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HomeMy WebLinkAboutRES.213.08-18-1986 r /'"� BILL NO. 86-133 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AIRPORT AND AIRPORT FACILITIES AGREF.MENT AND LEASE WITH EXPRESS AIRLINES I , INCORPORATED BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI , AS FOLL04�1S: SECTION 1 . The City Manager on behalf of the City of Cape Girardeau, Missouri , is hereby authorized to enter into an Airport and Airport Favilities Agreement and Lease with Express Airlines I , Incorporated. A copy of this agreement is attached to this resolution and made a part hereof . PASSED AND ADOPTED THIS � DAY OF , 1986 . ancis E. Rhodes , Mayor � ATTEST: Alvin M, toverink , City Clerk � AIRPORT AND AIRPORT FACII�ITIES � AGREEMENT AND LEASE THIS AGREEMENT made and entered into this day of , 1986 , by and between the Cit� Cape Girardeau , Missouri , a Municipal Corporation of the State of Missouri , nereinafter called "LESSOR" , and �xpress Airlines I , Incorporated, a corporation organized and existing under and by virtue of the laws of the State of Georgia, and authorized to do business in the State of Missouri , hereinafter called "LESSEE" ; [+IITNESSETH: 4JHEREAS, Lessor holds under lease with the power to grant rights with respect thereto, the Airport, located in the City of Cape Girardeau , Missouri ; and V7HEREAS, Lessee is engaged in the business of air transportation with respect to persons , property and mail , and desires to obtain 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 'nerein, 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 f^� 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 prescribed 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 -2- operation by Lessee of courtesy and charter flights and the ,r., 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 charter 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 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 lubricants , 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, busses , 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 � -3- 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 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 commencing on August 1 , 1986 and ending April 30 , 1987 unless sooner terminated or extended as hereinafter provided. � ARTICLE IV Airport Fees to be Paid by Lessee Airline shall pay to City within fifteen ( 15 ) days following the end of each calendar month, without demand or invoicing, landing fee charges for Revenue Landings for the preceding montr� at the rate of $. 55 per one thousand pounds of certificated gross landing weight for each landing. For purposes of this paragraph, the term "landing" shall include each scheduled landing, whether or not each landing is actually made . Non-signatory landing fee charges shall be 150� of the Signatory landing fee rate . 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 . 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 from obstructions, including such cleaning and removal of snow and ice as is reasonably necessary to permit operations, -4- 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 Lessor '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 . The Airport Manager before approving any display advertising signs of any Lessee on the Airport or the location thereof , shall consult and obtain the opinions of all other Airport Lessees with respect thereto. 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 . � -5- ARTICLE VIII �"� Right of Lessee to Remove Property Lessee shall be entitled during the term of this Agreement and for a reasonable time after its termination, to remove from the 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 tYie terrn 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-Four ( 644 ) 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-Four ( 644 ) 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, wate.r , 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 , -6- rights , licenses , services and privileges granted hereunder the ^ sum of Twenty-Four pollars and Twenty-Seven Cents ( $24 . 27 ) per month, to be paid at the end of each calendar month . This represents a base rent of Two Hundred Fifty-One Dollars and Sixteen Cents ($251 . 16 ) per month less Two Hundred Twenty-Six Dollars and Eighty-Nine Cents ( $226 .89 ) per month -- the amortized cost of improvements made by Lessee to the leased premises ) . 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. 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 to indemnify and hold Lessor harmless from and against all liabilities , judgments , costs , damages and expense which may accrue against, be charged to or recovered from Lessor by reason or on account of damage to the property of Lessor or the property of , injur_y to or death of any person, ,�. arising from Lessee 's use and occupancy of and operations at the Airport under any circumstances except when caused by Lessor 's sole negligence or by the joint negligence of Lessor and any person other than Lessee . 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 occupancy 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 -7- the Terminal Building demised hereunder to Lessee shall be i-., rendered untenantable in which event the rentals for such premises shall abate on a per diem basis until such time as such premises are rendered tenantable . 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 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 a,iy such event and during the continuance of such event Lessor may, upon ten ( 10 ) days written notice, terminate this Agreement . 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 tt�is Agreement accrues shall not be deemed a waiver of such ,.�, right to terminate . -8- 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 : 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 . � -9- ARTICLE XV n 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 any scheduled air transport operator in case of the happening of the following events , or either of them: A. Th� Federal Aviation Administration shall fail to refuse to grant or continue 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 . 2 . 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, covenants 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 „1 hereby created are cumulative and the use of one remedy shall -10- 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; and notices to Lessee provided for herein shall be sent by registered mail , postage prepaid , addressed to Lessee: 1777 Phoenix Parkway Suite 303 Atlanta , Georgia 30349 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 . -11- 10 . 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 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 , Nondiscrimination in Federally Assisted Programs of the Department of Transportation, as said Regulations may be amended. 12 . The Lessee for its , 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 , Subpart 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 , Subpart E, to the same effect . .-� -12- 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 . IN WITNESS WHEREOF, the City of Cape Girardeau, Missouri , has caused this Agreement to be executed on its behalf by its City Manager , Gary A. Eide and Express Airlines I , Incorporated has caused this instrument to be executed on its behalf by its President, , and its corporate seal to be hereunto affixed and attested y its Secretary, pursuant to due authorization of its Board of Directors all as of the day and year first above written . CITY OF CAPE GIRARDEAU, MISSOURI ,,.1 Gary A. Eide, City Manager ATTEST: Alvin M . Stoverink , City Clerk [Typed Name of PresidentJ ATTEST: [Typed Name of Secretary] � -13- STATE OF MISSOURI ) i-. ) s s . 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 , and 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. 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 Pu lic My Commission Expires : October 8 , 1988 ,••, STATE OF ) ) ss . COUNTY OF ) On this day of , 198 , before me appeared , to me personally known, who being by me duly sworn, did say that he is the President of Express Airlines I , Incorporated, a corporation of the State of Georgia , 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. IN 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-