HomeMy WebLinkAboutCityMgrForm.1357.08-02-1978 c t
CITY MANAGER FORM ORDINANGE NO. l 3.+ ?
AN ORDINANCE APPROVING THE FORM OF A LEASE AND OPERATIONS
AGREEMENT BETWEEN THE CITY OF CAPE GIRARDEAU, MISSOURI AND
CAPE CENTRAL AIRWAYS, INC. FOR FIXED BASE OPER.ATIONS AT THE
CAPE GIRARDEAU MUNICIPAL AIRPORT, AUTHORIZING THE MAYOR TO
EXECUTE
WHEREAS, the City of Cape Girardeau, Missouri, is
the owner and operator of the Cape Girardeau Municipal Airport;
and
WHEREAS, Cape Central Airways, Inc. desires to lease
certain lands and operate facilities at the said Airport;
and
WHEREAS, the parties desire to enter into an agreement
for said operations at the P,irport;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS:
SECTION 1. The "Lease and Operations Agreement" ,
copy attached hereto marked E�.ibit "A" , betweeri the City
of Cape Girardeau, Missouri, and Cape Central Airways , Inc. ,
is approved as to form.
SEGTION 2 . The Mayor of the City of Cape Girardeau,
Missouri, is hereby authorized and directed to execute said
Agreement, copy attached hereto marked Exhibit "A" , for and
on behalf of the City of Cape Girardeau, Missouri.
SECTION 3. This ordinance shall be in full force
and effect ten days after its passage and approval.
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PASSED AND APPROVED THIS d� DAY OF ,
1978.
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MAYOR
ATTEST:
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CITY CLERK
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LEASE AND OPERATIONS AGREEMENT �
THIS AGREEMENT, made and entered into this day of
, 197 , by and between the City of Cape
Girardeau, Missouri , a rnunicipal corporation of the State of
Missouri, hereinafter called "Less�r" , and Cape Central Airways ,
Inc. , a Missouri corporation, Box 99 , Cape Girardeau, Missouri ,
by and through its President, David Little, hereinafter called
"Lessee" .
�9I2'NESSETH
WHEREAS , the Lessor now owns and operates the Cape Girardeau
Municipal Airport, located 6 . 5 miles South-Southwest of the
City of Cape Girardeau, Missouri; and
WI-iEREAS, the Lessee has submitted a proposal to lease certain
lands and operate in compliance with the Lessor ' � specifications;
and
NOW, THEREFORE, for and in consideration of the premises
and mutual undertakings , agreements and covenants hereinafter
set forth, the parties hereto agree as follows :
ARTICLE I
PREMISES AND PRIVILEGES �
For and in consideration of the terms , conditions and covenants
of this Lease to be performed by Lessee, all of which Lessee
accepts , Lessor hereby leases to Lessee and Lessee hereby hires
and takes from Lessor certain property, together with any improvements
thereon (hereinafter called "demised premises") , and certain
attendant privileges , uses and rights , as hereinafter specifically
set out.
A. DESCRIPTION OF PREMISES DEMISED. Ttie premises hereby
leased are in four parcels as follows :
1. Hangar Area: Begin at the southwest corner of
the present airport terminal building, thence west
approximately 18 feet to the west edge of the blacktop,
thence south approximately 300 feet to the south
edge of the blacktop, thence east approximately
300 feet to a point south of the southeast corner
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of the main hangar, thence north approximately
45 feet �o the southeast corner of the main hangar,
thence east approximately 675 feet to the southeast
corner of the old east hangar (quonset style) ,
thence north approximately 200 feet to the fence,
thence west approximately 675 feet along the fence
to a point approximately 40 feet north of the northeast
corner of the main hangar, thence south approximately
40 feet to the northeast corner of the main hangar,
thence west approximately 260 feet along the north
side of the main hangar and the fence extending
westerly to the end of the fence, thence north
approximately 40 feet to the airport terminal building,
thence west along the south side of the airport
terminal building approximately 20 feet to the
point of beginning.
