HomeMy WebLinkAboutRES.1638.01-22-2001J
BILL NO. 2001-12 RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY
MANAGER TO EXECUTE A LEASE
AGREEMENT WITH DRURY SOUTHWEST
SIGNS, INC., AT THE CAPE GIRARDEAU
REGIONAL AIRPORT
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU,
MISSOURI, AS FOLLOWS:
ARTICLE 1. The City Manager, for and on behalf of the City
of Cape Girardeau, Missouri, is hereby authorized to execute a
Lease Agreement with Drury Southwest Signs, Inc., at the Cape
Girardeau Regional Airport. A copy of said Agreement is attached
to this Resolution and made a part hereof.
PASSED AND ADOPTED THIS /^ DAY OF , 20
r6�
A.1M. Spradling, III, Ma or
AT,T,EST
Gayle L'._ -Conrad, City Clerk
LEASE AGREEMENT
This Lease Agreement made and entered into this,,�.3; d day of a 2001, by and
between the City of Cape Girardeau, Missouri, a Municipal Corporation, her fter referred to as
"Lessor", and Drury Southwest Signs, Inc., P. O. Box 1214, Cape Girardeau, Missouri 63701,
hereafter referred to as "Lessee".
WITNESSETH:
In consideration of the rent to be paid by Lessee to Lessor and in further consideration of the
mutual promises and conditions herein contained, Lessor and Lessee do hereby make and enter into
the following agreements:
SECTION 1. PREMISES.
The Lessor agrees to provide to the Lessee a certain portion of real estate at the Cape
Girardeau Regional Airport along with non-exclusive access and utility easements over and across
Lessor's adjacent property for the purpose of providing access to the sign locations to operate and
maintain the signs and for providing electricity to the advertising signs. These locations are
denominated as Location 1 and Location 2 on a map of the area denominated as Exhibit A, attached
hereto and incorporated herein by reference.
The parties acknowledge that the advertising signs are constructed and in place at said
Locations pursuant to a previous Lease Agreement dated December 8, 1987, which the parties
acknowledge shall expire as of the commencement of the term of this Lease Agreement.
SECTION 2. TERM.
This Lease Agreement shall continue for a period of five (5) years beginning on the ? day
of February, 2001 unless terminated as herein provided.
Lessee shall have the option to renew this Lease Agreement under the same terms and
conditions, except rental, for one (1) successive renewal period of five (5) years. Lessee shall notify
Lessor of the exercise of this option by providing written notice of such exercise to Lessor prior to
the expiration of the current term. Without limitation, Lessor's receipt of payment by Lessee of
required rental for the succeeding renewal period shall constitute notice of Lessee's election to
exercise the applicable renewal period.
SECTION 3. RENTAL.
Lessee agrees to pay the sum of Two thousand four hundred dollars ($2,400.00) per year to
Lessor in exchange for the right to use the two (2) locations denominated on Exhibit A. The first
Lease payment shall be made on the I' day of February, 2001. Successive payments of Two
thousand four hundred dollars ($2,400.00) shall be due and payable on the I" day of February of
each calendar year thereafter for the entire term of this Lease for a total of Twelve thousand dollars
($12,000.00) over the five (5) year period.
Page 1
Annual rental for each year of a renewal period shall be that amount which is ten percent
(101/6) greater than the annual rental for the immediately preceding five (5) year term, and shall be
payable on or before February 1' of each applicable year.
SECTION 4. USE OF PREMISES.
The parties agree that the advertising signs to be placed by Lessee upon Lessor's property
will comply with all requirements of Cape Girardeau City Ordinances pertaining to advertising
signs. Exhibit A referred to herein above shows the size, height and dimensions and type of
construction to which Lessee will conform its advertising signs. The parties further agree that any
alterations or repairs of said advertising signs will comply with the Ordinances of the City of Cape
Girardeau, Missouri. Any change in the size, height, lighting, dimensions and type of construction
of these signs as they exist on the date of execution of this agreement are subject to prior written
approval by the Lessor, which approval shall not be unreasonably withheld.
