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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