2 . Beacon Area: Begin at the northeast corn�r of
the intersection of the north-south airport entrance
road and the east-west airport road near the present
fuel storage tanks, thence east along the north
edge of the east-west road approximately 435 feet
to a point south of the southwest corner of the
fire station, thence north approximately 400 feet,
thence west approximately 445 feet to the east
edge of the north-south road, thence south approximately
400 feet to the point of beginning.
3 . T-Hangar Area: Begin at the northeast corner of
the concrete-paved apron area in front of the control
tower, thence east approximately 320 feet to the
fence bordering the west side of the north-south
airport entrance road, thence north along the fence
approximately 900 feet to a point east of the northeast
corner of_ the paved T-liangar apron, thence west
approximately 210 feet to the west edge of the
T-hangar taxiway, thence northwesterly approximately
600 feet along the west edge of the T-hangar taxiway
to the east edge of Taxiway E, thence southeasterly,
1120 feet along the east side of Taxiway E to the
north edge of the concrete apron area, thence east
approximately 90 feet to the point of beginning.
4 . Expansion Area: Begin at the southeast corner
of the Hangar Area, thence east approximately 1000
feet to a point 50 feet west of the airport boundary
which adjoins the I-55 right-of-way, thence northwesterly
approximately 225 feet parallel to the airport
boundary to a fence running east-west, thence west
along the fence approximately 950 feet to the east
edge of the Hangar Area, thence south approximately
200 feet to the point of beginning.
B. USE OF DEMISED PREMISES
Lessor hereby grants Lessee the right to operate a FIXED
BASE OPERATION (FBO) on the demised premises. As used herein,
an FBO shall be a person, firm or corporation which provi.des
aircraft and engine maintenance facilities , and is engaged in
the full time business of selling to the public products an�
services related to general aviation, including aircraft and
accessories, aviation fuels and lubricants , aircraft charter,
aircraft rental, aircraft hangar rental, and FAA approved private
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and commercial flight training. The foregoing products and services ,
if provided by Lessee on tne demised premises , shall be�provided
in a manner which is consistent with the objectives of the Lessor
to provide a quality aviation facility to th� public, and consistent
with the nature and level of operation of well-managed fixed
base operation.
Lessee shall have the right to charge ana collect aircraft
parking and tie-down charges for al1 aircraft parked on the
paved airport ramps lying sauth of the Hangar Area described
in Article IA.
Lessee shall not use or permit the use of any part of the
leased premises in any other manner than set forth above without
the prior written consent of Lessor.
C. OBSERVANCE OF STATUTES, ETC.
The granting of this lease and its acceptance by Lessee
is conditioned upon the right to use said pu��lic airport facilities
in common with others authorized to do so, provided however,
that Lessee shall observe and comply with any and all requirements
of the constituted public authorities and wit:h all Federal,
State or local statutes , ordinances , regulati.ons and standards
applicable to Lessee or its use of the demised premises , including
but not limited to rules and regulations in effect at the time
of this Agreement and such valid and reasonable health and safety
regulations of general application as may hereafter be promulgated
from time to time by the City Council.
ARTICLE II
OBLIGATIONS OF LESSOR
A. OPERATIONS AS A PUBLIC AIRPORT
Lessor will aperate Cape Girardeau Municipal Airport throughout
the lease term and any option term as a public airport consistent
with and pursuant to the Sponsor' s (Lessor' s) Assurance heretofore
given by it to the United States under the Federal Airport Act.
Any physical improvement of the leased premises now or hereafter
required by any duly constituted governmental authority or by
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law to permit the continued operation of Lessor shall be supplied,
maintained, repaired or replaced by Lessor. •
B. INGRESS �JD EGRFSS
Upon paying the rental hereunder and performing the covenants
of this Agreement, Lessee shall have the right of ingress to
and egress fr.om sai.d demised premises and between the leased
parcels of the Lessee, for its officers , employees , agents ,
servants, customers , vendors , suppliers , patrons, sublessees ,
and invitees , and the right of ingress to and egress from the
landing area for air.planes subject to provisions of Article
I , Section C above. Said Lessor ' s aircraft parking ramps and
taxiways which are nat included in the areas specifically described
in Article IA shall be used jointly with other tenants on the
airport and Lessee shall not interfere with the rights and privileges
of other persons or firrns using said facilities .
