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HomeMy WebLinkAboutAirport.Agenda.12-17-1992AGENDA CAPE GIRARDEAU AIRPORT ADVISORY BOARD SPECIAL MEETING THURSDAY DECEMBER 17, 1992, 4:30 P.M. PILOT'S CLUB I. Call to order. II. Approval of minutes of December 8, 1992, meeting. III. Discussion of Cape Girardeau Aircraft Owners & Pilots Club land lease. IV. Miscellaneous Matters. V. Adjourn. The Airport Board of the City of Cape Girardeau, Missouri, may as a part of a study session or regular or special Airport Board meeting hold a closed session to discuss legal actions, causes of legal action or litigation, leasing, purchasing or sale of real estate, hiring, firing, promotion of personnel or employee labor relations. RECD DEG 0 - 1992 AIRPORTS OIVISIOV .� F=30E?AL AV !A71 7N AOMI9 IST R AT IJN FEDERAL3U IL CLNG♦ 501 °AST 12TH STPE°T KANSAS CITY. MO 64105 TELcPHCNF: 316-426-5279 CAP° SI RAgJEAU MUNICIPAL AIRPORT CITY YAN4:iE2 401 INOEPENCENCE CITY HALL CAPE 6IRAP7EAU, MO 63701 NDTICE TJ AIRPOPT SPONSJRS In accordance with the Airport and Airway Safety and Capacity Expansion Act of 1937 (P.L. 100-223), revenue passenger enplanemants are used to detar- mine the amount of entitlement funds apportioned to each -eligible primary airport sponsor' under the FAA Airoart Improvement Program (AIP). This rw. apportionment of funds for Fiscal Year 1993 shall ae made on or after Cctober 1. 1992 and shall be based on the total number of revenue passen- gers enplaned at commercial service airports during calendar year 1991. The OOT/Research and Special Programs Administration (;SPA) Volpe National Transportation Systems Center (VNTSC) and the FAA have compiled final enplanement data covering calendar year 1991 for your airport. The enclosed report lists enplaned passengers at your airport for CY91 reported to the Department of Transportation oy certificated route air carriers, commuter carriers, air taxi operators, and fo-aign flag carriers. These final anplanement figures are furnished to you far information purposas only: that ist no response is required. Large certificated air carriers and foreign flag carriers, including Canadi=_n flag carriers, are required to file traffic data to the RSPA on T-100 or T -100(f) reports. The T-100 international air traffic markat data are considered confidential for three years following the reporting period. Regulations rastrict the release of industry and carrier summary level on -flight market or non-stop segment data to those instances where three or more carriers are represented in the summary. We will not delineate individual foreign air carrier's enplanements under any circumstances. 3asad on a study of July ano August 1990 T -100/T -100(f) data, U.S. airports fall into tiraa L� =--------------------- 1 I I CAPE GIRARDEAU MUNI �----------------------- r.. ----------------------------------------= CSI I I CAPE GIRAROEAU, MO I SCURC E. OCT /VNTSC CY 1991 ACAIS DATA ?AS E DATE: Octobar 14, 199: °NPLANEMENTS BY INDIVIDUAL CARRIERS FOR CALENCAR YEAR 1991 /--------CARRIER NAME--------\ /---------- ENRLAN°MINTS----------\ DOMESTIC INTL TOTAL --------- ---------- ---------- ATCJ - AIR TAXI/OGMMSRCIAL 'DP ERATCPS FILING FAA F31M 1300-31. AMERICAN AIR SERVICES INC . . . . . . . 357 0 357 CAPE CENTRAL AIRWAYS INC. . . . . . . . 21855 9 2135i DOWNTOWN AIR SERVICE INC. . . . . . . 0 Pn EMTER AIR CENTER INC. . . . . . . . . 15 0 15 ATCJ TOTAL (CGI) . . . . . . . . . . 3,731 0 31731 CAC -COMMUTERS OR SMALL CERTIFICATED AIR CARRIERS PILING JOT FORM 298-C SCHEDULE T1 OP E1. AIR MIDWEST INC . . . . . . . . . . . . 744 3 74. CCMAIR, INC .. . . . . . . . . . . . . . 45 J 45 RESORT AIR . . . . . . . . . . . . . . . 617 J 617 CAC TOTAL (CGI) . . . . . . . . . . 1.406 0 114^1 CRAC - LARGE C=RTIFICATEO ROUTE AiR CARRIERS FILING RSPA FORM T-100. TRAN STATES AIRLINES. . . . . . . . . . 31795 0 3.791 CRAG TOTAL (CGI) . . . . . . . . . . 3.793 0 3.79a TOTAL FOR THIS AIRPORT (CGI) 9.933 0 8.933 categories of disclosure. as follows: o Category I — Full Disclosure: The Department may release enclanement data broken down by domestic v. versus international service at the airport level. DDT will reveal the foreign flag carriers contributing to the airport's international servic±. without specific individual foreign airline enplanaments. Specific U.S. carrier enplanewents will be listed. o Category II — Partial Disclosure: DDT may divulge airport enolanements broken down by international versus domestic service. _Individual airline level detail is restricted to total system enplanements without international versus domestic service detail. DDT will reveal the foreign flag carriers contributing to the