HomeMy Public PortalAboutORD13352 BILL NO,_ OQI-175
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ORDINANCE NO..
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE A PARKING LEASE AGREEMENT WITH
CLYDE AND ROBERTA ANGLE,
BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS
FOLLOWS:
Section 1. The Mayor and City Clerk are hereby authorized and directed to execute
a parking lease agreement with Clyde and Roberta Angle.
Section 2. The agreement shall be Substantially the same in form and content as
that agreement attached hereto as Exhibit A.
Section 3. This Ordinance shall be in full force and effect from and after the date
of its passage and approval.
Passed: Approved:_
Presiding Officer mayor
ATTEST: APPROVED AS TO �RM:
ity Cle' rk 'Ior
1
FA RKING LE AS E
THIS PARKING LEASE, made and entered into by anci betwcen the City of Jef(erson, Missouri
("Lessor"), and Clyde and Roberta Angle ("L,esseu"% for the purpose of renting parking spaces
situated in .Jefferson City, Missouri ("Leased Vroperty"), more particularly described as follows:
WITNESSETH
WFIER.EAS, the Lessor now owns certain property known as Parking Lot 11, located
in Jefferson City, Missouri; and
WHEREAS, the Lessee xis)ies to park a vehicle on the described premises over
Lessees existing ingress/egress easement described in Book 281 Page 92.4 ofthe Cole County
Recorders office;
NOW J'HEREFORE, in consideration of premises and mutual undertaking,
agreements and covenants hereinafter set forth, the parties hereto agree as follows:
ARTICLE I
PREMISES AND PRIVILEGES
For and in consideration of the terms, conditions and covenants of this Lease to be
performed by Lessee, all of which Lessee accepts, Lessor hereby leases to Lessee and Lessee
hereby hires and takes from Lessor certain property, together with improvements thereon
(hereinafter called "demised premises").
A. DESCRIPTION OF PREMISES DEMISED
The prcmisess hereby leased is that certain tract of real estate situated in
Jefferson City, County o1'Cole, State 01"Missouri, de scril)ed as follows:
Part o(' Lots Nos. 6 and 7, of a subdivision of lnlot No. 484, in the City of
Jefferson, Missouri, more, particularly described as f 61lows: Beginning at the
northwesterly corner ot'said Lot No. 6; thence easterly parallel with High Street, 59
feet 4.5 inches to the point of beginning of this description; thence southerly parallel
with Monroe Street, 20 feet; thence easterly 20 feet parallel with High Street; thence
northerly 20 feet parallel with Monroe Street; thence westerly parallel to High Street
to the point of beginning and termination of this description.
Comprising approxii-riately 400 sgLK1re feet total, as designated upon a plat of
said premises hereto attached and marked Exhibit "A"
HAConlmcl FIIosl1oa9os\Ang1e\Parking Loaso 2002.wpd
B. USE OF DEMISED PROPERTY
Lessor hereby grants Lessee the right to use said demised premises for the purpose of parking.
Lessee shall not use or permit the use of any port of the leased premises in any oi:her manner
than set forth above, without. the prior written C011Sent of L.cssor.
AIITiCI,F, 1
OBLIGATIONS OF LESSEE'
A. NET LEASE
The use and occupancy of the demised premises by Lessee will be without cost or expense to
Lessor, It shall be the sole responsibility of Lessee to keep, maintain, repair and operate the
entirely ot'the demised premises and all improvements and facilities thereon at Lessee's sole
cost and expense.
B. MAINTENANCE AND REPAIR
Lessee shall maintain the leased prenliscs at all times in a safe, neat and sightly condition and
shall not permit the accumulation of any trash or debris, except in property containers, on the
premises.
C. ALTERATIONS AND REPAIRS TO PREMISES
Further, Lessee agrees not to construct., install or remove, modify and/or repair any of the
premises leased hereunder without prior written approval of the Director of the Department
of'Transportation,
D. TRASH, GARBAGE, ETC.
Piling of boxes, cartons, barrels, or other similar items, in an unsightly or unsafe manner, on
or about the demised premises shall not be permitted.
F. SIGNS
Lessee shall not erect, maintain, or display upon the outside of any improvement on the
demised premises any billboards or advertising signs, unless approved by the City Director of
Transportation.
ARTICLE, 1111
TERM OF LEASEHOLD
The term of this lease shall be for five (5) years subject to earlier termination for cause as
provided herein. The terra of'the agreement shall commence on the first clay ofMareh,2002.
Lessee is hereby given an option to renew his leasehold interest in the demised premises for
fourth (4) successive periods of five (5) years each on the following terms and conditions:
(a)No default is existing or continuing i11 the performance ofany ofthe
terms of this lease.