C. AIRPORT FACILITIES EXPANSION
Lessor shall immediately commence investigation of the
possibilities of extending the existing airport apron adjoining
the Hangar Area eastwardly along the south side of the Expansion
Area, using federal and state assistance. If such apron extension
proves practical to all parties from financial and construction
standpoints including Lessor' s resources, federal and state
assistance, possible assistance from Lessee and its sublessees
and other interested persons , the parties shall cooperate in
attempting to secure such improvements . In the event the apron
is so extended, Lessee agrees that the lease term concerning
the Expansion Area shall be reduced within five, ten, and fifteen
years thereafter in the same manner as provided in Article IV
with respect to the Beacon Area.
. D. SNOW REMOVAL
Lessor shall be responsible for removal of snow from the
airport parking ramps and taxiways which are not included in
the areas leased to Lessee, sufficient to permit Lessee to move
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aircraft from its leased areas and tie-down areas onto said
parking ramps and taxiways . Lessee shall be responsible for
snow removal from all areas leased to it under this Agreement.
ARTICLE III
OBLIGATIONS OF LESSEE
A. NET LEASE �
The use and occupancy of the demised premises by Lessee
will be without cost or expense to Lessor. It shall be the
sole responsibility of Lessee to keep, maintain, repair and
operate the entirety of the demised premises and all improvements
and facilities thereon at Lessee ' s sole cost and expense, except
as otherwise specifically provided herein.
B. CONDITION OF PREMISES
Lessee has examined the leased premises and accepts them
in the existing conditions. Lessee agrees to make any other
improvements, alterations or repairs as required in Section
C below.
C. MAINTENANCE AND REPAIR
Lessee shall maintain the leased premises at all times
in a safe, neat and sightly condition and shall not permit the
accumulation of any trash or debris on the premises , and shall
remove such debris to a disposal site off the premises of the
Airport. Lessee shall promptly repair all damages to said premises
and buildings caused by its employees , patrons , or its operation
thereon. Lessor shall maintain and repair all the exterior
walls , roof, exterior doors , hangar doors, and windows of the
main hangar presently located at the west end of the Hangar
Area. Lessee shall maintain and repair the interior of the
main hangar and all the exterior and interior of all other buildings
and improvements and all other maintenance including but not
limited to:
l. Cleaning of stoppages in plumbing fixtures and
drain lines.
2 . Repair of equipment and utilities to include electrical,
mechanical and p.lumbing in all buildings including
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but not limited to air conditioning and heating
equipment. Al1 repairs are to be made by craftsmen
who are skilled in the type of work required.
I.f. the electrical, mechanical or plumbing equipment
and utilities become inoperative or unuseable due
to normal wear and tear and reach the end of useful
life, such equipment of equal or better quality
and performance shall be acquired and installed
at Lessor' s expense.
3. Lessee is responsible for maintaining electric
Ioads within the designed capacity of the system.
Prior to any change desired by Lessee in the electrical
loading which wauld exceed such capacity, written
consent will be obtained from the City Manager
or his designated agent.
4 . Lessee sha11 provide and maintain hand fire extinguishers
for the interior of all buildings and aircraft
shop and parking areas , in accordance with applicable
safety codes .
5 . Lessee shall insure that the grass around all the
buildings is mowed regularly and free from litter
to provide a neat and orderly appearance.
Lessee further agrees that upon the expiration of the term
of this Agreement, or sooner termination thereof, said premises
will be delivered to Lessor in as good condition as when received,
reasonable wear and tear excepted. Lessor reserves the right
� to make periodic inspection of leased premises and improvements
and equipment therein during normal business hours .
