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HomeMy Public PortalAboutORD09809 i �I I I� f BILL NO. jA INTRODUCED BY COUNCILMAN sL !ORDINANCE NO. $ D 9 IAN ORDINANCE OF THE CITY OF JEFFERSON , MISSOURI , AUTHORIZING THE jMAYOR OF THE CITY TO SIGN AN APPROVAL OF A SUBLEASE BETWEEN BILLIE (JOAN DAWSON AND THE UNITED_ STATES OF AMERICA OF PROPERTY AT THE (MUNICIPAL AIRPORT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS : t SECTION 1. The Mayor of the City of Jefferson, Missouri , is hereby authorized and directed, for and in the name of the City, to execute an approval of a sublease between Billie Joan Dawson and the United States of America of property located at ' the Municipal Airport under the authority of the contract approved by Ordinance No. 8333 on February 2, 1971. SECTION 2 . A copy of said Sublease and approval is attached hereto and made a part hereof. ! SECTION 3.. This ordinance shall be in full force and effect from and after the date of its passage and approval. Passed Approved e�Asig%nt of the Counci Ulayo)f ® ATTEST: City er 1 I STANDARD FORM 2 FEBRUARY 1%5 EDITION U.S. GOVERNAMY'WQ ............. GENERAL SERVICES COP I ADMINISTRATION LEASE FOR REAL PROPERTY FPR(41 CFR)1-16,601 DATE OF LEASE LEASE NO. 4 June 1982 DACA41-5-82-68 ............ . ..... THIS LEASE, made and entered into this date by and between BILLIE JOAN DAWSON, an Individual, Lesee under Net Ground Lease dated 17 December 1970, by and between Jefferson City, Missouri, a Municipal Corporation, and James H. and Billie Joan Dawson, his wife, pursuant to Jefferson City Ordinance No. 8323 ............ whose address is c/o J. Dawson Management, Inc. 405 West Elm Jefferson City, Missouri 65101 and wbose interest in the property hereinafter described is that of owner-lessee. ... NIERICA,hereinafter called the Government:-Sublessee: .... hereinafter called the Lessor, and the UNITED STATES OF Al ........... WITINESSETH: The parties hereto for the considerations hereinafter mentioned, ccrvenant and agree as follows: ......... .......... ............ 1. The Lessor herebv leases to the Government the following described premises: _X lusive use of 11,880 square feet of har.gar space and 3,180 square feet of office area, located on the Municipal Airport, Jefferson City, Missouri 65101. ............. Said property is located in part of the NW-1/4 of Section 15, Township 44, Range 11 in Callaway County, State of Missouri. Also usage of washed down 'v area and parking area adjacent to said building. ............ ............ ............. ............ FUND CITATION: QJ 2001 20013Q018 2112065 208-6649 P3829 523028 ............ to be used for Governmental purposes. ............ ............ 7- TO HAVE AND TO HOLD the said premises with their appurtenances for the term beginning on ............ ---L_J_u1y___l982......................................... through ..... subject to termination and renewal rights as may be hereinafter set forth. ........... 3. The Government shall pay the Lessor annual rent of s..43,1-89-.9.8--4Eo==THREF,.-Ui Qu SAND ......... ONE HUNDRED EIGHTY-NINE AND 98/100 DOLLARS) ............ at the rate of 5-2,599-12.................................. per ......month----------------------------...............---..._ in arrears. - be made payable task F&A Officer, Omaha District Rent for a lesser period shall be prorated. Rent check s shall ........ COE, Omaha, NE to J. Dawson Management, Inc. , 405 S. Elm, Jefferson City, MO ........... ........... 65101 ...........1 4. The Government may terminate this lease at any time by giving at least.....3..._................ days' notice in writing to the Lessor and no rental shall accrue after the effective date of termination. Said notice 'shall be computed commenc- .......... ing with the day after the date Of,mailing. 5. ........... This lease shall automatically be renewed without further notice unless and ............ until the Government shall give notice of termination in accordance with paragraph 4; provided that adequate appropriations are available from year to ........... ......... year for the payment of rentals; and provided that this lease shall in no event extend beyond 31 December 1982. 2-106 .... ................... .............................. .......................................................................... ............... ... ............... 6. The Lessor shall furnish to the GovernViento 33 part of the rental consideration, the following: a It is understood and agreed between the parties hereto that the utilities ................. will be paid by the Government. b. Joinder herein by Jefferson City, Missouri, a Municipal Corporation, acting .............. by and through the Major thereof, constitutes written consent to sublease as ............... required by paragraph numbered 27 of the above-referenced lease dated 17 December ............... 