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HomeMy Public PortalAboutORD15081BILL NO. 2012 -137 PASSED AS AMENDED SPONSORED BY Councilman Scrivner ORDINANCE NO. 15081 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A PARKING LEASE AGREEMENT WITH WELCOME INN AGAIN, LLC, FOR THE LEASE OF THE PARKING LOT KNOWN AS LOT 31. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The Mayor and City Clerk are hereby authorized to execute a Parking Lease Agreement with Welcome Inn Again, LLC, for the use of a parking lot known as Lot 31, for the period of April 1, 2013, to March 31, 2016. Section 2. This agreement shall be substantially the same in form and content as Exhibit A attached hereto. Section 3. This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed: - /4 - )0/3 Presiding Officer ATTEST: ;59 ,z City Clerk Approved: Mayor 02 7(3 APPROVED AS TO FORM: & Counselor agreements contained in this Lease shall be binding upon and shall inure to the benefit of the parties of this Lease, their respective successors, administrators, executors and assigns. CITY OF JEFFERSON, MISSOURI WELCOME INN AGAIN LLC. ATTEST: APPROVED AS TO FORM: 3 PARKING LEASE THIS PARKING LEASE ("Lease"), is made and entered into on __$___day o~ /l/7A ~ jJ 2013 by and between the City of Jefferson, Missouri ("City"), and Welcome Inn Againi~see"), for the purpose of renting parking spaces situated in Jefferson City, Missouri, pursuant to the following terms and conditions: 1. Premises. The City hereby agrees to exclusively lease unto the Lessee and Lessee agrees to lease from City all the parking spaces on lot 31 in Exhibit A ("Premises"). 2. Term. a. The term of this Lease is for the period beginning April 1, 2013 , through December 31,2015. b. Lessee is hereby given an option to renew this Lease for four ( 4) additional terms of three (3) years each, renewable at the expiration of the immediately preceding term (each, a "Renewal Term"). 3. Rental. All rental payments will be made annually on or before the start of the annual lease period. Rent shal l be one thousand eight hundred dollars ($1 ,800.00) per year and shall increase 5% per term. Payment is to be made to "City of Jefferson" and paid at Finance Department, 320 E. McCarty, Jefferson City, Mo 65101. 4. City Covenants: a . City will invoice Lessee for spaces included on Exhibit A. c. City shall maintain the said Property in good repair during the initial term and all Renewal Terms. d . The City will at all times ensure that the Property complies with the American with Disabilities Act Accessibility Guidelines (ADAAG). City will provide Lessee uninterrupted access to the Property and the Premises. e . City shall, so long as Lessee fully complies with all of the terms and conditions of this Lease, permit the Lessee to peaceably and quietly have, hold and enjoy the Premises for the term of this Lease. f. Notwithstanding anything in this Lease to the contrary, the City covenants and represents that City has full right, title, power and authority to make, execute and deliver this Lease. f. City shall indemnify and hold Lessee harmless from all liabilities, charges, expenses, and costs arising on account of or by reason of injuries, liabilities, claims, suits or losses directly resulting from a dangerous condition existing on the Property or Premises at the time of injury, unless said dangerous condition shall have been caused or created by, or have resulted from the negligent or wrongful act of omission of any employee of the Lessee within the course of employment. 5 . Lessee Covenants: a. Lessee covenants to make timely rental payment in accordance with this agreement. b. Lessee covenants to be responsible for snow removal on the premises and to police the premises for parking violators. c. Lessee may not sublease any portion of the parking lot without prior approval of the City of Jefferson Director of Public Works. 6. Termination. Either party may terminate this Lease subject to six (6) months prior written notice of termination to the other party. In addition, City must give thirty (30) days prior written notice to Lessee . 7. Notice. Any notice provided for herein may be given to the parties by certified mail, return receipt requested addressed to the City at City of Jefferson, Department of Public Works, Parking Division, 320 East McCarty Street, Jefferson City, Missouri 65101 , ortheLesseeatPO Bo x 104145, Jefferson City, MO 65110. The date of delivery of any notice shall be the third full day after the day of its mailing . 8. Jurisdiction. This Lease shall be governed by and construed in accordance with the laws of the State of Missouri. 9. Prior leases null and void. All prior leases between the parties are null and void and fully replaced by this lease. 10 . Complete Agreement. C:\USERS\JOHN DIANE\DOWNLOADS\AMENDED LEASE 2013 DOC DOC (2).DOC -2 - This Lease reflects the full and final agreement of the parties with respect to the subject matter hereof and supersedes any and all prior agreements, written or oral, between the parties, and that no change, amendment or modification of this Lease will be valid unless the same is in writing and signed by Landlord and Tenant. This covenants and agreements contained in this Lease shall be binding upon and shall inure to the benefit of the parties of this Lease , their respective successors, administrators , ex ecutors and as signs. CITY OF JEFFERSON, MISSOURI WELCOME INN AGAIN LLC. Mayor!JIM--~ ,#c',d,JI:" tC Tit e: ATTEST: rJJ:rtud(kvt/ 1ty Cler APPROVED AS TO FORM: ~~L City Counselor C:\USERS\JOHN DIANE\DOWN LOADS\AMENDED LEASE 20 13 DOC DOC (2).DOC -3 - Exhibit A City Lot 31 Located at the Corner of E. Ashley and Monroe Streets The property referenced in book 283 , page 879 and book 285 , page 260 of the Cole County Recorder Office and also known as City Parking Lot 31 all located in parts of lnlot No . 925 and 926 in the City of Jefferson City , Missouri. C:\USERS\JOHN DIANE\DOWNLOADS\AMENDED LEASE 2013 DOC DOC (2).DOC -4 -