HomeMy WebLinkAboutRes.3605.05-06-2024 BILL NO. 24-47 RESOLUTION NO. 3 (00 5
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE A COMMERCIAL A LEASE AGREEMENT WITH
PARTNERS FOR GOOD HOPE, NP, FOR A POLICE
SUBSTATION LOCATED AT 629 GOOD HOPE STREET, 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
Lease Agreement with Partners for Good Hope, NP, for a Police
Substation located at 629 Good Hope Street. The Agreement shall be
in substantially the form attached hereto, which document is
hereby approved by the City Council, and incorporated herein by
reference, with such changes or amendments as shall be approved by
the officers of the City executing the same. The officers, agents,
and employees of the City are hereby authorized to execute all
documents and take steps as they deem necessary and advisable to
carry out and perform the purpose of this Resolution.
PASSED AND ADOPTED THIS h DAY OF M( , 2024 .
' Ill
Stacy Ki •e M.:yor
ATTEST:
OruceTaylov
MA __ieputy City Clerk
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COMMERCIAL SUB-LEASE
THIS SUB-LEASE("Sub-Lease") is made and entered into on this day of May, 2024, by
and between Partners for Good Hope,NP,601 N. Broadview St. Cape Girardeau,MO,hereinafter called
"SUB-LANDLORD", and City of Cape Girardeau, Missouri, a home rule charter city and political
subdivision of the State of Missouri,whose address is 44 N.Lorimier St.,Cape Girardeau,MO,hereinafter
called"SUB-TENANT".
WITNESSETH:
WHEREAS, SUB-LANDLORD leases from Boomerang Holdings, LLC, that certain improved
commercial real estate located at 629 Good Hope,Cape Girardeau,Missouri (hereinafter,the"Property")
pursuant to that certain commercial lease agreement dated the 28th day of April, 2024 (the "Primary
Lease");and
WHEREAS, under the terms of the Primary Lease, SUB-LANDLORD may sub-lease all or any
part of the Property for the purposes of promoting the redevelopment of opportunities within the south side
of Cape Girardeau, Missouri; and
WHEREAS, SUB-TENANT desires to lease from SUB-LANDLORD the first (ground level)
floor consisting of approximately 1,250 square feet of space of the Property(the"Premises"); and
WHEREAS, SUB-TENANT is willing to operate and maintain a police sub-station on the
Premises under the terms of this Sub-Lease for the purposes of promoting the redevelopment of
opportunities within the south side of Cape Girardeau,Missouri.
NOW THEREFORE, IN CONSIDERATION of the mutual covenants contained in this Sub-
Lease, SUB-LANDLORD hereby leases to SUB-TENANT,and SUB-TENANT hereby leases from SUB-
LANDLORD,the Premises herein described, upon the following terms and conditions:
1. RENTAL PROPERTY. SUB-LANDLORD leases to SUB-TENANT the Premises.
2. IMPROVEMENTS TO PROPERTY. SUB-LANDLORD agrees to make certain improvements
to the Premises, at the sole expense of Sub-Landlord, prior to the Commencement Date (defined herein)
in accordance with the provisions described in Exhibit A, attached hereto and incorporated herein by
reference("Sub-Landlord's Work"). Exclusive possession of the Premises, substantially complete as to
Sub-Landlord's Work, shall be delivered to Sub-Tenant on or before March 1, 2025. For purposes of this
Sub-Lease, Sub-Landlord's Work shall be deemed to be "substantially completed" for all purposes under
this Sub-Lease(i) if and when Sub-Landlord's Work has been completed in accordance with Exhibit A to
the point that SUB-TENANT may commence the installation of its furniture, fixtures and equipment to
commence its business operations("Sub-Tenant's Work")without unreasonable interference from SUB-
LANDLORD's contractor performing Sub-Landlord's Work, (ii) Sub-Landlord's Work is substantially
complete in compliance with the plans and specifications therefor except for minor,finish-out and so-called
punch list items, and (iii) Sub-Landlord's Work will comply with applicable codes such that Sub-
Landlord's Work in the Premises will not be grounds for any municipality to refuse to issue to SUB-
TENANT an occupancy permit.
