HomeMy Public PortalAboutORD13355 S
BILL NO. 2001-179
SPONSORED BY COUNCILMAN Blaney
ORDINANCE NO. ' �
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE A PARKING LEASE AGREEMENT WITH
JUDY CADICE AND JAYNE HUBER.
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 Judy Cadice and Jayne Huber.
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: ___•.
1 G- Approved.
ZjZ X_ '
Presiding Officer Mayor
ATTEST: APPROVED AS TO FORM:
zz/"/W
City Clerk City Counselor
( 33 �y'
CITY OF .IEFFERSON
PARKING LEASE
TI-IIS PARKING LEASE, made and entered into by and between the City of Jefferson, Missouri
("Lessor"), and Judy Cadice and Jayne Huber ("Lessee"), for the purpose of renting parking spaces
situated in Jefferson City, Missouri ("Leased Property"), more particularly described as follows:
WITNESSETH
WHEREAS, the Lessor now owns certain property known as Parking Lot 8, located in
Jefferson City, Missouri; and
WHEREAS, the Lessee wishes to park a vehicle on the described premises; and
WHEREAS,The Lessee will continue to provide a walk through their business to High Street
For parking patrons using the City parking lot.
NOW THEREFORE, in consideration ofpremises 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. I?I.SCRIP'i'ION OF PREMISES DEMISED
The premises hereby leased is that certain tract of real estate, being and situate in the County
of Cole, State of Missouri, described as follows:
Part of lnlot.No. 469, in the City of Jefferson, Missouri, more particularly described as
furrows: FrOln the southwesterly corner of Inlot No. 468: thence easterly along the
SOUtherly line of Inlots Nos. 468 and 469, 184.35 feet, to the westerly line of Tract of
land described in Rook 303 Page 362 in the Cole County Recorders Office; thence
northerly and along the west line of said tract, 80.31 feet to the point of beginning of
this description; thence westerly parallel with Fligh Street, 24 feet; thence southerly
parallel with the west line of Inlot 469, 20 feet; thence easterly parallel with High
Street, 24 feet; thence northerly, 20 feet to the point of beginning and termination of
this description,
Comprising approximately 480 square feet total, as designated upon a plat of said
premises hereto attached and marked Exhibit "A".
H 1f."niract Fllool"asursicadau&m itm(Aparking noise 2002,wpd
B. USE O1+ DEMISED PROPERTY
Lessor hereby grants i_essee tilt 1•ight to uSC said demised premises for the purpose ofparking.
i..essee shall riot use 01- pet-mil the use of any part ol'the leased premises in silly other manner
than set 161.111 above, without tile; prior written eonsent of Lessor.
IN!L'1 L,I-: i1
OBLIGATIONS OF LESSEE,
A. Ni T LEASE
The use sand oCCUlruley of the dCMisC:d premises by Lessee will be without Cost or CxpcnSC to
Lessor. It shall he the Sole responsibility of Lessee to keep, maintain, repair and operate the
entirely ofthe demised premises and ali improvements and Gleilitics thereon at Lessee's sole
Cost and expense.
I;. MAINTENAWT AND RPTAIR
Lessee shall nudillain the leased premises al all limes in a Sale, neat and Sightly condition and
shall not permit Ilse accunlulalion orally trash or debris, except in property containers, sin the
premises.
C. ALTERATIONS AND REPAIRS TO PREMISES
further, i.essee agrees not to construct, install ot• remove, rlloclify and/or repair any of'the
premises lenses( heremider without prior written approval of the Director of the Dcllartillent
orTratlsportsllion.
1), TRASH, GARBACOE, VIY',
Piling of boxes, eartons, barrels, or other similar items, in an unsightly or unsale manner, on
01- about the dCI1liSed prenliseS >s11a11 not be 110111illed.
F. SIGNS
Lessee shall not erccl, maillklin, or disl>Iny upon the oulsidC; of any illlprovemenl on the
denlised preiises any billhonrds or advertising signs, unless approved by the City Director of
TransporlaI.ioil.