D. ALTERATIONS AND ADDITIONS TO PREMISES
l. Except for ordinary and necessary repairs and other
express requirements of this Agreement, Lessee shall not construct,
install, alter, remove, or otherwise modify any part oF the
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premises leased hereunder except as provided in this Paragraph
D or as the parties may otherwise agree in writing. '
2 . Lessee shall construct new T-hangars for eight
single engine airplanes within 24 months of the commencement
of this Lease. Lessee shall commence construction earlier if '
it hereafter receives written requests for eight spaces in such
hangars. Lessee will commence construction of additional single
engine T-hangars upon receipt of each eight additional 2-year
lease requests and larger hangars upon receipt of 10-year least
requests , all at rentals which will return to Lessee rentals
of at least 1-1/2 percent per month of the sum of the actual
construction cost thereof, plus the interest cost on any loans
financing said construction except that such construction need
not be commenced within the last 6 years of this lease ur.less
Lessor elects to purchase the same at the end of the lease as
provided in subparagraph 6.
3. Lessee shall have the right subject to Paragraph
D (4} below to construct buildings and improvements upon the
premises and to alter or use existing buildings in order to
provide the products and services permitted in Article I (B)
and further to provide space for sublease by Lessee to:
a. businesses engaged in the repair, refurbishing,
manufacture, assembly, sale or installation of
aircraft or aircraft accessories and eguipment,
or avionics; or
b. businesses which provide other aircraft-related
" services to pilots or aircraft owners; or
c. other businesses approved in writing by Lessor.
No business shall qualify under subparagraphs {a) or (b) above
unless a major portion of its services or products are provided
for pilots or aircraft owners . Further no business shall qualify
under subparagraphs (a) or (b) above if any officer or stockholder
of Lessee is a sole or partial proprietor, partner, officer
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or shareholder of such business . L'pon granting of any sublease,
Lessee shall immediately provide Lessor with a copy of the sublease.
4 . Lessee shall obtain the Lessor ' s approval of the
design and location �f aIl new buildings and improvements and
alteratians of existing buildings prior to commencement of construc-
tion, which approval will not be unreasonably withh�ld.
5 . Lessee shall be permitted to place liens upon buildings
or improvements constructed by Lessee under this Agreement,
provided such liens shall terminate by their terms at the termination
of this lease. L�ssor and Lessee may agree on assumption of
liens.
6 . Within 90 days after termination of this lease,
Lessee may remove from the premises any and all buildings and
improvements it has constructed upon the premises, and upon
doing so, Lessee shall restore the ground to its pre-construction
condition unless Lessor shall otherwise agree.
7 . Any action taken by Lessee pursuant to the terms
of this Section shall be the sole financial responsibility of
Lessee, and Lessor shall in no way be deemed the agent of Lessee
in connection with any matters undertaken by Lessee pursuant
to the terms of this Section.
8 . Lessee shall be responsible for performance of
all obligations of this Agreement by all sublessees. Lessor
may enforce such obligations against Lessee and any sublessee
who has assumed such obligations in its sublease.
E. UTILITIES
� Lessee shall assume and pay for all costs ar charges for
utility services furnished to Lessee during the term hereof;
provided, however, that Lessee shall have the right to connect
to any and all storm and sanitary sewers and water and utility
outlets at its own cost and �xpense; and Lessee shall pay for
any and all service charges incurred therefor.
F. TRASH, GARBAGE, ETC.
Lessee shall provide a complete and proper arrangement
for the adequate sanitary handling and disposal, away from the
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Airport, of all trash , garbage and other refuse resulting from
the operation of its business . Lessee shall provide and use
suitable covered metal receptacles for all such garbage, trash
and other refuse .
Piling of boxes , cartons, barrels or other similar items ,
in an unsightly or unsafe manner, on or about the demised premises
shall not be permitted.
