HomeMy Public PortalAboutORD08939 1 BILL NO.
INTRODUCED BY COUNCILMAN
ORDINANCE NO. A 9 3 9
AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR AND THE CITY
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
1977, by and between the CITY OF JEFFERSON, MISSOURI, a Municipal
Corporation, of the Count of Cole State of Missouri hereinafter )
p � y >
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, including a storage room 17'x 11'
at the southwest corner of the building, (but excepting the
boiler room 27'x10'9" 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
i quarter of the basement) , first floor (excepting a space in
I 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 providing 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 i
thereof 100 feet; thence westerly parallel with the northerly )
line of said Inlot 44' 4k"; thence northerly parallel with
the easterly line of said Inlot 100 feet to the northerly
line thereof; thence easterly alongg and with the northerly
line of said Inlot a distance of 44' 4h" to the point of
beginning.
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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 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, 1978, until and including
the 14th day of January, 1988, a term of ten (10) 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 condi-
ition as at present. Landlord further covenants that the demised
remises 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
onstituted authorities .
FAILURE TO DELIVER PREMISES. The failure of the Landlord to
eliver said premises at the time and in the condition provided in
the paragraph hereof captioned "Delivery of Premises" shall give
enant the right either (1) to waive such default by Landlord, or
2) to postpone the date of commencement of the terms of this lease
and extend the date of the expiration thereof for a period of time
equal to that which shall have elapsed between the first day of
said term and the date on which the demised premises are delivered
o and accepted by the Tenant.
RENTAL. In consideration of the demise and leasing of the
premises aforesaid by the Landlord, the Tenant covenants, stipulates
premises
agrees to pay to the Landlord as rental of the said demised
hremises hereinabove described, the sum of one thousand, one
undred ($1,100.00) dollars per month for the first five S ears
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iof said lease, said monthly rental due and payable in advance on �
the 15th day of each month during the continuance of the term of
the lease, beginning on January 15, 1978. Tenant shall pay such
rent by check payable to order of the City Treasurer, Jefferson
l City, Missouri.
On January 15, 1983, the monthly rental for the demised
premises shall be adjusted to reflect any changes based on the 1967
Consumer Price Index. The Index issued on January 1, 1978, or the
nearest date thereto, shall be the base index and that index issued
on January 1, 1982, or the nearest date thereto, shall provide the
other basis for such determination of the adjusted monthly rental,
with the difference in percentage of the two indexes to be applied
® to the sum of one thousand, one hundred ($1,100. 00) dollars to
determine the new monthly rental to be paid by Tenant to Landlord
on a monthly basis for the period of January 15, 1983, through
January 14, 1988. The monthly rental so calculated for the second )
five (5) year period of this lease shall be paid in the same man ner
as the monthly rental for the first five (5) year period.
COVENANT OF TITLE, AUTHORITY AND QUIET POSSESSION. The Land-
lord covenants and warrants that Landlord has full right and lawful
authority to enter into the lease for the full term aforesaid, 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 enjoy,
during the term hereof, the quiet and undisturbed possession of the
demised premises , together with all appurtenances appertaining or
appendant thereto. Provided, however, in the event that the Land-
lord becomes disseized of its title to the premises demised finally
by a Court of competent jurisdiction by reason of any reversionary
clauses in any deeds or conveyances by which Landlord obtained
title, then in such event, such decree will be followed and there
shall be no damages due Tenant from Landlord for the breach of any
of the terms of this lease, nor shall Landlord have any further
liability to Tenant whatever.
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OPTION TO PURCHASE, If during the term of this lease the
Landlord decides to sell the premises herein leased, the Tenant
shall be given first option to purchase said premises .
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 not 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.
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 toyear.
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
ELECTRICITY. That the Tenant shall pay all charges for
electricity 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 regu-
lations of any duly constituted authority, present or future,
affecting the demised premises , at Landlord'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 .
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NOISES AND ODORS. That 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
fuse 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.
