Loading...
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. i I i Alk 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 - 2 - it 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. - 3 - I � �I i; i 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 . - 4 - I' ;I i �I i ij 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. I 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 ` - 5 - i i i� 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 - 6 � k k t , 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 i� 11at all times during the continuance of this lease to make, at its Ti own expense, such chagnes, improvements, alterations and additions i{ !� to the demised premises as Tenant may desire, provided the Buildin ? Commissioner and City Engineer of the Landlord certify in writing I, 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 i 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 ,1 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 f 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. i 7 • • i CONDEMNATION. That if the demised P Y P remises or an art therQj j ;,of shall be taken in any proceeding by the public authorities by i 'condemnation or otherwise, or be acquired for public or quasipubli i; {'purposes, Tenant shall have the option of terminating this lease, 1 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 i 1`lany such condemnation or other proceeding, and the remaining part of 1 ;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 ;i 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 i 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. 8 i it i� it ti +� 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 0 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 9