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Home My Public Portal AboutORD14897 BILL NO. 2011-115 SPONSORED BY COUNCILMAN Koon ORDINANCE NO._ ( AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH MISSOURI MOTOR CARRIERS ASSOCIATION FOR PARKING SPACES ON CITY PARKING LOT NUMBER 8. BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The Mayor and City Clerk are hereby authorized and directed to execute an agreement with Missouri Motor Carriers Association for parking spaces on City Parking Lot Number 8. Section 2. The agreement shall be substantially the same in form and content as that agreement attached hereto as Exhibit A. Section 3. This Ordinance shall be in full force and effect from and after the date of its passage and approval. f / / Passed: ' C r� Approved: / �f i Presiding i Mayor ATTEST: APPROVED AS TO FORM: / it Clerk rim City Counselor cr-�o �rEFFERSON PARKING .LEASE 4 L THIS PARKING LEASE, made and entered into by and etween the City of Jefferson,Missouri, a municipal corporation ("Lessor"), and the Missouri Association ("Lessee"), for the purpose of renting parking spaces situated in Jefferson City, Missouri ("Leased Property"), more particularly described as follows: WITNESSETH WHEREAS,the Lessor now owns certainpropertyknown as Parking Lot 8,locatedin Jefferson City, Missouri; and WHEREAS, the Lessee wishes to park a vehicle on the described premises; NOW,WHEREFORE,in consideration of premises and mutual undertaking,agreements and covenants hereinafter set forth, the parties hereto agree as follows: ARTICLE I PREMISES AND PRIVILEGES For and in considerationof the terms,conditions,and covenantsof this Lease to be performed by Lessee, all of which Lessee accepts, Lessor hereby leases to Lessee and Lessee hereby hires and takes from Lessor certain property,together with improvements thereon(hereinafter called"demised premises"). A. DESCRIPTION OF PREMISES DEMISED The premises hereby leased is that certain tract of real estate described as follows: Part of Inlot No. 468, in the City of Jefferson,Missouri more particularly described as follows: From the Southwest corner of Inlot No. 468; thence north along the west line of Inlot No. 468, 78 feet;thence east,parallel with the south line of Inlot No. 468, 25 feet to the point of beginning of this description; thence continuing east along the same line, 30 feet; thence north, parallel to the west line of Inlot No. 468, 10 feet; thence west, parallel to the south line of Inlot No. 468, 30 feetthence south parallel with the west line of Inlot No. 468, 10 feet to the point of beginning and termination of this description. Comprising approximately 300 square feet total, as designated upon a plat of said premises hereto attached and marked Exhibit "A". B. USE OF DEMISED PROPERTY Lessor hereby grants Lessee the right to use said demised premises for the purpose of parking. Lessee shall not use or permit the use of any part of the leased premises in any other manner than set forth above, without the prior written consent of Lessor. LIACantract ReskleasesWotor Carriers Associationlparking Lease 2011(2).wpd ARTICLE II OBLIGATIONS OF LESSEE A. NET LEASE The use and occupancy of the demised premises by Lessee will be without cost or expense to Lessor. It shall be the sole responsibility of Lessee to keep, maintain,repair and operate the entirety of the demised premises and all improvements and facilities thereon at Lessee's sole cost and expense. B. MAINTENANCE AND REPAIR Lessee shall maintain the leased premises at all times in a safe,neat and sightly condition and shall not permit the accumulation of any trash or debris,except in property containers,on the premises. C. ALTERATIONS AND REPAIRS TO PREMISES Further, Lessee agrees not to construct, install or remove, modify and/or repair any of the premises leased hereunder without prior written approval of the Director of Public Works. D. TRASH, GARBAGE, ETC. Piling of boxes, cartons,barrels,or other similar items,in an unsightly or unsafe manner,on or about the demised premises shall not be permitted. F. SIGNS Lessee shall not erect, maintain, or display upon the outside of any improvement on the demised premises any billboards or advertising signs, unless approved by the City Director of Transportation. ARTICLE III TERM OF