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HomeMy WebLinkAboutCityMgrForm.1395.11-15-1978 � � CITY 1�1ANAGER FORM ORDINANCE NO. /�� AN ORDINANCE APPROVING THE FORM OF A LEASE TO RENT CERTAIN SPACE IN THE CAPE GIRARDEAU l�1UNICIPAL AIt"2PORT BUILDING TO RONALD E. DOWD AND ELLA N. DOWD, HIS WIFE, D/B/A THE TRAVEL SHOP, WITH AUTHORITY FOR THE MAYOR TO EXECUTE WHEREAS, the City of Cape Girardeau, Missouri, is the owner and operator of the Cape Girardeau Municipal Airport and has for rent certain gift shop space in its Terminal Building; and WHE�EAS, Ronald E. Dowd and Ella N. Dowd, his wife, d/b/a The Travel Shop desire to rent said space for the purpose of providing gift shop facilities for the convenience and enjoyment of people using the Cage Girardeau �Iunicipal Airport and for the Citizens of Cape Girardeaut and WHEREAS, the said parties desire to enter into an agreement for the renting of said gift shop space; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: SECTION l. That the "Lease'° to rent certain space, between the City of Cape Girardeau, 1`�issouri and Ronald E. Dowd and Ella N. Dowd, his wife, d/b/a The Travel Shop, a copy �f which is attached hereto and marked Exhibit "A" , is approved in form. 5ECTION 2. That the Mayor of the City of Cape Girardeau, Nissouri, is hereby authorized and directed to execute said "Lease" 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 ana approval. � PASSED AND APPROVED THIS �_ DAY OF �(/ , 1978. _.._ _ �-'�.�,� .,�-_ ��_ _ P2AYOR ATTEST: �1�� � � --�--, CITY CLERK , i ��i 1�,'r .-� �{;' 1 �� � �'' . 1� , LEASE THIS LEASE made this lst day of November, 1978, between the City of Cape Girardeau, Missouri, a Municipal Corporation, hereinafter called "Lessor" and Ronald E. Dowd and Ella N. Dowd, his wife, d/b/a The Travel Shop, 121 West Clarmon Drive, Chaffee, Missouri, 63740, hereinafter called "Lessee" . In consideration of the mutual covenants contained herein, the parties agree as follows: SECTION 1. PREMISES. Lessor hereby leases to Lessee the area in Lessor' s Airport Terminal Building previously utilized as a gift shop and more particularly described as the area outlined in red on the attached diagram of the Lessor' s Airport Terminal Building, attached hereto marked Exhibit "A" and made a part hereof. Said area consists of approximately five hundred and forty (540) square feet. SECTION 2. TERM. The original term of this Lease shall be one (1) year, beginning on ivovember 1, 1978 , and terminating on October 31, 1979. Lessee shall have the option to renew this Lease on the same terms and conditions as the original term for a total of four (4) successive periods of one (1) year each by serving written notice of its election to renew upon the Lessor at least sixty (60) days prior to the expiration of the original term or any renewal thereof. SECTION 3 . RENTAL. For the first six (6) months of the original term of this Lease, Lessee shall pay to Lessor the sum of One Hundred Dollars ($100. 00) per month for the use of the demised premises. During the remaining term hereof or any renewal, Lessee shall pay to Lessor the sum of One Hundred Dollars ($100. 00) or two per cent (2�) of the gross receipts of Lessee' s business per month, whichever EXHIBIT NA„ !' is greater. All rental payments due for each month of this Lease shall be paid to Lessor by the lOth day of the next succeeding month. Lessor shall have the right at any time to examine or to have examined the sales records or sales tax returns of Lessee to verify the authenticity of the rental payments. SECTION 4. USE OF THE PREMISES. The premises are to be used for the purposes of operating and maintaining a gift shop. Lessee shall restrict its use to such purposes, and shall npt use or permit the use of the premises for any other purpose without the written consent of Lessor. SECTION 5. HOURS OF OPERATION. Lessee agrees to keep open to the public, and operate the gift shop seven (7) days a week, Monday through Sunday, except for major holidays. Lessee shall be excused from operating at any time during the term of this Lease when Lessee is prevented by strikes, fires, repairs, default of Lessor, or other causes beyond the reasonable control of Lessee. SECTION 6. UTILITIES. At all times during the term of this Lease, Lessor shall furnish to the demised premises, at no cost to Lessee, gas, electricity, heat, lighting, hot water, ventilation and air- conditioning as may be required by Lessee in the reasonable conduct of its business. This obligation of Lessor to furnish the above services or any other services which Lessor may from time to time agree to furnish to Lessee, shall be excused during any period when Lessor shall be prevented from furnishing said services by strikes, fires, accidents, inability to procure fuel at reasonable prices or other causes beyond the reasonable control of Lessor, and while Lessor shall in good faith be in the process of making necessary repairs to the building or equipment necessary for the furnishing of such services. SECTION 7. CUSTODIAL SERVICES Lessee agrees to provide the necessary management, materials and labor, to provide all janitorial and custodial services • 2. necessary, and to maintain the premises in a clean, safe, orderly and sanitary condition. SECTION 8. MAINTENANCE AND REPAIRS. Le�see shall keep all fixtures, furnishing and other property installed in good condition and repair. Lessee shall be responsible for all costs of repair to fixtures owned by Lessor. Whenever a fixture is damaged due to the error of Lessee, Lessee shall be responsible for all replacement and/or repair costs. SECTION 9. INSURANCE. Lessee, at the expense of Lessee, shall keep in force during the term of this Lease, insurance, issued by responsible insurance companies and in form acceptable to the attorney for the City of Cape Girardeau for the protection of Lessor against all liabilities, judgments, costs, damages, and expenses which may accrue against, be �charged to or recovered from Lessor, by reason of damage to the property of, injury to or death of any person or persons on account of or arising out of any matter or thing which may occur on the demised premises, in a policy or policies in the amount of $100, 000. 