HomeMy WebLinkAboutRES.255.05-18-1987 BILL N0. 87-87 RESOLUTION N0. �'�
A RESOLUTTON AUTHORIZING THE CITY MANAGER ON
BEHALF OF THE CITY OF CAPE GIRARDEAU,
P�ISSOURI, TO ENTER INTO AN AIRPORT AND
AIR PORT FACILITIES AGREEMENT AND LEASE WITH
� AIR MIDWEST, INCORPORATED
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU,
MISSOURI, AS FOLLOWS:
SECTION 1 . TY�e City Manager on behalf of the City of Cape
Girardeau , Missouri , is hereby authorized to enter into an Airport
and Airport Facilities Agreement and Lease with Air Midwest,
Incorporated . A copy of said Lease is attached to this resolution
and made a part hereof.
PASSED AND ADOPTED THIS � �� DAY OF , 1987.
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` � .�j'�. . !��/F�r„' /`f_L�i
Francis E. Rhoc7es, Mayor
ATTEST :
Alvin M. Stoverink, City Clerk
AIR PORT AND AIR PORT FAC I LI TI ES
AGREEMENT AND LEASE
THIS AGREEMENT made and entered into this day
of � 1986 , by and between the City of Cape
Girardeau , Missouri , a Municipal Corporation of the State of
Missouri , hereinafter called "LESSOR", Air Midwest, Incorporated ,
a corporation organized and existing under and by virtue of the
laws of the State of Kansas , and authorized to do business in the
State of Missouri , hereinafter called "LESSEE" ;
WITNESSETH :
WHER EAS , Lessor holds under lease with the power to grant
rights with respect thereto, the Airport, located in the City of
Cape Girardeau , Missouri; and
S�THEREAS , Lessee is engaged in the business of air
transportation with respect to persons , property and mail , and
desires to ot�tain the right and privilege of using certain of the
Lessor 's Airport facilities; and
WHEREAS , the Lessor is willing to grant to Lessee the right to
use certain of its Airport facilities;
NOW, THEREFORE, for and in consideration of the rents ,
covenants and agreements contained herein, and for other good and
valuable consideration, the parties hereto have mutually
covenanted and agreed, and do hereby mutually covenant and agree ,
each with the other , for the benefit of each other as follows:
ARTICLE I
Definitions
For the purpose of this Agreement:
1 . The term "Airport" means the Cape Girardeau Municipal
Airport located approximately two ( 2) miles South-Southwest of the
City of Cape Girardeau , including the Airport facilities .
2. The term "Airport Facilities " means the Airport, together
with all facilities , improvements , equipment, services and
appurtenances which have been or may hereafter from time to time
be provided thereat or in connection therewith , including, without
limiting the generality of the foregoing, the landing field,
runways , aprons , taxiways , sewerage and water facilities, flood,
landing marker and boundary lights and lighting facilities ,
signals , beacons , aids , roadways and approaches on, the Airport,
and all convenience for flying, landing and taking-off of aircraft .
3. The term "Airplanes", and the term "Aircraft" shall each
include airplanes and other aircraft .
4. The term "Air Transportation System" means any business
conducted for the purpose of transporting, in regularly scheduled
service between fixed points , persons , property and mail , or any
combination thereof, by aircraft .
5. The term "Scheduled Air Transport Operator" means a
person operating an air transportation system.
6 . The term "Federal Aviation Administration" means the
Federal Aviation Administration created by the Federal Government
under the Federal Aviation Act of 1958, as amended, or any other
agency or agencies of the Federal Government having from time to
time jurisdiction over the operations of airport and of scheduled
air transport operators .
7. The phrase "Term of this Agreement" shall mean the
original term and any renewal or extension thereof.
8 . The term "Persons" includes one or more individuals,
firms , corporations or other entities .
