HomeMy Public PortalAboutORD08346 BILL NO.�2 _
INTRODUCED BY COUNCILMAN :2/
ORDINANCE NO.
AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR AND THE CI'T'Y
CLERK OF THE CITY OF JEFFERSON, MISSOURI, TO EXECUTE A LEASE, FOR
AND IN BEHALF OF SAID CITY, WITH DAVID N. HERMAN, INC. , RELATING
TO THE USE OF THE BASEMENT, FIRST FLOOR AND FIRST FLOOR BALCONY IN
THE CITY HALL BUILDING.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON,
MISSOURI, AS FOLLOWS:
Section 1. The Mayor and the City Clerk of the City of
Jefferson, Missouri, are hereby authorized and directed to execute
a lease, for and in behalf of the City, with David N. Herman, Inc.
relating to the use of the basement, first floor, and the first
floor balcony in the City Hall Building.
Section 2. Said lease shall read in words and figures as
follows:
L E A S E
THIS LEASE, made and entered into this day of
1971, by and between the CITY OF JEFFERSON, MISSOURI,
a Muni pal Corporation, of the County of Cole, State of Missouri,
hereinafter called "LANDLORD", and DAVID N. HERMAN, INC . , of the
County of Cole, State of Missouri, hereinafter called "TENANT",
WITNESSETH
That the Landlord does hereby demise and lease unto the
Tenant the premises situated in the City of Jefferson, County of
Cole, and State of Missouri, known and described as follows,
to-wit:
"All of the basement floor (excepting a storage room
17 'x 11 ' at the southwest corner of the building, and
the boiler room 27 ' x 10'9" located on the basement
floor, and the area occupied by the elevator shaft and
its machine room of the dimensions of 16' x 9' located
in the northwest quarter of the basement) , first floor
(excepting a space in the northwest quarter of the
first floor of the dimensions of 33 ' x 8' used as an
entrance to the elevator and an elevator shaft provid-
ing elevator service into the upper floors of said
building) and the balcony above the first floor and at
the rear of the first floor of the three ,story building
situated on the following described property: Part of
Inlot 479 of the City of Jefferson, Missouri, described
as follows : Beginning at the northeasterly corner of
said Inlot, thence southerly along the easterly line
thereof 100 feet; thence westerly parallel with the
northerly line of said Inlot 44 ' 4 1/2"; thence
northerly parallel with the easterly line of said
Inlot 100 feet to the northerly line thereof;
/ thence easterly along and with the northerly line
/ of said Inlot a distance of 44' 4 1/2" to the
point of beginning.
"Provided, that the Landlord specifically and
expressly reserves an easement over, upon and
through the premises leased and demised to the
Tenant, as described above, for the purpose of
having access , ingress and egress to the storage
room, boiler room and the elevator machine room
and elevator shaft in the basement of said premises
for use by the Landlord, its officers , agents,
servants, employees and contractors in servicing,
maintaining, adjusting, repairing and installing
a the elevator, any of its parts, machinery or
incidental apparatus , the furnace and boiler, as
located in the boiler room, and for the purpose
of removing from and placing in materials and
items stored in the storage room. "
TO HAVE AND TO HOLD the said premises, together with all and
singular the improvements , appurtenances, rights, privileges and
easements thereunto belonging or in anywise appertaining unto the
said Tenant from the 15th day of January, 1971, until and includ-
ing the 14th day of January, 1978, a term of seven (7) years.
DELIVERY OF PREMISES. The Landlord covenants that the
demised premises shall be delivered to the Tenant on the date
specified for the commencement of the term hereof, free and clear
of all tenancies , and with the improvements now thereon in as good
condition as at present, Landlord further covenants that the
demised premises and any such alterations and improvements will at
the commencement of the terms hereof and during the entire term
hereof, conform to the laws, ordinances , rules and regulations of
all duly constituted authorities .
