HomeMy Public PortalAboutORD05130 from and after its passage and approval .
Passed 2/7 1949 Approved 3Z1 1949
J. T. Blair Jr. 0 . T. Blair!. Jr.
real a nt,-.of ounc-IT M9 or
Attest:
Henry W. Ells
ity Ulerk
AN ORDINARCE AUTHORIZING .THE MAYOR. OF THE CITY ".OF JEFFERSOId, MISSOURI ,
A MUNICIPAL CORPORATION, TO SIGN AnvD EXECUTE A CERTAIN LEASE ON THE
FART OF THE CITY 'OF aFFERSOR p M ISSOUIR', AS. HEREINAFTER SETCOVT' ' " :
BE IT ORDAI NED BY THE CITY COUNCIL OF 'THE CITY. OF JEFFERSON. MISSOURI,
AS FOLLOWS: .
Section 1, The Mayor of the ity of Jefferson, Missouri,
a municipal corporation, is hereby aOthorized and directed to sign
A n& execute on- behalf - of. the City, of, Jefferson,, .Missouri, a. certain
lease, the terms of said lease to be as follows, to wit:
LEASE,
THIS• INDENTURE 'OF. LEASE,, . made. and. entered. into. this. . . . , day".of•.:
1949, by and between the City of Jefferson, Missouri,
a Municipal Oorporation, of the Cbuhty, of, Cole, and State of Missouri,
hereinafter called "Landlord", and C. 0. Millsap, Emma L. Millsap and
C;. bfi'.. Millbao• d/b/A'.Millsap hors;:4,,. a.,partnership,. of. the Pity. nr.
Jefferson, County of Cole, and State of Missouri, hereinafter called
the "Teh4ih TM'p WITNESSETH: :.
"" That.the�Landlord..does.•hereb. , demise and lease unto the Tenant
the premises situated in the City of Jefferson, County of Cole, and
ftat•&'of M143souri,. .known,-and described'.as. follows.,' to wit:
A11.°._the,_basement_, first floor an'd.._balcony. (exccpting
a storage room,.-.171 x 11 ' at the southwest -.corner'. of the
building and also the boiler room and the use of passage-
way thereto from Mnnoe St. , and excepting space in north-
we:st.'corner'af: first floor approximately 7' X 17:1; f"o:=eni-
trauce lobby and staiway to upper floors) of that three
story building Situate on tYie following :described properzi :
Part of Inlot 479 of the Oity of Jefferson, described as
fo'1lo*s . Beginning at the northeasterly line thereof loo
feet; thence westerly parallel with the northerly line of
said Inlot 44141' '; -thence northerly parallel with the
easterly line of said Inlot 100' to the northerly line
thereof; thence easterly along the northerly line to the
point of beginning.
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,tnto
the said Tenant from the 14th day of September, 1950, for, during
and until the 14th day of September, 1960, a term of tern (10) years.
DELIVERY OF PREXISES. The Landlord covenants that the derr.ised
premises shall be delivered to the 'tenant on the date specified for
the commencement of the term hereof, free acid clear of all tenenelds?
and with the improvements now thereon in as good condition as at
present, together with the alterations and improvements, if any, to
be made by Landlord; provided, however, that if the demised premises
shall be vacant and ready for Tenant's occupancy prior to the date
herein provided for the canmencement of the term Tenant shall be
given possession for the purpose of installing and preparing the
premises 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 to the term hereof. Landlord furhter covenant
that the demised premises and any such alterations annd improvements
will at the commencement of the term hereof and during the entire ten
hereof, conform to the laws, ordinances, rules and regulations of
all duly constituted authorities and will be in a condition suitable
for the conducting of a retail store therein.
FAILURE TO DELIVER PREMISES. The failure of the Landlord to
deliver said 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 to that which shall have elapsed between the first day of said
term and the date on which the demised premises are delivered to bled
accepted by the Tenant.