G. SIG�IS
Lessee shall not erect, maintain, or display any billboards
or advertising signs other than those giving the names or prnducts
or services provided by Lessee or sublessees.
H. NONDISCRIMINATION
Lessee will not, on the grounds of race, color or national
origin, discriminate or permit discrimination against any person
or group of persons in any rnanner 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. Lessor reserves
the right to take such action as the United States Government
may direct to enforce this covenant.
Lessee agrees to furnish service on a fair, equal and non-
discriminatory basis to all users thereof, and to charge fair,
reasonable and non-discriminatory prices for each unit or service;
provided, that Lessee may make reasonable and non-discriminatory
discounts, rebates , or other similar types of price reductions
to volume purchasers .
I . NON EXCLUSIVE RIGHTS
� It is understood and agreed that nothing herein contained
shall be construed to grant or authorize the grantin� of an
exclusive right within tY�e meaning of Section 308 of the Federal
Aviation Act of 1958 , as amended, and Lessor reserves the right
to grant to others the privilege and right to conduct any one
or all of the aeronautical activities listed herein, or any
other activity.
Lessee shall comply with all FAA and U. S. Code requirements
as to non-discriminatiori.
J. EXISTING HANGARS
Two Quonset-type wooden hangars presently stand upon the
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Hangar Area. Lessor shall immediately proceed to remove all
the above-ground structure of the east hangar at its expense.
Lessee shall imme�iately commence to repair the roof and exterior
of the west hangar at its expense, whereupon such hangar shall
became the property of Lessee and shall be removed at Lessee ' s
expense at the termination of this lease. Should Lessee determine
that repair of the west hangar has proved to be impractical
prior to the time Lessor has completed removal of the east hangar,
Lessor sha11 remove the west hangar at its expense, otherwise
Lessee shall remove the west hangar at its awn expense.
ARTICLE IV
TERM OF LEASEHOLD
A. ORIGINAL 'PrRM
The original term of this Agreement shall commence on June
1, 1978 and expire on the thirtieth anniversary thereof.
B. REDUCTION OF TERM
After this Agreement has been in effect for five years ,
if Lessor has prospective tenants who are ready, willing, and
able to enter into leases for any unoccupied parts of the Beacon
Area, Lessee will release from this Agreement for lease by Lessor
to said tenants said unoccupied parts of the Beacon Area if
such release does not reduce Lessee' s unreleased area below
three times the area then occupied by Lessee. After this Agreement
has been in effect for 10 years , Lessee will release said parts
which do not exceed two times the area then being occupied by
Lessee, and after this Agreement has been in effect for 15 years ,
� Lessee will release all of said parts not then being occupied.
The parts being occupied by Lessee shall include access ways
and reasonable areas surrounding buildings and improvements.
Lessee shall not be entitled to any reduction in rent due to
such releases .
ARTICLE V
RENTALS AND FEES
Lessee shall pay to Lessor an annual rental determined
as follows:
(a) Two percent of all gross receipts received by Lessee
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during each of its full Gr partial fiscal years during
the term of this Agreement, excluding all income from
aircraft sales and excluding all income of Lessee earned
at any business located apart from t.he Cape Girardeau
Municipal Airport, plus
(b) Twenty-three percent of all rent charged by Lessee
to all of its sublessees (excluding aircraft storage)
duz�ing each of Lessee ' s full or partial fiscal years
during the term of this Agreement, whether or not Lessee
collects the same from its sublessees. The parties
may agree in writing upon changes in such annual rentals
with respect to specified sublessees .
By June 30 of each year hereafter, Lessee will provide
Lessor with full payment and a written accounting of the annual
rentals which may be due for the previous fiscal year under
this Article, and shall permit Lessor to make reasonable inspections
of its records and accounts for purposes of verification thereof .
Lessee shall pay to Lessor a minimum rental of $20 , 800 .00
per year, payable $1, 740 . 00 monthly in advance by the tenth
day of each month during whieh this Lease is in effect, which
minimum rental shall be credited against the annual rental.
