HomeMy Public PortalAboutORD10705 BILL NO.
SPONSORED BY COUNCILMAN (Yct liG vr�L
ORDINANCE NO. �1j7D�
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE A LEASE AGREEMENT WITH UNION
PACIFIC RAILROAD COMPANY.
BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON,
MISSOURI, AS FOLLOWS:
Section 1. The Mayor and Clerk are hereby authorized and
directed to execute a lease agreement with Union Pacific Railroad
Company for property located in the 600 block of West McCarty
Street for the sum of $1500.00 per year.
Section 2 . The lease agreement shall be substantially the
same in form and content as that lease 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 c.c Approved
esiding O icer Mayor
ATTEST:
A
'� City Clerk
r J�oS.. .
UNION PACIFIC RAILROAD COMPANY
REAL ESTATE DEPARTMENT ROOM 300
1410 DODGE STREET
OMAHA,NEBRASKA 88179
October 17, 1986
1022-65
City of Jefferson
320 East McCarty Street
Jefferson, MO 65101
Attn: City Clerk
Herewith fully executed copy of Lease Agreement, Audit
No. 1022-65, signed in connection with the Railroad Company' s
right of way Jefferson City, Missouri .
The Railroad Company has authorized the installation of
.fiber optic cable facilities on its property in certain areas.
Prior to using the Railroad Company' s property covered herein, you
should thoroughly review the terms and conditions of this document
and contact the Railroad Company at 1-800 .336-9193 to determine if
a fiber optic cable is buried on -the subject property.
Very truly yours,
G Cam.
R. W. CHRISTENSEN
Manager-Real Estate Contracts
WS RMEOMp executed in duplicate ��_.�✓ � � , 1986, WIM . E :
The undersigned Carrier hereby lets and the undersigned Lessee 4A Mniciptal ration),
to be addressed at 320 V. McCarty Street, Jefferson City, Missouri 65101 hereby leases,
cn solely the herein expressed terms and conditions, for tv-- term to begin with July 21,
1986, and unless sooner concluded as herein provided, to end with Daly 20, 1991,
the following described property, herein called "Premises", and located substantially
where shown enclosed in heavy lines on Eschibit "dA", attached hereto as part hereof,
situate in Jeffex City, Carle qty, Mbssouri, to wit:
ft the inters ion of the eoutheaasterly lit: of Bolivar Street and the
masterly live of McCarty Strut, mmsure soutteastwardly along said northeasterly
line of McCarty Street 93 fleet, mme or less, to a point 25 Beet sout wardly of and
nmmial to the oentearline of Carrier's Wrack No. 115, this being the point of beginning;
Oeraae east arcUy lwmallel to said centerline of Heck No. 115, 312 fleet, maaae or less,
to the northeasterly U.ne of Lot 427; thenm eoutheaast waz&y along said rxartheasterly
line of Lot 427, 42 Last, sme or less, to the southeasterly Jive of Lot 4270 thence
southwestw rdly along av d southeasterly lime of Iat 427, 206 feet, ar less, to the
northeasterly line of Md.arty Street; tbence narLlsmstwardly along said rxwtheasterly
line of McCarty Stet 324 al t, uxe or Less, to the point u:E `AcJinning, containing
315,750 square feet, m=e or la-_ss; subject and subordinate, however, to the right in
Carrier, its lessees and licxmsees, to maintain, operate and renew on, beneath or above
surface of Premises any telephone, telegraph, power and signal lines and poles, tracks,
roadways, pipe lines, and facilities of like character, as raw located; the Lessee hereby
releasing Carrier, its lessees and licensees, from all loss or damage which Lessee may
sustain by reason thereof. Any of Carrier's adjacent right of way lands died by any
unloading platform attached or appurtenant to lessee's mTrovements located on Premises
hereinabove described shall be included in the term Premises as used in Paragraphs 3 and
4 hereof.
