HomeMy WebLinkAboutRes.2752.05-06-2013BILL NO. 13-59
RESOLUTION NO. 0? �cR
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE A PARKING LOT AGREEMENT WITH SCHLOSS
PROPERTIES, LLC, FOR PROPERTY LOCATED AT 628
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 Schloss Properties, LLC, for property
located at 628 Broadway, in the City of Cape Girardeau,
Missouri. A copy of said Agreement is attached to this
Resolution and made a part hereof.
GWS
PASSED AND ADOPTED THIS � DAY OF 2013.
Harry E. Recliger, Mayor
PARKING LOT AGREEMENT
THIS AGREEMENT entered into this 3` day of P,P� \ , 2013, by and
between SCHLOSS PROPERTIES, LLC, herein referred to as Grantor, and the CITY OF
CAPE GIRARDEAU, MISSOURI, a Municipal Corporation of the State of Missouri, herein
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. located at 628. Broadway, situated in
Exhibit A, in the City of Cape Girardeau, Missouri, to -wit:
Part of Lot 33 and 34 Range E, Section 005, Township 030, Range 014,
CITY OF CAPE GIRARDEAU, located at 628 Broadway
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 the V
day of April, 2013,.and extend through. the 15� day of. April, 2038 for a period
of twenty-five (25) years. In the event the Grantor elects to terminate the
agreement prior to the termination date, Grantor shall provide Grantee with.
(60) days written notice and reimburse the Grantee a prorated amount based
on cost of improvements and years remaining on the agreement.
Improvements in Lieu of Payment. Grantee shall not be obligated to .pay
Grantor any monetary fees. In lieu of payment,. the. Grantee shalt provide
improvements under the following terms:
Within. one (1) year from the beginning date of the agreement, the
Grantee shall 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 4& parking
spaces including one (1) handicap accessible parking space near the
entrance of the main structure in accordance with ADA standards. Any
future modifications to the parking lot shall also be subject to approval
by the Grantor.
c. The Grantor shalt be permitted to designate up to three (3) parking
spacesnearthe building as "Reserved" for tenants.of the existing use on
the property.
d. The parking lot shall be closed to public.use.each year during Southeast
Missouri State's Homecoming weekend for exclusive use by the property
owner.
4. Public Use. The -parking lot shall be designated for ,public use and .parking
spaces shall be limited to -a maximum of ten (10) hour parking. There shalt
be weight limits to restrict the use of the parking lot by heavy vehicles_
Overnight parking shalt be prohibited.
5. Maintenance. Grantor shalt maintain all rights, responsibilities and
obligations as owner of the property unless- otherwise stated in this
agreement. The Grantee shaU .provide .periodic maintenance of the .parking
including asphalt repairs and snow removal as deemed necessary by the
Grantee.
6. Signs. Grantee shall .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. tot. The signage shall also include the following,. or similar, language:
"The use of this parking tot is at your own risk."
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 shall 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
STATE OF MISSOURI )
ss.
COUNTY OF CAPE GIRARDEAU )
On this -4!°'- day of f>r 1 2013, before me personally appeared
l nti ` Ct, tom= I to me personally known, who being duly
sworn did say that they are the agents of Schloss Properties, LLC, a Missouri Limited
Liability Corporation, and that the said instrument was signed on 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.
Name of Notary Public
My Commission Expires: CAROL A. PETERS
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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:
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SCHLOSS PROPERTIES, LLC
628 BROADWAY PARKING LOT AGREEMENT
Broadway
City of Cape Girardeau
NE Division of Planning Services
GIS Data
S May 1, 2013
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