ARTICLE VI
INDEMNITY AND INSURANCE BY LESSEE
A. INDEMNITY
Lessee agrees to indemnify, defend, and hold harmless the
Lessor from claims , demands , actions and suits of every kind
� because of bodily injury, including death, and property damage
which may arise both out of and during this contract�whether
such operations be by Lessee, Sublessee, agent, employee or
anyone directly or indirectly acting on behalf of Lessee.
B. LIABILITY INSURANCE
Lessee shall procure and maintain in effect for the term
of this Agreement, insurance coverage from an insurance carrier
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acceptable to Lessor to protect Lessor from all claims or liability
arising .from its position as Owner or Landlord, in the �ollowing
minimum amounts :
A. Bodily Injury $100 ,000 per person
$800 ,000 per occurrence
B. Property Damage $100 ,000 per occurrence
The policy shall name the Lessor, its officers , agents ,
employees , boards , and c�rnmissions as additianal named insureds
with the commercial operator with respect to Lessor' s Owner
or Landlord coverage, Lessee shall furnish I.essor, for approval,
a true copy of sucn insurance coverage which shall provide that
the policy may not be cancelled or materially modified without
at least thirty days prior written notice to Lessor. Lessee
shall carry as a minimum insurance coverage in the above amounts
for its operation, and shall hold the Lessor, its officers ,
agents, emp?oyees, boards and commissions harmless from, and
against, all claims and liability for injury to persons or damage
to property.
C. FIRE AND EXTENDED COVERAGE INSURANCE - HANGARKEEPERS
LIABILITY INSURANCE
Lessor and Lessee may each at their respective options
purchase and keep in effect insurance on the facility against
damage or loss by fire or risks of a similar or dissimilar nature
which are customarily covered under standard policies of fire
insurance having standard extended coverage endorsements .
Lessee shall purchase and maintain Hangarkeepers Liability
Insurance for aircraft contained on or in the demised premises.
A certified copy of each policy of certificate evidencing the
existence af the insurance specified herein and naming Lessor
as additional insured on enumerated insurance policies shall
be cielivered to Lessor within ten days after th� e:xecution of
this Lease.
D. RESTORATION OF CASUALTY LOSSES
If during the term of this lease the demised premises including
the buildings thereon at the commencement of this lease are
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totally destroyed for any cause, this lease shall become void
at Lessee's option. If a portion or all of the demised, premises
ar any building thereon at the commencement of this Lease is
totally destroyed or damaged such that the ability of Lessee
ta conduct its business is substantially impaired but Lessee
has not elected to decl�re the lease void as provided above,
the rental due Lessor shall be equitably adjusted to reflect
the unavailability of such buildings to Lessee. In no case
shall Lessor be obligated to rebuild or restore the demised
premises or any building or portion thereof which may be destroyed
or damaged.
ARTICLE VII
TERMINATION OF LEASE AND ASSIGNMENT PROVISIONS
A. TERMINATION
This lease shall terminate at the end of the full term
hereof and Lessee shall have no further right or interest in
any of the ground or improvements hereby demised, except as
expressly provided herein.
B. TERMINATION BY LESSEE
This Lease shall be subject to termination at the option
of Lessee upon the happening of one or more of the following
events: .
1. The permanent abandonment of the Airport.
2 . The lawful assumption by the United States Government,
or any authorized agency thereof, of the operation,
control or use of the Airport, ar any substantial
part or parts thereof, in such a manner as to substantially
restrict Lessee for a period of at least ninety
days from operating thereon.
3 . Issuance by any court of competent jurisdiction
of any injunction in any way preventing or restricting
the use of the Airport, and the remaining in force
of such injunction for a period of at least ninety
days .
4 . The default by Lessor in the performance of any
covenant or agreement herein required to be performed
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by Lessor and the failure of Lessor to remedy such
d�fault for a period of sixty days after receipt
fr�m Lessee of written notice to remedy same.
