HomeMy WebLinkAboutRES.671.10-07-1991 • �
BILL NO. 91-216 RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ENTER INTO A LEASE WITH WEB AERO, INC, FOR A
BUILDING AT THE CAPE GIRARDEAU MUNICIPAL
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 enter into a
Lease with WEB Aero, Inc. , for a building at the Cape Girardeau
Municipal Airport. A copy of said Lease is atached to this
resolution and made a part hereof.
PASSED AND ADOPTED THIS l �l�fC�, DAY OF , 19 9� .
�� _ � ���
�'rancis E. Rhodes, Mayor
ATTEST:
Jul e A. Dale, Deputy City Clerk
w W '
LEASE
THIS LEASE made this ���"L day of �L(�� .P,�% , 1991,
between the City of Cape Girardeau, Missouri, a Municipal
Corporation, hereinafter called "Lessor" and WEB Aero, Inc. , a
Missouri Corporation, hereinafter called "Lessee" ;
IN CONSIDERATION OF THE MUTUAL COVENANTS CONTAINED HEREIN, THE
PARTIES AGREE AS FOLLOWS:
SECTION l. PREMISES.
Lessor hereby agrees to lease to Lessee and Lessee hereby
agrees to take under the terms and conditions set out in this Lease
Agreement, the following described property including one (1)
building located thereon, which real estate is owned by the City of
Cape Girardeau, Missouri, and located at the City' s Municipal
Airport in Scott County, Missouri:
A tract of land situated in the Northeast Quarter of
Section 35 and in the Northwest Quarter of Section 36,
all in Township 30 North, Range 13 East in Scott County,
Missouri, containing 0. 46 acres (more or less) described
as follows:
Commence at the Northwest corner of the Northeast Quarter
of Section 35, Township 30 North, Range 13 East; thence
South, 50 . 0 feet to the South right-of-way line of the
Little River Drainage District Ditch No. 1; thence East
along said right-of-way line, 2204 . 6 feet to the West
right-of-way line of the Airport Access Road; thence
South 46° 15' East along said right-of-way line, 1, 060 . 5
feet; thence south 0° 30' West, 67 . 1 feet to the point of
beginning; thence South 0° 30' West, 119 . 0 feet; thence
North 89° 34 ' West, 168 . 0 feet; thence North 0° 30' East,
119 . 0 feet; thence South 89° 34 ' East, 168 . 0 feet to the
point of beginning.
SECTION 2 . TERM.
The original term of this Lease shall be for three (3) years,
beginning on November 1, 1991 and terminating on October 31, 1994 .
Lessee shall have the option to renew this lease at the end of
this term upon the renegotiation of the lease payments for an
additional term of two (2) years.
SECTION 3. RENTAL.
Lessee shall pay to Lessor the sum of three hundred forty-five
dollars ($345 . 00) per month. All rental payments shall be made
within ten (10) days after the last day of the month for which the
rent is due.
SECTION 4 . USE OF THE PREMISES.
The premises are to be used for the purpose of maintaining
personal aircraft and for renovation of aircraft. Lessee shall not
use or permit the use of all or any portion of the leased premises
in any other manner than herein set forth, without the prior
written consent of Lessor.
SECTION 5. UTILITIES.
Lessee shall assume and pay for all costs and charges for
utilities services furnished to Lessee during the term of this
lease. Lessee shall provide a complete and proper arrangement for
the adequate sanitary handling and disposal of all trash and other
refuse caused by the operation of its business.
Lessor shall, at its sole cost and expense, keep and maintain
the building, its fixtures and appurtenances. Lessee shall, at its
sole cost and expense, keep and maintain all improvements,
additions or alterations thereto, equipment and landscaping
constructed or installed by the Lessee upon the demised premises,
in first-class condition, which condition shall at all times be
based on a standard of care reflecting prudent property management,
reasonable wear and tear excepted.
SECTION 6. 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 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. 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 not unjustly discriminatory basis to all users thereof, and to
charge fair, reasonable and not unjustly discriminatory prices for
the services provided.