ARTICLE II
Grant of Rights With Respect to Airport Facilities
For the purpose of facilitating the operation at, to and from
the Airport of the air transportation system conducted by Lessee ,
Lessor does hereby grant to Lessee, and Lessee does hereby take
from Lessor , for and during the term of this Agreement, the right
and privilege, in common with others to whom similar rights and
privileges may be granted, and subject to rules and regulations
prescribed by the Airport Manager of Lessor , as hereinafter
provided in this Agreement to use the Airport facilities , or any
part thereof, for or in connection with the operation by Lessee of
an air transportation system and all activities incident thereto ,
including, without limiting the generality of the foregoing.
1 . The repairing, conditioning and towing by Lessee or
others of Lessee 's choice and the parking and temporary or
emergency storage by Lessee of its aircraft and other equipment
and the aircraft and equipment of other scheduled air
transportation operations in such spaces and such manner as may be
prescr ibed by the Airport Manager of Lessor .
2. The training, except primary flight training, by Lessee
of personnel in its employ or to be employed by it, the operation
by Lessee of courtesy and charter flights and the testing of its
aircraft and other equipment and the aircraft and equipment of
other scheduled air transport operators , it being understood that
such training and testing and courtesy and ctiarter flights shall
be incident to the operation of an air transportation system.
3. The occasional sale , disposal or exchange of Lessee 's
aircraft, engines accessories, gasoline, oil , greases, lubricants
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and other equipment or other fuel or supplies; provided that such
right shall not be construed as authorizing the conduct of a
separate business by Lessee, but shall permit Lessee to perform
such functions as an incident to its operation of an air
transportation system, and specifically, but without limitation ,
shall permit the sale or disposal of any article or goods used by,
or bought for use by, the Lessee in connection with its operation
of an air transportation system; and provided the Lessee shall not
sell gasoline , fuel , greases and other lubricants , except to a
subsidiary or affiliate company, or except when the same are of a
particular grade desired by others and not otherwise available at
the Airport .
4. The servicing by Lessee or others of Lessee 's choice at
locations designated by the Airport Manager of Lessor of its
aircraft and other equipment and the aircraft and equipment of
other scheduled air transport operators by truck (or otherwise as
permitted by the Airport Manager of Lessor ) with gasoline, oil,
greases and other fuel and lubr icants , and equipment and supplies;
provided that this paragraph shall not be deemed to permit the
sale , except as permitted by paragraph ( 3) of this Article II, of
gasoline, oil , greases or other fuel and lubricants .
5 . The landing, taking-off, taxiing, loading and unloading
by Lessee of its aircraft or other equipment and the aircraft and
equipment of other scheduled air transport operators .
6 . The loading and unloading of persons , property and mail
at the airport by such motor cars , buses , trucks or other means of
conveyance as Lessee may choose or require in the operation of its
air transportation system, with the right to designate the
particular carrier or carriers who shall or may transport to and
from the Airport, Lessee 's passengers and their baggage and
property to be carried or which have been carried on Lessee 's
aircraft .
7 . The installation, maintenance, and operation by Lessee of
radio, communications , meteorological and serial navigation
equipment and facilities in or on the premises occupied
exclusively by Lessee pursuant to this Agreement, and subject to
the approval of the Airport Manager of the Lessor in the interests
of safety and convenience of all concerned .
8 . The installation, maintenance and operation by Lessee
alone or in connection with any other scheduled air transport
operator or operators , or through a nominee, of inessage tube,
telephone, teletype or telemeter systems and air conditioning
units , subject to the approval of the Airport Manager of the
Lessor in the interests of safety and convenience of all concerned .
9 . The full , free and unrestricted access and ingress to,
and egress from, in common with others having such rights , the
Airport facilities , for Lessee, its employees, passengers, guests ,
patrons , invitees, suppliers of materials , and furnishers of
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service, its or their aircraft, equipment, vehicles, machinery and
other property.
ARTICLE III
Term of Agreement
This Agreement shall be in full force and effect for a period
of two ( 2) years commencing on May 1 , 1987 and ending April 30 ,
1989 unless sooner terminated or extended as hereinafter provided .