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 said
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 condi-
tion 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 on
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 forty-five (45) 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 forty-five (45)
days after such damage or destruction occurs , Landlord shall imme-
diately proceed to repair and restore said premises as hereinbefore
provided. Landlord shall have this same right of terminating this
lease.
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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 ($75,000.00)
dollars , including all improvements , alterations , additions and
changes made by the Landlord or Tenant . All moneys collected from `
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such insurance shall be used toward the full compliance with the
`® obligation of the Landlord assumed under the paragraph of this
lease entitled "DamageClause"
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 heating
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
70° Fahrenheit at all times when required by Tenant. Landlord
will furnish water for normal use of 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, aft
notice to Landlord, perform any such affirmative covenant, or make
any such payment, as Landlord's agent, and in Tenant 's sold discre-
tion 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 rat
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
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, and its existence shall not release Landlord from the obligation t�
:; perform any of the covenants herein provided to be performed by
;; Landlord, or deprive Tenant of any legal rights which it may have
±! by reason of any such default by Landlord.
ii ALTERATIONS. That Tenant shall have the right and privilege
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11at all times during the continuance of this lease to make, at its
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own expense, such chagnes, improvements, alterations and additions
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!� to the demised premises as Tenant may desire, provided the Buildin
? Commissioner and City Engineer of the Landlord certify in writing
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Ito Tenant that such changes, improvements , alterations and additiolls
will not impair the structural strength of the building. Any Chan es,
11improvements, alterations and additions made by Tenant shall immed -
�tately become the proeprty of the Landlord and shall be considered
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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 adjoi -
ing premises, provided, however, 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
111of the term hereof, replace any wall so removed to as nearly as
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ipracticable the condition it was in before such removal. Tenant
1ishall also have the right to build an extension or addition cover-
ing any property owned by Landlord in the rear of the building cov�
�; ered by this lease. If at the time of making any changes, improve-
ments, alterations and additions to the herein demised premises
{ the Tenant is obliged, by reason of any local ordinances, to expen
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moneys over and above the sum necessary to alter the premises to
suit the special needs of the Tenant, then the Landlord shall reim
burse the Tenant for all such additional expense.
SIGNS. That Tenant shall have the right to palce signs of
4 other advertising devices, electrical or non-electrical, on the
outside walls of that portion of the building demised or within the
idemised premises upon compliance with all ordinances of the Land-
lord regulating signs.
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CONDEMNATION. That if the demised P Y P remises or an art therQj
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;,of shall be taken in any proceeding by the public authorities by
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'condemnation or otherwise, or be acquired for public or quasipubli
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{'purposes, Tenant shall have the option of terminating this lease,
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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
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1`lany such condemnation or other proceeding, and the remaining part of
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;the premises shall be reasonably usable by the Tenant, and if Tena t
Kn lects not to terminate this lease, then the rent shall be reduced
t am proportion that the amount of floor space in the demis d
he same pr p t p
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premises is reduced by such condemnation or other proceeding. In
l�any such proceeding whereby all or part of said premises are taken
whether or not Tenant elects to terminate this lease, each party
ishall be free to make claim against the condemning party for the
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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 remian so for a period of
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,
ilusing such force as may be necessary to do so, and so to repossess
and enjoy the said premises as in Landlord's former estate, Shoul
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 im-
mediately upon the termination of said term.
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+� LEASE BINDING ON HEIRS, ETC. It is further hereby expressly
jagreed and understood that all covenants and agreements herein mad ,
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 modification of this lea e
shall be binding unless evidenced by an agreement in writing signs
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 triplicat
by the parties hereto, and Landlord has caused same to be signed i
its corporate name by its Mayor and attested and sealed by its Clerk,
the day and year first above written.
CITY OF FF SON, SSOURI
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BY
Y
Attest:
CITY CLERK
DAVID N. HERMAN, INC.
Br(
Tenan
Section 3.. This ordinance shall be in force and take effect
from and after its passage and approval.
Passed 7 /9 27 Approved - o
r s7i4lent o t Council
Attest:
Ci y Clerk
LM
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