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HomeMy WebLinkAboutAirport.Agenda.01-05-1993AGENDA CAPE GIR.IRDEAU AIRPORT ADVISORY BOARD JANUARY 5, 1993, 4:00 P.M. PILOT'S CLUB I. Call to order. II. Approval of minutes of December 17, 1992, meeting. III. Review of airport terminal building project. IV. Report on signage project. V. Miscellaneous Matters. VI. 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. L7 than 0,000 year low of ' ST1.0015 POST -DISPATCH BUSINESS • THURSDAY, DECEMBER 31, 1992 'a rowel The final everal n last year's close but the Index hit In August. !4.95, down more ahead of the six- cent!ve for lhem'l0 remain In the em-—paylheihonuseYVack ii Alley lad.w." ploy of the company, to work for the meet the performance objectives.' achievement of the company's strafe- One said the company does not Intend gle growth objectives and to align to make any payments early under the their interests with those of stockhold- See EMERSON, Page J' Judge OKs Deal To End TWA's Icahn Era . By Christopher Carey 01 the post -Dispatch Staff A U.S. bankruptcy judge approved a deal - Wednesday that will end the Carl Icahn era at Trans World Airlines Inc. and clear the way forthecarrier In emerge from bankruptcy. The deal between Icahn, TWA's unions and creditors and federal pension regula- tors calls for Icahn to step down as chair- man and relinquish his stock and other interests In the company. "Mr. Icahn will no longer be involved with TWA;" U.S. Bankruptcy Court Judge Helen Bolick said In approving the transfer of power. TWA's employees and creditors would gel all of the stock In the reorganized air. line in return for concessions on wages and the forgiveness of roughly $1 billion in debt Bill Compton, leader of TWA's pilots union, said the approval of the deal at a hearing in Wilmington, Del., marked "a historic day" for the airline. The next big day for TWA will be Monday or Tuesday — when all of the parties seal the deal and Icahn and his board of direc- tors step down. On the closing dale, Icahn also will give TWA the last $150 million of the $200 mil- lion he is lending the company to keep it in business long enough to complete Its reorganization. Robin Wilson and Glenn Zander, who have been running day-to-day operations at the behest of the Lnions and creditors, will serve as replacements for Icahn and the others. Workers at a TWA unit, Midcoasl Avia- tion, also got some unexpected news Wednesday. A provision of the deal that called for Icahn to buy Midcoasl — a St. Louis -based company that services and modifies corpo- rate jets and other aircraft — has been scrapped. "Instead, the company will be put up for auction, probably in February;" Compton I said. Inadditionto the aircraft work, Midcoasl I' runs Airport Terminal Services, which han- dles security, fueling and other jobs for commercial flights. TWA Is scheduled to submit its reorgani- zation plan to the court on Jan. 12, but several people involved in the case said the airline might need an extension of a few more weeks to finish the work. Post -Dispatch wire services contributed some information for this report. BILL NO. 92-284 RESOLUTION NO. �,. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AIRPORT LAND LEASE WITH THE CAPE GIRARDEAU AIRCRAFT OWNERS AND PILOTS CLUB AT THE CAPE GIRARDEAU MUNICIPAL AIRPORT BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City Manager, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute an Airport Land Lease with the Cape Girardeau Aircraft Owners and Pilots Club at the Cape Girardeau Municipal Airport. A copy of said Lease is attached to this Resolution and made a part hereof. PASSED AND ADOPTED THIS ra��=F DAY OF ne }xixr , 19�iL. rancis E. Rhodes, Mayor ATTEST: QL.0 �nrdc( aaylOL. Conrad, Deputy City Clerk 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 contained herein, the parties agree as follows: SECTION 1. PREMISES. 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, 1993, 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. 0 SECTION 3. RENTAL. r. 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 PREMISES. 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 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. 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 r 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, agents and members. 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 nature whatsoever arising out of any claim from 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 -3- 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, 1. 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. In case suit should be brought for recovery of the premises, or for any sum due hereunder, or because of any act which may arise out of the possession of the premises, the Lessor shall be entitled to all costs incurred in connection with such action, including a reasonable attorney's fee. -4 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 any and all taxes or other assessments or charges for which it is legally responsible. SECTION 12. REHABH,ITATION 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 DISCRDIE iATION. 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 Office of the Secretary of Transportation in the use of the leased *w -5- premises. Lessor reserves the right to take such action as the v.. 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 -6- 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. SECTION 17. INSURANCE. Lessee shall procure and maintain in effect for the term of this Lease liability insurance in an amount not less than $100,000.00 for injury or property damage for one person and $1,000,000.00 for any one occurrence involving injury, including death, to more than one person. City is to be named as coinsured on the policy. Lessee shall, at its own expense, maintain comprehensive general liability insurance for liabilities. Lessee shall maintain such insurance with companies acceptable to Lessor who will be named as an additional insured on said policies as their respective interests appear. Lessee shall supply to the Lessor a Certificate of Insurance indicating such coverage as agreed to. SECTION 18. LESSEE'S RIGHT OF TERNIINATION. 