HomeMy WebLinkAboutORD.3025.07-15-2002BILL NO. 02-134
ORDINANCE NO.`>
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO
EXECUTE A LEASE OF PREMISES WITH THE MISSOURI
HIGHWAY AND TRANSPORTATION COMMISSION FOR
RIGHT-OF-WAY ON HIGHWAY 61 IN FRONT OF THE
PUBLIC WORKS BUILDING
BE IT ORDAINED 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
Lease of Premises with the Missouri Highway and Transportation
Commission for a strip of right-of-way on Highway 61 in front of
the Public Works Building. A copy of said Lease is attached to
this Ordinance and made a part hereof.
ARTICLE 2. This Ordinance shall be in full force and effect
ten days after its passage and approval.
h
PASSED AND APPROVED THIS I DAY OF 20�.
ATTEST:
Gayle . Conrad, City Clerk
Jay ;/ Knudtson, Mayor
. ', '
CCO Form: RW14 ROUTE: 61
Approved: 9/91 (TWJ) COUNTY: Cape Girardeau
Revised: 2/02 (RMH) JOB NO.: U-61-2 2
Modified:
LEASE OF PREMISES
THIS INDENTURE is between the Missouri Highways and Transportation
Commission, hereinafter referred to as "Lessor" and City of Cape Girardeau,
hereinafter referred to as "Lessee":
WITNES�ETH, that the L�ssor for and in consideration of the covenants,
conditions, agreement and stipulations of the Lessee expressed, does hereby lease to
the Lessee and the Lessee hereby leases from the Lessor, the ground surface of the
hereinafter described portion of the Lessor's right of way situated in Cape Girardeau
County, Missouri, more particularly described as follows:
A strip of land twenty (20) feet in width and approximately 311.4 feet in length.
Subject parcel of land begins at right angles opposite westerly of surveyed centerline
Sta. 1101+55.6 and extends S. 8 degrees, 10 seconds E. approximately 311.4 feet to
Sta. 1104+67. Stationing refers to file plans of Route 61, Cape Girardeau County,
Project U-61-2(2).
The east side of the twenty (20) foot strip of land is approximately sixty-four(64)
feet from centerline of the above numbered route and project.
WHEREFORE, IT IS AGREED AS FOLLOWS:
(1) LEASE TERM: The term of this lease is for five (5) years, beginning on
the 1 st day of June , 2002 and ending on the 31 st day of May, 2007 for a total rent of
1.00, payable in one installment of $1.00, upon the execution of the lease, and four (4)
subsequent installments of 1.00 each, payable to the Lessor on or before each
succeeding anniversary date of the lease.
(2) MANNER OF PAYMENT: The Lessee will pay rent thereon in the manner
and at the time stated above.
(3) USE OF PREMISES: The Lessee will use the premises to place signs
identifying the adjacent City Department of Public Works and to beautify the parcel with
decorative plantings and no other purpose.
(4) OBSERVANCE OF LAWS: The Lessee will observe and abide by all
federal, state and local laws and regulations pertaining to the use and occupancy of
said premises.
Form 5-5.5
Section 5-5 Page 1 of 8 09/00
.
(5) PROTECTION AGAINST DAMAGE: The Lessee will protect and defend
the premises against damage.
(6) NO FLAMMABLE MATERIALS: The Lessee will permit no fuel servicing
of vehicles on the premises. The Lessee will not permit the manufacture, storage,
possession or use on the premises of hazardous, flammable, corrosive, explosive or
other dangerous substances, chemicals or wastes, as those terms are defined in federal
and state laws and regulations, or the parking hereon of vehicles, trailers or other
objects containing any quantity of such substances, chemicals or wastes (except the
fuel contained in the lawful fuel tank of a vehicle in order to propel that vehicle). The
Lessee will permit no fire hazards on the premises.
(7) NO ODORS: The Lessee will not permit the presence on the premises of
hazardous, or unreasonably objectionable smoke, fumes, vapor or odors.
(8) OBSERVATION OF REGULATIONS: The Lessee will observe and abide
by the regulations and directions of the Lessor with respect to cleanliness and fire
hazards on the premises, and permit the Lessor, its agents and employees, and/or
authorized Federal Highway Administration (FHWA) representatives, to enter upon the
premises for the purpose of maintenance or reconstruction of its property and to inspect
the leased premises with respect to cleanliness, neatness and the existence of fire
hazards or other hazards.
(9) INDEMNIFICATION: The Lessee will save the Lessor harmless from
property damage or injuries to any person on the premises. The Lessee shall take out
and maintain at the Lessee's own expense liability insurance with a company licensed
and authorized to do business in the state of Missouri in an amount adequate for
payment of any property damage or personal injury or death to persons on the premises
as licensees, or invitees, expressed or implied of the Lessee shall cause insurer to
include the Missouri Highways and Transportation Commission as an additional
insured. Evidence of the Lessee's liability insurance shall be furnished to the Lessor
with the first payment, as shown in paragraph 1 of this Lease, and if the Lessee fails,
refuses or neglects to take out, extend or maintain said insurance this lease shall be null
and void.
