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Home My Public Portal AboutORD10532 BILL NO. - 3 ink SPONSORED BY COUNCILMAN --_ ORDINANCE NO. Po 532,., AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A LEASE WITH MIDWEST BUSLINES, INC. , D/B/A TRAILWAYS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON, MISSOURI , AS FOLLOWS: Section 1. The Mayor and City Clerk of the City of Jefferson are hereby authorized to execute a lease with Midwest Buslines, Inc. , d/b/a Trailways , for the building and property located at 414 Adams Street for the sum of $250.00 per month. Section 2. The lease shall be substantially the same in form and content as the contract 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. Passed /r �( - �S Approved ld 7-9 Pr s idint Officer �' Mayor ATTEST: �7 City Clerk _Wj •yam LEASE This Lease is entered into t his �_ day of 1985, by and between the City of Jefferson, Missouri, a municipal. cor- poration, 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 sqm of $250 .00 each month payable in advance on or before the j5u- day of each and every month during the term of this .lease, and the other_ mutual promises and covenants herein contained. Receipt of the first month's rent is hereby acknowledged by Lessor. 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 't building to the extent necessary for the operation of its terminal and facilities and may also construct driveways and parking facilities necessary for the operation of its terminal and facilities, provided, Lessee shall first submit its proposed plans for any remodeling, renovation, or construction to Lessor and obtain Lessor's written consent to such plans . 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 shall be on a month to month basis but shall terminate six months from *L=r.�== in:g unless otherwise terminated under the ,the commencement date commencing October 19' 1985 t A� 1 ry4r,AL INITIAL— i provisions of this Lease . Upon giving thirty ( 30 ) days ' written notice, either party may terminate this lease at- any time. ASh 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 ten 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 germination notice to additional Lessee 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 both a genera]. liability insurance policy and an 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. 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 repairs , then this contract shall. terminate . Lessee agrees to indemnify and save the Lessor harmless from and against all suits and actions of every description brought. Wagainst Lessor, and from all damage and costs , by reason or on A 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 By " ATTEST% CITY LERN MIDWEST BUSLINES, INC. D/B/A TRAILWAYS By D. V. ylor Vice Pre ident ATTEST: R. E. Patton Assistant Secretary .(CORPORATE SEAL)