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Home My Public Portal AboutORD12577 T BILL NO. 96-135 1 SPONSORED BY COUNCILMAN Nilges ORDINANCE NO. w� „ AN ORDINANCE OF THE CITY OF JEFFERSON,MISSOURI, PROVIDING ADDITIONAL PARKING I SPACES FOR THE MISSOURI RIVER REGIONAL LIBRARY BY AUTHORIZING A LEASE FOR CERTAIN SPACES, AND PROVIDING FOR TWO-HOUR LIMITATIONS ON THOSE SPACES ENFORCED BY THE CITY. WHEREAS, the Missouri River Regional Library needs additional parking spaces for persons j utilizing services provided through the library;and I WHEREAS, the City has a parking lot,Lot No. 13,immediately adjacent to the library property on which ten spaces could be made available;and WHEREAS, it is in the best interest of the community that the spaces be made available to the library for use by patrons. NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI,AS FOLLOWS: i i Section 1. The Mayor and City Clerk are hereby authorized to enter into a lease agreement with the Missouri River Regional Library for ten parking spaces on Lot No. 13. Section 2. The agreement shall be substantially the same in form and content as that agreement attached hereto as Exhibit A. kr" Section 3. Section 19401, Schedule P(a)of the Code of the City of Jefferson, Missouri, is hereby amended by the addition of two-hour parking as follows: Lot 013-300 East High Street:ten(10)spaces along the cast side of the lot designated"Library Patron Parking." Section 4. This Ordinance shall be in full force and effect from and after the date of its ' y passage and approval. i Passed: ' 3 - y 7 Approved: Presiding Officer Mayor ATTEST: APPROVED AS TO FORM: ldl City Cler City Couns r f i I 1,k; 7 -� CITY OF JEFFERSON I ' LEASE AGREEMENT THIS LEASE, made and entered into by and between the City of Jefferson, Missouri, a municipal corporation ("City"), and Missouri River Regional Library ("Library"), for the purpose of renting certain parking spaces situated in Jefferson City,Missouri,more particularly described as follows: i. Prcrrrises. f The City hereby lenses unto the Library ten(10)parking spaces in City Lot 413 at High Street,Jefferson City, Missouri,identified in Exhibit A. 2. Term, The term of this Lease shall be for a one(1)year period beginning on the 5"'day of March,1997 and ending on E the 4t'day of March, 1998. j 3. Renewal Option. This Lease may be renewed for an additional one(1)year term by mutual agreement,provided said mutual agreement occurs prior to expiration of the then-valid term of the Lease. This option to extend the lease on a one(1)year basis may be exercised no more than four(4)times so that the final expiration date of the Lease shall be no later than March 4,2002. 4. Rental. Library agrees to pay to City as rent for the premises the sum of Twenty-Five Dollars($25.00)per space per month for a total for the rental of all spaces of Three Thousand Dollars($3,000.00)per annum,payable annually in advance until the termination of this lease,without delay,deduction or default. 5. Purposes. The premises shall be used for parking and for no other purpose without the written consent of City being first ti ,} obtained. 6. Operation of Lot. Library shall be solely responsible for appropriate signage on the lot to indicate the rules and regulations and the requirements for parking with the installation of said signage to be provided by City. The maintenance of the spaces and all enforcement actions shall be City's sole responsibility. 7. Repairs and Maintenance. Library represents that Library has inspected and examined the demised premises and accepts them in their present condition,and agrees that City shall not be required to make any improvements or repairs upon the premises demised or any part of them;City agrees to make all improvements and repairs at City's sole cost and expense,and agrees to keep the premises safe and in good order and condition at all times during the term,and upon expiration of this lease,or at any sooner termination,the Library will quit and surrender possession of the premises peaceably and in as good order and condition as the premises were at the commencement of the term,reasonable wear,tear and damage by the elements excepted. t 8. Assignment and Morteaee. Neither the demised premises nor any portion of them shall be sublet,nor shall this lease,or any interest in it be