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HomeMy Public PortalAboutORD10928 BILL NO. 87-122 SPONSORED BY COUNCILMAN WOODMAN y' ORDINANCE NO. _,l6t;cP ' AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, RATIFYING THE AGREEMENT WITH THE STATE OF MISSOURI TO CONVEY CITY PARKING LOT NUMBER 17. BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The agreement to convey City parking lot number 17 to the State of Missouri as authorized by Ordinance No. 10816 is hereby ratified and the Mayor and Clerk are hereby authorized and directed to execute a deed and lease agreement with the State of Missouri as specified by said ordinance. Section 2. This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed �7 Approved Pres i fficer Mayor ATTEST: City Clerk LEASE AGREEMENT THIS AGREEMENT, made and entered into this /D day of , 1989, by and between the City of Jefferson, Missouifi, a municipal corporation hereinafter referred to as "City" and The Division of Design and Construction, of the Office of Administration, for the State of Missouri, hereinafter referred to as "State". WHEREAS, the City did deed to the State the following described real estate: The easterly 50 feet of Inlot NO. 96 and all of Inlots Nos. 97, 98 and 99, in the City of Jefferson, Missouri. WHEREAS, the State did agree to construct. on said property a parking facility to accommodate the needs of its personnel; and WHEREAS, the State did agree to lease to the City a portion of the facilities to be used for public parking as part of the consideration for the transfer of the above described real estate. NOW, THEREFORE, BE IT AGREED AS FOLLOWS: 1. DEFINITION OF TERMS. Ah "Department of Transportation" means that agency of the City of Jefferson, Missouri, having management and control of the establishment, operation and maintenance of the City's public parking facilities. "City" means the City of Jefferson, Missouri. "Facility" means the parking garage erected by the State on the property described above. "Director" means the Director of the City's Department of Transportation or his designee. "State" means the State of Missouri. "Parking Supervisor" means the Deputy Director of the Department of Revenue in charge of the Bureau of Parking. 2 . CONTRACT PERIOD. This contract shall be in effect from 1990, ?y through 2014. At the City's option, this agreement may be extended for two (2) additional twenty-four (24) year periods as provided in paragraph sixteen (16) . ��� 1 3. DEMISED PREMISES. That the State leases to the City and City takes as Lessee the following described property and appurtenances thereto commonly known as fifty contiguous parking spaces in the facility, for a term beginning the first day of , 1990, and extending through the thirty-first day of , 2014, upon the following terms and conditions: 4. CONSIDERATION. The consideration for the entering into of this agreement is the conveyance by the city of the following described property and the promises contained herein: The easterly 50 feet of Inlot No. 96 and all of Inlots Nos. 97, 98 and 99, in the City of Jefferson, Missouri. 5. ASSIGNMENT OR TRANSFER. The City shall not assign or transfer the Agreement nor any of the rights or privileges granted by it, or enter into any contract requiring or permitting the doing of any act under it by an independent contractor, unless otherwise expressly provided here, without prior written approval signed by the Director of Design and Construction. 6. CONDITION OF PREMISES. The City shall examine the premises, facilities and appurtenances prior to and as a condition precedent to its acceptance, and must be satisfied with the physical condition of those premises, and where upon the taking of possession shall constitute conclusive evidence of its receipt of the premises in a safe and sanitary condition, and in -good order and repair, unless otherwise specified in the Agreement. The City shall inspect the facility prior to the acceptance of the facility by the State of Missouri. 