1. Premises shall be used solely as site for Lessee's bus dal and pax .
Lessee's occupancy of Premises by existing or proposed structures and buildings of Lessee
shall be limited to solely the following; provided, however, Lessee many place additional
structures and buildings on Premises upon written approval. of Carrier:
Lessee's Cris proposed 1,000 square fit building am concrete fourdation.
lessee's proposed paved roadway and parking area as shown cn EdWAt 16W.
DUPLICATE ORIGINAL
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LEASE
_ 2. Cessna shall pay► annaal
and Cannier chap accept. (n equal bhrtallmont4 each in advance, rental of
g 1 cjQQ 00 �u annum.Mental may bra redetermined by iCarrier at any time subsequent to the expiration of five years following the
date din wtvch rerstal ams last defermlned or establia'ihed.Lessee sass pay all taxes on Lesae's property and all charges for utilities used on Premises.
The payment hereunder by Lem of any sums In advance shad not be held to create an Irtevocable license
for the period for which tlxs ranee b
p�Rldd,, but C terminate this,ggreement,as hereinafter provided,and refund the payment for the balance of the period for which same has
beau p pr masrarer. that ma unearnal r+onta6 shalt be refunded if the termination of the Ieaaa be (a) on account of violation or
tiontu7tWment o!ryr of tlhe tams o[this brass by tine Lessee. or(b) on account et'abWonment of said Premises by the Lessee,or(c)If the
nnearrhed rentd slap not exceed Twenty-Five Aoflars(S2g.00).
Aooepfaaos of renal payment b the Carrie from tine Lessee after any default by the Ussee or after termination or expiration of the
agreement, hoaaoarar or after tlhe of any notice, or atltra the commena went of any sill or after final judgment for possession of aid
�op�ty,shall shot aa�ve sueh default or ra nrtata,continue or extend the terms of the aaretmant or affect any such notice or suit,as the can may be.
3. Lessee Ball not.unbsa expnsaly authhorized In Paragraph I hereof,(a)use Premises for att=je or bandlksg of petroleum or its products.or
(b)stove or handle on Premish any 0 commodities of an explosive,darrgeraus or flammable mature.In the event Lessee is authorized to store or
handle any of She t the lighting of Promises shall be by electricity.at the cost of Lessen,and Lessee at Lessee's cost,shall comply with all
Federal, State as Mou order„ regulations and ordinan an9 witthh all regulations and recommends;l sss from time to time proscribed at
publWhed by my public authority having jurisdiction,by the National 9ardl of Fife UnAenvritera or any bureau of board exercising similar functions,
or by the Carrier relating to the loading, unloadirr�, atottr��g�se rind handlinag thereof and the inrtstlatian,mshntenanoe or use of any electric lighting
pu �nt or appliances„or of any safeguard or Wily dovia,and kof any load or unloadhig apparatus and any pipe line provided by Lessae on
Carrkr.a adjaoaht IuW&with the cement of Carrier's Superintendent,for uaa in tt��or unioadhig any of said commoditka into or from any tank
car.in the evesat Lessee stems or handles any of Bald commodities howsoever on Prsinins,Lessee rr4rees to indemnify and eve harmlessCaria.its
MIAI
employes and agents and to a'swnoa mil�'idt,rarpoasibisit�j end ItabUlty for (I) deatlh od,ov Frrl(ury to,cry persona(including,but not fimtttd to,
employes,agerats,ofr6oas,patrons aro6 ficsnsaes rat tlaro lisrtRs haraW)and(�bass`damage a igjury to amy pr sty(including property otCartia or
property 6o fta care.astody or posh),eogeehar lati all eesaa altlt oPJ tla6ility 1'or say azpenet�r.attorneys'fi+ss and costs incurr�ad or wstained by
Carrier. from a In ay maracas at degrae attributable Ro the exWet4ca ot, handling ar storage of any oi<sail commoditks oa or bareatb
Premiss ragas at any mega Ugenee oQ rarr�.
