HomeMy Public PortalAboutORD12843 1
Y
BILL MO. 98-107
r SPONSORED BY COUNCILMAN McDowell
ORDINANCE NO.
i
i
l AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH SHO-ME COACH,
i IRIC. FOR LEASE OF BUS STATION FACILITY.
BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS
FOLLOWS:
Section 1. The Mayor and City Clerk are hereby authorized and directed to execute
an agreement with Sho-Me Coach, Inc. for Lease of Bus Station Facility.
;.
Section 2. The agreement shall be substantially the same in form and content as is
that agreement attached hereto as Exhibit A.
Section 3. This Ordinance shall be in full force and effect from and after the date of
its passage and approval.
i
Passed:_ f�-' —, `� � -- _ Approved: /��d u'
residing Officer Mayor
yyi
EST: APPROVED AS TO FORM:
City CI rk City Counse o —
y },
l
,i �+�'�it�yi+F�k7!* kv4415t..k'°fn,.4'ix',:?.m re. .... ... ,...r .. ....,.. s4•:.r ..
y
rF {f 1
11
? 5 t
�^ O�f�L1Ylr!•{ri� ' f�r:�wz 4l aY �___._�--._- --.. _ _. 'C i.C,•.it_ `?.11
C
r
CITY OF JEFFERSON r
EXTENSION OF BUnDINC LEASE TERM
i the Missouri,a municipal corporation,hereinafter designated"City,"with offices
Wg1l�REAS, e City of.Jefferson, p rp g
at 320 East McCarty, Jefferson City, Missouri, 65101, entered into a Lease with Sho•-Me Coaches, Inc.., a
Missouri corporation,hereinafter referred to as"Lessee,"for the period beginning December 1. 1998 and ending
November 30, 1999; and
WHEREAS,the parties wish to extend the Agreement for a final one (1) year period.
1 NOW,THEREFORE, be it agreed as follows:
1. The parties agree that the original term of the lease is hereby extended for one (1) year, froin
December 1, 1999 to November 30, 2000.
I
2. All other sections of the Lease in effect for the period beginning December 1, 1998 and ending
November 30, 1999; shall remain in full force and effect.
IN TESTIMONY WHEREOF, the parties have hereunto set their hands and seals this�� day of
December., 1999.
1.
CITY OI�` F)l+'ili;lt�SUN, lO�IISSOI1ll�I SHO-ME COACHES, INC,
" �
M or "I
1
ATTEST: ATTEST: ►.
i Clerk: Title:
j .
{ APPRC7VED AS TO
S.
: r
„s ,ity Cotuis <
r
4 s #
HASecretarj\Contract Fi1es\1cases\sho-mc caach&sho-me couches 02\Lcase Amendment 12-99.wpd
s '. ��( ����a.�??fist .x tl.mmk:-sd1 ,:.•,;, ..-.i.M1"- .i- t . r . i '�r .' f� y�"T f f
r .
rf t r f.
4 01..
I
• /OZ Y4 3
CIT y OF JFFFERSON
LEASE AGREEM ENT
THIS LEASE AGREEMENT is made and entered into this 9- "clay of December, 1.99 3, by and
between the City of Jefferson,Missouri, a municipal corporation,hereinafter referred to as"City," and �
Sho-Me Coaches, Inc., hereinafter referred to as ".Lessee."
i
WITNESSETH:
� r
VMEREAS,City desires to let and City desires rent the building located at 620 West McCarty Street,
Jefferson City, Missouri, hereinafter designated as the "premises."
i
NOW,THEREFORE,be it agreed as follows:
Warranty of Title.
and has full right and power to grant the eatate
A. City has a title interest to the premises
demised and to execute and perform this lease; and
B. The premises is now and will remain free and clear of all encumbrances which eel-11d
adversely affect Lessee's leasehold estate; and
+
C. The intended use of that premises for a bus terminal is permitted by all appLacable
laws and regulations; and 4
zoning la g
e ordinances, regulations and zoning and other
D. The premises complies with all apphcabl o gul _
laws.
{
i
Term i
The term of this lease shall be for a period of one (1) year, commencing on December 1,
1998 at 12:01 a.m., and ending on November 30, 1999 at midnight. This lease agreement may be f
extended up to one (1)year by mutual agreement. !
I
Rent.
`:. A. The rent for the term of this lease shall be One Thousand Dollars($1,000.00)per month,
payable in advance on the first day of each month. The City will waive its right to collect
rent on a month-to-month basis as long as Lessee provides inter-city bus services. In the
the rent shall be fully due and owing.
event inter-city bus service is not in operation,
Such rental payments shall be made at the City of Jefferson, 320 East McCarty Street,
Jefferson City, Missouri, 65101.
