LEASE This Lease, entered into this#,2,v#day of December, 2017, 15 made between PAUL HARKER. landlord and hereinafter referred to as "Lesson' and the OZARKS REGIONAL JUVENILE DETENTION DISTRICT, tenant, hereinafter referred to as "Lessee.° The parties to this Lease covenant and agree as follows: W 1. LEASE-DESCRIPTION OF PREMISES. Lessor leases to Lessee and Lessee takes as Tenant the following premises .... situated in the CIty of Mountain Grove, County of Wright, State of Missouri: The mailing ·address of the premises is: 1400 Industrial Park Drive P. 0, Box 390 Mountain Grove, Missouri 65711 The premises shall beused by Lessee for the purpose of a juvenile detention ... center, and for no other purpose. 2. TERM AND OPTION TO RENEW. The term of this Lease shall commence on the 24'h day of December2017, and continue for a period of five (5) years thereafter, unless earlier terminated as provided below. Lessee shall have the right to renew and extend this Lease for an additional term of five {5) years at the same lease rate, provided the renewal and extension is approved by the Presiding Circuit Judges of the District and notice of the renewal and extension Is .........i...............'.......'.. ...4.............'.............................................. .......'................................ 6 given to Lesson This Lease may be terminated. at the option of Lessee, in the event Lessee does not receive funding sufficientto enable itto pay this Lease obligation and the 6ther costs and expenses of operation of the Ozarks Regional Juvenile Detention District, and/or in the event the staff provided by the State of Missouri for Lesseels ¢ 4 operations is reduced oreliminated. Lessee agrees to provide sbc (6) months advance written notice of termination to Lessor under this provision. In the event of termination, Lesseeshall have no further duties. obligations or liabilities under this Lease .: Agreement. 3. RENTAL. Lessee shall pay as rent the annual amount of One Hundred Eight Thousand -- I. Twenty and noMOO Dollars ($108,020.00), which shall be paid in equal monthly : installments of Nine Thousand One and 66/100 Dollars (39,001.66), payable in advance of the first day of each month during the terra set forth in paragraph 2 and during any renewal or extension period. The rent shall be payable without demand at First Home Savings; Bank, P. O. Box 807, Mountain Grove, Missouri 65711, or at such other place as Lessor from time to time may designate in writing. In addition, Lessee shall pay as ..... additional rent to Lessoran amount equal to the full amount of the yearly property tax on ... the premises. said hmount to be paid [n full with the monthly rent immediately after the taxes are paid by Lessor. 4. UTILITIES. All utilities including gas, electricity, water. heat, sewer, and every other utility 2 1,:r L 6 shall be paid for by Lessee and shall be the sole responsibility of Lessee. Lessee shall pay any connection fee or hook-up charge required toobtain any utility aAdshall have ihe utilities placed in the name of Lessee. Lessee shall provide any security or deposits «. mquired by any utility. 5. ASSIGNMENT AND SUBLETTING. This Lease shall not be assigned nor shal[ the premises or any part thereof be let or sublet by Lessee, or used or permitted to be used for any purpose other than as provided herein without the prior w;itten consentof the Lessor. 6. REPAIRS AND MAINTENANCE. Lessee shall be responsible for the maintenance and repair of the premises and Lessee shall repair all damage resulting from Lessees use oroccupancyofthe premises. ·L ALTERATIONS AND ADDITIONS. All alterations and additions deemed necessary by Lessee shall be made only with the priorwritten consent of the Lesson Any such alterations or additions by Lessee shall be and remain the property of Lessor and be surrendered with the premises as a part thereof on termination of this Lease, except that all fixtures added or installed by Lessee shall be removed and remain the property of the Lessee on termination of this Lease provided that such fixtures can be removed without damaging the premises. 4 3 1 1 8. SIGNS AND AWNINGS. Lessee covenants and agrees not to affix any awning, or ta print or paint any sign upon any part of the premises without the prior written consent of Lessor, and if Lessee, without the written consent of Lessor, shall affix any awning to or place or paint any sign ..... lilli... on the premises. or any partthereof, Lessor may at once enter and remove such awnings. or take down, paint out.'or obliterate such sign, and repair any damage done, and charge the cost of same to Lessee. ................. 