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3(a) . Provided this lease be then in effect, and, also, provided Lessee
be then not in default va to any of the terms and conditions of the said lease,
Carrier grants to the Lessee the option to renew this lease for three
additional five year terns fran and after the expiration of the original herein
above expressed five year term; provided, however, Lessee shall give Carrier
written notice not more than six months or less than ninety days of the
exercise of each of such options prior to the expiration of the preoeeding term
of this lease. Each of such extensions shall be subject to all of the term
and conditions, except as to rental, herein expressed.
4. Lessee agrees:
(a) -to keep Premise and all buildings and structures thereon in a
condition satisfactory to Carrier, and to refrain from the omami.tting of any
unlawful act on or in respect of Premises;
Page 3
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Rev. 1,c-71
(b) to refrain from etectingt placing or maintaining any structure or obstruction above the top of tails,or at a distance less than eight and
orr&�half feet from the center line,of any track located on or adjacent to Premises,such horizontal minimum clearance with respect to curved tracks to
be'%creased one inch for each degree of curvature(exceppt,loading platform of car floor height may be constructed with a horizontal clearance which
Is not prohibited under clearance regulations established by competent public authority and which shall have the approval of Carrier's Chief Engineer),
and to assume full responsibility for and to Indemnify and hold harmless the Carrier from and egainat any and all liability,suits,claims,losses,costa
(including attorneys' fees),outlays and expenaus In any manner caused by,arising out of of connected with Lessee's failure or refusal to comply with,
Oliver"oc rfarm any of the provisions o this Subpu"ph(b),notwithstanding any posuible negligence(whether sole,concurrent or otherwise)on
ft put of Carrier,or of Carrier's agents,servants or employes,
(c) to valve all right to question the validity of this lease or any of the terms or provisions hereof, or the right or power of the Carrier to
execute and enforce the same,and to waive WI right to claim damages in the event the Lessee shall be ejected from or required to surrender possession
of the Premises by reason of the failure of defect in,or extinction of title of Carder,or for other cause;
(d) to p;omptly remove any lien relied on any premises or improvements of Carrier on account of any work done,labor performed or materials
furnishedd for or on account of Lessee and failing to to do,Carder may Pay the arnount of sucl,r lien or discharge the same by deposit,and the amount
so paid or deposited shall bo deemed additional rent hereunder and payable with Interest from the date of such payment or deposit;
(o) to assume all risks of loss,Injury or damage of any kind or nature to any building or other structure or appurtenances thereto,belonging to
Lessee or to others which may be now,or hereafter placed,on Premises,and all risks of loss,injuries or damages of any kind or nature to the contents
of such buildings or structures or to any goods,merchandise.,chattels,or any other property now or that may hereafter be upon Premises whether
belonging to Lessee of others, when such loss, injury or damage results from fire, flood or other casualty, whether the same be caused by the
net nce of Carrier,its agents,servants or employes,or otherwise,and to protect,indemnify and save harmless Carrier from all claims or demands or
suits or sections growing out of any such loss,injury or damage;
(f) to save and keep harmless the Carrier from all claims*rowing out of any default of Lessee hereunder;and
(ill) to Indemnify and hold harmless Carrier against all claims,demands,suits,losses,expenses or actions arising out of injury to or death of any
person,or loss of or damage to any property whatsoever to whomsoever belonging, on or about Premises,when such injury,death,loss or damage
ratults from the use or occupancy by Lessee of said Premises,or any act or omission of Lessee,Lessee's agents,servants,employes or invitees,while on
or about said Premises,or the violation or breach by Lessee, Lessee's agents, servants,employes or invitees of any of the provisions of this lease;and,
except as may be otherwise provided in this agreement,if any claim or liability due to some other cause than fire,flood or other casualty shall result
from the joint or concurring neglitzance of both parties hereto it shall be borne by them equally.