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SECTION 7 . 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.
SECTION 8. INSURANCE.
Lessee shall procure and maintain in effect for the term of
this lease agreement, liability insurance in an amount not less
than $100, 000 . 00 for one person and $1, 000 , 000 . 00 for any one
accident involving injury, including death or property damage, to
more than one person. In addition, Lessee shall procure products
liability insurance with limits of not less than $100, 000. 00 for
any one person and $1, 000, 000 . 00 for any one accident involving
injury, including death, for more than one person. In addition,
Lessee shall procure hangar keepers liability insurance for
aircraft in custody of Lessee on the demised premises.
Both parties may, at their respective options, purchase and
keep in effect, insurance on the facility against damage or loss
occasioned by fire or other casualty.
Lessee shall purchase and maintain Hangarkeepers Liability
Insurance for aircraft contained on the premises.
Certified copies of each policy or a certificate evidencing
the existence of the insurance specified herein and naming Lessor
as an additional insured on the enumerated insurance policies shall
be delivered to Lessor within ten (10) days after the execution of
this Lease.
If during the term of this lease the premises including the
buildings thereon at the commencement of this lease are totally
destroyed for any cause, by fire or other casualty, this lease
shall become void at Lessee' s option. In no case shall Lessor be
obligated to rebuild or restore the demised premises or any
building or portion thereof which may be destroyed �r damaged.
SECTION 9 . TERMINATION.
A. In addition to the methods of termination provided for
herein, the Lessee shall have the right to terminate this lease
upon the happening of one or more of the following events:
l. The permanent abandonment of the airport.
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2 . The lawful assumption by the United States Government, or
any authorized agency thereof, of the operation, control
or use of the airport, or any substantial pert thereof,
in such a manner as to substantially restrict Lessee for
a period of forty-five (45) days from operating its
business 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 forty-five (45) days.
4 . The default of Lessor in the performance of any covenant
or agreement herein required to be performed by Lessor,
and the failure of Lessor to remedy such default for a
period of thirty (30) days after receipt from Lessee of
written notice to remedy said default.
Lessee may exercise the right of termination by written
notice to Lessor at any time within thirty (30) days
after any of the expiration periods mentioned in the
preceding paragraph. Any notice or other communication
to Lessor or Lessee referred to in this lease agreement
shall be deemed validly given, served and delivered upon
deposit in the United States mail, registered and with
proper postage and registration fee prepaid, addressed as
follows:
LESSOR City Clerk
City of Cape Girardeau
City Hall
401 Independence
Cape Girardeau, MO 63701
LESSEE WEB Aero, Inc.
125 Court Street
Jackson, MO 63755
Any and all rentals due shall be payable only to the date
of termination.
B. This lease shall be subject to termination by Lessor upon
the happening of any one or more of the following events:
1. Lessee shall be in arrears in the payment of rent for a
period of thirty (30) days after the time such payments
shall be due.
2 . Lessee shall make a general assignment for the benefit of
creditors.
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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 fifteen (15) days after it is filed.
4 . Lessee shall abandon the demised premises.
5. Lessee shall default in the performance of any of the
covenants, agreements and conditions required to be kept
and performed by Lessee, and such default continues for
a period of thirty (30) days after receipt of written
notice from Lessor of said default.
Lessor may exercise the right of termination provided for
herein by written notice to Lessee at any time after any of the
events mentioned above in the method provided in the preceding
paragraph of this lease, and this lease shall terminate as of the
date of such notice. In the event of termination, Lessor may take
possession of the demised premise within ten (10) days after the
date of said notice. Default under this lease shall entitle Lessor
to declare all remaining installments or rentals to be due and
payable immediately and in the event Lessor shall take possession
of the demised premises, it may relet the same upon such terms and
conditions as it shall deem appropriate, and any deficiency in
rental payments shall be and remain the obligation of the Lessee.
SECTION 10. INSPECTIONS AND RIGHT TO ENTER.
Lessor shall have at any reasonable time during business
hours, 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.
