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HomeMy Public PortalAboutORD10816 BILL NO. 87-1 SPONSORED BY COUNCILMAN NELSON ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH THE STATE OF MISSOURI TO CONVEY CITY PARKING LOT #17. BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON,- MISSOURI, AS FOLLOWS: Section 1. The Mayor and Clerk are hereby authorized and directed to execute an agreement with the State of Missouri to convey City Parking Lot #17. Section 2. The contract shall be substantially the same in form and content as that contract attached hereto as Exhibit A. Section 3. The Mayor and Clerk are hereby authorized to execute an appropriate deed and leaseback agreement upon the performance by the State of Missouri of the terms and conditions of the agreement. Section 4. This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed Approved :: 2�, Ao Presi g Officer Mayor ATTEST: -CG City Clerk A G R E E M E N T THIS AGREEMENT made this day of �,.,� 1987, by and between the City of Jefferson, State of Aissouri, a municipal corporation, hereinafter called "City" and the State of Missouri, Office of Administration, hereinafter called "State" . WHEREAS . the State desires to purchase a site for construction of a parking garage in the City of Jefferson, Cole County, Missouri; and WHEREAS, the City owns property in the City of Jefferson, now being used as a parking lot, the location of which is suitable for the use by the State; and WHEREAS, it is to the mutual benefit of the City and the State to expand the site to provide additional parking capacity. NOW THEREFORE, in consideration of the mutual covenants and promises contained herein, the parties hereto agree as follows: 1. The City agrees to convey and the State agrees -to take from Mk City, all that certain tract of land, together with improvements thereon, lying and being situated in the County of Cole, State of Missouri, commonly known as Lot 17 and more particularly described as follows: All of Inlots 97, 98, 99 and the easterly ~` part of Inlot 96 fronting 50 feet on State Street and running back 198 feet 9 inches to a public alley in the City of Jefferson, Missouri; and the same hereinafter shall be called the Premises. The conveyance shall include all the City's right, title, and interest in and to all fixtures and articles of personal property attached or appurtenant to or used in connection with the premises, excluding, however, any such fixtures or personal property belonging to any tenants or subtenants. 2. In consideration for the conveyance of title to the property, the State agrees to construct a parking structure on the Premises with a goal of providing 500 parking spaces. The State further agrees to leaseback a portion of the premises to the City as provided herein and to make the full facility available to the public free of charge on Saturdays, Sundays. and state holidays. 3. It is understood between the parties that the State ' s ability to construct a parking structure is contingent upon sufficient money being appropriated by the General Assembly for that purpose. If the General Assembly fails to appropriate such funds by July 1, 1987, this Agreement shall be null and void. 4. It is further understood by the parties that -�-he City's willingness to convey the property as set ou'. ;1erein is contingent upon the sufficiency of the State appropriation to substantially meet the terms on which the parties have agreed and the contract shall be subject to ratification by the City Council after review of the actual final appropriation, if any, to determine its adequacy. 5. The City shall convey fee simple title to the premises by Warranty Deed. Title to be conveyed shall be good and marketable. free and clear of all encumbrances, easements or restrictions except as follows: a) The State shall devote the Premises only to the uses specified in the Urban Renewal Plan. b) Any state of facts as shown on an accurate survey of the Premises, provided the same does not render title unmarketable. o) Such state of facts as a personal inspection may disclose. d) Conditions, restrictions, and limitations of record none of which prohibit the use of the Premises for the operation of a parking garage or contain any reverter or forfeiture provisions. The City shall deliver to the State at closing, at the City's expense, a title policy insuring the State as fee owner of the Premises, subject to the matters set forth herein, and the usual standard exceptions of the title company issuing such policy. 6. Closing shall be held at the office of the City Counselor, 320 E. McCarty Street, Jefferson City, Missouri on or before July 1, 1987 or at such other time and place as the parties may mutually agree. 7. The City currently has leases with several tenants for parking spaces on the Premises. Prior to the time of closing the city shall terminate all the leases affecting the Premises then in existence. 8. At closing, the State shall receive a deed to the Premises from the City. Immediately upon receipt of the deed, the State. as landlord, shall enter into a lease of a portion of the Premises with the City as tenant, which lease shall be in the form of that annexed hereto as Exhibit A, and which shall provide inter alia, as follows: Alk a) The initial term shall be for 24 years and there shall be three 24-year option periods. b) No fixed rent shall be charged as this constitutes the consideration for the sale of the Premises. c) The entire structure shall be open to the public free of charge on Saturdays, Sundays and State holidays. d) The area rented shall be adequate to provide fifty (50) parking spaces together with ingress and egress. 9. Any notice to be given by either party hereunder shall be sent by registered or certified mail to the other at the following addresses: Ms. Louis Gardner, Mayor, City of Jefferson, 320 E. McCarty Street. Jefferson City, MO 65101, Mr. Ronald L. Norris, Director, Division of Design and Construction, P.O. Box 809, Jefferson City. MO 65102. 10. The agreement constitutes the entire agreement of the parties and may not be changed or modified except by agreement in writing signed by the parties. CITY OF JEFFERSON BY ATTEST: City Clerk COMMEN ED PROVAL: Ronald L . Norris , P . E . , Director Division of Design and Construction APPROVED: ohn A Peizer, issioner ffice of Administration 4500z