HomeMy Public PortalAboutORD10452 BILL NO.
SPONSORED BY COUNCILMAN
ORDINANCE NO. r '
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI , AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE A LEASE WITH DARRELL DUNAFON, JR.
FOR THE LEASE OF CERTAIN PROPERTY ON PARKING LOT 8.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON,
MISSOURI AS FOLLOWS:
Section 1. The Mayor and Clerk are hereby authorized and
directed to execute a lease with Darrell M. Dunafon, Jr. for
lease of certain property on Parking Lot S.
Section 2 . The lease shall be substantially the same in
form and content as that lease 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 �/-� - 5� Approved - f.95'
Pre 'ding. off ic r I Mayor
ATTEb
City C erk
AM
LEASE AGREEMENT
BETWEEN
CITY OF JEFFERSON
AND
DARRELL M. DUNAFON, JR.
Prepared: June 13, 1985
INDEX TO LEASE AGREEMENT
PAGE
ARTICLE I PREMISES AND PRIVILEGES
A. Description of Premises Demised 1
B. Use of Demised Property 2
ARTICLE II OBLIGATIONS OF LESSEE
A. Net Lease 2
B. Maintenance and Repair 2
C. Alterations and Repairs to Premises 2
D. Construction 2
E. Trash, Garbage, Etc. v 2
F. Signs 3
ARTICLE IV TERM OF LEASEHOLD 3
ARTICLE V RENTALS AND FEES
A. General 3
B. Time and Place of Payment 4
ARTICLE VI INSURANCE BY LESSEE
A. Liability Insurance 4
B. Restoration of Casualty Losses 4
ARTICLE 'VII TERMINATION OF LEASE, ASSIGNMENT
AND TRANSFER AND CANCELLATION
A. Termination 4
B. Cancellation 5
C. Waiver of Statutory Notice to Quit 5
D. Assignment and Subletting 5
ARTICLE VIII RIGHTS UPON TERMINATION
A. Fixed Improvements 6
B. Personal Property 6
ARTICLE IX GENERAL PROVISIONS
A. Lessor's Reserved Rights 6
B. Paragraph Headings 7
C. Notices, Consents and Approvals 7
D. Successors and Assigns 7
E. Amendments to Lease 7
June 13, 1985 1 of 1
LEASE AGREEMENT
IS AGREEMENT made and ejy red •into this � day
of 19 by and between the City of
Jeffe on ity, Missouri, a municipal corporation, hereinafter
designate as "Lessor" and Darrell M. Dunafon, Jr: , hereinafter
designated as "Lessee. "
WITNESSETH
WHEREAS, the Lessor now owns certain property known as
Parking Lot No. 8, located in Jefferson City, Missouri; and
WHEREAS, the Lessee is expanding his building to meet City
Code requirements, and
WHEREAS, the Lessee requires additional: area to store trash
containers on the described- premises .
NOW, THEREFORE, for and in consideration of premises and
mutual undertakings, 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 premises hereby leased is that certain tract of real
estate described as follows:
The South part of Inlot No. 468, in the City of Jefferson,
Missouri, more particularly described as follows:
From the Southwest corner of- Inlot No. 468; thence North .
along the west line, 68 feet, to the point of beginning of
this description; thence East, parallel with the south line
of Inlot No. 468, 25 feet; thence North, parallel with the
west line, 12 feet; thence West along the north line of a
tract of land conveyed to the Housing Authority of the City
of Jefferson, by deed of record in Book 222, page 1000 of
the Cole County Recorder's Office; 25 feet; thence South
along the west line of Inlot No. 468 to the point of
beginning and termination of this description.
comprising approximately 300 square feet total, as designated
upon a plat of said premises hereto attached and marked Exhibit
"A. "
1
B. USE OF DEMISED PROPERTY
Lessor, hereby grants Lessee the right to use said demised
premises for the purpose of storing trash containers. Lessee
shall not use or permit the use of any part of the leased
premises in any other manner than set forth above, without the
prior written consent of Lessor.
ARTICLE II
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 entirety of 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 premises at all times in
a safe, neat and sightly condition and shall not permit the
accumulation of any - trash or debris, except in proper containers,
on the premises.
C. ALTERATIONS AND REPAIRS TO PREMISES
Further, Lessee agrees not to construct, install, remove,
modify and/or repair any of the premises leased hereunder without
prior written approval of- the Director of the Department of
Transportation.
D. CONSTRUCTION
Lessee will construct an area to store trash containers on
the demised premises, and the Lessee agrees to submit, prior to
construction, plans for the construction of said area and obtain
the approval of the City Director of Transportation prior to
construction. Improvements so constructed by the Lessee on the
demised property shall be and remain the property of the Lessee.
Lessee also agrees to remove the stairway on said demised
property and relocate a comparable stairway to the South of the
demised premises on the Lessors property as directed by the
Director of Transportation. The demised premises will be
properly fenced and landscaped by the Lessee.
E. 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.
2
F. SIGNS
Lessee shall not erect, maintain, or display upon the
outside of any improvements on the demised premises any
billboards or advertising signs, unless approved by the City
Director of Transportation.
ARTICLE IV
TERM OF LEASEHOLD
The term of this lease shall be for five ( 5) years subject
to earlier termination for cause as rovided herein. The term of
tzeeement shall commence on A day of ,
Lessee is hereby given an option to renew hi. le ehold
interest in the demised premises for three (3) successive periods
of five (5) years each on the following terms and conditions:
(a) No default is existing or continuing in the performance
of any of the terms of this lease.
