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Home My WebLink AboutRES.1150.02-20-1996 BILL NO. 96-82 RESOLUTION NO. JJ�l� A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE WITH DARRELL L. LONG FOR THE CONVENTION AND VISITORS BUREAU BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE l. The City Manager, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute a Lease with Darrell L. Long for the Convention and Visitors Bureau. A copy of said Lease is attached to this Resolution and made a part hereof. PASSED AND ADOPTED THIS �,�U:Clt DAY OF --r `-` , 19 {�� . ,:�, � A. . Spradling, III, yor ATTEST: i 4 �, �,��;t .�.� � i:_�`1t iC�l:1 Gayle�L. Conrad Deputy City Clerk Date February 20, 1996 LEASE This LEASE, made and entered into by and between Darrell L. Long, 2917 Parkwest Heights, Cape Girardeau, MO, 63703, hereinafter cal(ed "LESSOR", and the City of Cape Girardeau, Missouri, a municipal corporation, hereinafter called "LESSEE". WITNESSETH; LESSOR, in consideration of the rents, covenants and agreements hereinafter mentioned and hereby agreed to be paid, kept and performed by LESSEE, has leased and by these presents does lease with covenant for quiet enjoyment to LESSEE, the real estate located at 2117-?1�1 Broadway, Cape Girardeaii, MO, as shown on the building plan marked Exhibit A, attached hereto and by reference made a part hereof. The said real estate, b�iilding and other improvements hereinafter shall be referred to as the "LEASED PREMISES". USE OF LEASED PREMISES The Leased Premises may be used and occupied by LESSEE during the term hereof, for the operation and conduct of �=� '�rn�rentioi� u1<<; v��.��:;�s �.i=�•e-._t� a7i:_ �;i{ted activities The Leased Premises shall be used for no other purpose, without prior written consent of the LESSOR. LESSEE shall not use any portion of the premises other than those specified above, and no use shall be made or permitted to be made upon the premises, nor acts done, which will increase the rate of insurance upon the property, or cause cancellation of insurance policies covering said property. LESSEE shall not conduct or permit any sale by auction on I the premises. TERM The term of the lease hereof shal( be for a period of one 1 year�/ commencing on March 1, 1996 _ , and expiring on Februa� 28, 1997 . After the initial term, this lease will be renewable at the option of LESSEE for six month extensions tinder such terms as may be agreed upon by LESSOR and LESSEE at the time of each renewal. RENTAL The LESSEE shall pay to the LESSOR a monthly rental amounting to $1,300.00 . The aforesaid rental shall be payable in advance on the first day of each month. A 10°Io penalty shall be assessed if the rent is not received by the 8th day of every month. SUBLEI'TING AND ASSIGNING The LESSEE shall not assign or sublet any portion of the premises without prior written consent of the LESSOR. Any such assignment or subletting without consent will subject this Lease to possible termination. INSURANCE The LESSEE, at its cost shall maintain public liability insurance including bodily injury and property damage insuring LESSEE and LESSOR with a minimum coverage;6,f as required by state statute . LE5SEE shall provide LESSOR with a Certificate of Insurance � showing LESSOR as additional insured. The Certificate shall provide for a ten-day written notice to LESSOR in the event of cancellation or material change of coverage. Additionally, LESSEE at its cost shall maintain insurance coverage of its fixtures and furriitt�re if it so desires. UTILITY PAYMENTS LESSEE shall pay for all gas, electricity, heat, air conditioning, sewer and other utilities used in and upon the Leased Premises. MAINTENANCE, REPAIRS, ALTERATIONS LESSEE acknowledges that the premises are in good order and repair, �inless indicated herein. LESSEE shall, at his own expense and at all times, maintain the premises in good and safe condition, incliiding plate glass, electrical wiring, plumbing installations, and any other equipment upon the premises and shall siirrender the same, at termination hereof, in as good condition as received, normal wear and tear expected. LESSEE shall be responsible for all repairs required, excepting the roof, exterior walls, stn�ctural foundations, and heating and air conditioning ec�uipment, which shall be maintained by LESSOR. LESSEE shall also maintain in good condition such portions adjacent to the premises, such as sidewalks, driveways, and parking areas. LESSEE shall not commit any waste upon the premises, or any nuisance or act which may disturb the quiet enjoyment of any tenant in the building. ENTRY AND INSPECTI�N LESSEE shall permit LESSOR or LESSOR's agents to enter upon the premises at reasonable times and upon reasonable notice for the purpose of inspecting the same, and will � permit t}�e LESSOR at any time within sixty (60) days prior to the expiration of this lease, to place upon the premises any usual "FOR LEASE" signs, and permit persons desiring to lease the same to inspect the premises thereafter. INDEMI�IIFICATION OF LESSOR LESSOR shall not be liable for any damage or injury to LESSEE, or