3. TERM. This Sub-Lease shall be for a term of twenty (20) years beginning on the date SUB-
LANDLORD delivers the Premises to SUB-TENANT after completion of Sub-Landlord's Work such that
SUB-TENANT may take possession and install its furniture,fixtures and equipment(the"Commencement
Date")(the"Initial Term"). Possession shall be delivered to SUB-TENANT on the Commencement Date.
The SUB-TENANT shall have the right to terminate this Sub-Lease if the SUB-LANDLORD fails to
complete the Sub-Landlord's Work to the satisfaction of the SUB-TENANT and deliver possession prior
to March 1, 2025. Provided that SUB-TENANT shall not be in default in the keeping and performing of
any of the covenants or provisions of this Sub-Lease, SUB-TENANT shall have the right to renew the term
of this Sub-Lease for five(5) successive periods of five (5)years (the "Renewal Terms"or, individually,
"Renewal Term"), upon the same terms and conditions provided herein. In the event SUB-TENANT is
not in default,this Sub-Lease shall be automatically renewed unless SUB-TENANT,at least six(6)months
prior to the expiration of the Initial Term or any Renewal Term, as the case may be, notifies SUB-
LANDLORD, in writing,of its election not to renew the term of this Sub-Lease. If such notice is not given,
this Sub-Lease shall be deemed to be renewed and the term thereof extended for a period of five(5)years
from the date of expiration of the Initial Term or the previous Renewal Term, as the case may be. If the
Commencement Date is other than the first day of the month, the Initial Term of the Sub-Lease shall be
deemed to be extended to include such partial month so as to end on the last day of the month.
NOTWITHSTANDING THE ABOVE, SUB-LANDLORD agrees the SUB-TENANT shall
have the option to terminate this Sub-Lease prior to the end of the Initial Term. If the SUB-TENANT elects
to terminate this Sub-Lease prior to the end of the Initial Term,the SUB-TENANT shall provide the SUB-
LANDLORD notice in writing of the election to terminate not less than one (1) year prior to such
termination date.
4. RENT. SUB-TENANT agrees to pay, without demand, to SUB-LANDLORD as rent for the
demised Premises, in advance on the 1st day of each twelve(12) month period during the Initial Term and
any Renewal Term,the sum of$12.00 per year.
5. USE OF PROPERTY EXCLUSIVELY AS A POLICE SUBSTATION.SUB-TENANT agrees
to use the Premises only as a Police Substation and for no other purpose. SUB-TENANT covenants
to allow the community room(as depicted on Exhibit B) located at the rear of the Premises to be used for
community events, educational meetings and local community needs related to the safety
and redevelopment of opportunities within the south side of Cape Girardeau,Missouri,at reasonable times
and at the discretion of the SUB-TENANT.
6. QUIET ENJOYMENT. The SUB-LANDLORD covenants that it has lawful title to the Premises
and the right to make this Sub-Lease for the term aforesaid and that SUB-TENANT shall peacefully and
quietly have, hold,and enjoy the Premises for the agreed term,provided that SUB-TENANT pays the rent
and performs the covenants,terms and conditions contained in this Sub-Lease.
7. SURRENDER OF PROPERTY. SUB-TENANT agrees to surrender the Premises at the end of
the Term in the same condition as when SUB-TENANT took possession, allowing for reasonable use and
wear, and damage by acts of God.
8. MAINTENANCE/REPAIRS/CLEANING. SUB-TENANT shall, throughout the Initial Term
and any subsequent Renewal Terms,unless this Sub-Lease has been terminated,at its sole cost and expense,
be responsible for all maintenance, repairs and cleaning of the Premises and keeping the Premises in good
repair and in a well-maintained,clean,safe,aesthetically pleasing manner and sanitary condition,free from
waste or nuisance of any kind.
9. UTILITIES. SUB-TENANT shall be responsible for all utility charges for water, electric, gas,
telephone and interne services furnished to the Premises. SUB-TENANT shall be responsible for regular
trash and garbage removal.
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10. INSURANCE.