7. FUTURE CONDITION OF PREMISES. The City shall keep the premises, facility and appurtenances in a safe, sanitary and sightly condition, in good repair, and shall yield the same back to the State upon the termination of the Agreement in such condition and repair ordinary wear and tear excepted. If those premises and facility shall not be so kept by the City, the State may enter the premises (without such entry constituting a termination of the agrement, or interference with Y the possession of, or constructive or other eviction from those premises and facility) , and do all things necessary to restore the premises and facility to the condition here required. { 8. SIGNS AND ADVERTISING. The City shall not permit or place, post or cause to be placed or posted any sign, billboard, poster, advertising material or similar devices in view of the general public in or about the premises and facility without prior written approval signed by the Director of Design and Construction. Any such sign, billboard, poster, advertising material or similar devices not authorized may be removed by the State and all cost and expense resulting from that removal shall be charged to the City. 9. ALTERATIONS AND ADDITIONS. The City shall make no alterations or additions to the premises and facility without the prior consent of the State as evidenced by approval in writing signed the Director of Design and Construction. All alterations and or additions shall remains part of said premises and facility, unless the State shall otherwise elect as evidenced by prior approval in writing signed by the Director of Design and Construction. Said alterations and additions shall include, but are not limited to, lacks, bolts and all fixtures. 10. MAINTENANCE BY STATE. The State agrees to maintain the premises according to all provisions of the Agreement, from day to day in good condition and repair and agrees to do all things necessary toward that end. 11. FACILITY OPERATION STANDARD. The City agrees to operate the spaces subject to all provisions of the Agreement for the convenience of the public during the terms here and shall use and occupy the above premises solely for off-street parking of motor vehicles. 12 . HOURS OF OPERATION. The City agrees to operate its portion of the facility at least eight (8) hours a day, five (5) days a week, except when directed to do otherwise by the Director. 13 . CITY'S EMPLOYEES. The City agrees to select, employ and pay such personnel as may be required for the proper operation and supervision of its portion of the facility unless otherwise specifically provided for in the Agreement. The City agrees further that in performing the covenants, promises and conditions under the Agreement, it shall not discriminate against any worker, employee or applicant, nor against any member of the public, on account of race, creed, color, 3 sex, age, handicap, or national origin, nor otherwise commit an unfair employment practice. 14. INSURANCE. The City at the time or prior to the execution of the Agreement, agrees to furnish all the insurance required under the Agreement. Each such insurance policy as set forth in the Agreement shall contain a provision that the insurance policy cannot be cancelled unless the Director of Design and Construction has been notified not less than ten (10) days prior to the intended cancellation date. The insurance to be provided shall include the following coverage to be maintained during the life of the Agreement. 1. Worker's Compensation: Coverage: Statutory Missouri Worker's Compensation and Employer's Liability Coverage. f.; 2. Comprehensive General Liability: Coverage: Premises, Operations, and Elevators. Limits: Bodily Injury -- $800,000.00 (any one occurrence) Property Damage -- $800,000.00 (any one occurrence) 15. DESTRUCTION OF FACILITY. In the event the premises and facility or any part of it shall become damaged or destroyed by fire, explosion, or other casualty. The State shall take such steps to expeditiously repair or rebuild the structure. The cost of the repairs and restoration described shall be the sole responsibility of the State. 16. INDEMNIFICATION. The parties herein shall assume any liability for all damages or claims for damages which are the result of each party's negligence and which are attributable to said party. The City does not assume or accept any liability or responsibility for any h" negligent acts or admissions of the State or the State's employees and agents. The State does not assume or accept any liability or 4 ,'F:m responsibility for any negligent acts or omissions of the City or the City's employees and agents. 17. RENEWAL OPTIONS. The City shall ha,39 the right to renew the term of this agreement for two additional periods of twenty-four (24) years. The renewal for each term shall be deemed to have been requested unless the City notifies the State in writing of its intent to not renew. 1$. IMPROVEMENTS AND SUPPLIES. City shall furnish at its own expense such business equipment, materials and supplies necessary for the conduct of its portion of the facility. This shall include, but not be limited to, office equipment, supplies and accessories such as traffic cones, barricades and all incidentals required for the proper operation of the spaces. Within thirty (30) days of its occupancy, City shall provide personnel data on all employees working at the facility to the State. 