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HomeMy WebLinkAboutRES.2134.12-19-2005• 14 BILL NO. 05-282 RESOLUTION N0. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A T -HANGAR RENTAL AGREEMENT WITH GARY RUST FOR T -HANGAR RENTAL 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 T -Hangar Rental Agreement with Gary Rust for T -Hangar rental 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 Cn DAY OF 1,m 20. Gayle L. C(5prad, City Clerk Jay . Knud son, Mayor Cape Girardeau Regional Airport T -HANGAR RENTAL AGREEMENT This Rental Agreement made and entered into this day of December 2005, by and between the City of Cape Girardeau, Missouri, a Municipal corporation, hereinafter referred to as "Landlord" and Gary Rust hereinafter referred to as "Tenant". In consideration of the rent to be paid by Tenant to Landlord and in further consideration of the mutual promises and conditions herein contained, Landlord and Tenant do hereby make and enter into the following agreements: 1. Landlord agrees to provide to the Tenant a certain portion of the T -hangar located at the Cape Girardeau Municipal Airport. This location will be used by the Tenant for the sole purpose of personal aircraft storage. This location is shown as Location #10 on a map illustrated as Exhibit A attached hereto and incorporated herein by reference. 2. This Lease Agreement shall continue for a period of one (1) year beginning January 1, 2006 unless terminated as herein provided. The parties agree that this Lease Agreement is renewable after the initial term subject to negotiations between the parties. 3. Tenant agrees to pay the sum of One Hundred Fifty Dollars ($150.00) per month—($165.00 T -Hanger Rent minus $15.00 for Airport Storage)-- to Landlord in exchange for the right to access and use the T -hangar locations denominated on Exhibit A. Payment shall be made by the 10th day of the month via U.S. Postal Service or in person to the Cape Girardeau Regional Airport for the City of Cape Girardeau, Missouri; 401 Independence; P. O. Box 617, Cape Girardeau, Missouri 63702-0617. 4. Tenant agrees that the demised premises will not be used for any type of commercial operation as defined in the Minimum Operating Standards for the Cape Girardeau Regional Airport, nor will it be used for the storage of any type of hazardous materials such as fuels or chemicals. The usage of the demised premises will be limited to the storage of personal or corporate aircraft only. - 1 - 5. This Agreement is binding upon the heirs, executors and assigns of the parties. The parties agree that Tenant may not assign its interest in this contract, or sublease any portion of the demised premises, without the express written permission of the Landlord. The Tenant shall have the right to terminate this lease upon thirty (30) day prior notice in writing to the Landlord stating the desire to terminate. 6. Landlord may terminate this contract upon thirty (30) days written notice to the Tenant in the event that Tenant fails to make payments as agreed herein in a timely fashion and in the event that Tenant 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 Tenant makes any assignment for the benefit of creditors or is adjudged a bankrupt. In the event that Landlord elects to terminate this contract under this provision and Landlord provides said thirty (30) days written notice, then in that event Tenant shall, within thirty (30) days after receipt of said notice, remove its personal property. If Tenant fails or refuses to remove said personal property within the time allotted, then in that event the Landlord shall have the right to remove same and retake possession of the premises, and Tenant agrees to compensate Landlord for any expense incurred by Landlord in removal of said personal property in question. 7. Tenant shall keep and hold harmless Landlord, 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 Tenant by reason of death or injury to persons or loss or damage to property resulting from Tenant's use of the facility, or as a result of anything claimed to be done or omitted to be done by Tenant, his agents or employees hereunder. 8. 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 Tenant's use of -2- ti the property as set out on Exhibit A or in the event of destruction by fire or other cause, all or a material portion of the airport or airport facility, or if Tenant's operation and use of the space provided shall for any reason be materially interfered with for a period of fifteen (15) days, then and in any of these events, Tenant shall have the right, upon written notice to Landlord, to terminate this Agreement, and Tenant's further obligation hereunder shall cease. 9. Tenant will not, on the grounds of race, color or national origin, discriminate or permit ATTEST: 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 Regulations of the Office of the Secretary of Transportation. Landlord reserves the right to take such action as the United States Government may direct to enforce this covenant. LANDLORD: CITY OF CAPE GIRARDEAU, MISSOURI Douglas K. Leslie, City Manager TENANTS: Gary Rust -3-