RENTAL. In consideration of thedemise and leasing of the
premises aforesaid by daid -andlordv the Tenant covenants' stipulates
and agrees to pay to the Landlord as rental for said demised pre-
ihises hereinabove described, the sum of Six Hundred Ten Dollars,
(6610.00) per month, in advance on the 14th day of each month during
the continuance of the term of this lease. Tendnt shall pay suc
rent by check payable to the order of City Treasurer,, Jefferson �ity,,
Missouri,
COVEvANT OF TITLE,, AUTHORITY AivD QUIET POSSESSION. The Land-
lord covenants and warrants that Landlord has Bull right and lawful
authority ti enter into the lease for the full term afores&ld, and
that Landlord is lawfully seized of the entire premises hereby de-
mised and has good title thereto free and clear of all tnenacies,
lions and encumbran ces. Landlord futbher covenants and warrants
that if the Tenant shall discharge the obligations herein set forth
to be performed by the Tenant, the Tneant 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.
THE LANDLORD AND TENANT FURTHER STIPULATE, COVI$NANT AND AGREE
AS FOLLOWS:
USES OF :REMISES. That the premises hereby demised shall not
be used for any unlawful purpose during the term of this lease.
SUBLETTI14G AND ASSIGNING. That Tenant may not assign this
lease or sublet the whole or aiiZ part of the demised premises, with-
out the written consent of the and-Lord, but if Tenant does so with
the consent of the Landlord, Tenant shall remain liable and responsi-
ble under this lease.
CONTTIAJED POSSESSION OF TENANT. That if Tenant continues to
occupy the premises after the last day of the term hereof and land-
lord elects to accept rent thereAfter., a tenancy from month to month
shall be created and not a holdover teiiancy from year to year.
FIXTURES. That Tenant may, on the termination of this lease
orat any time during the continuance thereof, remove from said pre-
mises all shelving and other fixtures., which it may have installed
at its own expense in said premises or otherwise acquired.
GAS AND ELECTRICITY. That the Tanant shall pay all charges for
gas, water and electricity uned on said leased .promises during the b
term of this lease,
ORDIIIAnCES. 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 de-
mised premises, at Landlord's own expense.
REPAIRS. That the Landlord shall be responsible for and heep
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,, teiiantable condition,, sightly in
appearance, and in good order and repair. Landlord shall be liable
for any damages sustained by Tenant resulting from the failure of
Landlord to make any of said repairs, provided, 'Jaridlord shall not be
responsible for clogging of plumbing fixtures nor similar items in
'274
Tenant's control andt hat Tenant shhll melee all interior repairs in
the building located on the above described premises and that no
interior repairs shall be made which will impair the structure of
the above described leased promises.
NOISES AND ORORS. That the Landlord shall not tent or use
any property adjoining the demised premises if any be now owned or
hereafter acquired by Landlord, nor acry part oft he building of
which the demised oremises are a part for uses whereby noises will
be created or obnoxious odors emitted, or which will increase bhe
fire hazard.
DAMAGE OLAUSE. That if the premises hereby demised shall, Aft
previous to the beginning of the term hereof, or during the term
hereof, be damaged or destroyed by fire or any other cause whatsoever,
Landlord shall and will forthwith proceed to repair and/or re-
build the some, including any improvements or betterments made by
the Landlord or Tenant, upon the same plan as immediately before
such damage or destruction occurred, and in the meantime, and
until said premises are rebuilt acrd put in good ad tenantable
order, the rents hereby reserved, or a fair and just proportion
thereof, according to the natitire and extent of the dan age sustained,
shall, until the said premises shall have been restored ti the same
condition as before such damage or destruction occurred, be sus-
ended and cease, and if Tenant shall have paid rent in advance,
andlord shall immediately pay to Tenant an amount equal to that portion
of the rent so paid in advar ce, payment of which is suspended.
It is expressly provided, however, that if, by reason of such damage
or destruction, the demised premises are rendered untenantable, Tenant
shall have the right and option of terminating this lease by giving
the andlord written notice of its decision to terminate within
twenty days after such damage or destruction occurs, and in the
even Tenant gives such notice, this lease shall thereupon immediately
terminate mid end; if Tenant does not give such written notice within
twenty days after such damage or destruction occurs, Landlord shall
immediately proceed to repair and restore said premises as hereinbefore
provided. Landlord shall have this same right of terminating this
lease provided said damage or destruction occurs during the last three
,years of term hereof.
