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HomeMy WebLinkAboutRES.088.02-01-1984 . . . � � • BILL NO. 84-10 RESOLUTION NO. �6 � A RESOLUTION AUTHORIZING THE CITY MANAGER ON BEHALF OF THE CITY OF CAPE GIRARDEAU, MISSOURI TO ENTER INTO AN AMENDMENT TO THE AIRPORT AND AIRPORT FACILITIES AGREEMENT AND LEASE WITH BRITT AIRWAYS, INC. 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 an Amend- ment to the Airport and Airport Facilities Agreement and Lease with Britt Airways, Inc. A copy of this Agreement and Lease is attached to this Resolution and made a part hereof. PASSED AND ADOPTED THIS !�� DAY OF �. � � „� , 1984 . f��i►'7rU'�f.�� � G'�F-a-.�.� Howard C. Tooke, Mayor ATTES''i': � � �) * '..��i..-�.L�, ��..6Q_�____ Verna L. Landis, City Clerk . . ,y . AMENDMENT 1 TO AIRPORT AND AIRPORT FACILITIES AGREEMENT AND LEASE THIS AGREEMENT made and entered into this day of , 1984, by and between the City of Cape Girardeau, Missouri and Britt Airways, Inc. ; WITNESSETH: WHEREAS, Britt Airways, Inc. desires to rent additional space in the City of Cape Girardeau' s terminal building at the Municipal Airport; and WHEREAS, the City of Cape Girardeau is willing to grant to Britt Airways, Inc. the right to use such additional space; NOW, THEREFORE, for and in consideration of the additional rents contained herein, and for other good and valuable con- sideration, the parties hereto mutually covenant and agree that Article IX of the Airport and Airport Facilities Agreement and Lease entered into on the 30th day of August, 1983, by and be- tween the City of Cape Girardeau, Missouri and Britt Airways, Inc. is hereby revoked and replaced by the following Article IX: 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 con- nection with, or incidental to, its operations of Three Hundred and Eighty-Four (384) 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 Build- ing or any addition thereto, including, without limiting the generality hereof, its lobby, waiting rooms, hallways, restrooms and other public and passenger conveniences. The Three Hundred Eighty-Four (384) 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 �ts 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 installa- tion 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 pro- vided 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 Dollars ($200.00) per month, to be paid at the end of each calendar month. Upon acceptance by Lessee of space in any new or dif- ferent 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. 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 Britt Airways, Inc. has caused this instrument to be executed on its behalf by its President, William C. Britt, and its corporate seal to be hereunto affixed and attested by its Secretary, pursuant to due authorization of its Board of Director all as of the day and year first above written. CITY OF CAPE GIRARDEAU, MISSOURI ATTEST: Gary A. Eide, City Manager Verna L. Landis, City Clerk BRITT AIRWAYS, INC. ATTEST: William C. Britt, President Marilyn A. Britt, Secretary 2. 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, 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 se�t 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, 1984 STATE OF INDIANA ) ) ss. COUNTY OF VIGO ) On this day of , 1984 before me appeared William C. Britt, to me personally known, who being by me duly sworn, did say that he is the President of Britt Airways, Inc. , a corporation of the State of Delaware, 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 acknow- ledged said instrument to be the free act and deed of said cor- poration. 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: 3.