Form 5-5.5
Section 5-5 Page 2 of 8 02/02
.
. • •, •
. • �
(10) NO STRUCTURES: The Lessee will not erect, or cause to be
erected, on the premises any kind of building or structure, nor will the Lessee erect any
fence on the premises without prior written approval of the Lessor.
(11) MAINTENANCE OF EXISTING GRADING: If the Lessee paves, gravels
or resurfaces the premises or any part thereof, it will not change the existing grade or
drainage pattern existing on the premises. Any surface improvements shall pass to the
Lessor absolutely.
(12) SIGNS: Any signs which the Lessee erects and maintains will be neat,
clean, not unduly conspicuous, and the wording thereupon will be restricted to
indications of property interest and to warnings or cautions against trespassing.
(13) MAINTENANCF OF PREMISES: The L_essee �Nill l.eep the premises in a
neat, clean, orderly and presentable condition, free of grass, weeds, trash, debris and
unsightly objects.
(14) ASSIGNMENT: The Lessee will not assign or sublet the leased premises
or any part thereof without the prior written approval and consent of the Lessor, subject
to concurrence by the FHWA, which approval and consent shall be within the absolute
judgment and discretion of the Lessor and the FHWA.
(15) RETURN OF PREMISES: At the end of the term of the lease, or
whenever the lease for any reason is terminated, the Lessee will peaceably surrender
and return the premises to the Lessor in as good a condition as when found, ordinary
wear and tear excepted.
(16) QUIET ENJOYMENT OF LEASE: The Lessee, upon keeping and
performing the covenants of this lease shall at all times during the tenancy peaceably
and quietly have, hold and enjoy the leased premises without suit, trouble or hindrance
from the Lessor.
(17) CANCELLATION OF LEASE: The Lessor may without notice re-enter and
take possession of the premises and, with or without legal process, evict the Lessee
from the premises under the following conditions: (1) rent is unpaid after it has become
due and payable; (2) each condition and covenant contained in the Lease is not
performed or fulfilled by the Lessee; (3) a petition in bankruptcy has been filed by or
against the Lessee; (4) the Lessee becomes insolvent; (5) any proceeding is filed to
subject this lease or the interests of the Lessee to garnishment or sale under execution;
(6) the Lessee makes an assignment for the benefit of creditors; (7) the Lessee
discontinues use of the premises for more than a continuous sixty (60) day period; or
(8) the Lessee attempts to sell or assign this lease without the written approval or
consent of the Lessor. Any such act(s) of omission or commission may, at the option of
the Lessor, constitute a forfeiture of atl rights of the Lessee hereunder, voiding and
ending this lease.
Form 5-5.5
Section 5-5 Page 3 of 8 09/00
(18) TERMINATION OF LEASE: In the event of the destruction or damage to
the Lessor's facilities located upon premises leased, the Lessor may terminate this
lease immediately if, in the Lessor's discretion, it is necessary to occupy the leased
premises for restoration or repair to the said Lessor's premises.
(19) NOTICE OF TERMINATION: Either party shall have the right to terminate
the lease of the above-referenced tract by giving thirty (30) days written notice to the
other party. If the lease is so terminated by the Lessor, the Lessee will be entitled to a
refund equal to one twelfth (1/12) of the annual lease payment for any remaining
unused months of the annual lease period. If the lease is so terminated by the Lessee,
no portion of rent paid or due for the year affected by such termination will be refunded
or forgiven the Lessee.
(20) NO DISCRIMINATION IN USE OF FAClLiT!ES: The Lesses, for itself, its
personal representatives, successors in interest and assigns, as a part of the
consideration hereof, agrees to as a covenant which runs with the land that no person
on the grounds of race, color, religion, creed, sex, age, ancestry, national origin,
disability or veteran status shall be excluded from participation in, denied the benefits of,
or otherwise be subjected to discrimination in the use of said facilities.
(21) NO DISCRIMINATION IN FURNISHING OF SERVICES: No person shall
be excluded from participation in, denied the benefits of, or otherwise be subjected to
discrimination, in the construction of any improvement on, over or under such land and
the furnishing of service thereon, on the grounds of race, color, religion, creed, sex, age,
ancestry, national origin, disability or veteran status.
(22) EXECUTIVE ORDER: The Lessee shall comply with the provisions of
Executive Order No. 94-03, issued by the Honorable Mel Carnahan, Governor, on
January 14, 1994, which executive order is incorporated herein by reference and is
made a part of this Agreement. This Executive Order promulgates a Code of Fair
Practices for the Executive Branch of Missouri Government and prohibits discrimination
against recipients of services, and employees or applicants or employment of state
contractors and subcontractors, on the grounds of race, color, religion, national origin,
sex, age, disability, or veteran status. The Lessee shall also comply with all state and
federal statutes applicable to the Lessee relating to nondiscrimination, including but not
limited to Chapter 213, RSMo; Title VI and Title VII of the Civil Rights Act of 1964 as
amended (42 U.S.C. Sections 2000d and 20003, et seq.); and with any provision of the
"Americans with Disabilities Act" (42 U.S.C. Section 12101 et seq.) which applies to the
Lessee. The Lessee shall use the premises in compliance with all other requirements
imposed by or pursuant to Title 49, Code of Federal Regulations, Part 21.