ARTICLE Ill
'1'1?12M OF LEASE11101,i)
The krill of this lease shall be li,r live (5) Years suhjecl to Cnrliw• iCI'lllill iti011 I01- CausC as
provides! herein. The terns ofthc agreement shall conllnence on the first day of March, 2003,
i.C:ssee is hereby given an option to renew his leasehold interest in the demised premises for
lmirth (4) successive periods oI* live: (5) years each on the I61lowing turins and cc.rnditions:
(n) No del'nult is existing or continuing in file perlornlance of any ofthe
terms or(Ilis lease,
(h) I;sreh renewal shall be on the salnc terms, covenants, and conditions
as provided in (his Icase except, dint there shall he no privilege to renew
the terul orillis lease 1,61,ssny period oftirlle heyond the expiration ofthe
roul'lll renewal term February'_18,2027,and except that the rental charge
shall he ns agreed by and between the parties.
HACunlracl Filoe\loneox\Cndicu 6 IluhorlParkuls►lodv;o 2002.wpd
• c) Lessor's consent. to any renewal must be obtained and Lessor shall
grant such consent except when, any of the following exist:
i. DCfrlult on the p art ofthe Lessee.
ii. Need for the property 1101- 1,111y other 1111111ieipal purposes.
Lessee shall notify Lessor in writing of its intent to renew at. least 90 days prior to the
expiration ofthe lease or any renewal. Lessor shall notify Lessee of its consent or objection
wihing forty-live (45) clays thereafter, specifying any objection. If Lessor hails to reply, its
consent shall be implied and the Icase renewed oil the identical ter111s ofthe then existing lease,
this clause excepted.
ARTICLE IV
RENTALS ANl1 FEES
A. GENERAL
For the ground Brea herein demised, I.,CSSeC shall pay to Lessor a tlxed annual rental orThree
Hundred Dollars ($300.00). Said suns shall be paid upon execution of this lease and all
subsequent annual installments shall be duc and payable on the first day orklmlary each and
every year hereafter.
B. TIME AND PLACE OF PAVNIENT
Rentals shall be paid oil or before the first day of.lanuary each year for the annual rental due
hereunder. X1.11 payments are to be , made to the City of .Icfl'erson, Department of
Transportation, 320 bast.McCarty Strcct,.1Cff Cl-S0Jl City, M iSSOLIH,65101, or such other Place
the Lessor may direct Icssee, in writing.
ARTICLE V
INSURANCE BV LESSEE
A. LIABILITN' INSURANCE
Lessee agrees to at all times maintain public liability insurance in the;allloLillts 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 dallUlgeS 111•iSing fP0111 the LISC, c011trol, or maintenance
of the demised Property by the Lessee or its employees. Copies of said Policies or certificates
of said insurance shall be furnished to the City Cold name oPtile City of.fefTerson, Missouri as
coinsured.
B. RES'T'ORATION OF CASUALTY LOSSES
In the event or fire of other loss to the leased pi-cmises, Lessee shall within ninety (90) days
thereafler 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 intcrlcres with the ability of L essec to conduct its business on
the demised premises, then the Lessee shall have the option to remove the damaged
improvement and the debris resulting thererrom and restore the surface condition of said
demised premises to its original condition, at which elate this lease shall be deeined canceled.
• Ifsaid destruction is ofSLIC11 extent plat complete rebuilding is 11CCCSSai•y, the Lessee may elect
HAContract ResMeasoMCadice&HubarlParking Lease 2002.wpd - 3 -
to rebuild and shall have a reasonable period of time in which to eomplete said rebuilding,
during whiell period the i-essee shall continue to pay the City the rents provided ill this lease
or any renewal thereol'.
ARTICI-Y VI
TE'RMINA'TION OF LEASH ASSIGNNIi?N'1' AND'I'llANSI,I,;it ANi) CANCi 1,11,A'1'ION
A. TE'RMINAT'ION
This Lease shall terminate at the end ol'the (till term hercol'or the option term, ifexereised,
and Lessee shall have not ftirther fight or interest ill any of.the j.',1'otllld improvements hereby
demised, except as provided in Artiele VIil.