(b) Each renewal shall be oil the same terms, covenants, and conditions
as provided in this lease except, that there shall be no privilege to renew
the term of this lease for any period of'time beyond the expiration of the
fourth renewal term February 28,2027,and except that the rental charge
shall be as agreed by and between the parties.
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c) Lessor's consent to any renewal must be obtained and Lessor shall
grant such consent except where any of the following exist:
i. Default on the part of the Lessee,
ii. Nced flit the property tttr any other municipal purposes.
Lessee shall notify Lessor in writing of its intent to renew tit least 90 days prior to the
expiration of the lease or any renewal. Lessor snail notify Lessee of its consent or objection
withing forty-five (45) days thererilter, specifying any objection. If Lessor fails to reply, its
consent shall be impliecl and the lease renewed on the identical terms of the then existing lease,
this clause excepted.
ARTICLE, IV
RENTALS AND FEES
A. GENERAL
For the ground area herein denlised, Lessee shall pay to Lessor a fixed annual rental of Three
Hundred Dollars ($300,00). Slid sum shall be paid upon execution of this lease and all
subsequent annual installments shall be due and payable oil the first day of.lanuary each and
every year hereafter.
B. TIME AND PLACE OF PAYMENT
Rentals shall be paid on or before the first day ol'January each year for the annual rental due
hereunder. All payments are to be made to the City of Jefferson, Department of
Transportation,320 East McCarty Street,.1cfferson City, Missouri,65101,or such other place
the Lessor may direct lessee, in writing.
ARTICLE V
INSURANCE BY LESSEE:
A. LiABILITY INSUItANCF.
Lessee agrees to at all tittles maintain pUblic liability insurance in the amoutits of not less than
$300,000/$2,000,000 with reputable insurance companies, which insurance shall insure the
Lessee against any and all claims for damages arising front the use, control, or maintenance
of'the demised property by the Lessee or its employees. (::upies ol'said policies or ecrlificates
of said insurance shall be furnished to the City cold name of the City ol'JeiTer.'son, Missouri as
coinsured.
B. RESTMATiO.N OF CASUALTY LOSSES
In the event of fire or other loss to the leased premises, l..cssee shall within ninety (90) days
thereafter promptly restore the demised premises to their condition prior to such loss.
Notwithstanding the foregoing, if the demised premises are totally destroyed or damaged to
all extent which Substantially inted'eres with the ability of Lessee to conduct its business on
the demised premises, then the lessee shall have the option to remove the damaged
improvement and the debris WSlllting therefrom and ►•estOl'e the SUrface condition of said
demised premises to its original condition, at which date this lease shall be deemed canceled,
ll'said destruction iS Of'SUCh extent that complete rebuilding is necessary,the Lessee may elect
HAContract FitoslleaseslAnglelParking Leaso 2002,Hpd - 3
to rebuild and shall have a reasonable period of time in which to complete said rebuilding,
during which period the Lessee shall continue to pay the City the rents provided in this lease
or any renewal thereof.
ARTICLE Vi
TERMINATION OF LEASE, ASSIGNMENT ANI)TRANSFER AND CANCEI.,LA'TION
A. 'TERMINATION
'This Lease shall terminate at the end of the rull lean hereof or the option terns, if exercised,
and Lessee shall have not further right or interest in any of the ground improvements hereby
demised, except as provided in Article VIII.
B. CANCELLATION
This Lease shall be subject. to cancellation by lessor in the event Lessee shall:
1. Be in arrears in the payment of the whole or any part of the amounts agreed
upon hereunder for a period of thirty (30) days after the time such payment(s)
becomes due.
2. Abandon the clemised premises.
3. Discontinue its operations as outlined in Article 1, Section 13.
4. Default in the performance of any of the covenants, agreements and conditions
required herein to be kept and performed by Lessee, and such default continues
for a period of thirty(30)clays after receipt of'written notice from Lessor of said
default.
In any of aforesaid events,Lessor may take immediate possession of the demised premises and
remove Lessee's effects, forcibly, if necessary, without being; deemed guilty of trespassing.
Upon said default, all rights of lessee shall be terminated provided, however., Lessor and
Lessee shall have and reserve all fo their available remedies at law as a result of said breach
of this contract.
Failure of Lessor to declare this Lease terminated upon the default, of L.essce for any of the
reasons set out shall not operate to bar, destroy or waive the right of L.cssor to cancel this
Lease by reason of any subscquetlt violation of the le;rms hereof.
