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BILL NO. 97-118
SPONSORED BY COUNCILMAN Nilges
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE j1
MAYOR AND CITY CLERK TO EXECUTE AGREEMENTS WITH THE STATE OF
MISSOURI OFFICE OF ADMINISTRATION RELATED TO PARKING FACILITIES.
BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS
FOLLOWS:
t 'f_ Section 1.The Mayor and City Clerk are hereby authorized to execute an agreement
t° for the conversion of the leasehold arrangement in the Monroe Street parking garage to
outright title in the State of Missouri.
Section 2. The agreement referenced in Section be substantially 1 y the same
in form and content as Exhibit A attached hereto.
Section 3.The Mayor and City Clerk are hereby authorized to execute an agreement
x for the:rental of spaces in the city) parking garage located at Madison and Capitol Streets.
t Section 4. The agreement referenced in Section 3 shall be substantially the same
in form and content as Exhibit B attached hereto.
Section 5.. This Ordinance shall be in full force and effect from and,after the date of
its passage and approval.
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CITY OF JEFFERSON
PARKING LEASE
a THIS PARIUNG LF.ASF, made and entered into thisaeay of January, 1998, by and between the
City of Jefferson, Missouri ("City"), and the State of Missouri, Office of Administration ("State"), for., j •`
the purpose of renting parking spaces situated in Jefferson City, Missouri ("Leased Property"), more
.f particularly described as follows:
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The City hereby leases unto the State the property identified as:
One hundred fifty (150) spaces within the City's parking garage located at is
Madison and Capitol Streets, said spaces to consist of one hundred forty-four
(144)spaces on uncovered levels 4c, 5a and 5b,and six(6)handicapped spaces:as
designated throughout the structure.
2. TernL
The term of this Lease is to commence on May 1, 1999 or the date upon which the State occupies the.
Hotel Governor,whichever is later. Upon agreement of both parties, this Lease may be renewed fore
nineteen(19)additional one (1)year periods, subject to annual appropriations.
The price per space shall be Fifteen Dollars($15.00)per month, payable quarterly in advance. i r
4. City Covenants and Agrees:
a. City will invoice State for all spaces. City and State understand and agree that the total number
of parking spaces leased for any single month will not vary.
r b. Ci ty shall maintain the said property in good repair during the term of all renewal periods of this ' 4,
Lease.
' c: City must direct and pay for removal of snow and ice from the sidewalks and parking area by 7:00 I -'
' a.m.of each working day,or as required throughout the day; Saturdays and Sundays excluded.
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d City must stripe all parking spaces.
{ e City shall provide handicapped parking spaces in accordance with the American with Disabilities
E Act Accessibility Guidelines (ADAAG)within its total parking system. $
,s irt;
r , `f City shall provide'a well-lighted parking area. =k
City:shall, so long as State fully complies with all of the terms and conditions of this Lease;
permit the State to peaceably and quietly have, hold and enjoy the premises for the term of this t
Lease. Anything to the contrary in this Lease not withstanding, City covenants and representg s.
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that City has full right, title, power and authority to make,execute and deliver this Lease: }
h City.shall indemnify and hold State harmless from all liabilities, charges, expenses, and costs'
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arising on account of or by reason of injuries, liabilities,claims, suits or losses directly resulting
from a dangerous condition existing on the premises at the time of injury,unless said dangerous
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condition shall have been caused or create
by, or have
act of omission of any employee of the State within the course of employment. gent or wrongful
atr; i• Any concerns of the City regarding the daily operation of this Lease shall be directed to the
Tenant for which the concern applies.
5• yenant� and Agrees:
a. State must use the premises for a parking lot so long as such use shall be deemed feasible b
State, and State shall have right to assign y the
£ g gn its rights under this Lease, in whole or in part, to
f any other governmental agency, subject to the same terms and conditions of this Luse. State
may not assign its rights under this Lease to any nongovernmental party without the written
consent of the City.
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E 6. Appropria ior,i
City and State understand and agree that this Lease shall not be binding upon the State unless d until
general appropriations have been made by the Missouri Legislature and,if applicable, funds have been
. � receive
d from the United States Government, for the payment of rental or for any other payment under
this Lease on behalf of the State for the fiscal period embracing the initial peri P'n od or any option period of
this Lease.
E 7. Qccumancv R i
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°r This Lease shall become null and void should the State cease to occu ,
f ' ± of the rentable space of the Hotel Governor building, PY at least fifty-fig a percent(55%)
8. Sublease to Pnbli� Prohibited
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The State shall not hold open any of the
use of these spaces except in conjunction with events el in spac�ebcontrolled by it the State�in.the Hotel
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Governor.
