HomeMy Public PortalAboutORD10617 BILL NO.
SPONSORED BY COUNCILMAN
ORDINANCE N0.
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 7� � Approved y�/o Zff6
Pr i ing Of Vicer Mayor
ATTEST:
'- City Clerk
y ,
LEASE
This Lease is entered into this day of 6 ,
19J6, by and between the City of Jefferson, MissoLessor, a
munici.pa}} co oration, and k3d(d *xx .sckix�a�XxxxxY(m=cxxxx>d(Aloixk
U Trailwayl',nu° clnware 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 $250 . 00 each month payable in advance on
or before the 15th 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 propert.y 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 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.
IN AL' This Lease shall be on a month to month basis commencing April
L*y,19,1986, but shall terminate six months from the commencement
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date 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.
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 ( 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 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 general liability
insurance policy and an automobile liability insurance policy
providing no less than $1 , 000, 000 .00 combined single limit of
liability per occurrence. Loth 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.
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against 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
By
YOR
ATTEST:
CITY CLERK
INITIAL
1
Aft TRAILMS LINES, INC.
By P
DLL xx)M RJQR P. J. Tennant
VICE PRESIDENT
ATTEST:
R. E. PATTO
ASSISTANT SECRETARY
(CORPORATE SEAL)