SECTION 11. TAXES.
Lessee shall pay all personal property taxes which may be
assessed against equipment, merchandise, leasehold interests, or
other personal property owned or used by Lessee located on the
demised premises.
SECTION 12 . SUCCESSORS AND ASSIGNS.
All of the terms, covenants and agreement herein contained
shall be binding upon and shall inure to the benefit of the
successors, heirs, executors, administrators and assigns of the
respective parties hereto.
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SECTION 13. 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 and with the express written permission of the City
Council of Cape Girardeau, Missouri. In any 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 subtenant
authorized pursuant to this agreement shall comply with all
obligations of Lessee and be entitled to all benefits of Lessee.
All use of the premises by Lessee or any sublessees must be for
aviation related activities only.
SECTION 14. 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 premises for
military use.
SECTION 15. RIGHTS UPON TERMINATION
A. FIXED IMPROVEMENTS.
At the termination of this Lease for any reason, Lessor shall
be entitled at its option to have the land demised herein returned
to it clear of all fixed improvements which have been constructed
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 (30) days after termination of this lease. If
removal is not requested prior to the expiration of such thirty
(30) day period, then Lessee shall have no obligation to remove any
such improvements, but any such improvements not removed within
ninety (90) days after termination shall be the sole and exclusive
property of Lessor without cost.
If Lessor requires such removal, Lessee may have ninety (90)
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.
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B. PERSONAL PROPERTY.
Upon termination of this Lease, Lessee shall remove all
personal property from the demised premises within ten (10) 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 UPON 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 (10) days' notice to Lessee and to the
public, which notice may be given by publication of such notice for
five (5) consecutive days in a newspaper of general 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.
SECTION 16 . STORAGE.
The parties hereto agree that Lessee will not use or permit
the use of any portion of the premises for outdoor storage of
aircraft parts or salvage materials.
IN WITNESS WHEREOF, the parties hereto have caused this
instrument to be executed as of the day and year first above
written, at Cape Girardeau, Missouri.
CITY OF CAPE GIRARDEAU, MISSOURI
�
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; Ronald Fis er, City Manager
ATTEST: w
�
Juli A. Dale, De uty City Clerk
�`
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WEB AERO, INC.
% % �
;�� �
Sherry L. Wood, President
ATTEST:
Gene Brockett, S cretary
STATE OF MISSOURI )
) ss
COUNTY OF CAPE GIRARDEAU )
On this �D� day of �`l/��6 e r , 19�, before me
appeared J. Ronald Fischer, to me personally known, who, being by
me duly sworn, did say that he is the City Manager of the City of
Cape Girardeau, Missouri, a Municipal Corporation of the State of
Missouri, and that the seal affixed to the foregoing instrument is
the seal of said City and that the said instrument was signed and
sealed on behalf of said City by authority of its City Council and
acknowledged said instrument to be the free act and deed of said
City.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed
my official seal, at my office in Cape Girardeau, Missouri, the day
and year first above written.
i I����
Delores G. Needham, Notary Public
My Commission Expires:
October 8 , 1992
STATE OF MISSOURI )
'" ) S S.
COUNTY OF �;�?i;�r,2 e i:;>.�,� ct;���, �c1 �
�� ��. � e
On this ��T day of �:.��-�'��� , 1994, before me
appeared Sherry L. Wood, to me personally known, who, being by me
duly sworn, did say that she is the President of WEB Aero, Inc. , a
Corporation of the State of Missouri, acting pursuant to authority
granted her by a R�solution of WEB Aero, Inc. , adopted the ` �' '�'
day of Os�a�aer�;�f���l`, and that the seal affixed to the foregoing
instrument is the corporate seal of said corporation and that said
instrument was signed and sealed in behalf of said corporation, by
authority of its Board of Directors; and said Sherry L. Wood
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acknowledged said instrument to be the free act and deed of said
corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed
my official seal in the County and State aforesaid, the day and
year first above written. � � ,>
. � � � �
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[Typed Name of Notary Public]
My Commission Expires:
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