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Home My Public Portal AboutORD10832 BILL NO. 66-211 SPONSORED BY COUNCILMAN NELSON ORDINANCE NO. /09'3 -!�L AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A LEASE AGREEMENT WITH COLE COUNTY, MISSOURI, FOR CITY PARKING LOT #4. 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 a . lease agreement with Cole County, Missouri, for City Parking Lot #4. Section 2. The agreement shall be substantially the same in form and content as the 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 /_�_Z Approved L' Presidin ficer Mayor ATTEST: City Clerk LEASE This agreement entered into this day of a,1_4 1987, by and between the City of Jefferson, hereinafte referred to as "Lessor", and the County of Cole, hereinafter referred to as "Lessee" . WITNESSETH: 1. PREMISES. Lessor hereby leases to Lessee and Lessee takes as Lessee upon the following terms and conditions a tract of land, commonly known as Lot ##4, situated in Jefferson City, Cole County, Missouri, and more particularly described as follows: Lots 1, 2, 3, 4 and 5 of a Subdivision of Inlot 347, in the City of Jefferson, County of Cole and State of Missouri. 2. TERM. The term of this lease shall be for a period of ten years, commencing on June 15, 1987. Ask 3. RENTAL. The rental for the ten-year period shall be the sum of Twenty Thousand Dollars ( $20, 000 . 00 ) payable in ten ( 10 ) installments of Two Thousand Dollars ($2,000.00) each payable on the fifteenth day of June, commencing on June 15, 1987. The rental for each of the two five--year renewal period shall be as mutually agreed upon by both parties. 4. USE OF PREMISES. Lessee agrees that the premises shall be used solely as a parking lot and that Lessee may not, without the written consent of Lessor, use the premises for any other purpose. Lessee shall, throughout the term of this lease, at its own cost and without any expense to Lessor, keep and maintain the premises, and Lessor shall not be obligated to make any repairs or replacements of any kind or description. 5. LESSOR COVENANTS. Lessor covenants and agrees that it does own and does hereby grant Lessee peaceable possession of the premises for the term of the lease without interruption by Lessor or any entity claiming under it. AUh 11 ON 6. LESSEE COVENANT. Lessee covenants and agrees to pay the rent as herein agreed when due, to peaceably and quietly surrender the premises to Lessor upon expiration of the lease, or upon sale of the premises to another entity under the provisions of Section 7. 7. RIGHT OF FIRST REFUSAL. In the event the Lessor desires to sell its interest in the premises and obtains a purchaser therefor, Lessor agrees to give Lessee the first opportunity to buy said interest at the price and on the terms so offered to the Lessor by the prospective purchaser. Said offer to Lessor by any prospective purchaser shall be a bona fide offer, reduced to writing, stating the terms and conditions of sale and the offer shall be signed by the prospective purchaser and acknowledged before a notary public stating that the offer and the terms and conditions stated therein are true. In the event lessee doss not exercise his first opportunity to purchase said real estate within twenty-five (25 ) days after receiving written notice of the offer from Lessor, any purchaser, other than the Lessee, may purchase said interest subject to the terms, options and conditions of this agreement at the price and on the terms of the offer so made, and Lessee shall surrender the premises upon 90 days notice. B. OPTION TO RENEW LEASE. Lessee is hereby given an option to renew his lease hold interest in the premises for two additional terms of five years each at the expiration of the term of this lease or the first renewal period, that a rental fee shall be the same as mutually agreed upon by both parties, payable on the fifteenth day of June. Lessee shall give Lessor six months notice in writing of his intention to renew the lease. The failure of Lessee to notify Lessor of its intention to renew the lease at least six months prior to the expiration shall be deemed to be waiver of Lessee's option to renew. The option to renew shall expire upon the sale cf the premises pursuant -Co Section 7. 