1970, and subordination of the terms therein to the terms of this agreement. .............. .............. .............. c. Any requests relative to this lease should be sent to the District ............... ............... .......... AML Engineer, Department of the Army, Kansas City District, Corps of Engineers, ........ ATTN: XRKRE AN, 700 Federal Building, Kansas City, Missouri 64106. ............. ............ .......... .............. .............. .............. .......... 7. The following are attached and made a part hereof: A May 19 70 The General Provisions and Instructions (Standard Form 2-A. ..................... edition). ........... Paragraph 4 of the General Provisions and Instructions was modified; and paragraphs 17, 18, 19, and* 20 were added prior to execution. ............. .............. 8. The following changes were made in Ehis lease prior to its execution: ............ Paragraphs 3, 4, and 5 were modified prior to execution. ............. ............ ROOM............ IN WITNESS WHEREOF, the parries hereto have hereunto subscribed their names as of the date first above written. LESSOR BILLIE JOAN DAWSON, an Individual, whose address is in care of J. Dawson, Inc. , 405 West Elm, Jefferson City, Missouri 65101 BY. am -3 3218--------------------------- BILLIE JOAN DAWS Offis S.S. NO. (Si1nalurs) XffXMWX*= CITY (OF JEFFERSON® CITY, MO ............ /-------- ------------- ---------——---------—------------------------- 'si, TITLE (.iddreir) UNITED STATES OF AMERICA B. E. UPSCHULTE .......... By-------------------------------------------------------------- --------------- (Signiture) (offi(id filit) • STANDARD FORM 2 ... U.S.GOVERNMENT POINTING OFFICt: ID44 0-211-491 FEBRUARY!?65 EDITION ........... ..................... .. ....... ......................... ................... :......... ... ............ ... ....... .... .... ......... .......... ........... ... GENERAL PROVISIONS, GERTIFICATION AND INSTRUCTIONS ' U.S. Government Lease for Real Property GENERAL PROVISIONS 1. SUBLETTING THE PREMISES. contact, or to any benefit that may arise therefrom; but The Government may sublet any part of the premises but this provision shall not be construed to extend to this lease shall not be relieved from any obligations under this lease contract if made with a corporation for its general benefit. by reason of any such subletting. g, ASSIGNMENT OF CLAIMS. 2. MAINTENANCE OF t PEMISES. Pursuant to the provisions of the Assignment of Claims Aft The Lessor shall maintain the demised premises, including Act of 1940, as amended (31 U.S.C. 203, 41 U.S.C. 15), if the building and any and all equipment, futures, and ap- this lease provides for payments aggregating $1,000 or _ purtenances, furnished by the Lessor under this lease in more, claims for monies due or to become-due the Lessor y good mpair and tenantable condition, except in case of from the Government under this contract may be assigned damage arising from the act or the negligence of the Gov- to a bank, trust company, or other financing institution, ernment's agents or employees. For the purpose of so main- including any Federal lending agency, and may thereafter taining said premises and proper;, the Lessor may at be further assigned or reassigned to any such institution.Any reasonable times, and with the approval of the authorized such assignment or reassignment shall cover all amounts pay- = Government representative in charge, enter and inspect the able under this contract and not already paid, and shall not same and make any necessary repairs thereto. be made to more than one party,except that any such assign- ment or reassignment may be made to one party as agent 3. DAMAGE BY FmE OR OTHER CASUALTY. or trustee for two or more parties participating in such fi- If the said premises be destroyed by fire or other casualty nancing. Notwithstanding any provisions of this contract, this lease shall immediately terminate. In case of partial payments to an assignee of any monies due or to become destruction or damage, so as to render the premises unten- due under this contact shall not, to the extent provided in antable, as determined by the Government, the Government said Act,as amended,.be subject to reduction or set-off. may terminate the lease by giving written notice to the Lessor within fifteen (15) days thereafter; if so terminated 9. EQUAL OPPORTUNITY CLAUSE. no rent structionsor damagehall accrue andt fenot lessor so tearminatedcthe rent shall partial de- (The following clause is applicable unless this contract is be reduced