A. Sub-Landlord Insurance. SUB-LANDLORD shall be responsible for maintaining fire and
extended coverage insurance on the Premises. SUB-TENANT shall be responsible for
procuring and maintaining at SUB-TENANT's sole expense during the Sub-Lease Term: (a)
insurance to cover any personal property of SUB-TENANT located on the Premises; and (b)
commercial general liability insurance with limits of $1,000,000 per occurrence and
$2,000,000 annual aggregate, for both bodily injury and property damage. The policy shall
cover accident or damage in or about the Premises and shall name SUB-LANDLORD as an
additional insured thereunder. The policy shall be with an insurance company with an A.M.
Best rating of at least A-. A Certificate of Insurance shall be delivered to SUB-LANDLORD
promptly after the Commencement Date, and copies of each renewal Certificate of Insurance
shall also be promptly delivered to and maintained by SUB-LANDLORD.
B. Sub-Tenant Insurance. Sub-Tenant shall secure and maintain at its own cost and expense,
throughout the duration of this Sub-Lease, insurance of such types and in such amounts as may
be necessary to protect it and the interests of Sub-Landlord against all hazards or risks of loss
as hereunder specified or which may arise out of the performance of this Sub-Lease. Such
policies shall name Sub-Landlord as an additional insured, with limits of liability not less than
the sovereign immunity limits for Missouri public entities calculated by the Missouri
Department of Insurance as of January 1 each calendar year and published annually in the
Missouri Register pursuant to Section 537.610, RSMo. (See,
http://insurance.mo.gov/industry/sovimmunity.php). This provision shall not operate as a
waiver of sovereign immunity.
11. ENTRY ON PROPERTY BY SUB-LANDLORD. SUB-LANDLORD and SUB-LANDLORD's
agents shall have the right at scheduled and approved times in advance with the SUB-TENANT during the
term of this Sub-Lease to enter the Premises for the purpose of inspecting the Premises, or to make repairs
that SUB-TENANT may neglect or refuse to make in accordance with the provisions of this Sub-Lease,and
to show the Premises to prospective buyers or to prospective SUB-TENANTs.Notwithstanding the forgoing,
SUB-TENANT shall be in exclusive control and possession of the Premises, and SUB-LANDLORD shall
not be liable for any injury or damages to any property or to any person on or about the Premises or for any
injury or damage to any property of SUB-TENANT.
12. SOVEREIGN IMMUNITY. In no event shall the language of this Sub-Lease constitute or be
construed as a waiver or limitation of the SUB-TENANT's rights or defenses with regard to applicable
sovereign, governmental, or immunities and protections as provided by federal and state constitution or
law.
13. DESTRUCTION OF PROPERTY. The parties agree that if the Premises is totally destroyed or
rendered wholly untenantable by fire or otherwise, without fault or negligence of the SUB-TENANT,this
Sub-Lease shall terminate as of the date of destruction, and a pro-rata proportion of the prepaid rent shall
be refunded to the SUB-TENANT. If the Premises is partially destroyed or rendered partially untenantable
by fire or otherwise, without fault or negligence of the SUB-TENANT, SUB-LANDLORD shall proceed
without undue delay to render the Premises wholly Tenantable,and if SUB-LANDLORD shall fail to render
the Premises wholly Tenantable within ninety (90) days after such damage and notice thereof, the SUB-
TENANT shall have the option to terminate this Sub-Lease by written notice.
14. HOLDING OVER. If SUB-TENANT fails to surrender the Premises at the expiration of the
Term SUB-TENANT shall be liable for paying double the monthly Rent, pro-rated for each day SUB-
3
TENANT remains in possession, and subject to suit for unlawful detainer or any other appropriate action
for eviction available to SUB-LANDLORD in equity or at law.
15. TRADE FIXTURES AND SIGNS. SUB-TENANT shall be allowed to install movable trade
fixtures, including signs advertising for the Police Substation; and (ii) prior to installing any signs, SUB-
TENANT must first submit the proposal for such signage to SUB-LANDLORD for approval, which shall
not be unreasonably withheld or delayed. Additionally, SUB-TENANT shall have the right to install, at
SUB-TENANT's expense, a sign on the entrance door to the Premises. SUB-TENANT shall remove any
such property installed by it in or on the Premises and should such removal result in any damage to the
Premises, SUB-TENANT shall be obligated,at its own cost and expense,to repair such damage and restore
the Premises to their original condition, ordinary wear and tear excepted. Any trade fixtures (including
signs)or other personal property not removed at the expiration or earlier termination of this Sub-Lease shall
be deemed abandoned and shall become the property of SUB-LANDLORD unless otherwise prohibited by
law.
