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Home My Public Portal AboutORD14310 i BILL NO. 2007-137 SPONSORED BY COUNCILMAN Harvey ORDINANCE NO. /4 3- 1 0 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A PARKING LEASE AGREEMENT WITH EMBARQ, MISSOURI INC. BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The Mayor and Clerk are hereby authorized to execute a Parking Lease Agreement with Embarq, Missouri. Section 2. The lease shall be substantially the same in form and content as Exhibit A attached hereto. Section 3. This Ordinance shall be in full force and effect from and after the date of its passage and approval. • Passed: Appro P siding Officer Mayor 4 ST: APPROVED AS TO FORM: /i ?A/ ; City C erk City Counselor i • PARKING LEASE THIS PARKING LEASE("Lease"),is made and entered into on day of - ,2008 by and between the City of Jefferson,Missouri("City"),and Embarq Missouri,Inc., rmerlyknown as Sprint Missouri, Inc., formerly known as United Telephone Company of Missouri, a Missouri corporation("Lessee"),for the purpose of renting parking spaces situated in Jefferson City,Missouri, pursuant to the following terms and conditions: 1. Premises. The City hereby agrees to lease unto the Lessee and Lessee agrees to lease from City the parking spaces identified in Exhibit A("Premises"), which are located are identified in the parking lots depicted on Exhibit B (collectively, the "Property"), both Exhibits being annexed hereto. 2. Term. A. The term of this Lease is for the period beginning January 1, 2008, through December 31, 2010. B. Lessee is hereby given an option to renew this Lease for three (3) additional • terms of three(3)years each,renewable at the expiration of the immediately preceding term (each,a"Renewal Term").Rent for the first Renewal Term shall be 109%of the rent shown in Exhibit A. Rent for the second Renewal Term shall be 118%of the rent shown in Exhibit A. Rent for the third Renewal Term shall be 127%of the rent shown in Exhibit A. Lessee shall give City six (6)months prior written notice of its intention to renew the Lease. The failure of Lessee to notify the City of its intention to renew the lease at least six(6)months prior to the expiration shall be deemed to be waiver of Lessee's option to renew. In the event the City sells one of the parking lots that comprise the Property, this option to renew will terminate as to that particular parking lot and the definition of Property will be deemed to include only the remaining parking lots. 3. Rental. All rental payments will be made on a monthly basis,payable by Lessee upon receipt of the City's invoice. The price per space shall be as shown on the attached Exhibit A. 4. City Covenants: a. City will invoice Lessee only for spaces included on Exhibit A. City and Lessee understand and agree that the total number of parking spaces utilized for any single • UACONTRACT FILES\LEASES\EMBARO-SPRINT FORMERLY UNITED TELEPHONE\EMBARO MASTER LEASE 2008.DOC month will vary to meet the requirements of the Lessee. Lessee will notify City of • any change in the total number of parking spaces required. Lessee may request a change to the number of spaces leased at any time during the contract. City agrees to provide additional parking spaces at the stated price per space per month when such spaces are available, and upon prior request of Lessee. b. Either party may terminate this Lease subject to six(6)months prior written notice of termination to the other party. In addition, City must give thirty (30) days prior written notice to Lessee of any change in the availability of parking spaces or of any change in the price per space per month as states on Exhibit A. C. City shall maintain the said Property in good repair during the initial term and all Renewal Terms. d. The City will at all times ensure that the Property complies with the American with Disabilities Act Accessibility Guidelines (ADAAG). City will provide Lessee uninterrupted access to the Property and the Premises. e. City shall, so long as Lessee fully complies with all of the terms and conditions of this Lease, permit the Lessee to peaceably and quietly have, hold and enjoy the Premises for the term of this Lease. f. Notwithstanding anything in this Lease to the contrary, the City covenants and represents that City has full right, title, power and authority to make, execute and deliver this Lease. f. City shall indemnify and hold Lessee harmless from all liabilities,charges,expenses, and costs arising on account of or by reason of injuries, liabilities, claims, suits or losses directly resulting from a dangerous condition existing on the Property or Premises at the time of injury, unless said dangerous condition shall have been caused or created by,or have resulted from the negligent or wrongful act of omission of any employee of the Lessee within the course of employment. 5. Notice. Any notice provided for herein may be given to the parties by certified mail, return receipt requested addressed to the City at City of Jefferson, Department of Community Development,Parking Division, 320 East McCarty Street,Jefferson City,Missouri 65101, or the Lessee at Embarq 600 New Century Parkway,Mailstop:KSNCAA0133-RETA-Attn: Real Estate Notices,New Century, Kansas, 66031. The date of delivery of any notice shall be the third full day after the day of its mailing. • C:\DOCUMENTS AND SETTINGS\MKP0498\LOCAL SETTINGS\TEMPORARY INTERNET FILES\OLK2F\EMBARO MASTER LEASE 2008.DOC 6. Jurisdiction. This Lease shall be governed by and construed in accordance with the laws of the State of • Missouri. 7. Complete Agreement. This Lease reflects the full and final agreement of the parties with respect to the subject matter hereof and supersedes any and all prior agreements, written or oral, between the parties, and that no change, amendment or modification of this Lease will be valid unless the same is in writing and signed by Landlord and Tenant. This covenants and agreements contained in this Lease shall be binding upon and shall inure to the benefit of the parties of this Lease, their respective successors, administrators, executors and assigns. CITY OF JEFFERSON, MISSOURI EMBARQ MISSOURI,INC. Mayor Title: ATTEST: ATTEST: City Clerk Title: M(Q q*0 • APP R VED ' TO FORM: City Counselor • U:\CONTRACT FILES\LEASES\EMBARO-SPRINT FORMERLY UNITED TELEPHONE\EMBARO MASTER LEASE 2008.00C .. 3 .. EXHIBIT A Embarq PARKING SPACES PAID MONTHLY LOT# #OF PRICE PER MONTHLY ANNUAL PARKING SPACE PER TOTAL TOTAL SPACES MONTH Lot#11 0 $60 $0 $0 Lot#12 0 $40 $0 $0 Lot#15 0 $25 $0 $0 Lot#16 0 $25 $0 $0 Lot#22 18 $27 $486 $5,832 Lot#24 175 $15 $2,625 $31,500 Main Garage 1 $70 $70 $840 Main Garage 3 $40 $120 $1,440 uncovered TOTAL 197 $3,301.00 $39,612 • • UACONTRACT FILES\LEASES\EMBARO-SPRINT FORMERLY UNITED TELEPHONE\EMBARO MASTER LEASE 2008.DOC 4 E 6-,TT ,'-ATE 8T I � t tl PARSONS WAY-'� _PARSONS W .__ t W MAIN bT-- j WCAPfIOLAV@' °--tl"'— j ECAVnOLAVe^ _E a If Cole O County I r ` I I.L_ �`_ ..... thoaBe—� qA W NEON 8T I I I t t 'I 1.. i —I� ._ L 7"' 0 Q W WAIL wAY WLL aas human �a 0 . _.__ - __ __f ,._, _ ._—_ to _ _ _..... >_.._. .._ "=^-'^WNCGIIRTY BT Y^-^•�^-i '._t--°EMCCARTYST—•-_-T___. _ —._ W ....._._.___. .- .. i _' I I H ty � n j Hl fi , � Complex j — weANOr WAY ='::=. ,-w� _ • ..._.__ .,.....____.,�.:._ ..-:.1 �._:_EINAMMLY WAY.:- °a .. --: �—.man.•--•,.. t LU be 0 ``• t i �, - _ 1 } i ..........._,__..,...__ -^"°WMRAFR bT_•.._---°••`. �-. 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