airport's international service, witnout specific individual foreign airline enclanem ants. o Category III — No Disclosure: DDT may not divulge international air traffic data at either the airport or air carrier level. Ue will combine total enolanaments from both U.S. certificated route air carriers and foreign flag air carriers serving both domestic and international markets. DDT will reveal the U.S. and foreign flag carriers that contribute to the combined total. In order to comply with the new confidentiality requirements, the enclosed validation report reflects the airport's apornpriate disclosure category as described above. AIRPORT LAND LEASE This Agreement, made and entered into this day of , 19 by and between the City of Cape Girardeau, Missouri, a Municipal Corporation, hereinafter called "Lessor," and Cape Girardeau Aircraft Owners and Pilots Club, a not for profit organization existing under the laws of the State of Missouri, hereinafter referred to as "Lessee." For and in consideration of the mutual covenants, terms and conditions container herein, the parties agree as follows: SECTION 1. PRENIISES. Lessor hereby leases to Lessee the following described property: LEASE PARCEL NUMBER 4 Commencing at the Southeast corner of the West well house; thence East 60 feet; thence South 20 feet to the point of beginning; thence South 60 feet; thence East 140 feet; thence North 60 feet; thence West 140 feet to the point of beginning. Lease Parcel Number is depicted on Exhibit 1, attached hereto and incorporated herein by reference. SECTION 2. TERM. The original term of this agreement shall commence on the 1st day of January, 1992, and shall expire on the 31st day of December, 2003. Lessee shall have the option to renew this lease on the same terms and conditions for two (2) additional terms of five (5) years each by serving written notice of its election to renew upon the Lessor at least ninety (90) days prior to the expiration of the original term or extended term. The Lessor retains the right to relocate, at Lessors expense, the building should a viable commercial operator be desirous of this location. SECTION 3. RENTAL. Lessee shall pay Lessor the rental amount of One dollar per year for the term of this Lease. For renewal hereof, the same rental amount shall be used. All payments are to be made at the office of the City Collector of the City of Cape Girardeau or at such other place as Lessor may direct. SECTION 4. USE OF THE PRENHSES. The premises shall be used as a club house and not a commercial operation. The club house can be used for club meetings, social events, and fund raisers for aviation oriented causes. Lessee shall not use or permit the use of all or any v. portion of the leased premises in any other manner than herein set forth without the prior written consent of Lessor. SECTION 5. UTILITIES. Lessee shall assume and pay for all costs and charges for utility services furnished to Lessee during the term of this Lease, and Lessee shall have the right to connect to any and all storm and sanitary sewers and water and utility outlets at its own cost and expense, and Lessee shall pay for any and all service charges incurred therefor. -2- SECTION 6. CUSTODIAL SERVICES. Lessee agrees to provide the necessary materials, equipment and labor to provide all necessary janitorial and custodial services and to maintain the premises in a clean, safe, orderly and sanitary condition. Lessee shall provide a complete and proper arrangement for the adequate sanitary handling and disposal of all trash and other refuse caused by its operations under this Lease. SECTION 7. MAINTENANCE AND REPAIR. Lessee shall, at its sole cost and expense, keep and maintain the demised premises, all improvements, additions or alterations thereto, equipment and landscaping constructed or installed by Lessee upon the demised premises, in first class condition, which condition shall at all times be based on a standard of care reflecting prudent property management, reasonable wear and tear excepted. SECTION 8. INGRESS AND EGRESS. Lessor shall provide a right of ingress and egress to the demised premises for the Lessee, its officers, employees and agents. SECTION 9. IMPROVEMENTS. In the event Lessee desires to construct buildings or facilities on the demised premises, Lessee shall submit to Lessor final plans, specifications and architectural renderings prepared by registered architects and engineers. Lessee shall hold the Lessor harmless and reimburse it for any and all expense of any -3- nature whatsoever arising out of any claim form said improvements. Lessee agrees not to construct any buildings or facilities on the demised