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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 AND ETHEL HERMAN, HUSBAND ']
AND WIFE, RELATING TO THE USE OF THE BASEMENT, FIRST FLOOR AND FIRS` FLOOR
BALCONY IN THE CITY HALL BUILDING. I�
BE IT ORDAINED BY THE CITY COUNCIL .OF THE CITY 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, If
for and in behalf of the City, with David N. Herman and Ethel Hermarw,
husband and wife, relating to the use of the basement, first floor {i
and the first floor balcony in the City Hall Building.
SECTION 2. Said lease shall read in words and figures as follows: '
LE A_ SE 1�
HIS LEASE, made and entered into this 15th day of January, 1961, b)��
nd between the CITY OF JEFFERSON, MISSOURI, a Municipal Corporatioril,
of the County of Cole, State of Missouri, hereinafter called
'LANDLORD" and DAVID N. HERMAN AND ETHEL HERMAN, husband and wife,
of the County of Cole, State of Missouri, hereinafter called "TEN AM
WITNESSETH
That the Landlord does hereby demise and lease unto the Tenant the
remises 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 1019" located
i�
.on the basement floor, and the area occupied by the
elevator shaft and its machine room of the dim-
ensions 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
providing elevator service into the upper floors
of said building and adjacent building) and the
balcony above the first floor and at the rear of r
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 northeast-
erly 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 1/211 ; thence northerly parallel with the
easterly line of said Inlot 100 feet to the norther-
ly 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 express- I
ly reserves an easement over, upon and through the
premises leased and demised to the Tenant, as ;I
described above, for the purpose of having access,
I?
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 i{
by the Landlord, its officers, agents, servants, f
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employees and contractors in servic ng, 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 11
# in materials and items stored in the storage room."
'! O HAVE AND TO HOLD the said premises, together with all and singula
the improvements, appurtenances, rights, privileges and easements
thereunto belonging or in adn ise appertaining unto the said Tenand
8 8 )'�^' PP 8
iirom the 15th day of January, 1961, until and including the 14th da ,1
!jf January, 1971, a term of ten (10) years. I
��ELIVERY 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 tenancie ,
;and with the improvements now thereon in as good condition as at
present; provided, however, that if the demised premises shall be
vacant and ready for Tenant' s occupancy prior to the date herein pr -
j�vided for the commencement of the term Tenant shall be given j
possession for the purpose of installing fixtures and preparing the
remises for Tenant' s occupancy as soon as possible after the
signing of this lease without any rental being charged for such
occupancy prior to the beginning of the term hereof. Landlord
;further covenants that the demised premises and any such alteration +
and improvements will at the commencement of the terms hereof and I
!during the entire term hereof, conform to the laws, ordinances, rules
land regulations of all duly constituted authorities and will be in
condition suitable for the conducting of a retail store therein.
II6AILURE TO DELIVER PREMISES. The failure of the Landlord to deliver,
Isaid 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 equal,
1Ito that which shall have elapsed between the first day of said
(term and the date on which the demised premises are delivered to an
;;accepted by the Tenant.
Ii
�IRENTAL. 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
ll
!Ihereinabove described, the sum 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,
, 1961. Tenant shall pay such rent by check payable to the order of
(City Treasurer, Jefferson City, Missouri.
(COVENANT OF TITLE, AUTHORITY AND QUIET POSSESSION. The landlord
t,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, ;
Miens and encumbrances. Landlord further covenants and warrants that
�Af the Tenant shall discharge the obligations herein set forth to
Abe performed by the Tenant, the Tenant shall have and enjoy, duringl
i�the term hereof, the quiet and undisturbed possession of the II
;;demised premises, together with all appurtenances appertaining or J
;appendant thereto.
I
;THE LANDLORD AND TENANT FURTHER STIPULATE, COVENANT AND AGREE AS J{
l7OLLOWS: IIh
!'USES OF PREMISES. That the premises hereby demised shall not be us d
for any unlawful purpose during the term of this lease.
II !I
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SUBLETTING AND ASSIGNING. That Tenant may not assign this lease or !
sublet the whole or any part of the demise. premises without the ;F
written consent of the Landlord, but if Tenant does so with the conO,ent
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 to year. I
i�
FIXTURES. That Tenant may, on the termination of this lease or at
any time during the continuance thereof, remove drom said premises
all shelving and other fixtures, which it may have installed at
its own expense in said premises or otherwise acquired. i
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GAS AND ELECTRICITY. That the Tenant shall pay all charges for gas;
water and 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 regulations
of any duly constituted authority, present or future, affecting the
demised premises, at Landlord' s own expense.
PAIRS. That the Landlord shall be responsible for and keep all
xterior parts of the demised premises, the appurtenances thereto,
nd the building of which the demised premises may be a part, with
is appurtenances, in good, safe, tenantable condition, sightly in
ppearance, and in good order and repair. Landlord shall be liablel
r any damages sustained by Tenant resulting from the failure of
ndlord to make any of said repairs, provided, Landlord shall not
e responsible for clogging of plumbing fixtures nor similar items
n Tenant' s control. Tenant shall make all interior repairs in the
uilding located on the above described premises and no interior
repairs shall be made which will impair the structure of the above
escribed leased premises.
OISES AND ODORS. That the Landlord shall not rent or use any
roperty adjoining the demised premises, if any be now owned or
ereafter acquired by Landlord, nor shall the Landlord or Tenant use''
ny part of the building of which the demised premises are a part
or uses whereby noises will be created or obnoxious odors emitted, �+
r which. will increase the fire hazard.
