Loading...
HomeMy WebLinkAboutCityMgrForm.836.10-03-1973 - . +. .► � CITY MANAGER FORM ORDINANCE NO. b 3 b AN ORDINANCE APPROVING THE FORM OF A LEASE BETWEEN CAPE GIRARDEAU METRO A5SOCIATION, INC. AND THE CITY OF CAPE GIRARDEAU, MISSOURI, FOR A PUBLIC PARKING LOT FACILITY ON 5PANI5H STREET IN THE CITY OF CAPE GIRARDEAU, MI550URI, WITH AUTHORITY FOR THE MAYOR TO EXECUTE WHEREAS, Cape Girardeau Metro Association, Inc. is the owner of certain real estate on Spanish 5treet in the City of Cape Girardeau, Missouri; and, WHEREA5, the City of Cape Girardeau desires to lease said real estate for the purpose of constructing, operating, maintaining, and reconstructing a public metered parking lot facility; and, WHEREA5, Cape Girardeau Metro Association, Inc. and the City of Cape Girardeau, Missouri, desire to enter into a lease agreement for said real estate; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MIS50URI, AS FOLLOWS: SECTION l . That the Zease between Cape Girardeau Metro Association, Inc. , and the City of Cape Girardeau, Missouri, a copy of which is attached hereto marked "Exhibit I" , is approved in form. 5ECTION 2 . That the Mayor of the City of Cape Girardeau is hereby authorized and directed to execute the Lease, between the Cape Girardeau Metro Association, Inc. and the City of Cape Girardeau, Missouri, attached hereto marked "Exhibit I" , for and on behalf of the City of Cape Girardeau, Missouri. 5ECTION 3. This ordinance shall be in full force and effect ten days from and after its passage and approval. PA55ED AND APPROVED THI5 �� DAY OF � . 1973. �`��� ���� MAYOR ATTEST: � V ��� ��,. CITY CLERK �la/�y' R�'�-.��i ,1 . f�'j �� . . `,.' . 4 ;',l- . i ' • LEASE THIS L�A5E is made and entered into this � "�"P day of , 1973, by and between the CAPE GIP.ARDEAU METRO ASSOCIATION, IP1C. , a corporation �rganized and existing under the laws of the State of Missouri and having its principal office at the Chamber of Commerce Building in the City of Cape Girardeau, hereinafter referred to as °'Lessor'° , and the CITY OF CAPE GIRARDEAU, MIS50URI , a municipal corporation, havinc� its principal address at the Common Pleas Courthouse , Cape Girardeau, Missouri, hereinafter referred to as "Lessee" . WITNFSS�TH� l. Lessor leases to Lessee and Lessee takes from Zessor for the purpose of constructing, operating, maintaininct, and reconstructing a public metered ?�arking lot facility and for no other general purpose certain premises located in the City of Cape Girardeau, Countyo uf Cape Girardeau, State of TZissouri, more particularly ' described in the attachment to this Lease marked "Exhibit A" and made a part hereof. As used herein, the term "Premises°' refers to the real pro�erty described in Exhibit A and to any improvements loCated thereon. 2. The term of this lease shall be for ten (10) years commencing on the date of execution of this Lease and ending ten (10) years thereafter. 3.. '�he total rent for the term of this lease which the Lessee shall pay to the Lessor shall be the sum of One Dollar ($1.00) per year; and the Lessee shall be entitled to all income from the metered parking spaces . 4. Lessor covenants that Lessor is sei:z,ed of the demised premises in fee simple and has the full right to make this Lease and that the Lessee will 'nave quiet and peace able possession of the premises during the term. 5. Lessee shall not use or �ermit the demised premises or any part thereof, to k�e used, for any �urpose otner than the purpose for which the dernised premises are izereby leased. ,,��� �,� � ,, �� < . .. ,�- • 6. Lessee shall not vacate or abandon the premises at any time during the term hereof� if the Lessee shall abandon, vacate or surrender the demised �remises, the premises shall 'revert to Lessor. 