Beginning on May 1 , 1989 , this Agreement shall be
automatically renewed under the same terms and conditions for a
period of one (1 ) year and shall renew itself automatically for
additional one (1 ) year periods unless one of the parties to this
Agreement gives notice of intention to terminate as provided
elsewhere herein .
ARTICLE IV
Airport Fees to be Paid by Lessee
Airline shall pay to City landing fee charges for revenue
landings for the preceding month at the rate of �. 48 per one
thousand (1 ,000) pounds of certified gross landing weight for each
landing. Lessee ' s local representative shall , within five ( 5)
days following the end of each calendar month , transmit to Lessor
a true report giving the data necessary (including actual revenue
trip arrivals by type of equipment and total number of enplaning
passengers for the month ) to calculate the amount of the fees and
charges as herein described ; and Lessor shall , following receipt
of such data, transmit to Lessee a statement of the rentals, fees
and charges incurred by Lessee during said month, and the same
shall be paid by Lessee within twenty ( 20) days after receipt of
such statement .
Airline shall include with its payment for landing fee charges
a copy of its applicable Monthly Landed Weight/Fee Report, showing
the basis for its landing fee charges .
Landing fee charges for other air transportation systems and
scheduled air transport operators who are not signatories to this
Agreement shall be at the rate of one hundred and fifty per cent
( 150�) of the landing fee rates established for the Lessee under
the terms of this agreement .
ARTICLE V
Maintenance and Operation by Lessor of Airport Facilities
Lessor agrees that it will use its best efforts , during the
term of this Agreement to maintain and keep the landing field,
runways , aprons , taxiways and Airport facilities in a safe,
workable , clean and sanitary condition and in good repair and free
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from obstructions , including such cleaning and removal of snow and
ice as is reasonably necessary to permit operations, as soon as it
is practicable for Lessor to do so , and maintain and operate the
Airport facilities in such a manner as to render the Airport
facilities suitable for use by the Lessee in its air
transportation operation . But Lessor shall not be liable to
Lessee for any loss of revenue to Lessee resulting from I�essor 's
acts , omissions or neglect in the maintenance and operation of the
Airport facilities .
ARTICLE VI
Rules and Regulations
Lessee agrees to observe and obey the rules and regulations
governing the conduct and operation of the Airport facilities
promulgated, from time to time, by Lessor . Said rules and
regulations or any of them shall not be inconsistent with safety
or conflict with rules and regulations now or hereafter in effect,
of any Federal or State Agency having jurisdiction with respect
hereto, nor inconsistent with the procedures prescribed or
approved from time to time by the Federal Aviation Administration
for landing and taking off at the Airport of airplanes of
scheduled air transport operators , and if such inconsistency does
arise , such rules and regulations shall be promptly amended by
Lessor so as to eliminate the inconsistency ; provided further ,
that until so amended, any rule or regulation inconsistent
therewith shall be deemed to have no force or effect . It is the
intent hereof that no rules and regulations shall be promulgated
hereunder which shall be inconsistent with or nullify any of the
rights and privileges expressly granted under this Agreement.
Lessee agrees that advertising signs of Lessee on the Airport
and the location thereof shall be subject to the approval of the
Airport Manager of Lessor .
ARTICLE VII
Procurement of Suppliers
Lessee, in connection with the exercise by it of any of the
rights and powers granted to it hereunder shall have the full
right to procure at the Airport, or elsewhere, all supplies and
products from any person of its own choice , and no charges, fees
or tolls of any kind, shall be charged by Lessor , directly or
indirectly, against Lessee for any right or privilege granted to
Lessee by this Agreement, or against its furnishers of service or
supplies .
ARTICLE VIII
Right of Lessee to Remove Property
Lessee shall be, entitled durin the term of this Agreement and
for a reasonable time after its �ermination, to remove from the
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Airport or any part thereof, all aircraft, tools , machinery,
equipment and trade fixtures placed , installed or constructed
thereon by it ; provided, however , that all buildings from which
any property is so removed shall be restored by Lessee in such
manner that such buildings are not materially damaged.