proportionately by supplemental agreement hereto eremnt under she *vies, regulations, and relevant orders of effective from the date of such partial destruction or damage. the Secretary of Labor (41 CFR,ch.60).) During the performance of this contract, the Contractor agrees as follows: Tl-e GaYC- -s'. '. ,.u. (a) The Contractor will not discriminate against any em- of this lease to make alterations,,at-zcUU�l bl se and erect ployee or applicant for employment because of race, color, additions,structures or si. on the premises her re ligion, sex, or national origin. The Contractor will take . aMrmative action to ensure that applicants are employed, _ leased, which fi _ ooitions or structures so placed and that emnloyeeS are treated during employment, without upo ed to the said premises shall be and remain the property of the Government and may removed' or regard to their race, color, religion, sex, or national origin. o Such action shall include,but not be limited to,the following: Employment, upgrading, demotion, or transfer; recruitment 5. CONDITION REPORT. or recruitment advertising; layoff or termination; rates of ..` pay or other forms of compensation; and selection for train- A joint physical surrey and inspection report of the de- ing, including apprenticeship. The Contractor agrees to post mired premises shall be made as of the effective date of this in conspicuous places, available to employees and applicants lease,reflecting the then present condition,and will be signed for employment, notices to be provided by the Contracting on behalf of the parties hereto. Officer setting forth the provisions of this Equal Opportunity clause. = 6. COVENANT AGAINST CO*rTINGENT FEES. (b) The Contractor will, in all solicitations or advertise- == 8 The Lessor warrants that no person or selling agency has ments for employees placed by or on behalf of the Contractor, _ been employed or retained to solicit or secure this lease upon state that all qualified applicants will receive consideration an agreement or understanding for a commission, percent- for employment without regard to race,color,religion,sex,or age, brokerage, or contingent fee, excepting bona fide em- national origin. _ plo�ees or bona fide established commercial or selling agencies (c) The Contractor will send to each labor union or repre- '"` maintained by the Lessor for the purpose of securing busi- sentative of workers with which he has a collective bargain- i°={ ness. For breach or violation of this warranty the Govern- ing agreement or other contract or understanding, a notice, ;j ment shall have the right to annul this lease without liability to be provided by the agency Contracting Officer,advising the i or in its discretion to deduct fro m the rental price or con- Iabor union or workers' representative of the Contractor's ation : � sider , or otherwise recover, the full amount of such commitments under this Equal Opportunity clause, and shall commission, percentage, brokerage, or contingent fee. (Li- post copies of the notice in conspicuous places available to ceased real estate agents or brokers having listings on prop- employees and applicants for employment. .... erty for rent, in accordance with general business practice, (d) The Contractor will comply with all provisions of Ex- ...... and who have not obtained such licenses for the sole purpose ecutive Order No. 11246 of September 24, 1965, and of the of effecting this lease; may be considered as bona fide em- rules, regulations, and relevant orders of the Secretary of ployees or agencies within the exception contained in this Labor. clause.) (e) The Contractor will furnish all information and re- T. OFFICIALS NOT TO BENEFIT. ports required by Executive Order No. 1L?46 of September 24, 1965, and by the rules, regulations, ane- orders of the No Member of or Delegate to Congress, or Resident Com- Secretary of Labor, or pursuant thereto, and will permit ssioner shall be admitted to any share or part of this lease access to his books, records, and accounts by the contracting ........ 