5. In the event of fire or other damages to the premises
whicri would substantially impair the normal operation
of business for a period in excess of thirty days.
Lessee may �xercise the right of termination by written
notice to Lessor at any time within thirty days after the expiration
of the periods mentioned in paragraphs 1 to 5 , inclusive, immediately
above, and this lease shall terminate as of the date of such
notice. Any rentals due shall be payable only to the date of
such termination.
C. TERMINATION BY LESSOR
This lease shall be subject to termination at the option
of Lessor upon the happening of any one or more of the following
events , which events may be elsewhere described in this Lease
as events of default:
l. Lessee shall be in arrears in the payment of any
part of the rental agreed upon for a period of
15 days after the time such payments shall be due.
2 . Lessee shall make a general assignment for the
benefit of creditors .
3 . Lessee shall file a voluntary or have filed against
it an involuntary petition in bankruptcy, provided
such petition whether voluntary or involuntary
shall not be dismissed within 60 days after the
� institution thereof.
4 . Lessee shall abandon the demised premises.
5 . Lessee shall discontinue any of the commercial
aviation operations of an FBO as outlined in Article
I , Section B.
6 . Lessee shall default in the performance of any
of the covenants , agreements and conditions required
herein to be kept and performed by Lessee, and
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such default continue for a period of 30 days after
receipt of written notice from Lessor of said default.
7 . Lessee shall fail to maintain current licenses
required for its operation.
In any of tr�e aforesaid events , Lessor may immediately
terminate this lease by written notice; and may take immediate
possession of the demised premises and all improvements located
thereon, and may, if desirable, remove Lessee' s effect, forcibly
if necessary, without being guilty of trespass or conversion.
Upon said default, all rights of Lessee shall be terminated,
and Lessee hereby agrees to surrender up possession of the demised
premises to the City Manager or his designee immediately. Lessor
and Lessee shall have and reserve all of their available remedies
at law as a result of said breach of contract.
Failure of Lessor to declare this lease terminated upon
the default of Lessee for any of the reasons set out shall not
operate to bar, destroy or waive the right of Lessor to terminate
this lease by reason of any subsequent violation of the terms
hereof.
D. WAR OR NATIONAL EMERGENCY
During the time of war or national emergency, Lessor or
Lessee shall have the right to terminate this lease should the
Federal Government assume control and possession of the demised
premises for military use.
E. ASSIGNMENT AND SUBLETTING
This lease shall not be assigned without prior written
consent of Lessor, nor shall said premises or any part thereof
be used or permitted to be used for any purpose other than as
provided in this Agreement or let or sublet except within the
terms of this Agreement but in such event, Lessee shall remain
liable to Lessor for the remainder of the term of this lease
to pay to Lessor the rental and fees provided for herein upon
failure of the assignee to pay the same when due. Any sublessee
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authorized under this Agreement shall comply with all obligations
of Lessee and be entitled to all benefits of Lessee. •
ARTICLE VIII
RIGHTS UPON TERMINATION
A. FIXED IMPROVEMENTS
At the termination of this Leas� for any reason, Lessor
shall be entitled at its option to have the land demised herein
returned to it clear af all fixed improvements which have been
canstructed or acquired by Lessee and restored to its original
condition. Request for said removal shall be set forth in writing
by Lessor to Lessee within thirty days after termination of
this lease. If removal is not requested prior to the expiration
of such thirty day period, then Lessee shall have no obligation
to remove any such improvements , but any such improvements not
removed within ninety days after termination shall be the sole
and exclusive property of Lessor without cost.
If Lessor requires such removal , Lessee may have ninety
days after notice to remove in which finally to remove any such
improvements , and if Lessee fails to remove said improvements ,
they may thereafter be removed by Lessor at Lessee ' s expense.
B. PERSONAL PROPERTY
Upon termination of this Lease, Lessee shall remove all
personal property from the demised premises within ten days
after said termination and if Lessee fails to remove said personal
property, said property shall be deemed abandoned and may thereafter
be removed by Lessor at Lessee' s expense, and disposed of according
� to Lessor' s discretion.