B. CANCULATION
This Lease shall be subject to cancellation by lessor in the event I.,essee shall:
1. Be in arrears in the payment ol'the whole or any port ol't1lC anlcxultS agreed
upon hereunder fi r a period of thirty (30) days after the time such paynlent(s)
becomes clue.
2. Abandon the demised premises.
3. Discontinue its operations as outlinCd in Article 1, Section B.
4. Detault in the pertormancc ofany ofthc covenants, agreements and conditions
required herein to be kel:)t and performcd by Lessec, and such tletault ColltillUes
for a period ol'thirty(30)days alter receipt ofwritten notice from Lcssorol'said
default.
In any ofaforesaid events,Lessor may take immediate possession ol'the demised premises and
remove Lessee's effects, forcibly, if'necessary, without being deemed guilty of trespassing.
Upon said default, all fights of lessee shall be terminated provided, however, I-essor and
Lessee shall have and reserve all fo their available remedies at law as a result ol'said breach
of this contract.
Failure of*Lessor to declare this Lease terminated upon the defillilt, of Lessee for any of*the
reasons set out shall not operate to bar, destroy or waive the right of i.essor to cancel this
Lease by reason of any subsequent violation of t.Ilc terms hereof.
C. WAIVER OF STATUTOl21' 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 I3 (Cancellation by Lessor), a notice of cancellation
shall be suf icient to inlmccliately cancel this Agreement; ancl, upon sueli cancellation, I-essee
hereby agrees that it will forthwith SLII'rCndCI-LIP possession oldie demised premises to lessor
asset fort in Article VilI.
D. ASSIGNMENT AND SUBI-J' "I'ING
The Lessee shall not sublease, or assign this ICitSC without first obtaining the written approval
of the City through the Directorol'the Department ofT'ransportation;but in suCll event, I.,essce
shall remain liable to Lessor for the remainder ol'the tern( ot'thc lease to pay to L.cssol• any
portion of the rental and fees provided for herein, and any assignment by the i.,cssee shall
contain it claLlSe to this effect.
HAContract FileMleaseslCadlce&HuberlParkincg Lease 2002.wpd - 4
ARTICL VII
RIGHTS UPON TERMINATION
A. FIXED IMPROVENWNTS
At the termination ol'Ihis Lease for ally reason, Lessor shall be entitled at its option to have
the land demised herein returned to it clear ol`all fixed improvements above ground level
which have been constructed by Lessec and restored to its original condition. Request for said
removal shall be set forth in writing by Lessor to Lessee thirty (30) clays prior to termination
o('this lease. II*removal is not requesled prior to said thirty (30) clays, Lessee shall have no
obligation lot' such removal.
I1'Lcss0►•MCILlires such removal, Lessee may have ninety(90) clays after termination in which
finally to remove any such illlllr0VC111e11ts, anti provided that such occupancy for purposes of
removal shall be subject to ground rentals due hereunder. II' Lessee fails to remove said
improvements, they play thereafter be removed by Lessor at Lessee's expense.
The Lessee shall be the owner of all o1' the improvements which it makes on the denlised
premises at its expenses. Upon the termination of this lease, or ally 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 inLn•c to the City through the
theory of annexation. In the event Lessee elects to remove the improvements, Lessee shall at
its cost restore the demised {premises to their conclition prior to the placing of' the
improvements thereon.
B. PERSONAL PROPERTV
Upon termination of'this lease, Lessee shall remove all personal property from the demised
premises within ten(10)days allersaid termination and i('Lessee ('ails to remove said personal
property, said property may thereal•tcr be removed by Lessor at Lessee's expense.
A11TICL,E VIII
(.I?NF.RAL PROVISIONS
A. LESSOR'S RESEIINII?D RIGII'fS
1. Lessor reserves the right Illl'lllcl' to develop or improve the parking area as it sees (it,
regardless of the desires or views ol'the Lessee,and without inted'erence or hindrance.