9, STRUCTURAL CHANGES PROHIBITED. Lessm shall not bore. cut iAG, or otherwise structurally weaken any column, beam, wall. ceiling, floor: or any other part of the premises for any purpose whatsoever without the prior written consent of Lesson In the event Less&e shall make any stnictunal changes or additions to the premises, or so bore, cut, or structurally weaken any part of the premises. Lessor mayat ohce enter and repair any damage done or replace any parts, and charge the costof the same to the Lessee. 10. NUISANCES· PROH]BITED. Lessee shall keep and preserve the premise& free from nuisance. and not use or permit the use ofthe premises, or any part thereof, for any purpose forbidden by lawor by this Lease. 11. INSPECTIONSt . Lessor may at all reasonable hours enter upon any part of the premises for the purpose of examining or inspecting the conditions of the demised premises. --- 1 12. INSURANCE. a> Lessee shall Insure the premises during the term of this Lease from loss by fire, wind, hail, and lighting rcasualty loss"). b) Lessee shall purchase liability 1.osurance in the amountof One Million Dollars ($1,000.000.00) which shall provide coverage for any injury to any person on the premises leased by Lessee, and for : any other Bability which may result from Lessees' use or occupancy: of the leased ptemise. 13. DAMAGE TO OR DESTRUCTION OF PREMISES. If during the term of this Lease any building on the demIsed premises, or any part .. of the demised premises, is damaged or destroyed from any cause, then the following' provisions shall apply: a} If the premises are damaged or: partially destroyed, then any insurance proceeds payable for such damage shall be used by Lessor to repair or replace the damaged portion of the premises. If the premises are rendered untenantable by Lessee due to such damage or due to the work required to repair such damage: then the rent shall be abated during the time period that the premises are untenantable.2 0, b) If the premises are totally destroyed, then efther Lessor or Lessee may, at their option, terminate this Lease by giving the other pady written notice thereof within thirty (30) days after such damage. If 5 - -&#---;--(------.--./.-. ii iiI ili.. .... either party elects to terminate the Lease, then al] duties and H obligations of the parties under this Lease shall be immediately :E canceled. ........ :R 14. SURRENDER ON TERMINATION. The Lessee shall surrendefthe premises at the expiration or termination of Uils i i Vi Lease and the same shall be in as good a condition as received, ordinary wear and tear excepted. The parties acknowledge the building to be constructed by Lesser may readily be - adapted for use by other private or public businesses or organizations. Lessee agrees that during the final year of this Lease, It will allow other such potential users to inspect the premises for the purpose cf evaluating and planning renovallons to the building f6r : such alternative uses. 1'5. DEFAULT. TERMINATION AND REENTRY BY LESSOR. *If any default shall be made in the-payment of rent or any part thereof at the time provided, or if Lessee shal] abandon or vacate the premises, or shall become inso[vent, or if Lessee shall default in the perfonnance or observance of any covenant term or condition herein contained ta be performed on Lessee's part,then Lessor may at his election give Lessee thirty (30) days written notice of default, Lessee shall have thir¥ (30) days after receipt of such written notice to cure the default or to pravide adequate assurance to Lessor that Lessee is not in default underthis Lease. If Lessee fails to 6 /4 FEd::t mi ..fiti KiliBBEEMORER*5*ESBEESBEEMEFEBEHEWeEMBEFEBEESSEMBENE:11':ma:1·:':11':·:mi·:Din 04: ' :14 4. cure the default Within the thirty (30) day period. then Lessor may declare termination of this Lease. Upon termination, Lessor may, with or without demand, reenter and take possession of the demised premises, and Lessee shall peacefully surrender possession thereof to Lesson Upon taking possession hereunder, Lessor may at his election l. terminate this Lease by giving Lessee written notice thereof, or Lessor may re.let the premises as an agent for Lessee and pursue all available remedies under this Lease. 