ARTICLE IX
Rental of Space in Terminal Building
Lessor hereby demises and leases to Lessee, for a term
coextensive with the term of this Agreement, the exclusive use for
such purpose as Lessee may desire to make thereof in connection
with, or incidental to , its operations of Six Hundred Forty ( 640)
square feet of office and ticket counter space in the Terminal
Building at the Airport .
Lessor also hereby demises and leases to Lessee, for a term
coextensive with the term of this Agreement, for the use of
Lessee, its employees, passengers, guests , patrons and invitees in
common with others , of all public space in the Terminal Building
or any addition thereto, including without limiting the generality
hereof, its lobby, waiting rooms , hallways , restrooms and other
public and passenger conveniences . The Six Hundred Forty ( 640)
square feet herein demised to Lessee for its exclusive use may be
used by Lessee for ticket office, operations purposes, and for
such other related purposes as are necessary in the conduct of its
air transportation system.
Lessee, at its own expense , may from time to time repair ,
alter and improve , all or any part of the space in the Terminal
Building demised to Lessee for its exclusive use , including,
without limiting the generality of the foregoing, the installation
of partitions , counters , fixtures, and other equipment and
improvements in such space; provided only that any such repair ,
alterations or improvements shall reasonably conform to the
general interior architectural design of the Terminal Building,
and shall not unreasonably interfere with, nor endanger Lessor 's
interest in the Terminal Building. Lessor agrees during the term
of this Agreement to maintain and keep the premises herein leased
in good condition and repair , to provide and supply adequate heat,
water , electricity for lighting, air conditioning and janitor
service for the public space and Lessee ' s exclusive space in the
Terminal Building. Anything in this Agreement to the contrary
notwithstanding, in addition to the airport fees provided for in
Article IV, Lessee agrees to pay Lessor for the use of the
premises, facilities , rights , licenses , services and privileges
granted hereunder the sum of Two Hundred Eighty Dollars and
Fifty-Three Cents (�280 . 53) per month, to be paid at the end of
each calendar month . Upon acceptance by Lessee of space in any
new or different Terminal Building, it may at its option ,
terminate its rights and obligations with respect to the office
space then being leased by giving Lessor thirty ( 30) days written
notice .
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Lessee hereby expressly agrees that none of its employees or
agents shall prepare or cook food on the premises herein demised
during the term hereof.
ARTICLE X
Indemnity
Lessee agrees that it will , at its own expense , keep in force
insurance policies in standard form issued by a company or
companies of sound and adequate financial responsibility covering
any accident arising from Lessee ' s use and o�cupancy of and
operations at the Airport under any circumstance except when
caused by Lessor ' s sole negligence or by the joint negligence of
Lessor and any person other than Lessee.
Lessee agrees to keep in force General Liability Insurance
which will contain liability limits of �800,000, 00 for personal
injury to or death to any person or for damage to property in any
one occurrence. Lessee agrees to keep in force current
Certificates of Insurance which will be kept on file in the City
Clerk 's office of the City of Cape Girardeau, Missouri , which
Certificates will state that the insurance company agrees to
notify the City of any changes or cancellation of the policy.
ARTICLE XI
Abatement of Rentals
No abatement shall be made of any rentals for any cause under
the provisions of this Agreement unless the premises in the
Terminal Building demised hereunder to Lessee shall be rendered
untenantable without any fault or neglect on the part of Lessee,
its servants or employees, in which event the rentals for said
premises shall abate on a per diem basis until such time as such
premises are rendered tentable , but if other comparable space in
the Terminal Building, or in any other building of Lessor is
occupied by Lessee for Terminal Building purposes pending
restoration of the premises in the Terminal Building demised
hereunto to Lessee, Lessee shall pay rental for such space at the
same rate per annum per square foot as is then required to be paid
by Lessee for space in the Terminal Building under Article IX of
this Agreement.