2. It is understood 11111 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 lily reasonable time d111•ing
business hours the 11111 and unrestricted right to ciltel• the leased premises for the
purposes o1'inspection.
B. PARAGRAPH 11FADINGS
'1"he paragraph heac.litlgs contained hel•eill a1•e lot•conve.ilieilce lit l•cfel•c11ce alld are.not intended
to define or limit the scope olany provision ol'this lease,
HAContract FiloslleaseslCadlco&lluberlParkin(i Loase 2002.wpd 5.
C. NOTICI,S,CONSFATS ANI) AI'I'ROVALS
Whenever any notice or payment is required by the Lease to he nuldc, }!ivCn or trnllsillitted to
the parties hereto, such notice or payment shall be deemed to have been given if'Cnclosed in
an envelope with si f'licient. postage attached to insure deliver, and deposited in the United
States mail, addressed to:
LF?SSOR I,I;SSIa?
City ot'.1etTersoll Judy C'adice & Jayne I luber
Dept. UI"I'ransportation 1 14 East IIigh S(reet
320 East McCarty Street Jefferson City, MU 65101
Je fcrscln C'ily, NI() 65101
or Such other place ns cither party shall in writing; designate in the manner herein provided.
D. SUCCESSORS AND ASSIGNS
All ol'the terms, eoverluuts sled agreements 11C1'Cill Contained shall be binding upon and shall
inure to the hcnC(1( of'SUCCCSticlrs and assigns of the respective parties hereto.
F,. AN1EN1)MLN'I'S TO 1,FASE'
All amendments of'this (case must he made in writing by mutual agreement ofthe parties,and
no oral amendments shall be Ill fierce or ef'f'ect whatever.
IN WI'I'NI SS Wllf.?Rl:OI', the parties hereto have: CMISCd (Ills il1S(I•LllllCllt to be CXCCUtCCI as
of'thc date first above mention at Jef'f'erson City, Missouri.
CITY Oh Jli F ERSON,MISSOURI
May Juci Cadicel�
_. II
ATTEST:
City Clef iJc ne IAul Cl-
APPROVED AS I )"l'UltNlj
l
City Counselor
HAConlract Fllos\leasos\Cad(co&Hubur\Parkin0 tense 2002,wpd - 6 "
h �
O
CO) ° � z r a
0 W '
v o o o a �� o
w zv
a w u.
Iry Z Q �Z V O ad W G C14 �p
¢ = V C Q. 00 d I (�
LL
(n Z m �+ N
'7� a M W Q CW' w Q (W o WO 0 Q O N �t
�I Ll F- u: ¢ LLI d p� F- p, O y p ' G
IZ
ag 4 m U : d a ED W O ra etf z
ro e o c cv v w ; w m ro m o
k
k
k{
S JY �• `
i
5, •+� {�1 _4 r• 1•:�'•V •.'�� •1+ •'f� r.�:r.4'vf 1!�Y•.'+�'1. ^ .fir `,`•:' r,.'•1: (...
l
`1• ,r � f 1 �1. 1`.•,.sit�':�'i�*`:, t:r::r•.:•,{� fr ., , rx� 1
r ,1. j.l •; /�' •n_,'i{;..u;,,..t• •.,... iJ"L�:ael r+'1i i• �'ll1 L''x i` '' �{�'
. .t:. ,y'. .is +. •r` �: `j. '>};. .,l ;.fir . ,.r,,.r:a...',f, .', ..��.t
•;• �t• •hi':. ,.1'• r�..•.`, .1,..,.j,Ar.i,;,,l•4:., %ia. �i,�•"r 1 ''✓i:'j
{ •.:�''c.y74i r� ;?,rr!! r 1. a!' j 1 ,, .. l� Ili
t?x .•L..,ti. �. .t; ♦ /.;v+, ;,,tT��.Y- •( +4;.,d ;1' ,f r Ap
f .1.'
S til hsti I if I e
BILL NO.2001-169,
SPONSORED BY COUNCILMAN -,.L-AN-DWEHR---
ORDINANCE NO..