any other person, or to any property, occurring on the premises or any part thereof, and LESSEE agrees to hold LESSOR harmless from any claims for damages caused by LESSEE. SIGNS LESSOR reserves the exclusive right to the roof, side and rear walls of the premises. LESSEE shall not constnict, erect, or paint any e�xterior signage withotit the prior written consent of LESSOR, which consent shall not be unreasonably withheld. ABANDONMENT OF PREMISES LE55EE shall not vacate or abandon the premises at any time during the term hereof, and if LESSEE shall abandon or vacate the premises, or be dispossessed by process of law, or otherwise, any personal property belonging to LESSEE left upon the premises shall be deemed to be abandoned, at the option of the LESSOR. CONDEMNATION If any part of the premises shall be taken or condemned for public use, and a part thereof remains which is s�isceptible of occupation her�under, this lease sha(t, as to the part taken, terminate as of the date the condemnor acquired possession, and thereafter LESSEE shall be 4 required to pay such proportion of the rent for the remainin� term as the value of the pr�mises remaining bears to the totaf value of the premises at the date of the condemnation; provided however, the LESSOR may at his option, terminate this lease as of the date the condemnor acquires possession. In the event that the demised premises are condemned in whole, or that such portion is condemned that the remainder is not susceptible for use hereunder, this lease sha(I terminate upon the date upon which the condemnor acquires possession. All sums which may be payable on account of any condemnation shall belong to the LESSOR, and LESSEE shall not be entitled to any part thereof, provided however that LESSEE shall be entitled to retain any amount awarded to him for his trade fixtures or moving expenses. TRADE FIXTURES Any and all improvements made to the premises during the term hereof shall belong to the LESSOR, except trade fixtures of the LESSEE. LESSEE may tipon termination hereof, remove all his trade fixtures, bi{t shall repair or pay for all repairs necessary for dama�es to the premises occasioned by removal. DESTRUCTION OF PREMI5E5 In the event of partial destniction of the premises during the term hereof, from any cause, LESSOR shall forthwith repair the same, provided that such repairs can be made within sixty (60) days under existing laws and regulations, but such partial destn�ction shall not terminate this lease, except that LESSEE sha11 be entitled to a proportionate reduction of rent while such repairs are being made, based upon the extent to which the making of such repairs shall interfere with the business of LESSEE on the premises. If such repairs cannot be made within said sixty (60) days, LESSOR, at his option, may make the same within a reasonable _5 time, this lease continiiing in effect ��virh the rent proportionately abated as aforesaid, and in the event that LESSOR shall not elect to make st�ch repairs which cannot be made in sixty (60) days, this lease may be terminated at the option of either party. In the event that the bui(ding in which the demised premises may be situated is destroyed to an extent of not less than one-third of the replacement costs thereof, LESSOR may elect to terminate this lease whether the demised premises be injured or not. A total destniction of the btiilding in which the premises may be situated shall terminate this lease. In the event of any dispute between LESSOR and LESSEE �vith respect to the provisions hereof, the matter shall be settled by arbitration in such a manner as the parties may agree upon, or if they cannot agree, in accordance with the niles of the American Arbitration Association. SECURITY LE5SEE agrees to deposit with LESSOR a security deposit of - 0 - "1'he security deposit shall secure the performance of the LESSEE's obligation hereunder. LESSOR may, but shall not be obligated to apply all or portions of deposit on account of LESSEE's obligations heretmder. Any balance remaining upon termination shall be returned to LESSEE. LESSEE shatl not have the right to apply the Security Deposit in payment of the last month's rent. The balance of al( deposits shall be refunded within one week from the date possession is delivered to LESSOR together with a statement showing any charges made against such deposits. 6 NOTICES Any notice which either party may or is required to give, shall be given by mailing the same, postage prepaid, to LESSEE at the premises, or LE5SOR at the address shown below, or at such other plaees as may be designated by the parties from time to time. ENTIRE AGREEMENT The foregoing constitutes the entire agreement between the parties and may be modified only by written notice signed by both parties. This lease is binding upon and inures to the benefit of the heirs, assigns and successors in interest to the parties. ,!� DATED February 20, 1996 � � .---� icha . i11er�Cit Manager � SSEE � LESSOR 7 Exhibit A 2117-2121 BROADiWAY CAPE GIRARDEAU, ['� '4�i�: :�: �`` .��. :4!�:.: 54 �: �:�;�: :�:: :ti• ��K�'��: ❑ � 105.3 93.3 t i , "'.'-ag. '.-, . 35