7. Lessee shall not sublet the premises in whole or in part. 8. Any taxes, a�sessment, rates, charges, license fees, leview, excises, or imposts , whether general or special, of every name and kind whatsoever including all governmental charges which inay be levied, assessed, charged or imposed or whi:ch may become a lien or charge against the land hereby demisec� or any part thereof, shall be paid by the Lessor . Lessee shall at Lessee 's sole expense construct a metered public �arking lot facility on the premises in accordance with the plans , marked "Exhibit B" , attached hereto and �ade a part hereof. Lessee will endeavor to complete the construction of said parking lot facilities on or before December l, 1973; however, if Lessee is un able to complete construction by that time, no default shall be deemed to nave occured and no rights shall accrue to the Less�,r as a result of the inability to obtain ' completion of the improvement within the specified period. 9 . Lessee shall, throughout the term of this Lease, at its own cost, and without any expense to the Lessor, keep and maintain the premises , including all improvements of every kind in good, sani.tar��, and neat order, condition and repair; and, except as herein provided, restore and rehabilitate any improvements of any kind ua_maged by any cause whatsoever. 10 . Lessee shall kee� and perform all the conditions and terms hereof on its part to be kept and i�erformed and, at the expiration or sooner termination of this Lease, peace ably and quietly quit and surrender the premises to the Lessor in good order and condition, subject to the other provisions of this Lease. -2- 11. On termination of this Lease for any cause, Lessor shall become the owner of all improvements on the demised premises . 12. The covenants and conditions herein contained sh'all, subject to the provisions as to assi�nment, a��ly to and bind the successors and assigns of the parties hereto. 13. This Lease shall not be deemed to be amended or modified except by the parties hereto in w�itin�. � IN TaITNESS [aHEREOF, the parties have hereunto set their hand the day and year first �.bove written. � �ITY OF CAPE GIRARDEAU, MISSOURI By Mayor FTTEST: City Clerk CAPE GIRARDEAU NLETRO ASSOCIATION, INC. By President ATTEST: Secretary -3- , ' . . . .� ,. . The North 65 1/3 feet of Lot Six (6) in Range "B" in the City of Cape Girardeau, Missouri. ALSO, Part of Lot Five (5) in Range "B" in the City of Cape Girardeau, Missouri, bounded as follows : Commencing 186 2/3 feet South of the Northeast corner of said Lot 5 on the [n7est ' line of Spanish Street and running thenCe West, parallel with Independence Street, 180 feet to an alley; thence South along the East line of said alley 36 feet and 8 inches ; thence East, parallel with Independence Street 180 feet to S�anish Street and thence North along the West line of Spanish Street 36 feet and 8 inches to the place of beginning. ALSO, That part of Lot Five (5) in Range '°B" in the City, of Cape Girardeau, Missouri, bounded as follows: Beginning at the Southeast corner of said Lot Five (5) and running North with the tiaest line of Spanish Street , 36 feet anc� 8 inches � thence West , parallel with Independence Street , 180 feet to an alley; thence South along the East line of said alley, 36 feet and 8 inches to the South line of said Lot Five (5) and thence East with the south line of said Lot Five (5) , 180 feet to the place of beginning. "EXHIBIT A" 1 �► - . LEASE THIS LEA5E is made and entered into this �``� day of t- _ _ �t�....; , 1973, by and between the CAPE GIRARDEAU METRO ASSOCIATION, INC. , a corporation organized and existing under the laws of the State of Missouri and having its principal office at the Chamber of Commerce Building in the City of Cape Girardeau, hereinafter referred to as "Lessor" , and the CITY OF CAPE GIRARDEAU, MISSOURI, a municipal corporation, having its principal address at the Common Pleas Courthouse, Cape Girardeau, Missouri, hereinafter referred to as °Lessee" . WITNESSETH: l. Lessor leases to Lessee and Lessee takes from Lessor for the purpose of constructing, operating, maintaining, and reconstructing a public metexed parking lot facility and for no other general purpose certain premises located in the City of Cape Girardeau, County of Cape Girardeau, 5tate of Missouri, more particularly described in the attachment to this Lease marked "Exhibit A" and made a part hereof. As used herein, the term "Premises" refers to the real property described in Exhibit A and to any improvements located thereon. 2. The term of this lease shall be for ten (10) years commencing on the date of execution of this Lease and eriding ten (10) years thereafter. 