INSURAiXE. That landlord shall keep the building of which the
demised premises are a part or the whole insured agaist loss or
damage by fire to the extent of $75,000.00, including all im-
provements, alterations, additions acrd changes made by the Landlord
or Tneant, and it is agreed that such insurance shall be carried
for the mutual benefit of acrdlord and Tenant, and all moneys col-
lected from such insurance shall be used toward the full compliance
with the obligation of the "andlord assumed under the paragraph of
this lease entitled "Damage Clause".
If Landlord carries plate glass insuraae, it shall be written
in a manner to cover both "acrdlord ant? Tenant.
It is mutually agreed by the parites hereto that the Tenant
will carry adequate public liability insurance for the full pro-
tection of the Tenant and the andlord.
HEAT AcvD VUATI,R. That Landlord shall durnish, and maintain, in
good working order, an adequate steam, vapor or hot water heating
Plant of sufficient capacity to maintain a temperature of 701
Fahrntrheit throughout the demised oremises under all conditions of
outside temperature. 'acrdlord further agrees to keep the demised
premises heated, at its own cost and expense, to a temperature of
701 degrees Fahrenheit at all times when required by Tenant.
RIGHT OF WAY. That tandIvrd guarantees that during the term
hereof the Tenant shall have the contunuous 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, acrd the right
to xxK 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 Laiidlord has a right to grant to Tenant or
or which the Landlord owns or controls.
LANDLORD TO PAY TAXES. ETC. 'hat Landlord shall pay all taxes,
assessments and other charges which may be levied, assessed or
charged against the demised promises ,
UNPERFORMED COVEvhNTS OF LANDLORD MAY BE PERFORMED BY
TEvANT. That if "andlord shall fail to perform any of the affirm-
ative covenants to be performed by "andlord pursuant to the terms of this
lease, or if -Landlord should fail t6 make any payment which Land-
lord agrees to w ke, then Tenant may, at Tenant' s option, after notice
to Landlord,"perform any such affirmative covenant, or make any such
payment, as saidlord's agent, and in Tenant' s sloe discretion as to
the necessity therefor, and the full emount 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 rate thereon
from the date of -)ayment, without liability of forfeitule, out of
rentals then due or thereafter coming due hereunder. he option
given in this paragraph is for the sole protection of Tenant, and its
existence shall not release Landlord from the obligation to perform
any of the covenants herein provided to be performed by Landlord,
ro deprive Tenant of EnZ legal rights which it may have by reason
of any such default by andlord.
OLD MATERIALS. That Ter►ant may convert to Tenant 's own use
all old materials removed by Tenant in making alterations, changes,
improvement and additions to the demised premises, and in perform-
ing any affirmative covenants to be performed by the "andlord under
the terms and conditions of this andlord may fall to- oerf orm. and
which Tenant elects to perfo3m .
ALTERATIONS,. That Tenant shall have the right and privilege XtXXk
at all times during the continuance of this lease to bake, at its own
expense, such changes, improvements, alterations and additions to the
demised premises as Tenant may desire rpovided same do not impair the
structural strength of the buildings, Any changes, improvements,
alterations and additions made by Tenant shall immediately become the
property of the ''andlord and shall be considered as a part of the here-
in demised premises. Subject to the rights of adjoining owners,
Tenant may remove any party or dither wall between the demised pre-
mises and any adjoining 2reirises, provided, however, that Tenant
shall, at the expiration of th&s lease, at Tenant 's own expense., on
written request from Landlord made on or before sixty (60) days.be-
fore the termination of the term hereof, replace any wall so removed
to as nearly as practicable the condition[ It was in before such re-
moval. Tenant shall also have the right to build ail extension or
addition covering any property owned by ,andlord in the rear of the
building covered by this lease. 'f at tEe time of making any
changes, improvements, alterations and additions to the herein de-
mised premises the Tenant is obligated, 'by reason of any local
ordinances to expend moneyp over and ablve the sum necessary to
alter the premises to suit the special needs of the tenants then
the andlord shall reimburse the Tenant for all such additional
expensee
SIGNS. That Tenant shall have the right to place signs on
other advertising devices, electrical or non-electrical, either
parallel to the building of which the herein demised premises are a
part pr the whole, or at fury angle thereto, at or on either the
front, back, roofs or sides of such building.