assigned,hypothecated or mortgaged by Library,and any attempted assignment,subletting,hypothecation c:\trod\conunctsVaracs\me river rvocnnl hbrnd\lea..e 1997.99 wpd t 1 •• •�, �—� or mortgaging of this lease shall be of no force or effect,and shall confer no rights upon any assignee,sublessee, mortgagee or pledgee. r In the event that Library shall become bankrupt or insolvent,or should a trustee or receiver be appointed to administer Library's business or affairs,neither this lease nor any interest here shall become an asset of such trustee or receiver, and in the event of the appointment of any such trustee or receiver, this lease shall immediately terminate and end. i 9. Termination. Either party may terminate this lease at any time it should be determined by it that ublic necessity and p Y convenience require it to do so,by serving upon adverse party in the manner subsequently provided,a written notice of it.s election so to terminate,which notice shall be served at least sixty(60)days prior to the date in the f notice named for such termination. If terminated,the rent will be pro-rated through the of termination. I i 10. Default. j In the event that Library shall be in default more than thirty(30)days of any payment of any rent or in the performance of any of the terms or conditions agreed to be kept and performed by Library,then in that event, City may terminate and end this lease,immediately,and City may enter upon the premises and remove all persons and property,and Library shall not be entitled to any money paid or any part of that money;in the event City shall bring a legal action to enforce any of the terms of this lease,or to obtain possession of the premises by reason of any default of Library,or otherwise,Library agrees to pay City all court costs of such legal action,plus the sum of Five Hundred Dollars($500.00). 11. Holding Over. I In the event that Library shall hold over and remain in possession of the demised premises with the consent of City,that holding over shall be deemed to be from month to month only,and upon all of the same rents, terms,covenants and conditions as contained here. 12. Notices. Any notices that are required here,or which either City or Library may desire to serve upon the other,shall be in writing and shall be deemed served when delivered personally,or when deposited in the United States mail,postage prepaid, return receipt requested, addressed to Library at 214 Adams Street,Jefferson City, Missouri,65101 or addressed to City at 320 East McCarty,Jefferson City,Missouri,65101. 13. Advance Rental City acknowledges receipt of the sum of Three Thousand Dollars($3,000.00),which shall be credited by City for rent through March 4, 1998. 14. ter, Waiver by City of any default in performance by Library of any of the terms,covenants,or conditions contained here,shall not be deemed a continuing waiver of that default or any subsequent default. 15. Compliance With Laws Library agrees to comply with all laws,ordinances, rules and regulations that may pertain or apply to the demised premises and their use. 16. City May Enter. W � J �.✓ Library agrees that City,its agents or employees,may enter upon the premises at any time during the term or any extension of it for the purpose of inspection,maintenance,digging test holes,making surveys,taking . I s c:\tracf\conlractz\leanee\mo nver mponnl library\bane IJU1.4N.wpd .2. _ I =.t 1 . S —1 measurements,and doing similar work necessary for the preparation of plans for construction of buildings or improvements on the premises,with the understanding that the work will be performed in such a manner as i .. to cause a minimum of interference witli the use of the property by Library. 17. Successors in Interest, All of the terms,covenants and conditions contained here shall continue,and bind all successors in interest of Library and the City. IN TESTIMONY WHEREOF,the parties have hereunto set their hands and seals this �G day of March, 1997. CITY OF JEFFERSON,MISSOURI MISSOURI RIVER REGIONAL LIBRARY Mayor President A EST: ATTEST: City Clerk Title: 17tt51 (sS 1 hq�t/ �cCnatt�a�1� ,i -j APPROVED AS TO M: City CeidAefor S. i I 1 i i a ,t _ r t 1 t' 1.. I t c:\trerl\mntractx\1—s\mo ri"r nCiand Unry\I—e 1997.9B.wpd 3 t.. � v Al '^'°`•^'•""'"^.".."'-..^- r r 4 4 J 1 4 1 is d. 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