Subject to use by the United States Government or any of its agencies as set forth in Section
12 herein, or due to any rule, regulation or order of the Federal Aviation Administration, or to
further development of the airport property, Lessor covenants that it will not itself, or permit any
person or tenant, to obstruct or impede the view of the Locations from the nearby public highways
and roads. Lessee may maintain appropriate visibility free of vegetation. If visibility of one or both
of these Sign Locations is blocked due to use by the U. S. Government or any of its agencies as set
forth in Section 12 herein, or due to any rule, regulation or order of the Federal Aviation
Administration, or due to further development of the airport property, Lessee shall have the right to
terminate this Lease as to such affected Location, and have no more liability for continuing rent for
such Location, or , in the alternative , Lessee may relocate the affected sign or signs to another
location or locations on Lessor's adjacent property, such location or locations to be subject to
Lessor's approval, which approval shall not be unreasonably withheld.
SECTION 5. IMPROVEMENTS.
Lessee agrees that the construction and design of the advertising signs in question will
comply with all Federal Aviation Administration rules and regulations and further that Lessee will
comply with all such regulations before placing the advertising signs in their location. Lessee agrees
that he will abide by all laws, provisions and requirements of Lessor, the State of Missouri and the
United States Government, and any agency thereof pertaining to the use and operations of said
Airport. In the event a dispute should arise between the parties hereto as to whether a particular use
made by Lessee is unsafe for aeronautical purposes, the rules and regulations of the Federal Aviation
Administration shall be controlling in settling such dispute. Lessee agrees that his interest under the
terms of this Lease Agreement is subject to FAA regulations.
SECTION 6. PARTIES BOUND.
This Agreement is binding upon the heirs, executors, and assigns of the parties. The parties
agree that Lessee may not assign its interest in this Contract without the express written permission
of the Lessor.
Page 2
SECTION 7. REHABILITATION ACT REQUIREMENTS.
Lessee shall operate and maintain its facilities in accordance with the requirements of
Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and will assure that no qualified
handicapped person shall, solely by reason of his or her handicap, be excluded from participation in,
be denied the benefits of, or otherwise be subject to discrimination, including discrimination in
employment under any program or activity that receives funds or benefits from a Federal Grant.
Lessee further assures that it shall comply with the requirements imposed by or pursuant to 49
C.F.R., Part 27.
SECTION 8. NON DISCRIMINATION
Lessee shall not, on the grounds of race, color, creed or national origin, discriminate or
permit discrimination against any person or group of persons in any manner prohibited by Title VI
of the Civil Rights Act of 1964, and Part 21 of the Regulation of the Office of the Secretary of
Transportation in the use of the leased premises. Lessor reserves the right to take such action as the
United States Government may direct to enforce this covenant.
The Lessee assures that it will undertake an affirmative action program as required by 14
CFR Part 152, Subpart E, to insure that no person shall on the grounds of race, creed, color,
national origin, or sex be excluded from participating in any employment activities covered by 14
CFR Part 152, Subpart E. The Lessee assures that no person shall be excluded on those grounds
from participating in or receiving the services or benefits of any program or activity covered by this
subpart. The Lessee assures that it will undertake affirmative action programs and that they will
require assurances from their sub -organizations, as required by 14 CFR Part 152, Subpart E., to the
same effect.
It is understood and agreed that nothing herein contained shall be construed to grant or
authorize the granting of an exclusive right within the meaning of Section 308 of the Federal
Aviation Act of 1958.
Lessee agrees to furnish service on a fair, equal and not unjustly discriminatory basis to all
users thereof, and to charge fair, reasonable and not unjustly discriminatory prices for each unit or
service; PROVIDED, that Lessee may make reasonable and nondiscriminatory discounts, rebates, or
other similar types of price reductions to volume purchasers.
SECTION 9. NO WAIVER OF FUTURE BREACH.
The failure of Lessor or Lessee to insist, in any one or more instances, on a strict
performance of any of the terms or the conditions of this Lease, or to exercise any right herein
contained, shall not be construed as a future waiver or a relinquishment of the provisions or right,
but the same shall continue and remain in full force and effect. The receipt by Lessor of rent, with
knowledge of the breach of any term or condition hereof, shall not be deemed a waiver of the breach
and no waiver by Lessor of any provision hereof shall be deemed to have been made unless
expressed in writing and signed by Lessor. Should Lessor at some time consent to an assignment of
this lease or to a sublease of the whole or any part of the demised premises, no further assignment
and no further sublease shall be made without the express consent in writing by Lessor. None of the
terms or conditions of this Lease shall be altered, waived, or modified in any manner except by
written instrument executed by both parties.