FAILURE TO DELIVER PREMISES. The failure of the Landlord to
deliver said premises at the time and in the condition provided in
the paragraph hereof captioned "Delivery of Premises" shall give
Tenant the right either (1) to waive such default by Landlord, or
(2) to postpone the date of commencement of the term of this lease
and extend the date of the expiration thereof for a period of time
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equal to that which shall have elapsed between the first day of
said term and the date on which the demised premises are delivered )
to and accepted by the Tenant.
RENTAL. In consideration of the demise and leasing of the
premises aforesaid by said Landlord, the Tenant covenants ,
stipulates and agrees to pay to the Landlord as rental for said
demised premises hereinabove described, the sum of sixty-three
at thousand, eight hundred forty ($63,84'-'- . )O) dollars , payable at the
rate of seven hundred sixty ($760.00) dollars per month, in
advance, on the 15th day of each month during the continuance of
the term of this lease beginning January 15, 1971. Tenant shall
pay such rent by check payable to the order of the City Treasurer,
Jefferson City, Missouri.
COVENANT OF TITLE, AUTHORITY AND QUIET POSSESSION. The
Landlord covenants and warrants that Landlord has full right and
lawful authority to enter into the lease for the full term afore-
said, and that Landlord is lawfully seized of the entire premises
hereby demised and has good title thereto free and clear of all
tenancies, liens and encumbrances . Landlord further covenants and
warrants that if the Tenant shall discharge the obligations herein
set forth to be performed by the Tenant, the Tenant shall have and
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enjoy, during the term hereof, the quiet and undisturbed
possession of the demised premises, together with all appurtenances
appertaining or appendant thereto.
THE LANDLORD AND TENANT FURTHER STIPULATE, COVENANT AND
AGREE AS FOLLOWS:
USES OF PREMISES . That the premises hereby demised shall
not be used for any unlawful purpose during the term of this lease
SUBLETTING AND ASSIGNING. That Tenant may riot assign this
lease or sublet the whole or any part of the demised premises
® without the written consent of the Landlord, but if Tenant does so
with the consent of the Landlord, Tenant shall remain liable and
responsible under this lease.
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CONTINUED POSSESSION OF TENANT. That if Tenant continues to
occupy the premises after the last day of the term hereof and
Landlord elects to accept rent thereafter, a tenancy from month to
month shall be created and not a holdover tenancy from year to
year.
FIXTURES . That Tenant may, on the termination of this lease,
or at any time during the continuance thereof, remove from said
premises all shelving and other fixtures, which it may have
installed at its own expense in said premises or otherwise acquired
GAS AND ELECTRICITY. That the Tenant shall pay all charges
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for gas, water andelectricity used on said leased premises during
the term of this lease.
ORDINANCES. That Landlord shall comply with all Federal,
State, County and City laws and ordinances , and all rules and
regulations of any duly constituted authority, present or future,
affecting the demised premises, at Land'lord's own expense.
REPAIRS. That the Landlord shall be responsible for and keep
all exterior parts of the demised premises , the appurtenances
thereto, and the building of which the demised premises may be a
part, with its appurtenances, in good, safe, tenantable condition,
sightly in appearance, and in good order and repair, and the Land-
lord and Tenant agree that the premises as they now exist are in
such condition. Tenant shall make all interior repairs in the
building located on the above described premises and no interior
repairs shall be made which will impair the structure of the above
described leased premises .
NOISES AND ODORS. 'Mat the Landlord shall not rent or use
any property adjoining the demised premises, if any be now owned
or hereafter acquired by Landlord, nor shall the Landlord or
Tenant use any part of the building of which the demised premises
are a part for uses whereby noises will be created or obnoxious
odors emitted, or which will increase the fire hazard.