C. RIGHTS UFON TERMINATION �
Lessor shall have a lien upon all property, personal or
otherwise, of Lessee for any sums due Lessor from Lessee upon
termination of this Lease for any cause. Lessor may sell the
same in a commercially reasonable manner as that term is utilized
in the Uniform Commercial Code of Missouri , including the right
to sell at public auction upon ten days ' notice to Lessee and
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to the public, which notice may be given by publication of such
notice for five consecutive days in a newspaper of gene�al circulation
published in Cape Girardeau County, Missouri , and Lessor may,
upon such sale and after deducting the reasonable expense thereof
including attorneys ' fees , apply the proceeds to any sums due
by Lessee to Lessor. Any excess after the payment of all such
expenses shall be paid over by Lessor to Lessee.
ARTICLE IX
GENERAL PROVISIONS
A. LESSOR'S RESERVED RIGHTS
l . Lessor at its sole discretion, reserves the right
to further develop or improve the aircraft operating area of
the airport as it sees fit and to take any action it considers
necessary to protect the aerial approaches of the airport against
obstructions , together with the right to prevent Lessee from
erecting or permitting to be erected, any building or other
structure on the airport which would limit the usefulness of
the airport or constitute a hazard to aircraf.t.
2 . This Lease shall be subordinate to the provisions
of any existing agreement between Lessor ar.d the United States ,
relative to the operation or maintenance of the airport, the
terms and execution of which have been or may be required as
a condition precedent to the expenditure or reimbursement to
Lessor for Federal funds for the development of the airport.
3 . Lessar, through its duly authorized agent, shall
have at any reasonable time the full and unrestricted right
• to enter the leased premises for the purpose of inspection or
maintenance and for the purpose of doing any and all� things
which it is obligated or has a right to do under this agreement.
B. NON-INTERFERENCE WITH OPERATION OF AIRPORT
Lessee by accepting this Lease expressly agrees for itself,
its successors and assigns that it will not make use of the
leased premises in any manner which might interfere with the
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,
landing and taking aff of aircraft from Cape Girardeau Municipal
Airport or otherwise constitute a hazard. In the event' the
aforesaid covenant is breached, Lessor reserves the right to
enter upon the premises hereby leased and cause the abatement
of such interference at the expense of the Lessee.
Lessor shall have the right to maintain and keep in repair
the landing area of the airport, and to direct and control all
activities of the Lessee in this regard, except as otherwise
herein provided.
C. PARAGRAPH HEADINGS
The paragraph headings contained herein are for convenience
in reference and are not intended to define or limit the scope
of any provisions of this lease.
D. NOTIC�S, CONSENTS AND APPROVALS
Whenever any notice or payment is required by this Lease
to be made, given or transmitted to the parties hereto, such
notice or payment shall be deemed to have been given if enclosed
in an envelope with sufficient postage attached to insure delivery,
and deposited in the United States mail, addressed to:
LESSOR: City of Cape Girardeau, Missouri
Mayor �
City Hall, P. O. Box 564
Cape Girardeau, Missouri 63701
LESSEE: Cape Central Airways , Inc.
President
Box 99
Cape Girardeau, Missouri 63701
or such other place as either party shall in writing designate
in the manner herein provided.
E. SUCCESSORS AND ASSIGNS
All of the terms, covenants and agreements herein contained
shall be binding upon and shall inure to the benefit of successors
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.�.�...��
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�
and assigns of the respective parties hereto.
ZN WITNESS WHEREOF, the parties hereto have caused •this
instrument to be executed as of the day first above mentioned
at Cape Girardeau, Missouri.
CITY OF CAPE GIRARDEAU, MISSOURI
, BY
Paul W. Stehr, Mayor
ATTEST:
Verna L. Landis, City Clerk
CAPE CENTRAL AIRWAYS, INC.
By
David Little, President
ATTEST:
Secretary
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