3. The total rent for the term of this lease which the Lessee shall pay to the Lessor shall be the sum of One Dollar ($1.00) per year; and the Lessee shall be entitled to all income from the metered parking spaces . 4. Lessor covenants that Lessor is seized of the demised premises in fee simple and has the full right to make this Lease and that the Lessee will have quiet and peaceable possession of the premises during the term. 5. Lessee shall not use or permit the demised premises or any part thereof, to be used, for any purpose other than the purpose for which the demised premises are hereby leased. 6. Lessee shall not vacate or abandon the premises at any time during the term hereofo if the Lessee shall abandon, vacate or surrender the demised premises, the premises shall revert to Lessor. 7. Lessee shall not sublet the premises in whole or in p art. 8. Any taxes, assessment, rates, charges, license fees, leview, excises, or imposts, whether general or special, of edery name and kind whatsoever including all governmerital charges which may be levied, assessed, charged or imposed or whi:ch may be:come a lien or charge against the land hereby demised or any part thereof, shall be paid by the Lessor. Lessee shall at Lessee's sole expense construct a metered public parking lot facility on the premises in accordance with the plans, marked "Exhibit B" , attached hereto and made a part hereof. Lessee will endeavor to complete the construction of said parking lot facilities on or before becember l, 1973; however, if Lessee is unable to complete construction by that time, no default shall be deemed to have occured and no rights shall accrue to the Lessor as a result of the inability to obtain completion of the improvement withi:n the specified period. 9 . Les:see shall, throughout the term of this Lease, at its own cost, and without any expense to the Lessor, keep and maintain the premises, including all improvements of every kind in good, sanitary, and neat order, condition and repair; and, except as herein provided, restore and rehabilitate any improvemerits of any kind damaged by any cause whatsoever. 10. Lessee shall keep and perform all the conditions and terms he:reof on its part to be kept and performed and, at the expiration or sooner termination of th'is Lease, peaceably and quietly quit and surrender the premises to the Lessor in good order and condition, su:bjsct to the other provisions of this Lease. -2- r - 11. On termination of this Lease for any cause, Lessor shall become the owner of all improvements on the demised premises . 12. The covenants and conditions herein contained shall, subject to the provisions as to assignment, apply to and bind the succes:sors and assigns of the parties hereto. 13. This Lease shall not be deemed to be amended or modified except by the parties hereto in writing. IN WITNES5 WHEREOF, the parties have hereunto set their hand the day and year first above written. CITY OF CAPE GIRARDEAU, MI550URI By �ta�,.( � ;/ ATTEST: Mayor � .�i.C_A.�, City Cl rk CAPE GIRARDEAU METRO ASSOCIATION, INC. ,_ By President ATTEST. - �� ��-CE.�-c�-' Secretary -3- • � � The North 65 1/3 feet of Lot Six (6) in Range "B" in the City of Cape Girardeau, Missouri. ALSO, Part of Lot Five (5) in Range "B" in the City of Cape Girardeau, Missouri, bounded as follows : Commencing 186 2/3 feet South of the Northeast corner of said Lot 5 on the West line of Spanish Street and running thence West, para11e1 with Independence Street, 180 feet to an alley; thence South along the East line of said alley 36 feet and 8 inches; thence East, para11e1 with Independence Street 180 feet to Spanish Street and thence North along the West line of Spanish 5treet 36 feet and 8 inches to the place of beginning. ALSO, That part of Lot Five (5) in Range "B" in the City of Cape Girardeau, Missouri, bounded as follows: Beginning at the Southeast corner of said Lot Five (5) and running North with the West line of Spanish Street, 36 feet and 8 inches; thence West, parallel with Independence Street, 180 feet to an alley; thence South along the East line of said alley, 36 feet and 8 inches to the South line of said Lot Five (5) and thence East with the south line of said Lot Five (5) , 180 feet to the place of beginning. "EXHIBIT A"