LEASEHOLD The term of this lease shall be for a three year term subject to earlier termination for cause as provided herein. The term of the agreement shall commence on the first day of January 1, 2012. Lessee is hereby given an option to renew its leasehold interest in the demised premises for five (5) successive three year (3) year periods each on the following terms and conditions: (a)No default is existing or continuing in the performance of any of the terms of this lease. (b) Each renewal shall be on the same terms,covenants,and conditions as provided in this lease except,that there shall be no privilege to renew the term of this lease for any period of time beyond the expiration of the fifth renewal term. (c) Lessor's consent to any renewal must be obtained and Lessor shall grant such consent except where any of the following exist: i. Default on the part of the Lessee. ii. Need for the property for any other municipal purposes. UAContract FilesVeasesWotor Carriers Association\Parking Lease 2011(2).wpd- The lease shall automatically renew unless Lessee or Lessor shall notify the other in writing of its intent not to renew at least thirty (30) days prior to the expiration of the lease or any renewal. ARTICLE IV RENTALS AND FEES A. GENERAL For the ground area herein demised,Lessee shall pay to Lessor the fined published rental for Lot Eight per month to be payable on the first day of each successive month. B. TIME AND PLACE OF PAYMENT Rentals shall be paid on or before the first day of the month. Allpayments are to be made to the City of Jefferson,Department of PublicWorks, 320 East McCarty Street,Jefferson City, Missouri, 65101, or such other place the Lessor may direct lessee, in writing. ARTICLE V INSURANCE BY LESSEE LIABILITY INSURANCE Lessee agrees to at all times maintain public liability insurance in the amounts of not less than $300,0001$2,000,000 with reputable insurance companies,which insurance shall insure the Lessee against any and all claims for damages arising from the use, control,or maintenance of the demised property by the Lessee or its employees. Copies of said policies onertificates of said insurance shall be furnished to the City and name of the City of Jefferson,Missouri as coinsured. ARTICLE VI TERMINATION OF LEASE, ASSIGNMENT AND TRANSFER AND CANCELLATION A. TERMINATION This Lease shall terminate at the end of the full term hereof or the option term,if exercised, and Lessee shall have no further right or interest in anyof the ground improvements hereby demised, except as provided in Article VIII. B. CANCELLATION This Lease shall be subject to cancellation by lessor in the event Lessee shall: 1. Be in arrears in the payment of the whole or any part of the amounts agreed upon hereunder fora period of thirty (30) days after the time such payment(s) becomes due. 2. Abandon the demised premises. 3. Discontinue its operations as outlined in Article I, Section B. 4. Default in the performance of any covenant,agreement and condition required herein. In any of aforesaid events,Lessor may take immediate possession of the demisedpremises and remove Lessee's effects, forcibly, if necessary, without being deemed guilty of trespassing. LIAContract FitesUeasesNotor Carriers Association\Parking Lease 2011(2).wpd 3 Upon said default,all rights of lessee shall be terminatedprovided,however,Lessor and Lessee shall have and reserve allof their available remedies at law as a result of said breach of this contract. Failure of Lessor to declare this Lease terminated upon the default, of Lessee for any of the reasons set out shall not operate to bar,destroy or waive the right of Lessor to cancel this Lease by reason of any subsequent violation of the terms hereof. C. WAIVER OF STATUTORY NOTICE TO QUIT In the event Lessor exercises its option to cancel this agreementipon the happenings of any or all of the events set forth in Section B (Cancellation by Lessor),a notice of cancellation shall be sufficientto immediatelycancel this Agreement;and,upon such cancellation,Lessee hereby agrees that it will forthwith surrender up possession of the demised premises to lessor as set fort in Article VIII. D. ASSIGNMENT AND SUBLETTING The Lessee shall not sublease,or assign this lease without first obtaining the written approval of the City through the