B. City will collect no payment in any month that Company has fully complied with"Rural
f „ Transit Assistance Program Agreement." Value of the rent will be take as a creel t by
the City as set out in the Section 18(I)Grant from the Missouri Ifighway transportation
r r
:ffmrea�.�u. �t - - .- - - - —.L. ___ ,' .. . . ... .r :. ..a.•,.:
n _ i
t
i
I
department contract.
� I
WENDING AND OTHE�i
SF ItVICES
- I
Lessee shall have the right, at its sole option, to furnish certain eervices and to install.
equipment required for such services, which services may include, but shall nut'be limited to: vending s
of food, snacks, non-alcoholic beverages, and cigarettes; pay telephones; lockers; corn-operated !
newspaper stands; and Western Union.. { �
PER 'E OF OCCUPANCY
City represents and warrants that it shall: 7
I ,
A. Ascertain or otherwise assure itself that Lessee shall be permitted to
operate its business at and from the leased premises;
B. Ac
quire an and all required use permits and zoning approvals or
q y
variances and maintain same during the term of this lease; and
C. Secure any and all required building and associated permits.
i
USE
r
Lessee agrees that the leased premises shall be used for: �
A. Inter-city bus services purposes, including but not limited to sales of l .
tickets, loading and discharge of passengers and baggage, handling of
of equipment and materials to provide for
baggage, staging and storage
the safety, comfort, and convenience of its passengers, handling of
package express shipments and package express shippers, charter ! '
activities, and ancillary services;
t ,
B. other use proposed by Lessee subject to City approval. {
NO WASTE NUISANCE, or UNLAWFUL USE s
Lessee shall not commit or allow to be committed any waste on the leased
premises, create or allow any nuisance to exist on the leased premises, or use or allow the leased
premises to be used for any unlawful purpose.
,x ,
INGRESS AND EGRESS
Lessee shall have the right of ingress and egress to and from the leased premises and shall.,not
x« be restricted in the operation of its motor buses to and from the leased premises. ±�
l
•,
ti
ft t tt :, i ' ..'. ... a �,?'t,i A S tt }b's't trJr.7tA ;t �'•�,r r.
kt 7�.:�-"-.'� '�� ....__... .�_ _ .� ,...._. 7'1 iv. `t ....�.1 �..-.�:x f U: < t,is.7t K�'C•�k� fAt� ?. ".
-tit
s
UTILITIES
City shaft assure the leased premises are served with water, electricity, gas, heat, air
conditioning, and other utility services required for lessee's use. Such utility services shall be
separately metered and Lessee shall pay such separately metered charges for utilities furnished to the
leased premises and consumed by Lessee.
MAINTENANCE AND REPAIR
Lessee, at its sole cost and expense, shall remove snow and ice from the sidewalks of the leased
premises, and shall perform routine service and maintenance to the leased premises to keep same in
good repair and appearance, ordinary wear and tear and loss by fire or other casualty excepted. In no
event shall Lessee be required to make physical changes to the leased premises. Except as provided
above, City, at its sole cost and expense,shall perform all other service and maintenance,irACluding but
not limited to: the structural foundation of the building, roof and walls, roof, roof flashing, and the
watertight condition of the roof; underground and otherwise concealed plumbing and sewerage lines;
septic and other holding tanks; sidewalks, paving, landscaping, and grounds maintenance; And. any
centralized heating, air conditioning, gas or electrical systems, Lessor sha:fl also.remove ice and snob,vr
from the driveway and parking areas.
ALTERATIONS IMPROVEMENTS,ADDITIONS
Lessee shall not make alterations, improvements, or additions in, on or about-the leased
4
i
premises without the prior written approval of the City.
SIGNS
Lessee shall have the right to erect in, on, or about the leased premises signs as Lessee may
deem necessary and proper in the conduct of its business and that meet applicable codes and ;.
{
ordinances with the prior written approval of City.