(b) Each renewal shall be on the same terms, covenants, and
conditions as 'provided. in this lease except, that there shall be
no privilege tc renew the term of this lease for any period of
time beyond the expiration of the third renewal term ( ,
2005) , and except that the rental charge shall be as gr ed by
and between the parties but not to exceed double the rate for the
prior term.
(r.) 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 Lessee.
ii. . need for the property for any other municipal purposes.
Lessee shall notify Lessor in writing of its intent to renew
at least 90 days prior to the expiration of the lease or any
renewal. Lessor shall notify Lessee of its consent or objection
within forty-five (45) days thereafter, .specifying any objection.
If Lessor fails to reply, its consent shall be implied and the
lease renewed on the identical terms of the then existing lease,
this clause excepted. Should the parties be unable to agree on
the rental rate for any renewal period the rate shall be 150% of
the rate of the then existing lease.
ARTICLE V
RENTALS AND FEES
A. GENERAL
For the ground area herein demised, Lessee shall pay to
Lessor a fixed annual rental of
Sixty Dollars and no cents ($60.00) . Said sum shall be paid
upon execution of this lease and all subsequent annual
3
r.
installments shall be due and payable on the first day of
each and every year hereafter.
C. TIME AND PLACE OF PAYMENT
Rentals shall be paid on or before the first day of
each year for the annual rental due hereunder.
All p#ymepts are to be made to the City of Jefferson, Department
of Transportation, Parking Division, 320 East McCarty Street,
Jefferson City, Missouri 65101, or such other place the Lessor
may direct Lessee, in writing.
ARTICLE VI •
INSURANCE BY LESSEE
A. LIABILITY INSURANCE
Lessee agrees to at all times maintain public liability
insurance in the amounts of not less than $100,000/$800, 000 with
reputable insurance companies, which insurance shall insure the
Lessee against any and all claims for damages arising from the
use, control, 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 and name the
City of Jefferson, Missouri as co-insured.
B. RESTORATION OF CASUALTY LOSSES
In the event of fire or other loss to the leased premises,
Lessee 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 an extent which substantially
interferes 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 resulting therefrom
and restore the surface condition of said. demised premises to' its
original condition, at which date this lease shall be deemed
cancelled. If said destruction is of such extent that complete
rebuilding is necessary, the Lessee may elect 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 VII
TERMINATION OF LEASE, ASSIGNMENT AND TRANSFER AND CANCELLATION
A. TERMINATION
This Lease shall terminate at the end of the full term
hereof or the option terms, if exercised, and Lessee shall have
no further right or interest in any of the ground improvements
hereby demised, except as provided in Article VIII .
4
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 ) become
due.
2. Abandon the demised premises. .
3. Discontinue its operations as outlined in Article I,
Section B.
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) days 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 of 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 Lessee for any. of the reasons set out , shall not
operate to bar, destroy or waive the right of Lessor to cancel
this Lease by reason of any subsequent violation of the terms
hereof.
C. WAIVER 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 B (Cancellation) , a notice of cancellation shall
be sufficient to immediately cancel this Agreement; arid, upon
such cancellation, Lessee hereby agrees that it will forthwith
surrender up possession of the demised premises to Lessor as set
forth in Article VIII.
D. ASSIGNMENT AND SUBLETTING
The Lessee shall not sublease, or assign this lease
without first obtaining the written approval of the City through
the Director of the Department of Transportation; but in such
event, Lessee shall remain liable to Lessor for the remainder of
the term of the lease to pay to Lessor any portion of the rental
and fees provided for herein. Said sublessee or assignee shall
not sublease or assign said lease except with the prior written
approval of Lessor and Lessee herein, and any assignment by the
Lessee shall contain a clause to this effect.
5
ARTICLE VIII
RIGHTS UPON TERMINATION
A. FIXED IMPROVEMENTS
At the termination of this Lease for any reason, Lessor
shall be entitled 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 Lessee 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
removal.
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. hereunder. If
Lessee fails to remove said improvements, 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 expense. 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
Adlbk 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 remove 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 if Lessee , fails to remove said
personal property, said property may thereafter be removed by
Lessor at Lessee 's expense.
ARTICLE IX
GENERAL PROVISIONS
A. LESSOR'S RESERVED RIGHTS
1. , Lessor reserves the right further to develop or improve
the parking area as it sees fit, regardless of the
desires or views of the 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.
6
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 purpose of inspection.
B. PARAGRAPH HEADINGS
lie paragraph headings contained herein are for convenience
in reference and are not intended to define or limit the scope of
any provision of this lease.
C. NOTICES, CONSENTS AND APPROVALS •
Whenever any notice or payment is required by this 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. . . .City of Jefferson
Department of Transportation
Airport Division
320 East McCarty Street
Jefferson City, MO 65101
LESSEE. . . .Darrell M. Dunafon, Jr.
Aft 1004 Northeast Drive •#F
Jefferson City, MO 65102
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 of
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.
7
IN WITNESS WHEREOF, the parties hereto have caused this
instrument to be executed as of the date first above mentioned. at
Jifferaon City, Missouri.
CITY OF JEFFERSON, MISSOURI
a Municipal Corporation
ATTEST:
Y
M or
City lerk LESSEE
APPROVAL AS TO FORM:
i y Counselor
Ak
z".
8
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