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HomeMy Public PortalAboutORD13352 BILL NO,_ OQI-175 SPONSORED BY COUNCILMAN Blame __ 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. HAContract HaslleaseMAnglelParking Lease 2002.wpd - 2 - 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 } HAContract FllesVaaseMAngWParking Lease 2002.wpd 6