10. REQUIREMENTS FOR LEASED PREMISES. The premises shall, at the time delivered into Lessee's possession, consist of a 32-bed juvenile detention facility which complies with all requirementa for such facilities .. imposed by state, federal: and local laws: rules. or regulations, including the requirements set forth in Missouri Supreme Rule 111.03. In the event the facility tendered by Lessor fails to meet such requirements, then this Lease shall be null and void and the parties* .... I. shall have no further obligations or duties under this Lease. 17. OWNERSHIP. Lessor shall retain ownership and title lothe leased premises, and shall pay and ... be responsible for payment of all property taxes and assessments. Lessor shall have the right to sell tile leased premises during the term of this Lease, and any purchaser shall be infonned of ihis Lease and take the land subject to fills Lease and its provisions, 18. SEVERABILITY. Should any one ot more provisions of this Contract be declared to be invalkl. unlawful, or unenforceable in any respect, then such provision shall be severed from this Lease and allof the remaining terms and provisions of this Lease shall remain in full force 4. and effect. ... ..... -- 7 .. :EEi. E E :. iii. RF'.' '.. '.. ., "'..i®11® i.liiNY!!killi" '."."."Li.i......"iwi.i "i,i ...*i!..ilimilfiti "1*mmit#*"ilm 1... BEE ME ::Ei f.ii .... 19. COMPLIANCE WITH LAW. This Lease shall be Interpreted in compliance with all requirements ahd obligations of Missouri law, including, wlthout limitation, the limitation on the indebtedness of Counties and local governments set forth in Article VI, Section 26, of the Missouri Constitution and in the Missouri statutes. 20. EXECUTION IN COUNTERPARTS. This Lease may be executed In any number of counterparts. by email/pdf or facsimile signatures, all of which shall be an original, but all such counterparts shall together constitute one and the same document and be fully enforceable as though a single copy of this Lease were executed by all parties.: :.::It 21. TIME IS OF THE ESSENCE. Tlrne is ofthe essence under this Lease. 22. i NO CONSTRUCTIVE WAIVER. : No waiver of any rjght to reenterortemilnate, by acceptance of rent or otherwise, shall walve any subsequent right to reenter or terminate for subsequent breach of anli covenant, term or condition of this Lease; nor shall any fonsent by Lessor to any. .... assignment or subletting ofthe premises, or any partihereof: waive anyofthe covenants, terms or conditions of this Leaild, aAd Paragraph 5 on assignments and subletting shall 1 mmain in full force'and effect as to Gil su8quent assignments and sublettings. 23· ATTORNEY FEES. In the event either of the parties is required to bring an action at law or in equity to i enforce the terms of this Lease; then the prevailing party shall be entitled to recover, in i addition to any other damages, its reasonable attorney fees (including appellate ... 8 215:' 5 -I m 6,;.;;6::.:..:h:::.:.:.t::·i.:i:7#,ThiRII!:82*ini:1:Ii:litlim®%1:ijIi:{!iIR.!11111!i-jit;i'initilittill:tin:mii:pitainii:6;intii!!Rii!FigHIHimimit:il M -u'lt , fees), as they may be set bythe Court in which the origlnal action isbrought. 24. CHOICE OF LAW. This Lease shall be construed, interpreted, and enforced in accordance with the law of the State of Missouri. 25. NOTICES. ....:./> ..i·.2. Any notices or demand under this Lease shall be given to the other pafty by personal service, or by registered or certified mail. Such notice shall be addressed to f Lessor at 3290 Highway 95, Mountain Grove, Missouri 65711; or such other address as may be designed by Lessor in writifig; and to Lessee atthe premises herein leased. orit such otheraddress as Lessee may designate In writing. 26. P DEFINITIONS. Whenever the term 'Lessor" is used herein. it shall be construed to mean and ....... include the heirs, successors, assigns, and personal or legal representatives of Lessor. The term °Lessee" shall mean and include the successors, assigns, and legal representatives of Lessee. 9 ii:K iii:E..... BIESE:'idE'f**EN®*Wa©Hii®8F,MNMB#M#**im#*Mh#WEEMOMEEMIN·i Mi W.PE1 2 21: ............................................4+.'........... IN WITNESS WHEREOK the parties have duly executed the foregoing jnstrument effective as of the day and year first above written. LESSOR: LESSEE: THE OZARKG REGIONAL JUVENILE 25&24 DETENTIONBISTRICT i Byl C-LOU i PAUL HARKER ; HONORABLE,CRAIG CARTER PRESIDING,CIRCUIT JUDGE : 44TH JUDICIAL CIRCUIT,1 HONORABLE LAURA JOH¥BON PRESIDINGVCIRCUlT JUD* '38TH JUDICIAL CIRCUIT By: --4 4. C).. HONORA,52 TON¥ WILLIAMS PRESIDING CIRCUIT JUDGE 46™ JUDICIAL CIRCUIT ,· ·2·I.9 10 ... m Mi E - H€ .EE .M. .-9: T>C»mt: :