HomeMy WebLinkAboutRES.661.09-03-1991 BILL NO. 91-194 RESOLUTION NO.
A RESOLUTION APPROVING THE FORM OF A T-HANGAR
RENTAL AGREEMENT AT THE CAPE GIRARDEAU
MUNICIPAL AIRPORT AND AUTHORIZING THE CITY
MANAGER TO EXECUTE T-HANGAR RENTAL AGREEMENTS
WHEREAS, the City is the owner of the Cape Girardeau Municipal
Airport; and
WHEREAS, from time to time various parties desire to rent
portions of a t-hangar located at the Airport and become a tenant
of the City; and
WHEREAS, this t-hangar rental is an on-going process; and
WHEREAS, there needs to be a standard form of agreement for
rental of the t-hangar space.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
CAPE GIRARDEAU, MISSOURI, AS FOLLOWS:
ARTICLE l. The "T-Hangar Rental Agreement" , copy attached
hereto and made a part hereof, is approved as to form.
ARTICLE 2 . The City Manager, for and on behalf of the City of
Cape Girardeau, Missouri, is hereby authorized and directed to
execute T-Hangar Rental Agreements, as the need arises.
PASSED AND ADOPTED THIS �� DAY OF , 19.�•
rancis E. Rhodes, Mayor
ATTEST:
�
C�,�.
Ju i . Dale, Deputy City Clerk
T-HANGAR RENTAL AGREEMENT
This Rental Agreement made and entered into this � day of
, 19 , by and between the City of Cape
Girardeau, Missouri, a Municipal corporation, hereinafter referred
to as "Landlord, " and ,
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 agree to the
following:
l . Landlord shall 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 and corporate aircraft storage. This location is shown as
Location on a map identified as Exhibit A attached hereto and
incorporated herein by reference.
2 . This Lease Agreement shall continue for a period of one
( 1) year beginning 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 shall pay the sum of One Hundred Fifty Dollars
($150 . 00) per month to Landlord in exchange for the right to access
and use the t-hangar location denominated on Exhibit A. Payment
shall be made by the lOth day of the month via U.S . Postal Service
or in person to the Finance Department for the City of Cape
Girardeau, Missouri , 401 Independence, Cape Girardeau, Missouri
63701 .
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4 . Usage of the described premises is restricted to the
storage of personal or corporate aircraft only. The described
premises shall not be used for any type of commercial operation as
defined in the Minimum Operating Standards for Commercial
Activity/Operation or Service at Cape Girardeau Municipal Airport,
or the storage of any type of hazardous materials such as fuels or
chemicals.
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.
G . 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
o�' the City of Cape Girardeau, the State of 2dissouri , 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
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Tenant fails or refuses to remove said personal property within the
time allotted, the Landlord shall have the right to remove same,
and Tenant agrees to compensate Landlord for any expense incurred
by Landlord in removal of said personal property.
7 . Tenant shall keep and hold harmless Landlord, its
employees , agents, servants and assigns from and against any and
all claims, demands , suit, 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 Tenants use of the facilityF or as a result
of anything claimed to be done or omitted to be done by Tenant, his
agents or employees hereunder.
8 . Tenant shall have the right, upon written notice to
Landlord, to terminate this Agreenent and Tenant's further
obligation hereunder or at its option to suspend the payments
nornally due under this contract if Tenant's operation from and use
of the spaces provided shall for any reason be materially
interfered with for a period of fifteen (15) days. Said material
interference may be the result of, but is not restricted to,
complete destruction of the described property by fire ar other
cause, or occupation of the airport or any substantial part thereof
by the United States Government or any of its agencies.
9 . Tenant will not, within its power to do so, 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
�.
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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
ATTEST• By�
TENANT:
,
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