9.
The City retains the right to utilize all spaces within the structure provided that the State shall always
have access to one hundred fifty y
ty(150)spaces as needed for State activities,
t Y 10. Right to CIa for Repair Ataint _' _
11 ti�114� rlAl1-
.` ; The City may close the Leased Property for activities related to repair, maintenance and con
I�rf' atruction
with thirty(30)days notice to State when practical.
That any notice provided for herein may be given to the artses b
addressed to the City t City of Jefferson, P y personal service or by regular mail
, ' tY Department of Public Works, Parking Division; 320 host .
fi McCarty Street, Jefferson City, Missouri, 651;11, or the State at State, of Missouri Office ,of. :.
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'Administration -Di of Facilities Management, 3225 West Truman Boulevard, Suite 100,;Jeffereon ,. .
�''�Y �j City,Missouri 65109. The date of delivery of any notice shall be the second full day
mailing;,
y after the day of its
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r; 12. Jurisdiction
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p This Lease shall be governed by and construed in accordance with the laws of the State of Missouri.
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q 13. Coin a �i�reemen±-
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,executors and assigns.
CITY OF JEFFERSON, MISSOURI r
STATE OF MISSOURI '
OFFICE OF ADMINISTRATION 4
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Mayor
Director, Division of Facilities Management
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City Olerk
Title: ;
APPROVED AS TO FO
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CITY OF JEFFERSON
d, aF SALE OF LEASEHOLD INTEREST
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THIS AGREEMENT,made and entered into this�day of January, 1998, by and between the City
of Jefferson, Missouri (hereinafter referred to as "City"), and the State of Missouri, Office of �
Administration (hereinafter referred to as "State"), for the purpose of selling the City's leasehold
interest in certain property described below to State.
WHEREAS,on the 18"of May, 1987, an agreement was entered into by and between the City and the
State for the sale of certain property belonging to the City to the State for the purpose of construction
I of a parking garage within the City to be owned and operated by the State; and
WHEREAS, as part of the consideration for that transaction, the City received a leasehold interest for
a minimum of fifty(50)parking spaces together with ingress and egress for an initial period of twenty-
four (24)years with three (3) twenty-four (24) year option periods; and
't WHEREAS, it is in the best interest of both parties that the leasehold be terminated and full title
authority and control be vested in the State in return for cash payment as provided herein.
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NOW THEREFORE, in consideration of the mutual covenants and promises contained herein, the
parties hereto agree as follows: i
'
1. Convey ance of Leasehold.
The City agrees to convey to the State all right,title and interest it has pursuant to the lease entered into �
pursuant to the May 18, 1987 agreement to the parking spaces described as:
`f All of Inlots 97,98, 99 and the easterly part of Inlot 96 fronting 50 feet an State
rJ r Street and running back 198 feet 9 inches to a public alley in the City of
Jefferson,Missouri all within the County of Cole, State of Missouri.
Hereinafter the above property shall be designated as the"Premises:'
2• Classing r
This transaction shall be closed on or before March 1, 1998, at which time all documents and evidences
of title shall be exchanged as well as any other considerations provided herein. Closing shall be held at i
the office of the City Counselor, 320 East McCarty Street,Jefferson City,Missouri, or at such other time
and also as on or before March 1, 1998 or at such other time and place as the parties may mutually agree. i.
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r�/ The City shall provide notice to any and all tenants parked on its spaces upon the execution of thia
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r document, notifying them of the termination of this document.
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PaymdenL '
'}r The State agrees to pay the sum of Two Hundred Seventy-Five Thousand Dollars ($275 000) and
consideration for the transfer,said sum to be paid in full at closing. Additional consideration'as part,of
' the terms of the initial sale and transfer, the City obtained from the State the ability to have the entire
structure open to the public free of charge on Saturdays, Sundays and State holidays. The State agrees �r
,rT to continue this practice unconditionally through December 31, 2114, and thereafter to continue the
practice to the extent it does not interfere with the State's operations.
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4: Goyerning law,
It is agreed that this agreement shall be governed by,construed,and enforced in accordance with the laws ,
yx of the State of Missouri as to both interpretation and performance.
CITY OF JEFFERSON,MISSOURI STATE OF MISSOURI
OF E OF AD NI T ATION
Mayor
irector, Division of esign and
Construction
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ATTEST: APPRO
City C erk Commis 'oner, Office of Administration
} APPROVED AS TO FO
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