premises without the prior written consent of Lessor; however, such approval shall not be unreasonably withheld. Lessee shall keep the real estate leased hereunder free and clear of any and all liens or encumbrances of any kind in any way arising out of any such construction. In the event any buildings or facilities constructed upon the demised premises are totally destroyed by fire or other casualty loss, Lessee shall have the option of either restoring the buildings or facilities and continuing under the terms of this Lease or terminating this Lease as hereinafter provided including the removal of damaged property or structure within 30 days. At the termination of this Lease for any reason, except as hereinbefore provided, Lessor may retain as its sole property all real property improvements which have been constructed by Lessee. Upon termination of this Lease, Lessee shall remove all personal property from the demised premises within thirty (30) days, and if Lessee fails to remove said personal property within that time, said property shall be forfeited to Lessor and may be removed by Lessor at Lessee's expense. Further, upon termination of this Lease for any reason, Lessor shall have a lien upon and against all of Lessee's property, real and personal, and located on the leased premises, for any sums due Lessor from Lessee. SECTION 10. RIGHT OF ENTRY. .� Lessor shall have at all reasonable times during business hours the full and unrestricted right to enter the leased premises for the purpose of inspection and for the purpose of doing any and all things which it is obligated or has a right to do under this agreement or by law. SECTION 11. TAXES. Lessee shall pay all personal property taxes which may be assessed against equipment, merchandise or other personal property owned or used by Lessee located on the demised premises. SECTION 12. REHABILITATION ACT REQUIREMENTS. Lessee shall operate and maintain its facilities in accordance with the requirements of Section 504 of the Rehabilitation Act of 1973 (29 S.C. 794) and will assure that no qualified handicapped person shall, solely by reason of his or her handicap, be excluded from participation in, be denied the benefits of, or otherwise be subject to discrimination, including discrimination in employment under any program or activity that receives funds or benefits from a Federal Grant. Lessee further assures that it shall comply with the requirements imposed by or pursuant to 49 C.F.R., Part 27. SECTION 13. NON DISCRINIINATION. Lessee shall not, on the grounds of race, color, creed 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 of the Regulations of the -5- Office of the Secretary of Transportation in the use of the leased premises. Lessor reserves the right to take such action as the United States Government may direct to enforce this covenant. SECTION 14. ASSIGNMENT AND SUBLEASE. Lessee shall not assign this Lease or sublease any portion of the demised premises. SECTION 15. NO WAIVER OF FUTURE BREACH. The failure of Lessor or Lessee to insist, in any one or more instances, on a strict performance of any of the terms of the conditions of this Lease, or to exercise any right herein contained, shall not be construed as a future waiver or a relinquishment of the provisions or right, but the same shall continue and remain in full force and effect. The receipt by Lessor of rent with knowledge of the breach of any term or condition hereof shall not be deemed a waiver of the breach, and no waiver by Lessor of any provision hereof shall be deemed to have been made unless expressed in writing and signed by Lessor. Should Lessor at some time consent to an assignment of this Lease or to a sublease of the whole or any part of the demised premises, no further assignment and no further sublease shall be made without the express consent in writing by Lessor. None of the terms or conditions of this Lease shall be altered, wavered, or modified in any manner except by written instrument executed by both parties. SECTION 16. INDEMNIFICATION. Lessee agrees to indemnify, defend and hold harmless the Lessor from all claims, actions, suits and demands because of bodily injury, including death, and because of damages to property or losses which may arise out of or result from Lessee's operations or use of the demised premises whether such operations or use are by Lessee, its agent, employee or anyone directly or indirectly employed by Lessee. Lessee shall procure and maintain in effect for the term of this Lease liability insurance in an amount not less than $1,000,000.00 for one person and $800,000.00 for any one occurrence involving injury, including death, to