Loading...
HomeMy WebLinkAboutRes.2751.05-06-2013BILL NO. 13-58 RESOLUTION NO. 6??5/ A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A PARKING LOT AGREEMENT WITH COMBO PROPERTIES, LLC, FOR PROPERTY LOCATED AT 710 BROADWAY, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City Manager, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute a Parking Lot Agreement with Combo Properties, LLC, for property located at 710 Broadway, in the City of Cape Girardeau, Missouri. A copy of said Agreement is attached to this Resolution and made a part hereof. PASSED AND ADOPTED THIS �JWI DAY OF r 2013. Harry E. Re"iger, Mayor ATTEST: Gayl . Conrad, City Clerk PARKING LOT AGREEMENT THIS AGREEMENT entered into this 971� day of2013, by and between COMBO PROPERTIES, LLC, a Missouri Li ted Liability Corporation, hereinafter referred to as Grantor, and the CITY OF CAPE GIRARDEAU, MISSOURI, a Municipal Corporation of the State of Missouri, hereinafter referred to as Grantee. WITNESSETH: 1. Subject Property. Grantor does hereby convey to Grantee and Grantee does hereby accept from Grantor, in consideration of the covenants, terms and conditions herein set forth, each of which the respective parties agree to keep and perform, the right to access, improve and authorize for the purpose of a public parking lot, the premises situated in Exhibit A, in the City of Cape Girardeau, Missouri, to -wit: Lot 1 of Thompson Subdivision, Section 006, Township 30, Range 014, CITY OF CAPE GIRARDEAU, located at 710 Broadway, more particularly described as Tax map number 211060001006000000. Said premises shall be used as a public parking lot and for no other purpose without the written consent of Grantor. 2. Terms of Agreement. The term of this agreement shall commence on theavt" day of April, 2013, and extend through the 'day of ,2038 for a period of twenty-five (25) years. In the event the Grantor lects to terminate the agreement prior to the termination date, Grantor shall provide Grantee with ninety (90) day notice and reimburse the Grantee a prorated amount based on the actual cost of improvements and years remaining on the agreement. 3. Improvements in Lieu of Payment. Grantee shall not be obligated to pay Grantor any monetary fees. In lieu of payment, the Grantee shall provide improvements under the following terms: a. Within one (1) year from the beginning date of the agreement, the Grantee shalt make improvements to the existing parking lot by repaving the lot and the access points with an asphalt surface and restriping the parking lot as depicted in Exhibit A. b. The parking lot shall have a layout consisting of a minimum of twenty- four (24) parking spaces including one (1) handicap accessible parking space near the entrance of Broadway Prescription in accordance with ADA standards. Any future modifications to the parking lot shall also be subject to approval by the Grantor. c. The Grantor shall be permitted to designate up to three (3) parking spaces near the building as "Reserved" during business hours. Hours shalt be designated on posted signage. d. The Grantee shall make improvements to existing lighting to provide broader and brighter illumination. 4. Public Use. The parking lot shalt be designated for public use and parking spaces shall be limited to a maximum of ten (10) hour parking. There shall be weight limits to restrict the use of the parking lot by heavy vehicles. Overnight parking shall be prohibited. 5. Maintenance. Grantor shall maintain all rights, responsibilities and obligations as owner of the property unless otherwise stated in this agreement. The Grantee shalt provide periodic maintenance of the parking including asphalt repairs and snow removal as deemed necessary by the Grantee. 6. Signs. Grantee shalt provide signage on the subject property as Grantee deems appropriate, identifying the parking lot as a City of Cape Girardeau public parking lot and reflecting the regulations pertaining to the use of the parking lot. The signage shall also include the following, or similar, language: "The use of this parking lot is at your own risk." 7. Termination. In the event that either party finds that there is a breach of the terms of the agreement, written notice of such breach shall be given to the breaching party. The breaching party shalt have thirty (30) days after such notice to cure the breach. If the breach is not cured within that time frame, the injured party shall have the right to terminate the agreement at no cost. B. All individuals signing this agreement state that they have the authority to do so for the purposes herein stated. IN WITNESS WHEREOF, the parties hereto have executed this Agreement, in duplicate, or caused the same to be executed by their officers duly authorized as of the day and year first above written. GRANTOR Combo Properties, LLC Steven Keele Rita Keele STATE OF MISSOURI ) ss. COUNTY OF CAPE GIRARDEAU ) On this ,l5 day of 2013, before me personally appeared .ale')en tKee-le andr4c, KeeIP , to me personally known, who being duly sworn did say that they are the agents of Combo Properties, LLC, a Missouri Limited Liability Corporation, and that the said instrument was signed in behalf of said limited liability corporation, and acknowledged said instrument to be the free act and deed of said limited liability corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year first above written. My Commission Expires: r Name of Notary Public ,op}tiY,POj MELISSAHOEHNE s: n NGTAAY: MY Cannission Expires - • - SEAL November 17, 2016 .-_; Cape Girardeau County Comminon#126M65 GRANTEE City of Cape Girardeau, Missouri Scott A. Meyer .City.Manager ATTEST: Gayle L. Conrad City Clerk STATE OF MISSOURI ) ). ss.. COUNTY OF CAPE GIRARDEAU ). On this day of 2013, before me personally appeared - Scott A. Meyer, to me personally known, who being. duly sworn did say that he is the City Manager of the City, of Cape Girardeau„ Missouri,, a Municipal Corporation of the State of Missouri,, and that the seal affixed to this instrument is the official seal of said City,. and that the said instrument was signed and sealed in behalf of said City. by authority of its City Council, and acknowledged said instrument to be the free act and deed of said City. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year first above written. Name of Notary. Public My Commission Expires: . \� �� } � �/\ : � � ?< � \} 4 �� ` . §>� \ , \°� . �, \.��� � � \� �� \�< � �< �2«a ,©� \ .� \� / \ :y y� � ` . ,� � , \« � � /� . 4 �� ` . §>� \ , \°� . �, \.��� COMBO PROPERTIES. LLC 710 BROADWAY PARKING LOT AGREEMENT Broadway H FCity of Cape Girardeau iw�e Division of Planning Services GIS Data S May 1, 2013 0 40 80 160 Fe(