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OWNY11111MI: 11111
DAMAGE CLAUSE. That if the premises hereby demised shall,
previous to the beginning of the term hereof, or during; the term
hereof, be damaged or destroyed by fire or any other cause whatso-
ever, Landlord shall and will forthwith proceed to repair and/or
rebuild the same, including the improvements or betterments made
by the .Landlord, upon the same plan as immediately before such
damage or destruction occurred, and in the meantime, and until sai
premises are rebuilt and put in good and tenantable order, the
rents hereby reserved, or a fair and just proportion thereof,
according to the nature and extent of the damage sustained, shall,
until the said premises shall have been restored to the same
condition as before such damage or destruction occurred, be
suspended and cease. It is expressly provided, however, that if,
by reason of such damage or destruction, the demised premises are
rendered untenantable, and cannot reasonably be restored for a
period of one hundred and twenty (120) days. Tenant shall have the
right and option of terminating this lease by giving Landlord
written notice of its decision to terminate within twenty (20)
days after such damage or destruction occurs , and in the event
Tenant gives such notice, this lease shall thereupon immediately
terminate and end; if Tenant does not give such written notice
within twenty (20) days after such damage or destruction occurs ,
Landlord shall immediately proceed to repair and restore said
premises as hereinbefore provided. Landlord shall have this same
right of terminating this lease.
INSURANCE, That Landlord shall keep the building of which
the demised premises are a part or the whole insured against loss
or damage by fire to the extent of seventy-five thousand ($75,000. 0)
dollars, including all improvements , alterations, additions and
changes made by' the Landlord or Tenant. All moneys collected from
such insurance shall be used toward the full compliance with the
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`obligation of the Landlord assumed under the paragraph of this
lease entitled "Damage Clause".
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It is mutually agreed by the parties hereto that the Tenant
will carry adequate public liability insurance for the full
protection of the Tenant and the Landlord.
HEAT AND WATER. That Landlord shall, furnish, and maintain,
in good working order, an adequate steam, vapor or hot water heat-
ing plant of sufficient capacity to maintain a temperature of 700
Fahrenheit throughout the demised premises under all conditions of
outside temperature. Landlord further agrees to keep the demised
premises heated, at its own cost and expense, to a temperature of
700 Fahrenheit at all times when required by Tenant.
RIGHT OF WAY. That Landlord guarantees that during the term
hereof the Tenant shall have the continuous right of way to and
from any rear, front or side entrances to the demised premises
which is in use on the date of the execution of this lease, and the
right to the use of any right of way or alleyway either on or
adjoining the premises of which the herein demised premises are a
part or the whole, the use of which the Landlord has a right to
grant to Tenant or which the Landlord owns or controls.
UNPERFORMED COVENANTS OF LANDLORD MAY BE PERFORMED BY TENANT
That if Landlord shall fail to perform any of the affirmative
covenants to be performed by Landlord, pursuant to the terms of
this lease, or if Landlord should fail to make any payment= which
Landlord agrees to make, then Tenant may, at Tenant' s option, after
notice to Landlord, perform any such affirmative covenant, or make
any such payment:, as Landlord' s agent, and in Tenant 's sole
discretion as to the necessity therefor, and the full amount of the
cost and expense entailed, or of the payment so made, shall
immediately be owing by Landlord to Tenant, and Tenant shall have
the right to deduct-_ the amount thereof, together with interest at
the legal rate thereon from the date of payment, without liability
of forfeiture, out of rentals then due or thereafter coming due
hereunder. The option given in this paragraph is for the sole
protection of Tenant, and its existence shall not release Landlord
from the obligation to perform any of the covenants herein provided
to be performed by Landlord, or deprive Tenant of any legal rights
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which it may have b reason of an such default b Landlord.
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ALTERATIONS. That Tenant shall have the right and privilege
at all times during the continuance of this lease to make, at its
own expense, such changes , improvements, alterations and additions
to the demised premises as Tenant may desire, provided the Building
Commissioner and City Engineer of the Landlord certify in writing
to the Tenant that such changes , improvements, alterations and
additions will not impair the structural strength of the building.
Any changes, improvements , alterations and additions made by
Tenant shall immediately become the property of the Landlord and
shall be considered as a part of the herein demised premises .