more than one person, with property damage insurance of no less than $1,000,000.00 for any one occurrence. SECTION 17. LESSEE'S RIGHT OF TERMINATION. Lessee shall have the right to terminate this Lease upon the happening of one or more of the following events: A. The permanent abandonment of the Airport. B. The lawful assumption by the United States Government, or any authorized agency thereof, of the operation, control or use of the Airport, or any substantial part thereof, in such a manner as to substantially restrict Lessee's use of the premises for a period of forty-five (45) days. C. Issuance by any court of competent jurisdiction of any injunction in any way preventing or restricting the use of the Airport, and the remaining in force of such injunction for a period of at least forty-five (45) days. D. The default by Lessor in the performance of any covenant or agreement herein required to be performed by Lessor, and the failure of Lessor to remedy such default for a -7- period of thirty (30) days after receipt from Lessee of written notice to remedy said default. Lessee may exercise the right of termination by written notice to Lessor at any time within thirty (30) days after any of the events mentioned in the preceding subparagraphs A through D above. SECTION 18. LESSOR'S RIGHT OF TERINU NATION. This Lease shall be subject to termination by Lessor upon the happening of any one or more of the following events: A_ Lessee shall be in arrears in the payment of rent for a period of thirty (30) days after the time such payment shall be due. B. Lessee shall make a general assignment for the benefit of creditors. C. Lessee shall file a voluntary, or have filed against it, an involuntary petition in bankruptcy provided such petition, whether voluntary or involuntary, shall not be dismissed within fifteen (15) days after it is filed. D. Lessee shall abandon the demised premises. E. Lessee shall discontinue it use of the premises for a period of thirty (30) days. F. Lessee shall default in the performance of any of the other covenants, agreements and conditions required to be kept and performed by Lessee, and such default continue for a period of thirty (30) days after receipt of written notice from Lessor of said default. G. Lessee shall loose or allow to become void the clubs T charter for any reason. Lessor may exercise the right of termination provided for herein by written notice to Lessee of its intention to terminate, and this Lease shall terminate ten (10) days after the date of such notice. In the event of termination, Lessor may take possession of the demised premises upon the effective date of said termination. Default under this Lease shall entitle Lessor to declare all remaining installments or rentals to be due and payable immediately, and in the event Lessor shall take possession of the demised premises, it may relet the same upon such terms and conditions as it shall deem appropriate, and any deficiency in the rental payment shall be and remain the obligation of the Lessee. SECTION 19. NOTICES. Any notice or other communication to Lessor or Lessee referred to in this Lease agreement shall be deemed validly given, served and delivered upon deposit in the United States mail, registered and with proper postage and registration fee prepaid, addressed as follows: LESSOR: City Clerk 401 Independence City Hall, P. O. Box 617 Cape Girardeau, MO 63702-0617 LESSEE: Cape Girardeau Aircraft Owners and Pilots Club 325 South Kingshighway Cape Girardeau, MO 63701 SECTION 20. PARTIES BOUND. All of the terms, covenants and conditions herein contained shall be binding upon and shall inure to the benefit of the parties, their successors, heirs, executors, administrators and assigns. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed as of the day and year first above written at Cape Girardeau, Missouri. CITY OF CAPE GIRARDEAU, MISSOURI ATTEST: J. Ronald Fischer, City Manager Gayle Conrad, Deputy City Clerk ATTEST: [Typed Name of Secretary] CAPE GIRARDEAU AIRCRAFT OWNERS AND PILOTS CLUB [Typed Name of -10- t f 233 4,� t t X +33.31 x f- 332. z 21.0 938.7 z 333.7 334.3 x .a I / . 334.8 '_ 323.2 x X 334.7 x x 333.7 x x 333.7 x 1� 333.? \ 394.1 1 \ f8O \\\ T-FIANGAR AREA PARCEL NO -3 334. x x ( �I x ( 333.8 (934.b x ( x` PARKING x ( ( L ( I 335.3 r(Fq y I( 334.0 x ( J ( ! I x 1 PRRKING (� `( 2 336.6 1 339.7 _OPE RA7j u.H.' 333.5 . 2 334.3 234. x x Exki bit Nmi 2 CAPc GIRARDEAU 33.7 MUNICIPAL AIRPORT LEASES v V \ x 195.4 x 33 L FARM SITE 'ARCEL No -2' Eaa� x .3.4`4 ✓4^i \ x337. 1 Lr CAPE GIRARDE AU AIRCRAFT CWNERSt'PILOTSCLUB: PARCEL NO.14 a ,_ 0 337.1 337. ra os AREA xx SCALE: I'4200� Kent M. (3rarton .12•t592