ARTICLE XII
Conformity of Leases
Lessor agrees not to enter into any lease , contract or
agreement with any other scheduled air transport operator
designated by the Federal Aviation Administration as a local
service airline with respect to the rights and privileges accorded
Lessee hereunder containing more favorable terms than this
Agreement, or to grant to any other scheduled air transport
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operator designated by the Federal Aviation Administration as a
local service airline rights or privileges with respect thereto
which are not accorded to Lessee hereunder , unless the same right,
privileges and more favorable terms are concurrently and
automatically made available to Lessee; provided that nothing
herein contained shall prevent the charging by Lessor to other
scheduled transport operators of rentals for exclusive space in
the Terminal Building not presently demised by this Agreement
differing from the rentals charged to Lessee .
ARTICLE XIII
Termination by Lessor
In case of the happening of one or more of the following
events:
A. Lessee shall voluntarily abandon the business of
transporting, in regularly scheduled service to and from the
airport, persons , property and mail , by aircraft for a period of
thirty ( 30) days; or
B. Default shall be made by Lessee in the observance or
performance of any covenant or agreement herein required to be
kept or performed by it, and such default shall continue for a
period of thirty ( 30) days after written notice specifying such
default shall have been given by Lessor to Lessee;
then, and in any such event and during the continuance of such
event Lessor may, upon ten (10) days written notice, terminate
this Agreement .
C. Lessor may terminate this Lease Agreement for any reason
upon sixty ( 60) days written notice of Lessee .
Upon termination of this Agreement, Lessor may relet the space
in the Terminal Building herein demised . Acceptance by Lessor of
rentals and Airport fees after the right to terminate this
Agreement accrues shall not be deemed a waiver of such right to
terminate.
Upon termination of this Agreement, Lessee 's right to use the
Airport facilities thereupon shall terminate and Lessee agrees to
surrender such rights immediately, without the receipt of any
demand for rent , notice to quit or demand for possession
whatsoever .
ARTICLE XIV
Termination by Lessee
In case of the happening of any one or more of the following
events:
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A. Any court of competent jurisdiction shall issue an
injunction in any way preventing or restraining the use of the
Airport or the Airport facilities or any substantial part or parts
of any thereof, to such an extent as to interfere materially with
the operation by the Lessee of an air transportation system, to
and from, or at the Airport, and such injunction shall remain in
force (not stayed by way of appeal or otherwise ) for a period of
ninety ( 90) days ;
B. The Lessee shall be unable to use the Airport for the
conduct of an air transportation system for a period of ninety
( 90) days , due to any law or executive order , rule or regulation
of any appropriate governmental authority affecting the airport ,
or to war , bombardment, power or drainage failure, earthquake or
other casualty ;
C. The United States Government or any authorized agency
thereof shall occupy the Airport or the Airport facilities, or any
substantial part or parts thereof, to such an extent as to
interfere materially with the operation by the Lessee of an air
transportation system, to, from or at the Airport for a period of
ninety ( 90) days;
D. Default shall be made by Lessor in the observance or
performance of any covenant or agreement herein required to be
kept or performed by it, and such default shall continue for a
period of thirty ( 30) days after written notice specifying such
default shall have been given by Lessee to Lessor ;
E. The termination, suspension or revocation by the United
States Government or any authorized agency of the Government of
the Lessee ' s Certificate of Public Convenience and Necessity
either in its entirety, or as said Certificate pertains to the
point Cape Girardeau , Missouri ; then, and in any such event and
during the continuance of such event the Lessee may, upon ten (10)
days written notice , terminate this Agreement.
F. Lessee may terminate this Lease Agreement for any reason
upon sixty ( 60) days written notice to Lessor .
ARTICLE XV
Miscellaneous
1 . Assignment. Lessee shall not assign this Agreement, or
any of its rights hereunder , nor sublet the premises or any part
thereof demised hereby to any person without the written consent
of the Lessor first had and obtained ; provided that the foregoing
shall not prevent the assignment of this Agreement to any
corporation , with which the Lessee may merge or consolidate , or
which may succeed to the business of Lessee .
