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 ::�
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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
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FORM 0 .50
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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.