AMAGE CLAUSE. That if the premises hereby demised shall, previous
o the beginning of the term hereof, or during the term hereof, be =
amaged or destroyed by fire or any other cause whatsoever, Landlor !
hall and will forthwith proceed to repair and/or rebuild the same,1
ncluding the improvements or betterments made by the Landlord or
enant, upon the same plan as immediately before such damage or
estruction occurred, and in the meantime, and until said premises
re rebuilt and put in good and tenantable order, the rents hereby �!
eserved, or a fair and just proportion thereof, according to the �?
ature and extent of the damage sustained, shall, until the said 'I
remises shall have been restored to the same condition as before
uch damage or destruction occurred, be suspended and cease, and if
errant shall have paid rent in advance, Landlord shall immediately
ay to Tenant an amount equal to that portion of the rent so paid in`l
dvance, payment of which is suspended. It is expressly provided,
owever, that if, by reason of such damage or destruction, the
emised premises are rendered untenantable, Tenant shall have they
ight and option of terminating this lease by giving Landlord written
otice of its decision to terminate within twenty days after such !�
amage or destruction occurs, and in the event Tenant gives such 'l
otice, this lease shall thereupon immediately terminate and end; ��
89
'�f Tenant does not give such written notice within twenty days afte
(such damage or destruction occurs, Landlord shall immediately
proceed to repair and restore said premises as hereinbefore provide dl's
;Landlord shall have this same right of terminating this lease „
;provided said damage or destruction occurs during the last three yea�'irs
of term hereof. lI
;INSURANCE. That Landlord shall keep the building of which the
;demised premises are a part or the whole insured against loss or f
:damage by fire to the extent of $75,000.00, including all improveme 'ts
�ialterations, additions and changes made by the Landlord or Tenant, � d
i.t is agreed that such insurance shall be carried for the mutual
'benefit of Landlord and Tenant, and all moneys collected from such
:insurance shall be used toward the full compliance with the
obligation of the Landlord assumed under the paragraph of this leas
!entitled "Damage Clause" .
lIf Landlord carried plate glass insurance, it shall be written in a
Inner to cover both Landlord and Tenant.
!iIt is mutually agreed by the parties hereto that the Tenant will
:carry adequate public liability insurance for the full protection o
IIthe Tenant and the Landlord.
11 EAT AND WATER. That Landlord shall furnish, and maintain, in
�igood working order, an adequate steam, vapor or hot water heating
!plant of sufficient capacity to maintain a temperature of 70
!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 7( o
;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 who e,
:!the use of which the Landlord has a right to grant to Tenant: or whi h
':the Landlord owns or controls.
il
;!LANDLORD TO PAY TAXES, ETC. That Landlotd shall pay all taxes,
jlassessmenta and other charges which may be levied, assessed or
charged against the demised premises.
( 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 t
ymake,then Tenant may, at Tenant' s option, after notice to Landlord,
�1perform any such affirmative covenant, or make any such payment, as
11andlord'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
ilamount!Landlord to Tenant, and Tenant shall have the right to deduct the
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
i`given in this paragraph is for the sole protection of Tenant, and i
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 which it may have i
i!by reason of any such default by Landlord. a
:'ALTERATIONS. That Tenant shall have the right and privilege at all
g P g
;!times during the continuance of this lease to make, at its own
;;expense, such changes, improvements, alterations and additions to !+
;the remised premises as Tenant may desire provided the Building
Commissioner and City Engineer of the Landlord certify in writing t6,
the Tenant that such changes, improvements, alterations and additions
'will not impair the structural strength of the building. Any changds,
limprovements, alterations and additions made by Tenant shall immediately
become the property of the Landlord and shall be considered as a part
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, ,:
that Tenant shall, at the expiration of this leases 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
(�a11 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 th111
Landlord shall reimburse the Tenant for all such additional expense.!
SIGNS. That Tenant shall have the right to place signs or other
dvertising devices, electrical or non-electrical, on the outside
ells of that portion of the building demised or within the demised
remises upon compliance with all ordinances of the Landlord
egulating signs*.
'PONDEMNATION. That if the demised premises or any part thereof
3hall be taken in any proceeding by the public authorities by condemnation
r otherwise, or be acquired for public or quasi-public purposes,
enant shall have the option of terminating this lease, in which
ase any unearned rent shall be refunded to the Tenant. In the
vent that only a portion of the premises shall be taken in any such!i
-ondemnation or other proceeding, and the remaining part of the
3remises shall be reasonably usable by the Tenant, and if Tenant elec; ts
of to terminate this lease, then the rent shall be reduced in the
3ame proportion that the amount of floor space in the demised
)remises is reduced by such condemnation or other proceeding. In 11
iny such proceeding whereby all or part of said premises are taken 11
#hether or not Tenant elects to terminate this lease, each party shall
De free to make claim against the condemning party for the amount of!i
he actual provable damage done- to each of them by such proceeding.
FORFEITURE FOR FAILURE TO PAY RENT. That if the rent above referred!
0, or any part thereof, shall be behind-hand or unpaid on the date
f payment by the terms hereof, and remain so for a period of thirty;i
30) days after written notice shall have been sent by registered
it to Tenant, at a later address to be designated, and also at
he demised premises, then and in such case it shall and may be
awful for the said Landlord, at Landlord' s option, to declare the
aid term ended and enter into said demised premises or any part q
hereof, either with or without process of law, and expel the said
enant, 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
epossess and enjoy the said premises as in Landlord' s former estate:
houdl the said term at any time be ended by the election of the
1,
ndlord, under the terms and conditions hereof, or in any other
y, the Tenant hereby covenants, and agrees to surrender and deliver
p the said premises and property peaceably to the said Landlord
mmediately upon the termination of said term.
EASE BINDING ON HEIRS, ETC. It is further hereby expressly agreed and
nderstood that all covenants and agreements herein made, shall
xtend to and be binding upon the heirs, devisees, executors,
dministratorsp successors in interest and assigns of both the said