In addition, Lessee may assign this Agreement or any of
its rights hereunder or sublet the premises or any part thereof to
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any scheduled air transport operator in case of the happening of
the following events , or either of them:
A. The Federal Aviation Administration shall fail to
refuse to grant or continu� to grant to Lessee the right to
operate as an air transportation system to, from, or at the
airport and such failure to refusal shall continue for a period of
ninety ( 90) days ;
B. The Federal Government shall terminate the
obligations to it of, or the rights granted by it to (whether such
obligations or rights are imposed by contract or otherwise ) the
Lessee for the carriage of United States air mail to, from or
through the Cape Girardeau , Missouri, area and its environs , or
shall change such rights or obligations so as materially and
adversely to affect the Lessee;
Provided that Lessee notwithstanding such assignment and
subletting shall be and remain principally liable to Lessor for
the observance and performance of all covenants and agreements
herein required to be kept or performed by Lessee , and provided
further that such assignment and subletting shall not be deemed as
a consent of Lessor to any further assignment or subletting nor as
a waiver of the requirement of the consent of Lessor to any
assignment or subletting other than upon the conditions herein set
forth .
?_. No waiver of default . No action whatsoever , except an
express written waiver , shall be construed to be or act as a
waiver by Lessor or Lessee of any default by the other in the
performance of any of the terms, c:ovenants or conditions hereof to
be performed, kept and observed by it . No express written waiver
by Lessor or Lessee shall be construed to be or act as a waiver of
any subsequent default by the other in the performance of any of
the terms, covenants and agreements hereof to be performed, kept
and observed by it.
3, Remedies are cumulative. The rights and remedies hereby
created are cumulative and the use of one remedy shall not be
taken to exclude or waive the right to the use of another .
4. Successors and assigns . All of the covenants ,
stipulations and agreements in this Agreement shall extend to and
bind the successors and assigns of the respective parties hereto.
5 . Notices . Notices to the Lessor provided for herein shall
be sent by registered mail , postage prepaid addressed to:
City Manager
City Hall
401 Independence Street
P. 0. Box 617
Cape Girardeau , MO 63701;
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and notices to Lessee provided for herein shall be sent by
registered mail , postage prepaid , addressed to Lessee:
Air Midwest, Incorporated
P. 0. Box 7724
Mid-Continent Airport
Witchita, Kansas 67277
or in either case , to such other respective addresses as the
parties hereto may designate in writing from time to time and such
notices shall be deemed to have been given when so sent.
6 . Separability . It is further expressly understood and
agreed by and between the parties hereto that in the event any
covenant , condition or provision herein contained is held to be
invalid by any court of competent jurisdiction, the invalidity of
any such covenant , condition or provision shall in no way affect
any other covenant, condition or provision herein contained;
provided, however , that the invalidity of any such covenant,
condition or provision does not materially prejudice either Lessor
or Lessee in their respective rights and obligations contained in
the valid covenants , conditions or provisions in this Agreement.
7 . Headings . The article and paragraph headings contained
in this Agreement are inserted solely as a matter of convenience
and for reference and in no way define, limit or describe the
scope or intent of any provisions of this Agreement.
8 . Laws of Missouri shall govern. This Agreement shall be
deemed to have been made in, and shall be construed in accordance
with the laws of the State of Missouri .
9 . Counterparts . This Agreement has been executed in
several counterparts each of which shall be and shall be taken to
be an original , and all collectively but one instrument.
10 . The Lessee will not , o n 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 Transportation.
The Lessor reserves the right to take such action as the United
States Government directs to enforce this covenant.
11 . The Lessee , for itself, its successors in interest, and
assigns , as a part of the consideration hereof, does hereby
covenant and agree as a covenant running with the land that in the
event facilities are constructed , maintained, or otherwise
operated on the said property described in this lease, for a
purpose for which a Department of Transportation program or
activity is extended or for any other purpose involving the
provision of similar services or benefits , the Lessee , shall
maintain and operate such facilities and services in compliance
with all other requirements imposed pursuant to 49 CFR Part 21,
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Nondiscrimination in Federally Assisted Programs of the Department
of Transportation , as said Regulations may be amended .