1 Standard Form S-A Gan*nl Satvicrs Adminiitntlmn PR(41 CFR) 1-16.501 May 1970 Edition :-T03 ,T agency and the Secretary of Labor for purposes of}mestiga- , this section in any existing agreement or concession arrange- Non to ascertain compliance with such rules, regulations,and ment or one in which the contracting party other than the orders. Lessor has the unilateral right to renew or extend the, agree (f) In the event of the Contr actor's noncompliance with nlent or arrangement, until the expiration of the existing the Equal Opportunity clause of this contract or with any agreement or arrangement and the unilateral right to renew of the said rules, regulations, or orders, this contract may or extend. The Lessor also agrees that it will take any and be canceled, terminated, or suspended, in whole or in part, all lawful actions as expeditiously as possible,with respect to and the Contractor may be declared ineligible for further any such agzectnent as the contracting acting agency may direct as Government contracts in accordance with procedures author- a means of enforcing the intent of this section,including,but ized in Executive Order No. 11246 of September 24, 1965, not limited to,Wrmination of the agreement or concession and and such other sanctions may be imposed and remedies in- institution of court action. voked as provided in Executive Order No. 11246 of Septem- :y = = her 24, 1965, or by rule, regulation, or order of the Secretary 11. F_cAMtf`IATfoN OF PJ=RD9. of Labor,or as otherwise provided by law. (NoTF—This provision is applicable if this lease was nego- (g) The Contractor will include the provisions of para- tiated without advertising.) graphs (a) through (gg) in every subcontract or purchase (a) The Utssor agrees that the Comptroller General of the order unless exempted by rules, reb-ulations, or orders of the United States or any of his duly authorized representatives Secretary of Labor issued pursuant to section 204 of Execu. shall, until the expiration of 3 years after final payment five Order No. 11246 of September 24, 1965, so that such pro- under this lease, have access to and the right to examine any visions will be binding upon each subcontractor or vendor. directly pertinent books, documents, papers, and records of The Contractor will take such action with respect to any sub- the Lessor involving transaction related to this lease. contract or purchase order as the contacting agency may (b) The Lessor further agrees to include in all his subcon- __ = direct as a means of enforcing such provisions, including tracts hereunder a provision to the effect that the subcont:•ae- sanctions for noncompliance: Pros-ided, however, That in the for age s that the Comptroller General of the United States --- event the Contractor becomes involved in, or is threatened or his representatives shall, until the ration of 3 years with, litigation with a subcontractor or vendor as a result of after final payment under this lease with the Government, such direction by the contracting agency, the Contractor may have access to and the right to examine any directly pertinent request the United States to enter into such litigation to books, documents, papers, and records of such subcontractor protect the interests of the United States, involving transactions related to the subcontract. 10. FACILITIES NONDISCRIMINATION. (a) As used in this section, the term "facility" means 12. AP.°LICABLF CODES A.-,-D ORDIN,6_1ICES stores, shops, restaurants, cafeterias, restrooms, and any The Lessor, as part of the rental consideration, agrees to other facility of a public nature in the building in which the comply with all codes and ordinances applicable to the ow-n- space covered by this lease is located. ership and operation of the building in which the leased space (b) The Lessor agrees that he will not discriminate by is situated and, at his own expense, to obtain all necessary segregation or othe=,nse against any person or persons be- per mits and related items. Cause of race, color, religion, sex, or national origin in furnishing, or by refusing to furnish, to such person or 13. INSPECTION. persons the use of any facility, including any and all services, At all times after receipt of Bids prior to or after ac s privileges, accommodations, and activities provided thereby. tnce of any Bid or during any construction, remodeling Nothing herein shall require the furnishing to the general renovation work, the premises and the building or any parts public of the use of any facility customarily furnished by the thereof, upon reasonable and proper notice, shall be accessi Lessor solely to tenants,their employees,customers,patients, ble for inspection by the Contracting Officer,or by architects, clients,guests and invitees. engineers, or other technicians representing him, to deter- ............ It is agreed that the Lessor's noncompliance with the mine whether the essential requirements of the solicitation or provisions of this section shall constitute a material breach the lease requirements are met of this lease. In the event of such noncompliance, the Gov- - - _ ernment may take appropriate action to enforce compliance, 14. ECONOMY.ACT LIMITATION. may terminate this lease,or may pursue such of'ner remedies as may be provided by law. In the event of term;nataon, the If the rental specified in this lease exceeds $2,000 per Lessor shall be liable for all excess costs of the Government annuru, the limitation of Section 322 of the Economy Act of in.acquiring substitute space, including but not limited to 1932,as amended (40 U.S.C.2^Fsa),shall apply. the cost of moving to such space. Substitute space shall be obtained in as close proximity to the Lessor's building as is 15. FAI.URE IN PL RMSANCE. feasible and moving costs will be limited to the actual ex- In the event of failure b the Lessor to provide an service penses thereof as incurred. Y P y , i (d) It is further agreed that from and after the date utility, maintenance or repairs required under this lease,the hereof the Lessor will, at such time as any agreement is to Government shall have the right to secure said services, be entered into or a concession is to be permitted to operate, utilities, maintenance or repairs and to deduct the cost include or require the inclusion of the foregoing provisions thereof from rental payment& of this section in every such agreement or concession pun- suant to which any person other than the Lessor operates or lE. LESSOR'S SIICCESSOIr3. has the right to operate any facility. N'othing herein The terms and provisions of this lease and the conditions con- tained, however, shall be deemed to require the Lessor to herein shall bind the Lessor,and the Lessor's heirs,executors, include or require the inclusion of the foregoing provisions of administrators,successors,and assigns. - - CERTIFICATION 1. CERTIFICATION of NOhStt1REGA7ED FACILITIES. By the submission of this bid,the bidder,offeror,applicant, (Applicable to (1) contracts, (2) subcontracts, and (3) or subcontractor certifies that he does not maintain or pro- agreements with applicants who are themselves performing vide for his employees any segregated facilities at any of his federally assisted construction contracts, exceeding $10,000 establishments, and that he does not permit his employees to which are not exempt from the provisions of the Equal perform their services at any location, under his control, Opportunity clause.) where segregated facilities are maintained. He certifies fur- 2 Standard Porn 3-• May 1970 Edition Lhor that he -alll not maintain or provide for h!s aniployees. prior to the award of subcontractss exceeding $10,000 which ".� any segregated facilities at any of his establishments, and are not exempt from the provisions of the Equal Opportunity that he will not permit his employees to perform their services clause; that he will retain such certifications in his files; at%my location,under his control,where se gated facilities and that he will forward the following notice to such pro. are maintained. The bidder, offeror, applicant or subcon- posed subcontractors (except where the proposed subcon- tractor agrees that a breach of this certification is a violation tractors have submitted identical certifications for specific of the Equal Opportunity clause in this contract As used in time periods): this certification, the term "segregated facilities" means any waiting rooms, work areas, rrst rooms and wash rooms, res. NOTICE To PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT TOR taurants and other eating areas,time clocks,locker rooms and CEI(TIVICATIONS OF NONSEGREGATM FACILITIES other storage or dressing areas, parking lots, drinking foun- tains, recreation or entertainment areas, transportation, and '� Certification of Nonsegregated Facilities must be sob- _ housing facilities provided for employees which are segre- mitred prior to the award of a subcontract exceeding$10,000 gated by explicit directive or are in fact segregated on the which is not exempt from the provisions of the Equal Oppor- basis of race, color, religion, or national origin, because tunity clause. The certification may he submitted either for of habit, local custom, or otherwise. He further agrees that each subcontract or for all subcontracts during a period (i.e., (except where he has obtained identical certifications from quarterly,semiannually,or annually). proposed subcontractors for specific time periods) he u-ill ob- Num: The penalty for making false statements in offers tain identical certifications from proposed subcont–actors is pre-,�cribed in 18 U.S.C. 1001. NOTE.—The penalty for making false statements in offers is prescribed in IS U.S.C.1001. INSTRUCTIONS 2. Whenever the lease is executed by an attorney, agent, and title of the officer or other person signing the lease on or trustee on behalf of the Lessor, two authenticated copies its behalf,duly attested,and,if requested by the Government of his power of attorney, or other evidence to act on behalf evidence of this authority so to act shall be furnished. of the Lessor,shall accompany the lease. 