16. CONDEMNATION. Any condemnation award shall belong exclusively to SUB-LANDLORD.
17. ASSIGNMENT/SUBLEASE.The SUB-TENANT shall not be permitted to assign or sublease the
Premises,or any part thereof,without the express written consent of the SUB-LANDLORD,which may be
withheld for any reason at SUB-LANDLORD's discretion. Any assignment or sublease shall not relieve
the SUB-TENANT of its obligations for the rent,and SUB-TENANT shall continue to be liable for the rent
for the term of this Sub-Lease. Any assignment or sublease in violation hereof shall be void. SUB-
LANDLORD shall have the right to transfer and assign, in whole or part, all of its rights and obligations
under this Sub-Lease and in the Premises, and this Sub-Lease shall by operation of law automatically be
transferred to the purchaser in the event SUB-LANDLORD sells the property on which the Premises is
located. The term "SUB-LANDLORD" as used in this Sub-Lease, so far as covenants or agreements on
the part of SUB-LANDLORD are concerned,shall be limited to mean and include only the owner or owners
of SUB-LANDLORD's interest in this Sub-Lease at the time in question, and in the event of any transfer
or transfers of such interest,the SUB-LANDLORD herein named(and in case of any subsequent transfer,
the transferor) shall be automatically freed and relieved from and after the date of such transfer of all
personal liability as respects the performance of any covenants or agreements on the part of SUB-
LANDLORD contained in this Sub-Lease thereafter to be performed.
18. SUBORDINATION. This Sub-Lease and all rights of SUB-TENANT under this Sub-Lease shall
be subject and subordinate to the lien of any and all deeds of trust that may now or hereafter affect the
Premises,or any part of the Premises,and to any and all renewals,modifications,or extensions of any such
deeds of trust SUB-TENANT shall, on demand, execute, acknowledge and deliver to SUB-LANDLORD,
without expense to SUB-LANDLORD, any and all instruments that may be necessary or proper to
subordinate this Sub-Lease and all rights in this Sub-Lease to the lien of any such deed of trust.
19. DEFAULT AND TERMINATION. If the SUB-TENANT shall fail to pay any installment of
Rent, or any part thereof, when the same shall become due and payable as herein provided, or shall fail to
comply with any of the terms, covenants, or conditions of this Sub-Lease, and if either such default shall
continue after sixty(60)days' notice in writing from the SUB-LANDLORD to the SUB-TENANT to cure
such default, then in any such case or event, the SUB-LANDLORD may terminate this Sub-Lease upon
further written notice to the SUB-TENANT that the Sub-Lease shall thereupon terminate no less than sixty
(60)days from the date of said notice and after such notice period the mere retention or possession thereof
by SUB-TENANT shall constitute an unlawful detainer. In the event this Sub-Lease is terminated by the
SUB-LANDLORD as authorized herein,SUB-TENANT's obligation to pay Rent for the full term shall not
be terminated;provided,however,that SUB-TENANT shall be entitled to a credit for any rentals thereafter
4
collected by SUB-LANDLORD for re-renting the Premises during part of the balance of the term hereof,
less any expenses in connection with same. Upon termination of this Sub-Lease, SUB-TENANT shall quit
and surrender to the SUB-LANDLORD peaceful possession of the Premises. If SUB-TENANT shall fail
to deliver possession back to SUB-LANDLORD,SUB-LANDLORD may reenter the Premises and remove
any and all persons and property therefrom and repossess and enjoy the Premises again.
20. REMEDIES CUMULATIVE/WAIVER. All remedies of SUB-LANDLORD under this Sub-
Lease are cumulative and are given without impairing any other rights or remedies of SUB-LANDLORD
as provided by law.A waiver by the SUB-LANDLORD of any breach by the SUB-TENANT of any of the
covenants or conditions of this Sub-Lease shall not be deemed to waive or impair any right or remedy which
the SUB-LANDLORD may have because of other or subsequent breach by the SUB-TENANT of any such
or other covenant,term or condition.