City Administrator;but in such event, Lessee shall remain liable to Lessor for the remainderof the term of the lease to pay to Lessor any portion of the rental and fees provided for herein,and any assignmentby the Lessee shallcontain a clause to this effect. ARTICLE VII RIGHTS UPON TERMINATION A. FIXED IMPROVEMENTS At the terminationof this Lease for any reason, Lessor shall be entitled at its option to have the land demised herein returned to itclear of all fixed improvementsabove groundlevel which have been constructed by Lessee and restored to its original condition. Request for said removal shall be set forth in writing by Lessor to Lessee thirty(30) days prior to termination of this lease. If removal is not requested prior to said thirty (30) days, Lessee shall have no obligation for such removal. If Lessor requires such removal,Lessee may have ninety(90)days after termination in which finally to remove any such improvements,and provided that such occupancy for purposes of removal shall be subject to ground rentals due hereunder. If Lessee fails to remove said improvements, they may thereafter be removed by Lessor at Lessee's expense. The Lessee shall be the owner of all of the improvements which it makes on the demised premises at its expenses. Upon the termination of this lease, or any renewal thereof, Lessee shall have the right to remove the said improvements at the cost of the Lessee, it being the purpose of the parties that the title to said improvements shall not inure tape City through the theory of annexation. In the event Lessee elects to remove the improvements,Lessee shall at its cost restore the demised premises to their condition prior to the placing of the improvements thereon. B. PERSONAL PROPERTY Upon termination of this lease, Lessee shall remove all personal property from the demised LIAContract FilesVeasesWotor Carriers AssociationTarking Lease 2011(2).wpd- 4 premises within ten(10)days after said terminationand if Lessee fails to remove said personal property, said property may thereafter be removed by Lessor at Lessee's expense. ARTICLE VIII GENERAL PROVISIONS A. LESSOR'S RESERVED RIGHTS L Lessor reserves the right further to develop or improve the parking area as it sees fit, regardlessof the desires or views of the Lessee,and without interference or hindrance. 2. It is understood and agreed that the rights granted by this agreement will not be exercised in such a way as to interfere with or adversely affect the use, operation, maintenance or development of the parking lot. 3. Lessor, through its duly authorized agent, shall have at any reasonable time during business hours the full and unrestricted right to enter the leased premises for the purposes of inspection. B. PARAGRAPH HEADINGS The paragraph headings contained herein are for convenience in reference and are notintended to define or limit the scope of any provision of this lease. C. NOTICES, CONSENTS AND APPROVALS Whenever any notice or payment is required by the Lease to be made, given or transmitted to the parties hereto, such notice or payment shall be deemed to have been given if enclosed in an envelope with sufficient postage attached W Aiimdeliver, and deposited in the United States mail, addressed to: R KY t LESSOR fb LESSEE . I City of Jefferson .President CE Dept. Of Public Works Missouri Association 320 East McCarty Street 102 East High Street Jefferson City, MO 65101 Jefferson City, MO 65101 or such other place as either party shall in writing designate in the manner herein provided. D. SUCCESSORS AND ASSIGNS All of the terms,covenants and agreements herein contained shall be binding upon and shall inure to the benefit of successors and assigns of the respective parties hereto. E. AMENDMENTS TO LEASE All amendmentsof this lease must be made in writingby mutual agreementof the parties,and no oral amendments shall be in force or effect whatever. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed as of the date first above mention at Jefferson City, Missouri. LIAContract FileslleasesWotor Carriers AssociationlParking Lease 2011(2).wpd 5 -fK'(LKf1vC' CITY OF JEFFERSON, MISSOURI MISSOURI ASSOCIATION Mayor ATTEST: ATTEST: Ci y Clerk Tit;lc APPROVED AS TO FORM- Counselor WContrad FilesVeases\Motor Carriers Association\Parking Lease 2011(2).wpd� 6