HomeMy WebLinkAboutRes.2944.01-19-2016BILL NO. 16-03
RESOLUTION NO.
_ I� 4
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE A PARKING LOT AGREEMENT WITH THE
STATE OF MISSOURI, BY THE OFFICE OF
ADMINISTRATION, DIVISION OF FACILITIES
MANAGEMENT DESIGN AND CONSTRUCTION, ON
BEHALF OF THE NATIONAL GUARD DEPARTMENT OF
THE ARMY, FOR PROPERTY LOCATED WITHIN ARENA
PARK AT 170 EAST RODNEY DRIVE, 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 the State of Missouri, by the Office
of Administration, Division of Facilities Management Design and
Construction, on behalf of the National Guard Department of the
Army, for property located within Arena Park at 170 East Rodney
Drive, in the City of Cape Girardeau, Missouri. The Agreement
shall be in substantially the form attached hereto as Exhibit
"A", which document is hereby approved by the City Council, and
incorporated herein by reference, with such changes therein as
shall be approved by the officers of the City executing the
same. 1I
PASSED AND ADOPTED THIS DAY OF , 2016.
ry E
ATTEST:
Ia'a,..
Erruce Ta or, Deputy City Clerk
Rediger, Mayor
Lease # 01611513
THIS AGREEMENT entered into this day of December, 2015, by and between CITY OF CAPE
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 privately owned vehicle parking lot, the
premises situated in Exhibit A, in the City of Cape Girardeau, Missouri, to -wit:
ALL THAT PART OF OUT LOT NO. 82, U.S.P.S. SURVEY 2199, -it OTz N& IP 30 NORTH, RANGA
13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU,
MISSOURI, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
Commence at the intersection of the West Right of Way Line of East Rodney Drive and the North
Right of Way line of Hawthorne Road; thence South 00041'36" West, along the West line of
aforementioned Drive, 1526.31 feet to a point; thence. South 89'18'24" East, 80.00 feet to a point or
the East Right of Way Line of East Rodney Drive and the POINT OF BEGINNING; thence continue,
South 89'1824" East, 224.42 feet to a point; thence North 00'00'00" East, 298.75 feet to a point;
thence North 89'54'43" West, 220.82 feet to a point on the aforementioned East Right of Way;
thence South 00*41'36" West, 296.39 feet to the Point of Beginning and containing 1.5207 Acres,
1717 =_9'
Said premises shall be used as a privately owned vehicle parking lot and for no oth
purpose without the written consent of Grantor. Said lot shall be available for pub[
usage; however, priority for use of said parking tot shall be for scheduled National Gua
training and / or emergency requirements.
2. Termt of Agreement. The term of this agreement shalt commence on •the �, 01, day of
December, 2015, and extend through the day of December, 2040 for a period of
twenty-five (25) years. In the event the Grantor elects to terminate the agreement prior to
the termination date, Grantor shalt provide Grantee with ninety (9 0) day notice and
reimburse the Grantee a prorated amount based on the actual cost of improvements
performed by the tenant and years remaining on the agreement.
3. Improvements in Lieu of Payment. Grantee shalt not be obligated to pay Grantor any
monetary fees. In lieu of payment, the Grantee or Tenant shall provide improvements
under the following terms:
a. Within eighteen (18) months from the beginning date of the agreement, the Grantee
or Tenant shalt make improvements to the land by doing excavation and gravel work
to prepare the property for paving of a parking lot as specified by the plans.
b. The parking tot shalt have a layout consisting of a minimum of fifty (50) parking
spaces, three (3) being designated as handicap parking. Any future modifications to
the parking lot shalt also be subject to approval by the Grantor.
c. The Grantor shall make improvements to create a parking lot including but not
limited to asphalt, striping, and curbs.
4. Public Use. The parking tot shalt be designated for public use except as described in
paragraph 1.
5. Maintenance. Grantor shalt maintain aR rights, responses and obligations as owner of
the property unless otherwise stated in this agreement. The Grantor shall provide periodic
maintenance of the parking including asphalt repairs and snow removal as deemed
necessary by the Grantor. The Grantee has the option to conduct snow removal operations
if the Grantor is unable to provide said services in a timely manner to support National
Guard parking requirements.
6. Signs. Grantor shall provide signage on the subject property as Grantor deems
appropriate, identifying the parking tot as a City of Cape Girardeau public parking tot and
reflecting the regulations pertaining to the use of the parking tot. The signage shalt also
include the following, or similar, language: "The use of this parking tot 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 shalt 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.
8. All individuals signing this agreement state that they have the authority to do so for the
purposes herein stated.
I&TV1221-0.14111 0". TV119061
It is understood and agreed between the parties that the [ease is contingent upon the Lessee
receiving monies to fund rental and all other payments due under said Lease which are annually
appropriated by the Missouri General Assembly for one fiscal year which begins on July 1 and
ends June 30. Said Lease shall not be binding upon the Lessee unless and until general
appropriations have been made by the Missouri General Assembly and, if applicable funds have
been received from the United States Government for a payment of rental or for any other
payment under said Lease on behalf of the Lessee for any fiscal year during the initial period or
any renewal or extension period of said Lease. In the event that sufficient funds are not
appropriated, the [ease shalt be deemed to have expired of its own terms, and Lessee shall have
no further obligation hereunder.
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.
GRANTe
°5 Ci e '
, "rardeau, Missouri
y , y P
Scott A. Me am
City Manaor
Bruce Taylor
Deputy City Clerk.
STATE OF MISSOURI }
ss.
COUNTY OF CAPE GIRARDEAU )
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On this day of , 2015, before me personatly appeared Scott A. Meyer,
to me personally known, who, by me duty 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 said instrument was signed and
sealed on behalf of said City by authority of its City Counct, 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.
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GRANTEE
State of Missouri, by the Office of Administration,
Division of Facilities Management,
Design -an.dPonstruction
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STATE OF MISSOURI
C ss.
COUNTY OF—
On this day of 0( M 2015, before me personally appeared
[ = (" 6 UC M-' to me personally known, who, by me duty sworn, did say
that they are the agents of State of Missouri, by the Office of Administration, Division of Facilities
Management, Design and Construction and that said instrument was signed on behalf of said limited
liability corporation, and acknowledged said instrument to be the free act and deed of said timited
liability corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seat, the day and year
first above written.
AAan I cy)
Name of Notary Public
My Commission Expires:
ounty
#14567279
AMBER MANION
Notary Public - State of Missouri
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Cole County
Commission #14567279