Page 3
SECTION 10. TERMINATION.
Lessor may terminate this contract upon thirty (30) days written notice to Lessee in the event
that Lessee fails to make payments as agreed herein in a timely fashion and in the event that Lessee
fails to comply with any law, provision or requirements of the City of Cape Girardeau, the State of
Missouri, or the United States Government or any agency thereof pertaining to the use and operation
of said airport or in the event that Lessee makes any assignment for the benefit of creditors or is
adjudged a bankrupt. Lessor's thirty (30) day notice shall reasonably describe the basis for such
termination, and Lessee shall have the opportunity to cure such default on or within thirty (30) days
from the date of receipt of such notice from Lessor. In the event that Lessor elects to terminate this
Contract under this provision, and Lessor provides said thirty (30) days written notice, and Lessee
fails to cure within such thirty (30) days, then in that event Lessee shall within forty-five (45) days
after receipt of said notices remove its advertising signs and if Lessee fails and refuses to remove
said advertising signs within the time allotted, then in that event the Lessor shall have the right to
remove same and Lessee agrees to compensate Lessor for any expense incurred by Lessor in removal
of said advertising signs. In the event that FAA officials determine that the advertising signs in
question are an aeronautical hazard, the parties agree that Lessee will immediately correct such
hazard to the satisfaction of FAA officials and the parties agree that should Lessee fail to do so, that
Lessor may immediately take whatever steps are necessary to alleviate the hazard, including removal
of the signs, and that in such event the thirty (30) day notice is expressly waived. The parties agree
that in the event the Lessor must take steps to alleviate such a hazard, then Lessee will reimburse
Lessor for whatever expenses are reasonably incurred in so doing.
SECTION 11. INDEMNITY.
Lessee shall keep and hold harmless Lessor, its employees, agents, servants and assigns
from and against any and all claims, demands, suits, judgments, costs and expenses asserted by any
person or persons, including agents or employees of Lessee by reason of death or injury to persons
or loss or damage to property resulting from Lessee's use of land hereunder, or as a result of
anything claimed to be done or omitted to be done by Lessee, its agents or employees hereunder.
SECTION 12. GOVERNMENT INTERFERENCE.
In the event that the United States Government or any of its agencies shall occupy the
airport or any substantial part thereof to such an extent as to materially interfere with Lessee's use
of the property as set out on Exhibit A or in the event of destruction by fire or other cause, of all or a
material portion of the Airport or Airport facilities or if Lessee's operation and use of the space
provided shall for any reason be materially interfered with for a period in excess of fifteen (15) days,
then and in any of those events, Lessee shall have the right upon written notice to Lessor to terminate
this Agreement, and Lessee's further obligations hereunder, or at its option to suspend this
Agreement for the periods of such disability, in which cases the payments normally due under this
contract shall not be paid or payable for the period during which normal use of Lessee's space is
suspended and Lessor shall return to Lessee any portion of rental fees which have been paid in
advance for such period of suspension.
Page 4
SECTION 13. GOOD STANDING.
Lessee "Drury Southwest Signs, Inc." represents that it is a corporation organized and
created by the laws of the State of Texas and that said corporation is in good standing in the State of
Texas. Lessee represents and agrees that it is in compliance with all procedures for registration as a
foreign corporation in the State of Missouri so that it is authorized and empowered by the laws of
Missouri to do business in the State of Missouri.
IN WITNESS WHEREOF, the parties have hereuntoeked this instrument to be executed
on the day and year first above written.
ATTEST:
A A fo 'A
C"01l 2L1 OQ
Gayle 0 Conrad, City Clerk
ATTEST:
Carolyn F. Bohifert, Asst. Secretary
CITY OF CAPE GIRARDEAU, MISSOURI
Michael G. Miller`, pity Manager
DRURY SOUTHWEST SIGNS, INC.
Jeffrey o rt, #ce President
Page 5
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