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
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