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Home My WebLink AboutRES.296.12-07-1987 . � � � BILL NO. 87-219 RESOLUTION N0. �� ,� C'�� A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A LEASE AGREEMENT WITH DRURY SOUTHWEST SIGNS, INC. FOR SIGNS AT THE CAPE GIRARDEAU MUNCIPAL AIRPORT BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: SECTION 1 . The City Manager on behalf of the City of Cape Girardeau , Missouri , is hereby authorized to enter into a Lease Agreement with Drury Southwest Signs , Inc. for signs at the Cape Girardeau Municipal Airport . A copy of said Lease Agreement is attached to this Resolution and made a part l�ereof. �,�' ,/ /,' PASSED AND ADOPTED THIS /,��' DAY OF ' '' "�,� u�� 1987 . _ ... _� , � . �`,� Francis E. hodes , Mayor ATTEST: , , Alvin M. Stoverink , City Clerk LEASE AGREEMENT This Lease Agreement made and entered into this day of , 1987 , by and between the City of Cape Girardeau , Missouri , a P4unicipal Corporation, hereafter referred to as "Landlord" , and Drury Southwest Signs , Inc. , P. O. Box 1214 , Cape Girardeau, Missouri 63701 , hereafter referred to as "Tenant" . WITNESSETH : 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 make and enter into the followinq agreements : l . The Landlord agrees to provide to the Tenant a certain portion of real estate at the Cape Girardeau Municipal Airport for use by Tenant as locations for advertising signs . These locations are denominated as Location 1 and Location 2 on a map of the area denominated as Exhibit A, attached hereto and incorporated herein by reference . 7.. This Lease Agreement shall continue for a period of five ( 5 ) years beginning on the lst day of , 19 unless terminated as herein provided . The parties agree that this Lease Agreement is renewable after the initial five ( 5) year term subject to negotiations between the parties. 3. Tenant agrees to pay the sum of Two Thousand Dollars ( �2, 000 . 00) per year to Landlord in exchange for the right to use the two ( 2) locations denominated on Exhibit A. Payment shall be made in the sum of One Thousand Dollars ($1 , 000. 00) on the lst day of 19 and One Thousand Dollars ( $1 , 000 . 00) on the lst day of , 19 Successive payments of One Thousand Dollars ( 1 , 000 . 00) shall be due and payable on the lst day of and the lst day of of each calendar year thereafter for the entire term of this Lease for a total of Ten Thousand Dollars (�10 ,000. 00) over the five ( 5) year period . 4. The parties agree that the advertising signs to be placed by Tenant upon Landlord ' s property will comply with all requirements of Cape Girardeau City Ordinances pertaining to advertising signs . Attached hereto Exhibit B which is incorporated herein . Exhibit B shows the size , height and dimensions and type of construction to which Tenant will conform its advertising signs . The parties further agree that any alterations or repairs of said advertising signs will comply with the Ordinance of the City of Cape Girardeau, Missouri . 5. Tenant agrees that the construction and design of the advertising signs in question will comply with all Federal Aviation Administration rules and regulations and further that Tenant will comply with all such regulations before placing the advertising signs in their location. Tenant agrees that he will abide by all laws , provisions and requirements of Landlord, the State of Missouri or the United States Government or any agency thereof pertaining to the use and operation of said Airport . In the event a dispute should arise between the parties hereto as to whether a particular use made by Tenant is unsafe for aeronautical purposes, the rules and regulations of the Federal Aviation Administration shall be controlling in settling such dispute. Tenant agrees that his interest under the terms of this Lease Agreement is subject to FAA regulations . 6 . 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 without the express written permission of the Landlord. 7 . Landlord may terminate this Contract upon thirty ( 30) days written notice to 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 of the City of Cape Girardeau , the State of riissouri 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 notices remove its advertising signs and if Tenant fails and refuses to remove said advertising signs within the time allotted, then in that event the Landlord shall have the right to remove same and Tenant agrees to compensate Landlord for any expenses incurred by Landlord in removal of said advertising signs . In the event that FAA officials determine that the advertising signs in question are an aeronautical hazard, the parties agree that Tenant will immediately correct such hazard to the satisfaction of FAA officials and the parties agree that should Tenant fail to do so , that Landlord may immediately take whatever steps are necessary to alleviate the hazard and that in such event the thirty ( 30) day notice is expressly waived. The parties agree that in the event the Landlord must take steps to alleviate such a hazard, then Tenant will reimburse Landlord for whatever expenses are incurred in so doing. 8 . Tenant shall keep and hold harmless Landlord, its employees, agents, servants and assigns from and against any and all claims , demands , suits , judg�ents , 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 Tenant ' s use of land hereunder , or as a result of anything claimed to be done or omitted to be done by Tenant , his agents or employees hereunder . 9 . In the event that the United States Government or any of its �gencies shall occupy the Airport or any substantial part -2- thereof to such an extent as to materially interfere with Tenant 's use of the property as set out on Exhibit A or in the event of distruction by fire or other cause , all or a material portion of the Airport or Airport facilities or if Tenant 's operation and use of the space provided shall for any reason be materially interfered with for a period in excess of fifteen (15) days , then and in any of those events , Tenant shall have the right upon written notice to Landlord to terminate this Agreement and Tenant ' s further obligations hereunder or at its option to suspend this Agreement for the periods of such disability in which cases the payments normally due under this contract shall not be paid or payable for the period during which normal use of Tenant 's space is suspendea and Landlord shall return to Tenant any portion of rental fees which have been paid in advance for such period of suspension . 10. Tenant "Drury Soutlzwest Signs , Inc. " represents that it is a corporation organized and created by the laws of the State of Texas and that said corporation is in good standing in the State of Texas . Tenant represents and agrees that it is in compliance with all procedures for registration as a foreign corporation in the State of Missouri so that it is authorized and empowered by the laws of Missouri to do business in the State of Missouri . IN WITNESS WHEREOF, the parties have hereunto caused this instrument to be executed on the day and year first above written. CITY OF CAPE GIRARDEAU, P4ISSOURI Gary A. Eide, City Manager ATTEST : Alvin M. Stoverink , City Clerk DRURY SOUTHWEST SIGNS , INC. 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