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HomeMy Public PortalAboutORD09842 i' i f BILL NO. INTRODUCED BY COUNCILMAN ��� .,•�Q ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI , AUTHORIZING AND i DIRECTING THE MAYOR AND CLERK TO EXECUTE A WRITTEN CONTRACT WITH THE TRUSTEES OF THE HEINRICH TRUST FOR THE LEASE OF PROPERTY AT INLOT 336 IN THE CITY OF JEFFERSON. I � I; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON, I I MISSOURI, AS FOLLOWS : I Section 1. The Mayor and City Clerk of the City of Jefferson, fMissouri, are hereby authorized and directed, for and in the name of the City, to execute a written contract between the City of I+ Jefferson, Missouri, and the Trustees of the Heinrichs Trust for the lease of property which is a part of Inlot No. 336, and which is currently being used as a part of Parking Lot #1 (Jefferson '1 Street) . J' Section 2. The contract shall be substantially the same in �j form and content as that contract attached hereto and made a parts 1ihereof as if fully incorporated herein. ! I� Section 3. This ordinance shall take effect and be in full force from and after its passage and approval. Passed 0 —cd t- Approved — ?Z- —4k* s 0 Gf res ' ent of thqFCouncil Mayor 1 ATTEST: City Clerk i I it !f I of J 0 CITY OF FERSO I F E jammN MAYOR: Louise Gardner Ame 29. 1987 11r. Tnomas D. Graham Graham and Graham Attorneys at Law • 04 East High Street Je•f Person City. MO 65101 Re., Lease o•f Property at Inlot .3-:36 1n the City o•f Je• • erson contract with the TI%(9t0(_1S;, of the Heinrich his letter Shall Serve As written not• cc.? that; Thci+ City of Je++erson, (.,!I-:,hes to e-.xercise the first r e n e w al C)P t1 011 on the 1--'­a P e r t,-, located on I ni(:)t -'3­36. Per (A r t j.C I(-:? 5 0+ the I(Pase E'NOCUteci the • irst day of Septembei,,, 11"7182,) between the 1"U'Ll,9 t e e is o- tne- H1,-:DLnrjcn 71"USt and the City Je-f+(-:wson. 5 i n CH'r c)s Directnr ol. Ti,ansportati,on cc: City Clerk John G Christy Municipal Building 320 L McCarty St, Jefferson City,NUssoud 65101 314 6346300 Direct Dial 634- LEASE This lease is made and entered into this .S" e_ day of �Ct,J.z , 1982, by and between the trustees of the Heinrichs Trust (hereinafter referred to as "Lessor") , and the City of Jefferson, Missouri (hereinafter referred to as "Lessee") . ARTICLE 1 LEASED PREMISES: Upon and subject to the terms, provisions, limitations, covenants, agreements and conditions hereinafter set forth, Lessor hereby leases and demises unto Lessee, and Lessee hereby takes and hires from Lessor the leased premises consisting of property currently occupied by Lessor as a parking lot upon a portion of Inlot No. 336 in the City of Jefferson, County of Cole, ® State of Missouri, more particularly described as follows: Part of Inlot No. 336, in the City of Jefferson, Missouri, more particularly described as follows: from a point on the southerly line of said Inlot, which is 50 feet, more or less, westerly of the southeasterly corner of said Inlot No. 336, and is also the southeasterly corner of a tract willed by Mary B. Heinrichs, deceased, to the City of Jefferson, Missouri, by Will of Record in Book 138, Page 104, Cole County Recorder's Office; thence northerly along the easterly line of said tract 96'9" to the point of beginning for this description; thence continuing northerly along the same line, 102 feet, to the northerly line of said Inlot; thence westerly along the said northerly line, 20'8", more or less, to the northeasterly corner of a tract conveyed to Frederick and Allen Lietzke, by Warranty Deed of Record in Book 251, Page 936, Cole County Recorder's Office; thence southerly along the easterly line of said Lietzke tract, 102 feet; thence easterly, and at right angles, 20'8", more or less, to the point of beginning. ARTICLE 2 TERM: To have and to hold the leased premises unto the Lessee, subject to the restrictions, provisions, conditions, and limitations herein contained, for a term of five (5) years, commencing on the 1st day of September, 1982, and ending on the 31st day of October, 1987, unless extended by renewal or terminated as hereinafter provided. As used herein, the expression "term hereof" refers to such initial term and to any renewal thereof. ARTICLE 3 USE OF LEASED PREMISES: The leased premises shall be used by Lessee for the purpose of a parking lot, and for no other purpose unless prior written approval is obtained from Lessor. ARTICLE 4 RENT: The Lessee shall pay the Lessor as rent for the leased { premises, the annual sum of $750 or 40% of the "space rental rate," r' ® whichever is greater. The "space rental rate" shall be the rate charged by the Lessee for the use of six (6) parking spaces on the parking lot, which consists, in part, of the leased premises. If the Lessee increases its "space rental rate," the rental rate paid to Lessor will increase only for those months the increased "space rental rate" is in effect. The rent will be paid in monthly installments each due and payable on the first day of each and every month of the term hereof, in advance. ARTICLE 5 OPTION TO EXTEND: Lessee shall have the right, at Lessee's option to extend this lease, under the same terms and conditions provided herein for the original term of this lease, for four (4) additional terms of five (5) years, by first giving written notice to Lessor of Lessee's election thereof not less than thirty days prior to the expiration of the original term hereof, or the expiration of any extended term hereof. ARTICLE 6 DEFAULT: The failure on the part of Lessee to pay any instal- lment of rent due hereunder within fifteen (15) days after the same shall become due shall, at the option of the Lessor, cause the forfeiture of this lease. Such foreiture shall not be effective unless Lessor has, by written notice, given Lessee an additional five days opportunity to correct the default in payment. ARTICLE 7 CANCELLATION: Lessee may cancel this lease upon sixty days written notice to Lessor. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day and year first above written. IOTREES F THE HEINRICHS TRUST am r f Hugl} � aggo r ohn Sturm CITY OF JEFFERSON, MISSOURI o ge r s field, . or , ATTEST: City Cler •