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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 ii J1'-'i'at{.R,ttl'a. ��\� ( 'ri'1 F 1 .�:r.( i �t. �'1' •? ✓ '`"7'<<;%�.ia. -'7_ �-?�..•.�-+ .;^'--�-•---* Y'Sit ✓.[ ) 't a 9 i :;!. y c,i`. ! t i ..( / �}rr�T^m-�-m-.w7'T"T.'"'J*++t'T+.�.7•r-.r.,4. , 4.;r..11 i.:Q'�a l�'.:s-•':' 't�. a' S' r. 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