12. The Lessee for its successors in interest, and assigns,
as a part of the consideration hereof, does hereby covenant and
agree as a covenant running with the land that: ( 1 ) no person on
the grounds of race , color , or national origin shall be excluded
from participation in, denied the benefits of, or be otherwise
subject to discrimination in the use of said facilities , ( 2) that
in the construction of any improvements on, over , or under such
land and the furnishing of services thereon, no person on the
grounds of race, color , or national origin shall be excluded from
participation in, denied the benefits of, or otherwise be subject
to discrimination, ( 3) that the Lessee shall use the premises in
compliance with all other requirements imposed by or pursuant to
49 CFR Part 21, Nondiscrimination in Federally Assisted Programs
of the Department of Transportation, as said Regulations may be
amended.
13. The Lessee assures that it will undertake an affirmative
action program as required by 15 CFR Part 152, Subpart E, to
insure that no person shall on the grounds of race, creed, color ,
national origin, or sex be excluded from participating in any
employment activities covered by 14 CFR Part 152, Su bpart E. The
Lessee assures that no person shall be excluded on these grounds
from participating in or receiving the services or benefits of any
program or activity covered by this subpart. The Lessee assures
that it will require that its covered suborganizations provide
assurances to the Lessee that they similarly will undertake
affirmative action programs and that they will require assurances
from their suborganizations , as required by 14 CFR Part 152,
Su bpart E, to the same effect .
14 . It is understood and agreed that nothing herein contained
shall be construed to grant or authorize the granting of any
exclusive right within the meaning of Section 308 of the Federal
Aviation Act of 1958 .
15 . 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
nondiscriminatory discounts , rebates , or other similar types of
price reduction to volume purchasers .
16 . Approvals . Whenever this Agreement calls for approval by
Lessor , Manager or Airport Authority, su ch approval shall be
evidenced by the written approval of the Lessor , Manager or
Airport Authority or designee . Any approval required by either
party to this Agreement shall not be unreasonably withheld or
delayed .
IPd WITNESS WHEREOF, the City of Cape Girardeau , Missouri , has
caused this Agreement to be executed on its behalf by its City
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Manager , Gary A. Eide and Air Midwest, Incorporated has caused
this instrument to be executed on its behalf by its President,
Gary M. Adamson, and its corporate seal to be hereunto affixed and
attested by its Secretary, pursuant to due authorization of its
Board of Directors all as of the da y and year first a bove written .
CITY OF CAPE GIRARDEAU, MISSOURI
Gary A. Eide, City Manager
ATT EST :
Alvin M. Stoverink, City Clerk
AIR M IDWES T, IN COR PORATED
Gary M. Adamson
Executive Vice President
ATTEST :
Donna M. Schmidt, Secretary
STATE OF MISSOURI )
) ss .
COUNTY OF CAPE GIRARDEAU )
On this day of , 198 , before me appeared
Gary A. Eide , 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 , an d
that the seal affixed to the foregoing instrument is the seal of
said City and that the said instrument was signed and sealed in
behalf of said City by authority of its City Council and
acknowledged said instrument to be the free act and deed of said
City.
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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 .
Delores G. Needham, Notary Public
My Commission Expires:
October 8 , 1988
STATE OF )
) ss .
COUNTY OF )
On this day of , 198 , before me
appeared Gary M. Adamson, to me personally known, who being by
me duly sworn , did say that he is the President of Air Midwest,
Incorporated , a corporation of the State of Kansas , authorized
to do business in the State of Missouri , and that the seal
affixed to the foregoing instrument is the seal of said
corporation and that the said instrument was signed and sealed
in behalf of said corporation by authority of its Board of
Directors and acknowledged said instrument to be the free act
and deed of said corporation.
It� TESTIMONY WHEREOF, I have hereunto set my hand and
affixed my official seal , the day and year first above written .
Typed Name of Notary Public
My Commission Expires:
-14-