00 with respect to any one person and $750, 000 . 00 with respect to any one incident bodily injury coverage and $50, 000.00 with respect to property damage coverage, provided also such policies shall protect Lessor from claims against products liability in the amounts set forth above. Each party hereto may keep its interest in the demised premises, the building in which the demised premises are located, and the equipment and fixtures and other property located in the demised premises, insured at its own expense against fire, extended coverage and such other risks as it may choose. Lessee shall submit to the City a Certificate of Insurance on all insurance policies held by Lessee affecting its business or the premises. This would include but not be limited to liability insurance and fire insurance. SECTION 10. DAMAGE TO PREMISES. In the event the demised premises or the building of which the demised premises are a part shall be damaged or destroyed by 3. � : fire or other casualty, the same may be repaired or rebuilt by Lessor at its option as soon as funds are available but Lessor shall not be obligated to repair or rebuild any fixturE, equipment and other property installed by Lessee. In the event of any damage or destruction by fire or other casualty to the demised premises, Lessee shall immediately, at its expense, replace and repair any and all fixtures, equipment and other property installed by it. In the event the premises, or any part thereof, shall be destroyed or damaged by any cause not resulting from Lessee ' s neglect or fault, the rental shall cease where the destruction is entire or shall be fairly apportioned where the destruction is partial. SECTION 11. NOTICES. For purposes of this Lease, whenever it becomes necessary for the Lessee to serve upon Lessor any notice or demand, it shall be sufficient to send by ordinary mail, a written copy of said notice or demand to the City Manager' s Office in the City Hall Building, 401 Independence, Cape Girardeau, Missouri 63701. The agent selected by Lessor to administer this Lease shall be the City Manager or his designee. Whenever it becomes necessary for the Lessor to serve upon Lessee any notice or demand, it shall be sufficient to send by ordinary mail a written copy of said notice or demand to Ronald E. Dowd and Ella N. Dowd, his wife, d/b/a The Travel Shop, 121 West Clarmon Drive, Chaffee, Missouri 63740. SECTION 12. NON DISCRIMINATION. 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 4. . � �" nondiscriminatory discounts, rebates, or other similar types of price reductions to volume purchasers. The 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 manner prohibited by Part 21 of the Regulations of the Office of the Secretary of Transpor�ation. The Lessor reserves the right to take such action as the United States Government may direct to enforce this covenant. SECTION 13. ALTERATIONS, ItdPROVEMENTS AND ADDITIONS. Lessee shall not make any alterations, improvements, or additions to the demised premises without the prior written consent of Lessor. SECTION 14. RIGHT TO ENTER. Lessor, its agents or employees shall have access to, and shall have the right to enter the leased premises at all reasonable or necessary times to inspect the premises or for any other purpose reasonably connected with Lessor' s interest in the premises, including but not limited to the performance of any work or other act found necessary on such inspection. SECTION 15. 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 rights, 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 5. . �. conditions of this Lease shall be altered, waived, or modified in any manner except by written instrument executed by both parties. SECTION 16. TERMINATION. Lessor may enforce the performance of this Lease in any manner provided by law, but this Lease may be terminated at Lessor' s option if Lessee defaults and said default continues for thirty (30) days after written notice of such default. A default occurs in any one or more of the following events, if Lessee: 1. Shall desert or vacate the demised premises; 2. Shall fail to pay the rent or any part thereof as specified in this Lease: 3. Shall assign this Lease or sublet the demised premises without the consent of Lessor; 4. Shall fail to perform and comply with any of the terms or conditions of this Lease; 5. Shall fail to comply with any of the Statutes, Ordinances, rules or regulations of any governmental body; or 6. Shall file a Petition in Bankruptcy, or make an assignment for the benefit of creditors, or be adjudicated a bankrupt or take advantaqe of any insolvency act. SECTION 17. HOLDING OVER. The failure of Lessee to surrender the demised premises on the termination of this Lease and the subsequent holding over by Lessee with or without the consent of Lessor shall result in the creation of a tenancy from month to month at a monthly rental of Two Hundred Dollars ($200.00) payable on the first day of each month during the month to month tenancy. This provision does not give Lessee any right to hold over at the termination of this Lease. SECTION 18. PRIOR AGREENIENT TERMINATED. Lessee and Lessor specifically agree that the prior temporary month to month Lease Agreement for the same premises which was 6 . M h effective October l, 1978 is hereby terminated. IN WITNESS WHEREOF, the parties have hereunto caused this instrument to be signed, under their seals, the day and year first herein written. 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