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HomeMy Public PortalAboutORD10203 BILL NO. SPONSORED BY COUNCILMAN ® ORDINANCE N0. / �Q ® AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A WRITTEN CONTRACT WITH MIDWEST BUSLINES, INC. , D/B/A TRAILWAYS, FOR A LEASE OF CITY LAND. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The Mayor and City Clerk are hereby authorized and directed to execute a written contract with Midwest Buslines, Inc. , d/b/a Trailways, for the lease of City. property located at 414 Adams Street. Section 2. The contract shall be substantially the same in form and content as that contract attached hereto as Exhibit A. Section 3. This Ordinance shall be in full force and effect from and after its passage and approval. Passed g y Approved Pr siding Off i er Mayor ATTEST: City Clerk . a LEASE This Lease is entered into this 19th day of April, 1984 , by and Am between the City of Jefferson, Missouri, a municipal corporation, Lessor, and Midwest Buslines , Inc. , d/b/a Trailways, a Delaware corporation, Lessee; WITNESSETH: Lessor does hereby lease to Lessee and Lessee does hereby take as Lessee, the building and property (hereinafter referred to as "property" ) located at 414 Adams Street in Jefferson City, Missouri, more specifically described as follows : Part of Inlot No. 612, in the City of Jefferson, Missouri, more particularly described as follows : Beginning at the southeasterly corner of said Inlot; thence northerly along the easterly line thereof, 105 feet; thence westerly parallel with the southerly line of said Inlot, 65 feet; thence southerly parallel with the easterly line of said Inlot, 105 feet to the southerly line thereof; thence easterly along said southerly line, 65 feet to the point of beginning. The consideration for this lease shall be the payment by Lessee to Lessor of the sum of $125. 00 each month and the other mutual promises and covenants herein contained. Lessor agrees to put $62.50 per month into improvements or repairs to make the facility more habitable. The specific improvements or repairs ,q}� will be agreed upon by Lessor and Lessee. It is understood and agreed Lessee agrees to use the property solely for the purpose of operating a bus terminal, and the normal facilities associated therewith, Lessee may remodel and renovate the interior and exterior ' of- * the building to the extent necessary for the operation of its terminal and facilities. Lessee may also construct driveways and parking facilities necessary for the operation of its terminal and facilities . Lessee shall bear all the costs of such remodeling, renovation and construction, and shall comply with:+ all City ordinances and state and federal statutes applicable to the conduct of such work. Lessee will insure. that all necessary utilities are maintained on the property at no cost to Lessor. Lessee shall not sublease any portion of the property without first obtaining the written consent of Lessor. However, Lessee shall have the right to sublease to its commission agent for the purpose of operating the bus station at the same rental as specified herein. This Lease will be for a 12 month period unless otherwise terminated under the provisions of this lease. Upon giving thirty ( 30 ) days ' written notice, either party may terminate this lease at any time. If the Lessee requests termination of the contract, Lessee shall pay Lessor the balance of Lessor's unamortized costs ® ® hat Lessor has already expended the full portion of rental designated for improvements/repair for the initial one year termof this lease and that Lessee has reimbursed Lessor for such sum; therefore, actual rental payments from Lessee to Lessor for tKe initial one year term of this lease shall be in the amount of $62.50/month. . *during the 12 month term of the contract incurred in making the repairs or improvements to the property referred to in this contract. The unamortized costs shall be determined by multiplying the total costs by the ratio of the months remaining in the contract to the total number of months in the contract . This Lease is a non-exclusive lease. Lessor retains the right to lease the property to one or more other bus companies for the concurrent use of the property and facilities by all Lessees . if Lessor leases the property to another bus company, all Lessees shall share the property. If all the Lessees cannot agree upon space allocation, Lessor shall make that determination. Any additional lessee or sublessee shall pay to Lessee proportionate share of the rent and utilities based upon the square footage utilized. The cost of any security measures or devices required as a result of joint occupancy shall be shared