4. When deletions or other alterations are made specific = 2. tWhen the Lessor is a partnership, the names of the notation thereof shall be entered under clause $ of the lease partners composing the firm shall be stated in the body of the lease. The lease shall be signed with the partnership name, before signing. followed by the name of the partner signing the same. 5. If the property leased is located in a State requiring 3. Where the Lessor is a corporation, the lease shall be the recording of leases, the Lessor shall comply with all such signed with the corporate name, followed by the signature statutory requirements at Lessor's expense. 7 .i 3 rR:STL'IJ OFFIC- I380 0 - b41-526 (6179) Standard Por7r 7—A M" 1970 Ed ion Lease DACA41-5-82-68 GENERAL PROVISIONS (Continued) SF 2-A 4. ALTERATIONS. The Government shall have the right during the existence of this lease to make alterations, attach fixtures, and erect additions, structures, or signs in or upon the premises hereby leased. Such fixtures, additions or structures shall be and remain the property of the Government and may be removed prior to the expiration or termination of this lease. The lessor may, upon not less than 20 days written notice to the Government, before termination of the lease, require restoration of the leased premises. In this event, prior to the expiration or termination of this lease, or prior to relinquishment of possession, whichever first occurs, the Government shall, at its sole election, either (1) restore the premises to the same condition as that existing at the time of enter- ing upon the same under this lease, reasonable and ordinary wear and tear and damage by the elements or by circumstances over which the Government has no control excepted, _or (2) pay to the lessor a sum of money representin; either the diminution in the fair market value of the property due to the failure t� restore, or the actual cost of restoration, whichever is the lesser amount. 17. GRATUITIES TO GOVERNMENT L'�TLOYEES. (a) The Government may, by written notice to the Lessor, terminate the right AML of the lessor to proceed under this lease if it is found, after notice and hearing, by the Secretary of the Army or his duly authorized representative, that gratuities (in the form of entertainment, gifts, or otherwise) were offered or given by the lessor, or any agent or representative of the lessor, to any officer or employee of the Government with a view toward securing a lease or securing favorable treat- ment with respect to the awarding or amending, or the making of any determinations with respect to the performing, of such lease; provided, that the existence of facts upon which the Secretary of the Army or his duly authorized representative makes such findings shall be in issue and may be reviewed in any competent court. (b) In the event this lease is terminated as provided in paragraph (a) hereof, the Government shall be entitled (1) to pursue the same remedies against the lessor as it could pursue in the event of a breach of the lease by the lessor, and (2) as a penalty in addition to any other damages to which it may be entitled by law; to exemplary damages in an amount (as determined by the Secretary of the Army or his duly authorized representative) which shall be not less than three nor more than ten times the cost incurred by the lessor in providing any such gratuities to any such officer or employee. (c) The rights and remedies of the Government provided -in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under this lease. 18. PEST CONTROL. It is further understood and agreed that the leased premises will be maintained in a clean and sanitary condition, free from pests , and that the Lessor shall provide oes: control measures and pesticides that conform to local health department regulations. Lease DACA41-5-82-68 19. It is further agreed that this lease replaces and supersedes Leases DACA41-5-73-63, DACA41-5-78-82, DACA41-5-80-179, and DACA41-5-81-135 and that any alterations, fixtures, and improvements that may have been constructed and installed on the demised premises by the Government under such former lease shall be and remain the property of -the Government and may be removed or otherwise disposed of by the Government. 20. It is further agreed that the condition survey of the demised premises made for Leases DACA41-5-73-63, DACA41-5-78-82, DACA41-5-80-179 and DACA41-5-81=135 shall be considered by the parties to reflect the condition Of the premises at the time of commencement of the Government's occupancy and shall be incorporated herein by reference as and for the condition survey provided for in paragraph 4 of the General Provisions.