21. NOTICE. All notices, demands, or other writings in this Sub-Lease provided to be given, made,
or sent by either party to the other, shall be deemed to have been fully given, made or sent when made in
writing and either(1) personally delivered to the SUB-LANDLORD or the City Manager; or(2) sent by
registered or certified mail, postage prepaid, and addressed to the respective parties at the addresses
contained on the first page of this Agreement. If such notice is mailed, it shall be deemed to have been
served two (2) business days after being deposited in the U.S. mail. The address to which any notice,
demand or other writing may be given or made or sent to any party as above provided may be changed by
written notice given by such party as above provided.
22. GOVERNING LAW. This Sub-Lease shall be governed, construed and interpreted by, through
and under the laws of the State of Missouri.
23. BINDING ON SUCCESSORS AND PERMITTED ASSIGNS. This Sub-Lease and each and
every one of the terms and conditions hereof shall be for the benefit of and binding upon the parties hereto,
their respective successors and permitted assigns.
24. MISCELLANEOUS. That this Sub-Lease constitutes the entire agreement and understanding
between the parties hereto and supersedes any prior or oral agreement or understanding relating to the lease
of the subject Premises. This Sub-Lease may be modified or amended only by written agreement by the
parties hereto.
25. ELECTRONIC SIGNATURES. Signatures to this Sub-Lease transmitted by facsimile or by
email shall be valid and effective to bind the party so signing. Each party agrees to promptly deliver an
execution original to this Sub-Lease with its actual signature to the other party, but a failure to do so shall
not affect the enforceability of this Sub-Lease, it being expressly agreed that each party to this Sub-Lease
shall be bound by its own telecopied or scanned signature and shall accept the telecopied or scanned
signature of the other party to this Sub-Lease.
SIGNATURE PAGE TO FOLLOW
5
IN WITNESS WHEREOF,the parties have executed this Sub-Lease to be effective the day and
year first above written.
SUB-LANDLORD SUB-TENANT
PARTNERS FOR GOOD HOPE,NP CITY OF CAPE GIRARDEAU,MISSOURI
By:As-ea/L.& kaaf.,‘ By:
Lisa J.Blank,President Naifie.:KeKnefitievf[iipAkaup,2024 12:14 CDT)
Title: City Manager
Signature Page to Commercial Sub-Lease
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629 Good Hope Sub-Lease Agreement
Final Audit Report 2024-05-09
Created: 2024-05-09
By: BRUCE TAYLOR(btaylor@cityofcape.org)
Status: Signed
Transaction ID: CBJCHBCAABAAQJssIS-uVWBFYrBoVcCJzv-TGbivswmj
"629 Good Hope Sub-Lease Agreement" History
,t Document created by BRUCE TAYLOR(btaylor@cityofcape.org)
2024-05-09-5:07:34 PM GMT-IP address:35.134.156.158
2e Document emailed to Lisa J. Blank(sblank@bistateoilcompany.com)for signature
2024-05-09-5:07:40 PM GMT
2. Document emailed to Dr. Kenneth Haskin (khaskin@cityofcapegirardeau.org)for signature
2024-05-09-5:07:40 PM GMT
t Email viewed by Dr. Kenneth Haskin (khaskin@cityofcapegirardeau.org)
2024-05-09-5:14:16 PM GMT-IP address: 104.28.103.18
Lf® Document e-signed by Dr. Kenneth Haskin (khaskin@cityofcapegirardeau.org)
Signature Date:2024-05-09-5:14:56 PM GMT-Time Source:server-IP address:35.134.156.158
t Email viewed by Lisa J. Blank(sblank@bistateoilcompany:com)
2024-05-09-6:05:41 PM GMT-IP address:96.35.153.170
et. Document e-signed by Lisa J. Blank(sblank@bistateoilcompany.com)
Signature Date:2024-05-09-6:45:06 PM GMT-Time Source:server-IP address:97.88.184.146
Q Agreement completed.
2024-05-09-6:45:06 PM GMT
lei Adobe Acrobat Sign