(23) BREACH OF NONDISCRIMINATION COVENANTS: In the event of
breach of any of the nondiscrimination covenants in paragraphs 20 and 21, the Lessor
shall have the right to terminate the lease and to re-enter and repossess said land and
facilities thereon and hold the same as if this lease had never been made or issued.
Form 5-5.5
Section 5-5 Page 4 of 8 09/00
(24) LAW OF MISSOURI TO GOVERN: This Lease shall be construed
according to the laws of the State of Missouri. The Lessee shall comply with all local,
state and federal laws and regulations relating to the performance of this Lease.
(25) VENUE: It is agreed by the parties that any action at law, suit in equity, or
other judicial proceeding to enforce or construe this Lease, or regarding its alleged
breach, shall be instituted only in the Circuit Court of Cole County, Missouri.
(26) RECEIPT OF PAYMENT: The parties agree that any receipt and deposit
by the Lessor of any payment made by the Lessee for any period or periods beyond the
express term of the Lease shall not constitute an extension of the express term of the
Lease. The Lessor will promptly return all such payments that the Lessor has deposited
in error.
IN WITNESS WHEREOF, the parties have entered into this agreement on the
last date written below.
Executed by Lessee on this (�day of �u /�1 , 20 O� .
Executed by Lessor on this /�' day of �,������� , 20 c��..
MISSOURI HIGHWAYS AND
TRANSPORTATION COMMISSION, �
LESSOR ' LESSEE
By
Title f ' l Title/�(,�ch�a I ��_1'���I�e� G t�i l�f�nQc��
Address�� �' d�nvn�P�,r��
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Form 5-5.5
Section 5-5 Page 5 of 8 09/00
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ACKNOWLEDGEMENT BY CORPORATION
STATE OF JLtt�<<�r� r�i )
�, � ) ss
COUNTY OF (-,C1r.�- t-�;rcz r�l�czZc )
On this I� day of J u 1� , 20�, before me personally appeared
known to me, who being by me duly sworn, did say that he/she is the
�'ty ���,c��r of (e,,ct���. L��r�trc�tcc..; and that said instrument was signed and sealed on behalf of
said corporation by authority of its Board of Directors, and that he/she acknowledged
said instrument to be the free act and deed of said corporation and that it was executed
for the consideration stated therein and no other.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official
seal in the county and state aforesaid the day and year written above.
Notary Public c� � /,��
(J � W�
'�::.'e.'y',��, � GAYLE l.C�NRRD
=�:'��:�� Cape Girardeau County
:`�' � "�y Lomrr;ission Ezpires
My Commission Expires: "���;;;��, Nove��berl9,zooa
Form 5-5.5
Section 5-5 Page 6 of 8 09/00
, , � � .
ACKNOWLEDGEMENT BY COMMISSION
STATE OF MISSOURI )
) ss
COUNTY OF COLE )
On this � da of � 2002, before me ersonall
Y p Y
appeared Dewavn J. Gaddv known to me, who being
by me duly sworn, did say that he/she is the Actinq Riqht of Wav Director
of the Missouri Highways and Transportation Commission and the seal affixed to
the foregoing instrument is the official seal of said Commission and that said
instrument was signed in behalf of said Commission by authority of the Missouri
Highways and Transportation Commission and said Dewavn J. Gaddv
acknowledged said instrument to be the free act and deed of said Commission.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my
official seal in the county and state aforesaid the day and year written above.
Notary P ic
� GIF,NNA L.JOHNSO��1
?�:�,��ry Public—Not�sy �t�l
My Commission Expires: E �=;_�TE o���Iss�T�.��
Cole County
1�/Iy Commission Expires: Dec. 2,��U�7
Mo�OT Southeast District
2675 North Main Street
Missouri P.O. Box 160
�� Sikeston, MO 63801
Department (573) 472-5333
Fax (573) 472-5342
of Transportation Toll free 1-888 ASK MoDOT
www.modot.state.mo.us
Scott Meyer, District Engineer
. ' ..._.;
September 19, 2002
f,;;, . ., ..r4f:.. �.Il��t�ilJtl'�ry
�.i'.:.�.. r�-:��. ,1w.«`�..t 1x='��.�w.�9�
Mr. Douglas K. Leslie "
Public Works Director
City of Cape Girardeau
219 North Kingsr�ighway
Cape Girardeau, MO 63701
Dear Mr. Leslie:
I have enclosed the executed lease for the strip of right of way along Route 61, (Kingshighway)
in Cape Girardeau. The term of the lease is five years and will end on May 31, 2007.
The certificate of insurance in our file expires on January l, 2003. Please have your insurance
provider forward a current certificate to our office at that time.
Should you have any questions, please contact our office at 573-472-5345.
Sincerely,
n
11.(�.���(��
Jani�e Collier
Sr. Right of Way Specialist
jc
Enclosure
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