CONDEMNATION. That if the demised oremises or any part
thereof shall be taken in say proceeding by the public aut'-,orities
by condemnation or otherwise, or be acquired for public or
quasi-public purposes, Tenant shall have the option of terminating
this lease, 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 any such condemnation or other proceedings, and the
remaining part oft he premises shall be reasonably usable by the
Tenant, and if Tenant elects not to terminate this lease, then the
rent shall be reduced In the same proportion that the amount of
floor space in the demised is reduced by such condemnation or other
proceedings. In any such proceeding whereby all or a part of said
premises are taken, whether or not Tenant elects to terminate this
.ease, each party shall be free to make claims against the con-
demning party for the amount of the actual provable damage done
to each of them by such proceedings.
BURDENSOME TAXES. In the event the Tenant shall be re-
quired by law to pay any tax, license fee or other charge on the
store or place of business located upon the demised premises, or on
the sales or operation thereof, greater than that w' ich it would
be required to pay, by the same law, ordinance, rule or regulation, if
operated only that 6he store or place of business in the territory
where such law, ordinance, rule or regulation is effective, then the
Landlord, upon request of thb Tenant, may pay any such excess or,
at his option, may refuse to pay same, whereupon the Tenant may
assume the payment of such additional tax and/or may cancel this at
any time thereafter, upon giving Landlord four months written notice
of its intention so to do, provided that the Tenant 's election to
assume said burden for any pne period shall not bind it with respect
to subsequent periods; and further provided that the Tenant shall
assume the burden if the said difference shall be Fifty Dollars
($50.00) or less per year.
FORFEITURE FOR FAILURE TO PAY RENT. That if the refit above
referred to, or any part thereof, shall be behind-hand or unpaid on
the date of payment by the terms hereof, and remain so for a period
of thirty (30) days after written notice shall have been sent by
registered mail by Tenant, at a later address to be designated, and
also at the demised premises, then and in such case it shall and may
be lawful for the said Landlord;•:zat::.+dLndlor•d's option, to declrre the
said term ended and enter into said demised premises or any wart
thereof, either with or without process of law, and expell the said
Tenant, 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
repossess and enjoy the said premises as in Landlord's former estate,
%hould the said term at any time be ended b•; the election of the
Landlord, under the terms and c onditi ns hereof, or in any other way,
the Tenant hereby covenants, and agrees to surrender and delived up
the said premises and property peac6.ably to the said Landlord immedi-
ately upon the termination of said term.
INTERPRETATION OF WORD "LANDLORD" That the word. "Landlord"
as used in this lease shall be interpreted so as to include all of the
Landlords named in the first paragraph hereof, whether the 1+8udlord
or Landlorld named in said paragraph are corporations or individuals,
and if individuals, whether male or female. Of more than one Land-
lord is named in said paragraph the obligations of said andlord herein
contained shall be joint and several obligations.
PARAGRAPH HEAD'NGS. The paragraph headings throughout this
instrument are for converrinece and reference only, and the words
contained therein shall in no way be held to explain, modify, amplify,
or aid in the interpretaticn , construction or meahng of the pro-
visions of t is lease.
LEASE BINDING ON HEIR, ETC. It is further hereby expressl#
agreed and understood that all covenants and agreements herein
made, shall extend to and be binding upon the heirs, devisees, execulsc ,
tors, administrator, successors in interest and assigns of both the
i said Landlord and the said Tenant, and that no modification of this
lease shall be binding unless evidenced by an agree ment in writing
signed by ]Landlord and digned ip Tenant's name by one of Tenant's
duly authorized officers.
IN WITNESS WHEREOF, this indenture has been executed in
triplicate by the parties hereto, and the "andlord has vaused the
same to be executed in its corporate name by its '"ayor and attested
and sealed by its City Clerk abd the Tenant has caused the same to
be executed in its partnership-name the day and year first above
written
CITY OF JEFFERSON, MISSOURI,
A MUNICIPAL CORPORATION
BY
May or