in the same manner. Lessor shall collect the rental payments directly from the Lessee, not from any additional lessee or sublessee. Failure to pay the proportionate amounts to Lessee within 10 days after the amounts are due shall be sufficient cause to terminate the contract with the additional lessee or with the sublessee. Lessee shall serve such termination notice to additional Lessee LA or sublessee with a copy of said notice to Lessor. Lessee agrees to keep the property in good repair and to perform all needed maintenance to the property during the term of this Lease. Lessee shall procure and maintain a general and automobile liability insurance policy providing no less than $1, 000, 000.00 combined single limit of liability per occurrence. Both the general and automobile liability insurance shall show Lessor as an "insured" thereunder. Lessee may, at its option, remain self-insured for the first $500, 000 of coverage on both automobile and general liability insurance. If Lessee selects this option,: Lessor must be listed as an "additional insured" on the policy giving coverage for the second $500, 000 of coverage. This self-insurance option shall not be available for additional lessees or sublessees . All additional lessees and sublessees must provide the full coverage for themselves and the Lessor, unless otherwise permitted by the Lessor. '1 Lessor shall not be liable to Lessee or any other person or corporation, including employees, for any damage to any person or property caused by water, rain, snow, frost, fire, storm or accident, or by breakage, stoppage or leakage of water, gas , heating and sewer pipes or plumbing, upon, about or adjacent to these premises . If major repairs are needed which are not covered by insurance and if neither party is willing to make those repair, then this contract shall terminate. Lesseb agrees to indemnify and save the Lessor harmless from and against all suits and actions of every description brought ' against the Lessor, and from all damage and costs, by reason or �! on account of any injuries or damages received or sustained by any person or persons, or their property, by Lessee, its servants, or agents, in the remodeling, renovation, construction, maintenance or use of the property, or by any negligence or carelessness in the performance of the same, or on account of any act or omission of Lessee, its servants or agents. IN WITNESS WHEREOF, the parties have caused this agreement to be executed the day and year first above written. CITY OF JEFFERSON, MISSOURI By Mayor ATTEST: City Clerk MIDWEST BUSLINES, INC. , D/B/A TRAILWAYS By D. V. Taylor Vice Presideig- ATTEST: Y4 RXX X)WgX)WA, Secretary G. W. Hanthorn ::� �r'm't4++H��:+'s{�r 1i!ro�'%�rK, iir'rc�J :•vy:�ta'��1,. ` �".� � .. . .fp.E NQ's',".4 ftilwa" :... Co.i Inc' September f,, 1984 ealti. tC,.l—�rr:.q-tj:•:_i,•e.��'y+'r nu".f}. KLy�'"rr ny^.kwyi�S.;6c•.�. 'C y "r .. 4 z,. t1Q M; �s FnoM Gary" Gunderson �.tT� y .. .,'�:firot•'t';ryy5 ,'4 4CIk`k` .e' .:�r,',7.'1�"Yt^y' :J.;i(',:: >` wppq �}.� ,r_ ,iYf�.'.= ?'�* �• ;yt���"::•,t..,,;+.; -•• f '�A.'t r ns y, i r > lc.dtin y f r fi 524:, 150:0 S) t R:.Y'.��.�'.�,S, 4J CJ��1j1•S .yx, We have approved the execution of the attached lease with the city of Jefferson City, Missouri with the addition of a clause clarifying who has the right to cancel, the additional lessee or sub-lessee as indicated in Paragraph 3. on Page 2. I'm suggesting that the clause "Said termination notice will be sent by lessee to additional lessee's or sub-lessee's with copy of said notice to lessor" to be added at the end of the third paragraph. If you have any questions concerning this matter, please advise. GWG/mdh cc: R. W. Peabody i �r tr� i *"_%am b00(tom i i FORM 0 .50 AUy AM INTEROFFICE CORRESPONDENCE OC T U 5.1984 •DAR Dote October 3- 1984 File No. To J. R. Rutledge Address 1023 McGee St. , Kansas City, MO Real Estate Dept. From D. A. Davis Address 1500 Jackson St. , Dallas , TX Subject JEFFERSON CITY, MO LEASE Enclosed are 2 counterparts of a lease that we have signed and initialed for the referenced location. (Photocopy of lease was mailed today direct to Gary Hamburg, City of Jefferson, as you requested.) Please secure Lessor's signature and initials on the changes and then return 1 fully executed counterpart for my files and leave 1 with the City for their records. You are aware of the change I needed to make on page 1 clarifying rent payments , as our rent authorization must tie in with the amount shown on the lease docu- ment. ® The change on page 2 is required by Internal Audit; copv of Gary Gunderson's memo is enclosed for your information. DAD Fnclosures P.S. - Automatic rent payment has been set up.