AN ORDINANCE AMENDING SECTION 22-33 OF THE CODE OF THE CITY OF
JEFFERSON, MISSOURI, PERTAINING TO WRECKED VEHICLES.
BE IT ENACTED BY TI--IE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS
FOLLOWS:
Section 1. Chapter 22, Sec, 22-313, Leaving wrecked, junked, etc., vehicle
standing on private property; parking on private property without consent of owner, etc. is
hereby amended to read as follows:
Sec. 22-33. Leaving wreelieti. juliked, etc., vs�llivlv s(oll(fing on pl-Mile propvrly. pal-king on private 1)1,()Pcl,t%
without Consent ol,owner,etc,.
A. No person in charue or cow of 1)1"11) properl� within file kN'hL:thVl'NS 0MIff. 11CM111t. OCCUIM1111.
allm� am pal-lialk dismillit . %ilko.wreckvkl, 41111\Cd. diSCill-ded 01-i111111-01VI-1V titled
lessee of.otlicl-wise.shall It'd liollopel
vehicle firem-tr-to remain oil sudl for lolli-m-111,111 svvellly-two`72
hours. No person shall leave alr, such \dlick• oil all', property in the Ot\, flor it period cm:ecdin�.,, sevenl\-two (72)
C011SCCLItiVC 110tll-S. eXCCI)t:
I. When in all ellclost-d buildol"!:
2. ()It the pl.,-.11liscs ol'a bilffilles-',opelatilig in it ("m 11(0 plilt:v"Ind iflaillwi%then if0ccSsA1•% 1%)tilt,
lhalanywrecked vehicles shalt not hu placed ootside
:1 hllildillg I*ol' more thall ninety (90) days except oil twoim-tv located within fit
industrial zone and further provided that it'the \%reeked vehicle is if semi-trailer the
mother of dais it Cliff remain outside shall be limited to forty-five (45)flays unless ill
lilt indlisil-ill Zone: of
3. In it (7011111M.6ill li'Wilit\ dcsisned for the S101'it2C 01'vehicles provided that and wrecked
vehicles shall lio( he placed outside building for more than ninety om(lays except on
proper(} located within fit industrial zone and furthe • ()rovi(le(i that it'the %vi-celied
vehicle is a semi-trailer the mmilm- of clays it can remain outside shall be limite(l to
forth-five(45) days unless in an industrial zone: or dtrrmttym-moth mnrd+"11c citN.
4. Depository maintained by the City.
13. No person shall park or leave staildill,L, i111% motol.vehicle i1poll am privately owned land.parking lot
of-driveway.without 1110 express of.implied Consent ol'slich,owlict,
occullilill. lessee or licensee ofthe 1,111d. Oil private
parking lots in commercial or industrial zolles• a stlitahle Shull, not less 111,111 eighteen (18) illelles by twenty-flour(24)
inches in dimension bearing, tilt! words "No Parking." togethe•with mw quillilicadolls or 1-cstriclions()If such
il'ally.shall he conspictiollsl'N disllkl\ed()if such land.parkim-, lot or driveway by the owner.occupant.lessee of.licellse-e,
to make this subsection effective.
Substitute
C. Upon a signed complaint by any owner, occupant, lessee or licensee,or any other person adversely
arreeteei, that n motor vehicle has been parked err loll standing in violation ol'nny provision ol'this section,such vehicle
shall be considered an abandoned or disabled motor vehicle, and the provisions and procedures in section 22-34 shall
apply and be observed.
D. No person shall park or Icave standing any nwtor vehicle on or in any li•ont,rear,or side yards,or on
or in any other privately or publish owned property unless such parking spaces, driveways, or areas have been
permanently established and are used For the parkins;of motor vehicles.
(Ot•d. No. 11068, ti 2, 7-18-88: Ord, No. 114,10, 1 1. 7-17-90: Ord, No. 1 178.1, § 1. 9-9-92)
Section 2, 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 FORM:
City Clerk City C664&or