19 . MAINTENANCE AND SECURITY. State shall provide regular cleaning of the facility and abutting sidewalks and maintain all in a clean and presentable condition. 20. TERMINATION. The City may at its option, terminate the Agreement in whole or in part at any time by giving the State sixty (60) days' written notice. The State shall have no right to terminate this agreement without the consent of the City. 21. PARKING FEES AND COMPENSATION. The City may charge for parking vehicles on the premises fees, rates and charges approved by the City Council. 22 . FORCE MWEURE. Neither the City nor State shall be deemed to be in breach of this agreement by reason of failure to perform any of its obligations under this agreement if, and to the extent that such failure is due to embargoes, shortages of materials, acts of God, acts of the public enemy, acts of superior governmental authority, sabotage, strikes, boycotts, labor disputes, weather conditions, riots, rebellion, and any circumstances for which it is not 1 responsible and which are not within its reasonable control. This provision shall not prevent either party from exercising its rights ;r•:` of termination here granted. 'i 5 � "i 23. WAIVERS. No waiver or default by either party of any of the terms, covenants or conditions of this agreement that are to be performed, kept and observed shall be construed as, or operate as, a waiver of any subsequent default of any of the terms covenants or conditions here contained, which are to be performed, kept and observed. 24. FREE PUBLIC USE. The entire facility shall be open to the public free of charge on Saturdays, Sundays and State holidays. 25. MANAGEMENT DURING FACILITY REPAIR/CONSTRUCTION. From time to time it may become necessary for partial or complete closure of a parking facility for structural or surface repairs or construction. The State will be responsible for scheduling repairs with its repair crews or its authorized contractors. State will make every effort to keep City aware of such scheduling and how it affects the use of each facility. City must cooperate and assist City as necessary during repairs. 26. HOTICE0. All "Notices" to be given by either party to the other shall be in writing and must be either delivered or mailed by registered or certified mail, return receipt requested, addresses as follows: To State: Attn: To City: City of Jefferson .- 320 E. McCarty Jefferson City, MO 65101 Attn: City Clerk or such other addresses as either party may hereinafter designate by a Notice to the other. The date of delivery of any notice shall be the date falling on the second full day after the day of its mailing. 'i 6 f`ti�is' ii 5' nt IN WITNESS WHEREOF, the parties have set their hands and seals t •,•.<' he day and year first abov e written. CITY OF JEFFERSON •;t, 5 May ATTEST: F ity Clerk DIVISION OF DESIGN &r CONS° N k.,:. . Title: Director OFFICE OF ADMINISTRATION ArJ Title . Commissioner { e.1;. 5 7 TABLE OF CONTENTS 4p DEFINITION OF TERMS. . . . . . . . . . 1 CONTRACTPERIOD. . . . . . . . . . . . . . . . . . . . . . . 1 DEMISEDPREMISES. . . . . . . . . . . . . . . . . . . . . . . 2 CONSIDERATION. . . . . . . . . . . . . . . . . . . . . . . . 2 ASSIGNMENT OR TRANSFER. . . . . . . . . . . . . . . . . . . . 2 CONDITIONOF PREMISES. . . . . . . . . . . . . . . . . . . 2 FUTURE CONDITION OF PREMISES. . . . . . . . . . . . . . . . . 2 SIGNS AND ADVERTISING. . . . . . . . . . . . . . . 3 ALTERATIONS AND ADDITIONS. . . . . . . . . . . . . . . . . . 3 MAINTENANCE BY STATE. . . . . . . . . . . . . . . . . 3 FACILITY OPERATION STANDARD. . . . . . . . . . . . . . . . . 3 HOURS OF OPERATION. . . . . . . . . . . . . . . . . . . . . . 3 CITY'S EMPLOYEES. . . . . . . . . . . . . . . . . . . . . . . 3 INSURANCE. . . . . . . . . . . . . . . . . . . 4 DESTRUCTION OF FACILITY. . . . . . . . . . . . . . . . . . . 4 ^., . INDEMNIFICATION. . . . . . . . . . . . . . . . . . . . . . . 4 5 RENEWAL OPTIONS. . . IMPROVEMENTS AND SUPPLIES. . . . . . . . . . . . . . . . 5 MAINTENANCE AND SECURITY. . . . . . . . . . . . . . . . . . . 5 TERMINATION. . . . . . . . . . . . . . . . . . . . . . . . PARKING FEES AND COMPENSATION. . . . . . . . . . . . . . . . 5 �2Fa: ';}' 5 ;. :.; FORCE MAJEURE. WAIVERS. . . . . . . . . . . . . . . . . . . . 6 ''. FREE PUBLIC USE. . . . . . . . . . . . . . . . . . . . . . . 6 �x MANAGEMENT DURING FACILITY REPAIR/CONSTRUCTION. . . . . . . . 6 T:. NOTICES. . . . . . . . 6 :,` 8