C. WA.IVER OF STATUTORY NOTICE TO (QUIT
In the event Lessor exercises its option to cancel this agreement upon the ]happenings of any
or all of'the events set forth in Section 13 (Cancellation by Lessor), a notice of cancellation
shall be sufficient to immediately cancel this Agreement; and, upon such cancellation, Lessee
hereby agrees that it will forthwith surrender up possession of'the demised premises to lessor
as set R)rt in Article V111.
1). ASSIGNMENT AND SUBL,ETTiNG
The Lessee shall not sublease, or assign this lease'vvithout first obtaining the written approval
of the City through the Director of the Department oiTransportation; but in such event,Lessee
shall remain liable to Lessor for the remainder of the term of tide lease to pay to Lessor any
portion of the rental and flees provided for herein, and any assignment by the Lessee shall
contain a clause to this effect.
HAConlracl Fllos\IoaseMAngkAParking Loaso 2002.wpd - 4 -
ARTICLE VII
RIGIITS UPON TERMINA'T'ION
A. FIXED IMPROVEMENTS
At the termination of this Lease for any reason, Lessor shall be ent.tied at its option to have
the land demised herein returned to it clear of all fixed improvements above ground level
which have been constructed by Lessce and restored to its original condition. Request for said
removal shall be set forth in writing by Lessor to Lessee thirty (30) days prior to termination
of this lease. If removal is not requested prior to said thirty (30) days, Lessee shall have no
obligation for such rcilloval.
If Lessor requires such removal, Lessee may have ninety(90) days after termination in which
finally to remove any such improvements, and provided that such occupancy for purposes of
removal shall be subject to ground rentals due her'CUnder. If Lessee fails to remove said
itYlprovements, they may thereafter be removed by Lessor at Lessee's expense.
The Lessee shall be the owner of all of the improvements which it makes on the demised
premises at its expenses. Upon the termination of this lease, or any renewal thereof, Lessee
shall have the right to remove the said improvements at the cost of the Lessee, it being the
purpose of the parties that the title to said improvements shall not.inure to the City through the
theory of annexation. In the event Lessee elects to rcrrlove the improvements, Lessee shall at
its cost restore the demised premises to their condition prior to the placing of the
improvements thereon.
B. PERSONAL PROPERTY
Upon termination of this lease, Lessee shall remove all personal property from the demised
premises within ten(10)days after said termination and i t'Lessee fails to remove said personal
property, said property may thereafter be removed by Lessor lit Lessee's expense.
ARTICLE VIil
GENERAL PROVISIONS
A. LESSOR'S RESERVi,D RIGHTS
1. Lessor reserves the right further- to develop or improve the parking area as it sees fit,
regardless of the desires or views ofthe Lessee,and without interference or hindrance.
2. It is understood and agreed that the rights granted by this agreement will not be
exercised in such a way as to interfere with or adversely affect the use, operation,
maintenance or development of the parking lot.
3. Lessor, through its duly authorized agent, shall have at any reasonable time during
business hours the full and unrestricted right to enter the leased premises for the
purposes or inspection.
B. PARAGRAPH HEADINGS
The paragraph headings contained herein are fbi-convenience in reference and are not.intended
to define or lirnit the scope of any provision of thus lease.
HAContract ReVeasoMAngteiParking Luase 2002.wpd - 5
C. NOTICES,CONSENTS AND APPROVALS
Whenever any notice:or payment is required by the Lease to be made,given or transmitted to
the parties hereto, such notice or payment shall be deemed to have been given if enclosed in
an envelope with sufficient postage attached to insure deliver, and deposited in the United
States mail, addressed to:
LESSOR LESSY313
City of Jefferson Clyde & Roberta Angle
Dept. Of Transportation 304 East High Street
320 East McCarty Street Jefferson City, MO 65101
Jefferson City, MO 65101
or such other place as either party shall in writing designate in the manner herein provided.
D. SUCCESSORS AND ASSIGNS
All of the terms, covenants and agreements herein contained shall be binding upon and shall
inure to the benefit ot'successors and assigns of the respective parties hereto.
E. AMENDMENTS TO LEASE
All amendments of this lease must be made in writing by mutual agreement of the parties,and
no oral amendments shall be in force or effect whatever.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed as
of the date first above mention at Jefferson City, Missouri.
CITY OF JEFFERSON,MISSOURI
Mayor Clyde A`i gIe
ATTEST: J
lo
/�-G�� /rG-���' ( f:r-• ....��-�,...i :. � i ,( i
City e•k _ Roberta Angle
.APPROVED AS TO FOR
City Comllsdfor
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