9. ENTIRE AGREEMENT. This lease contains the entire agreement between the parties and may be amended only by written agreement signed by both parties. • IN WITNESS WHEREOF, we have hereunto sat our hands and seals on the day and year above written. CITY OF JEFFERSON � d yor ATTEST: c 1. ` City Clerk COLE COUNTY Presiding Commissioner Western District Commissioner astern District Commissioner ATTEST: County Clerk ,. tj- ► 0832- r CITY OF JEFFERSON . ENDMENT TO LEASE WHEREAS,the City of Jefferson, Missouri, a municipal corporation, hereinafter designated"Lessor," with offices at 320 East McCarty,Jefferson City,Missouri,65101,entered into a Lease for parking with the County of Cole,Missouri, hereinafter referred to as"Lessee,"with offices at Cole County Courthouse, 301 East High Street,Jefferson City,Missouri, 65101,for the period beginning June 15, 1987 and ending June 14, 1997; and WHEREAS,the Lease was for parking spaces on City Parking Lot#4, situated in Jefferson City, Cole County, Missouri, more particularly described as follows: Lots 1,2, 3, 4 and 5 of a Subdivision of Inlot 347, in the City of Jefferson, County of Cole and State of Missouri. WHEREAS,the parties wish to renew the Lease for a five (5)year period. NOW,THEREFORE,be it agreed as follows: 1. Section 2 of the Lease for the period beginning June 15, 1987 and ending June 14, 1997 is amended to read as follows: 2. TEEM. The term of this lease shall be for a period of five (5) years, commencing on June 15, 1997 and ending June 14,2000. 2. Section 3 of the Parking Lease for the period beginning June 15, 1987 and ending June 14, 1997 is amended to read as follows: 3. $ENTAI. The rental for the first five(5)year renewal option period shall be the sum of Ten Thousand Dollars($10,000.00)payable in ten(10)installments of Two Thousand Dollars ($2,000.00)each payable on the fifteenth day of June, commencing on June 15, 1997. The rental for the five (5)year option set out in Section 8 shall be as mutually agreed upon by both parties. 3. Section 8 of the Lease for the period beginning June 15, 1987 and ending June 14, 1997 is amended to read as follows: 8. QPTIQN IQ REATEW i.EASE. Lessee is hereby given an option to renew its lease hold interest in the premises for one(1)additional term of five(5)years at the expiration of the term of the first renewal period at a rental fee as mutually agreed upon by both parties, payable on the fifteenth day of June. Lessee shall give Lessor six(6)months notice in writing of its intention to renew the lease. The failure of Lessee to notify Lessor of its intention to renew the lease at least six(6) months prior to the expiration shall be deemed to be waiver of Lessee's option to renew. The option to renew shall expire upon the sale of the premises pursuant to Section 7. 4. All other sections of the Lease for the period beginning June 15, 1987 and ending June 14, 1997 shall remain in effect as previously amended. 1d IN TESTIMONY WHEREOF, the parties have hereunto set their hands and seals this 4;day of June, 1997. L'4.wiVm�rwt�U.uw4oM nwntyW.�iuy•WSA4 w.l UNITAN r,wl r � CITY OF JEFFERSON,MISSOURI COUNTY OF COLE,MISSOURI Mayor Donald C. Stockman Presiding Commissioner X 2�& A`TT City Clerk Eric D. Peters Western District Commissioner APPROVED FORM- ity Coun a or Michael D.F orck Eastern District Commissioner a:w.nr.ay.....w.wM ► .� . 2 . raw wMN�Y� , «w COURT ORDER : "ATE OF MISSOURI, � _ Mary Term,lfl 9 County of Cole . In the County Covet of said County on the 5th .day of June in the Year of Our Lord, 19 97 , the following,among other proeeedingd,were had: WHEREAS, The County of Cole has leased Parking Lot #4 from the City of Jefferson since June 1987, and WHEREAS, the County has greatly appreciated the location of this lot for convenience and safety in conducting County business WHEREAS, It is in the best interest of the County to retain this parking lot for use by County personnel and also for day to day use by the First United Methodist Church for their pre-school nursery, daily functions, weekend and evening services. NOW THEREFORE IS THE ORDER OF THIS COMMISSION, that as of June 15, 1997 the County will extended this lease under the same terms and conditions as the last lease for a period of five years. raw � • "�- Donald C. Stockman Presiding Commissioner Eric D. Peters Western District Commissioner ichae D. Fore;i: Eastern District Commissioner ATTLST': Jim. "Bill", Deeken, Clerk Cole County, Commission STATE OF MISSOURI, County of C01e �. I, Bill Deekm , Clerk of the Cole County Court, in and for said County, hereby certify the aboVO and foregoing to be a true copy of the proceedings of our said Cole County Court,on the day and year above written,as the same appears of record in my office. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of said Court, at office in Jefferson City, Missouri, this the 5th .® day of June , in the Year of Our Lord, 19 97 Clerk f the &ble County Court A/10 11 By ,D.C. 4+, , U o No 1 g x f.. E-4 C