Subject to the rights of adjoining owners and the terms of this
paragraph, Tenant may remove any party or other wall between the
demised premises and any adjoining premises, provided, however,
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that Tenant shall, at the expiration of this lease, at Tenant's
own expense, on written request from Landlord made on or before
sixty (60) days before the termination of the term hereof, replace
any wall so removed to as nearly as practicable the condition it
was in before such removal. Tenant shall also have the right to
build an extension or addition covering any property owned by
Landlord in the rear of the building covered by this lease. If at
the time of making any changes, improvements, alterations and
additions to the herein demised premises the Tenant is obliged, by
reason of any local ordinances, to expend moneys over and above
the sum necessary to alter the premises to suit the special needs
of the Tenant, then the Landlord shall reimburse the Tenant for all
such additional expense.
SIGNS . That Tenant shall have the right to place signs or
other advertising devices, electrical or non-electrical, on the
outside walls of that portion of the building demised or within
the demised premises upon compliance with all ordinances of the
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qp Landlord regulating signs.
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CONDEMNATION. That if the demised premises or any part
thereof shall be taken in any proceeding by the public authorities
by condemnation or otherwise, or be acquired for public or quasi-
public purposes , Tenant shall have the option of terminating this
lease, in which case any unearned rent shall be refunded to the
Tenant. In the event that only a portion of the premises shall be
taken in any such condemnation or other proceeding, and the remain-
ing part of the premises shall be reasonably usable by the Tenant,
and if Tenant elects not to terminate this lease, then the rent
shall be reduced in the same proportion that the amount of floor
space in the demised premises is reduced by such condemnation or
other proceeding. In any such proceeding whereby all or part of
said premises are taken, whether or not Tenant elects to terminate
this lease, each party shall be free to make claim against the
condemning party for the amount of the actual provable damage done
to each of them by such proceeding.
FORFEITURE FOR FAILURE TO PAY RENT. That if the rent above
referred to, or any part thereof, shall be behind or unpaid on the
date of payment by the terms hereof, and remain so for a period of
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thirty (30) days , at the Landlord 's option, the Landlord may
declare the whole of the balance of the rent due and payable, and
upon such declaration Tenant shall pay the rent for the balance of
the term or, at Landlord's option, the Landlord may declare the
said term ended and enter into said demised premises or any part
thereof, either with or without process of law, and expel the said
Tenant, or any person or persons occupying, in, or upon the said
premises, using such force as may be necessary to do so, and so to
repossess and enjoy the said premises as in Landlord 's former
estate. Should the said term at any time be ended by the election
of the Landlord, under the terms and conditions hereof, or in any
other way, the Tenant hereby covenants, and agrees to surrender
and deliver up the said premises and property peaceably to the said
Landlord immediately upon the termination of said term.
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LEASE BINDING ON HEIRS, ETC. It is further hereby expressly
agreed and understood that all covenants and agreements herein
made, shall extend to and be binding upon the heirs, devisees,
executors, administrators, successors in interest and assigns of
both the said Landlord and the said Tenant, and that no modifica-
tion of this lease shall be binding unless evidenced by an agree-
ment in writing signed by Landlord and signed in Tenant's name by
one of Tenant's duly authorized officers.
IN WITNESS WHEREOF, this Lease has been executed in tripli-
cate by the parties hereto, and Landlord has caused same to be
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signed in its corporate name by its Mayor and attested and sealed
by its City Clerk, the day and year first above written.
CITY OF JEFFERSON, MISSOUR
(Land d)
J
BY
Attest: John G. Christy, Ma o
M rgaret Chr:i.stian, City Clerk.
DAVID N. HERMAN, INC . ,
(Tenant)
Section 3. This ordinance shall be in force and take effect
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from and after its passage and approval.
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Passe 1 14 17 Approved
r F dent of the C cil May r
l `
Attest
ity Clerk
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