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) .
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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.
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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,
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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 -- $800,000.00 (any one
occurrence)
15. DESTRUCTION OF FACILITY.
In the event the premises and facility or any part of it shall
become damaged or destroyed by fire, explosion, or other casualty.
The State shall take such steps to expeditiously repair or rebuild
the structure.
The cost of the repairs and restoration described shall be
the sole responsibility of the State.
16. INDEMNIFICATION.
The parties herein shall assume any liability for all damages
or claims for damages which are the result of each party's
negligence and which are attributable to said party. The City does
not assume or accept any liability or responsibility for any
h" negligent acts or admissions of the State or the State's employees
and agents. The State does not assume or accept any liability or
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responsibility for any negligent acts or omissions of the City or
the City's employees and agents.
17. RENEWAL OPTIONS.
The City shall ha,39 the right to renew the term of this
agreement for two additional periods of twenty-four (24) years.
The renewal for each term shall be deemed to have been requested
unless the City notifies the State in writing of its intent to not
renew.
1$. 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.
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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.
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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
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TABLE OF CONTENTS
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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
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;. :.; FORCE MAJEURE.
WAIVERS. . . . . . . . . . . . . . . . . . . . 6
''. FREE PUBLIC USE. . . . . . . . . . . . . . . . . . . . . . . 6
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MANAGEMENT DURING FACILITY REPAIR/CONSTRUCTION. . . . . . . . 6
T:. NOTICES. . . . . . . . 6
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