INSURANCE AND INDEMNIFICATION
s i Lessee, at its sole cost and expense, shall obtain and maintain during the term of this
lease comprehensive general liability insurance providing no less than One Million Dollars
($1,000,000.00) combined single limit of liability per occurrence. Lessee agrees to pay and to protect.. ;
indemnify and save harmless City from and against any and all liabilities, damages, costs, expenses,
causes of action, suits, claims, demands, or judgments of any nature whatsoever arising from injury
death of damage to property on the leased premises caused by any,art or omission I'
to or the persons or g
of Lessee. i
DAMAGE OR D7ESTRUCTION
' In the event of destruction of, or substantial damage to the building located upon the
leased premises during the term of this lease,City shall have the option,within a reasonable time after
► such damage or destruction, of either replacing or rebuilding the building, and in such manner and
according to such plans and specifications as are satisfactory or, declining to do so, in which latter
event Lessee shall have the option of terminating this lease by written notice. If said lease is not
elect to rebuild or replace the damaged or destroyed building,then
'.- terminated by Lessee or if City shall e P
- 3 -
i
— 7-
�R�l dfr�,w�r,r Irk. 'r�.w�� - t �. ';: ,•.
and in such event the rental herein above provided for or a just and proportional part thereof according
to the nature and extent of the damage sustained shall be abated until said building has been repaired
or replaced as aforesaid. i
i
I
ACCEPTANCE
Lessee hereby acknowledges that it has received the leased premises in good order and �
:I + condition and covenants that on the termination of this lease by lapse of time or otherwise, it will;yield
up the said premises to City in as good condition as when the same entered upon the leased premises, ! '
ordinary wear and tear and loss by casualty excepted.
i
NON-DISTURBANCE AND SUBOIdDINATIOl�
City shall have the right to mortgage its interest in the leased premises nd, upon ; s
lender's request, Lessee shall subordinate its interest in the leased premises to the lien of lender's
mortgage or trust deed, provided lender agrees in written, recordable form, riot to disturb 'Lessee's
possession of the leased premises under this lease, so long as Lessee is not in default of any of the
J terms,conditions,and covenants of this lease,and to accept performance by Lessee of its covenants and
obligations hereunder if such mortgage shall be foreclosed. i ..
If City shall sell, convey, or pass title to the leased premises other than as provided for above,
Lessee shall be bound by the, terms, covenants, and agreements herein to the new owner of the
premises, and the new owner shall take title subject to this leasehold interest.
QUIET ENJOYMENT
If and so long as Lessee shall keep all the covenants and agreements required by it to
be kept during this lease and shall perform all its other obligations hereunder, City covenants an
4 agrees that it shall not interfere with the peaceful and quiet occupation and enjoyment of the .leased.
�i premises by Lessee. !
1 i
PARTIES BOUND
This lease shall be binding and inure to the benefit of the parties hereto and their
respective heirs, executors, administrators, legal representatives, successors and assigns. s
NOTICES 'r
Notices given under the terms of this lease shall be deemed properly served.if such notice is i
mailed by certified mail, return receipt requested, addressed to the other party 'at the following �.
:-' address, or such other address as either party may, from time to time, designated in writing: f
` CITY: LESSEE:
`r
City of Jefferson Missouri Sho-Me Coaches Inc.
1 320 East McCarty Street 3411 Hwy 63 S. Suite E
Jefferson City, MO 65101 Columbia, MO 65201
t
Attn: City Clerk
4
Ir
Y.,:.xe u.,da.),:q�,yn,t=k:.,ri Fd.1'tu' ,akiw`. z 4'::•, ...>e ,,. .. ., .F . . .. .., '.r. � y, ;.
x
yQQy\1} Ji
i
i
Notice mailed in accordance with the provisions hereof shall be deemed to have been i
' given as of the date of.receipt or the third business day following the date of such mailing, whichever
r� elate is earlier.
LEGAI, CONSTRUCTION
i .
In the event any one or more of the provisions contained in this agreement shall for j
any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or
tin enforceability shall not affect any other provision hereof, and this agreement shall be construed as
if such invalid, illegal or unenforceable provision had never been contained herein.
PRIOR,l�'3RE MEN._TS SLTIIE EDED
`1`bis document constitutes the entire agreement between the parties hereto and
supersedes any prior understandings or written or oral agreements between the.parties respecting the
within subject matter. No changes or modifications of any of the covenants, terms,or conditions hereof
shall be valid unless in writing and signed by authorized officers of the parties hereto.
COMPLL4. 34CE WITH LAWS. ORDINANCl S AND RULES
Lessee agrees to conform to and. »ot violate laws, ordinances, rules, regulations, and
requirements of federal, state. county, municipal, or other governmental authorities and the various
departments thereof now existing or hereinafter created affecting Lessee's use and occupancy of the
prer�iseQ. In no event shall Lessee be required to make physical changes in the leased premises.
"�• � IN'WITNESS V IEREOF, the parties have affixed their signatures the day and year first
i above written. j
CITY OF JEFFERSON, MISSOURI C4NTR.AC�OR f
Mayor Title
A' STS T: ATTES`3.`:
9"4'
l,it l�ler l� Title
y �
` APPROVED or'ORl1� !
of / f.
f � �
h Cit selo•
;s
v
_ r.eumr•�rw