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. -7- 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 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 19. LESSOR'S RIGHT OF TERMINATION. This Lease shall be subject to termination by Lessor upon the ` happening of any one or more of the following events: A. In the event that any portion of the demised premises shall be needed for any airport purposes or use, the Lessor shall have the right to terminate this lease agreement with thirty (30) days notice to Lessee. In the event of such termination, Lessor shall relocate Lessee to a suitable location at Lessor's expense on the same terms and conditions as contained in this lease. B. 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. r -8- C. Lessee shall make a general assignment for the benefit of creditors. D. 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. E. Lessee shall abandon the demised premises. F. Lessee shall discontinue its use of the premises for a period of ninety (90) days. G. 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. H. Lessee shall lose or allow to become void the clubs 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 s -9- conditions as it shall deem appropriate, and any deficiency in the rental payment shall be and remain the obligation of the Lessee. SECTION 20. 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 21. 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. -10- 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 CAPE GIRARDEAU AIRCRAFT OWNERS AND PILOTS CLUB ATTEST: [Typed Name of Secretary] (Typed Name of -11- I� 5. \ \ 333.7 \\\ 3 33.7 - 334. 933.4.. x 3 337.3/\\ 934.t x 33 / 339- x \ F 8 O \ X -T-HANGAR AREA 333. / 31.1 \ PARCELNo•3 I / \ \ 4.3 4.6 1.9 x333.9I_ \\ \\ I i 3x3 938.9 X x _-- 335.2 387.9 1334,6 x %� f PARKING I L I 1 eJ 335.2 rl F3.3334.9xJPARKING334.5X- L�X.S. / 7 _. .. _._ .' 334.7 335.7 _ - - - - - x x933.9 ---------------- i e •3J \\\\\\\\\\\\\\\\\\\\moi": W.3. 333.3 z 334.3II 334.3 �� J333.3 V V � 1 33s.3 x x 333.4 x FAO _ FUEL FARM SITE -\� __ . 334.3x PARCEL N0.2 :5.41 - p«� Ux I 1 v�\J-7 �Zr CAPE GIRARDEAU AIRCRAFT ^^�J _- OWNERSPPILOTS CLUES: PARCEL N0.4 3 x337. FBO 337.1 £RATIONS AREA x PARCEL N0.1 Exkibit N..l CAPS GIRARDEAU MUNICIPAL AIRPORT LEASES 3 .9 SCALE: 1"=2001 Kent M. Brat- l2 -IS -92 JY MEMORANDUM TO: DOUGLAS K. LESLIE; FROM: MARK SEESING145 DATE: DECEMBER 28, 1992 SUBJECT: CCA - FUELING ISSUE Enclosed are communications dealing with the Fuel Farm inspections via the FAA and responses from Cape Central to the FAA on corrective actions. The FAA has inspected this facility several times in 1992 in addition to inspections performed by the Navy and Trans States Airlines. I have no correspondences on the Navy inspections but have enclosed the latest Trans States inspection on December 22. By lease, Cape Central is required to supply all services of a full service fixed base operation (Article I, Section B) and do it in observance of all Federal, State or local statutes, ordinances or regulations in effect (Article I Section C). Under Article 7, section C the Lessor can terminate the lease if the lessee fails to offer any of the services outlined in Article I, Section B and if they fail to maintain the licenses for all of the operations listed in the lease. I have contacted Mark Spatz on several occasions to see about what steps are underway to relocate the facility to a new location as required under his lease. Mr. Spatz advised me that he is working on the issue and has petitioned for an extension of the time frame of an additional 18 months for completion of the relocation. I have indicated that there may be a possible extension of 5 months, but there would not be an additional 18 months on top of the 12 months already stipulated in the lease. The FAA contacts Trans States each time they find discrepancies with the fuel system. In return, Trans States stops buying fuel until all of the FAA issues are rectified and each FAA inspector finds additional items to be corrected. Mr. Spatz has informed the FAA inspectors of the impending relocation and in certain areas the FAA has allowed some leeway. However, some of the items have been listed repeatedly and do need immediate attention. MJS:dsr January 1993 PRELIMINARY SPECIFICATIONS FOR AIRPORT RESTAURANT LEASE 1. Available April, 1993, five year base lease, 3,700 square feet kitchen/restaurant/lounge. 2. Full service food selection and/or buffet combination. 3. Minimum operating hours 6:00 a.m. or one-half hour before first commercial flight to 7:00 p.m. with snack service available until 10:00 p.m. or until the last commercial air flight seven days per week. 4. Lessee will pay all utilities and trash charges. 5. Lounge service operated per state and local codes with approved license. 6. Atmosphere: Aviation theme and decor either military or civilian, current or historic. 7. Seating: Minimum - 125 seats, 95 restaurant and 30 lounge, maximum - per local fire codes. r,. S. Compliance with all state and local health codes. 9. Supervisory employees must be available during open hours. Must be at least 21 years of age. 10. Will provide conference/meal facilities for 40; airport related meetings, i.e. Board, Pilot's Club, Civil Air Patrol. 11. Will provide fast food service for special events such as air shows, exercises, and fly ins. 12. Lessee will provide catering service for aircraft. 13. Lessee must provide all glassware, all cookware, all cooking utensils, all flatware, all linen, cash register, file cabinets, office equipment, buffet, soup and salad bar fixtures, signs, subject to approval by city, and wall decorations. 14. City will provide built in appliances, walk in cooler, vents, fire extinguishers, plumbed appliances, permanent bar fixtures, and floor and wall coverings. 15. Previous successful restaurant experience required, business plan, and evidence of financial backing. 16. Will consider separate and/or joint restaurant/lounge proposals.