S. This lease shall be termiinated by (a)Lessee failing for ten days to cure any default, other than as to rental which is
otherwise hereinafter covered,after written notice thereof,(b)Carrier's election by Lessee's non-user of Premises for any six consecutive months,(c)
111111:11111! –031 1111111111
(d)Carder if Lessee fails within sixty ays a ter t e ate o execution hereof to occupy and use Premises for
the purpose stated in Paragraph I hereof,or(e)Carder without notice upon failure of Lessee to pay rental within thirty(30)days after receipt of bill
therefor. Any notice of Carrier shall be deemed served when pasted on Premises or when deposited in U.S. Mail addressed to Lessee at the above
addrew. Carder Is hereby granted a prior and superior lien on Lessee's buildings, improvements, machinery, equipment, trade fixtures and
appurtenances thereto (for convenience hereinafter referred to as "Lessee's Property") located on Premises, whether exempt or not from sale or
execution and attachment, to secure the satisfaction of all of Lessee's liabilities under this lease;said lion to be without impairment of but in addition
any right which Carrier may have under existing laws.
6. (a) Lessee,in a workmanlike manner,shall remove,within thirty days after conclusion howsoever of this lease,the Lessee's Property(which
term of ownership, shall include foundations and footings and any property used by Lessee,except the express Property of Carder)and
restore Premises,including the backfilling of any basement or excavation appurtenant to any of Lessee's Property,and leave Premises in a clean,safe,
good, tenantable and orderly condition,provided the Lessee,prior to commencing such removal, shall have satisfied all of Lessee's liabilities to the
Carrier under this lease.
(b) In case Lessee shall fail,within thirty(30)days after conclusion howsoever of this leas-,to make such removal and restoration,then Carrier
may, at its election at any time subsequent thereto, and Lessee hereby so agrees, then either remove the Lessee's Property, dispose of Lessee's
Property and restore the Premises for the account of Lessee,and in such event Lessee shall within thirty(30)days after the rendition of bill therefor
reimburse Carrier for its costs so.incurred, or may, upon notification to that effect, in writing, to Lessee, take and hold the Lessee's Property as
Carrier's sole property.
(c) If Lessee fails to surrender to Carrier the Premises, upon conclusion howsoever of this lease,all the liabilities and obligations of Lessee
hereunder shall continue in effect until the Premises are surrendered;and no conclusion hereof shall release Lessee from any liability or obligation
hereunder,whether of indemnity or otherwise,resulting from any acts, omissions or events happening prior to the date of conclusion or the date,if
later,when Lessee's Property is removed and the Promises restored or when Carrier elects to take and hold Lessee's Property as its sole property as
hereinabove provided.
7. This lease is subject to such orders and regulations of each and every department or bureau of any State,Federal or Municipal government as
may be applicable at any time. If Premises be in Illinois, term hereof may be terminated at any time by the Illinois Commerce Commission in
accordance with the provisions of General Order 165 of said Commission or of any amendment thereto. if the Lessee at any time during the
continuance of this agreement should become insolvent or bankrupt,or if Lessee's affairs should be placed in the hands of a Receiver,then this lease
shall,at the option of the Carrier, terminate,and Carrier shall have the right to resume and retake possession of Premises without any accountability
whatsoever to the Lessee or to Lessee's estate. In case Carrier shaii successfully bring suit to compel performance of,or to recover for breach of,any
covenant, agreement or condition herein written, Lessee will pay to Carrier reasonable attorneys' fees in addition to the amount of judgment and
costs. In the event of condemnation or other taking of Premises or any part thereof',or interference with or impairment of access,for public use,
Carrier shall be entitled to the entire award or payment, except that Lessee may prove and collect from the condemning authority the value of
nonremovable fixtures and improvements installed or made to the Premises by Lessee, but only to the extent that such claim or collection does not
reduce the amount to which Carrier would otherwise be entitled.
8. If either Party hereto shall violate,continuously or otherwise. any of the terms of this lease binding upon it, the other party hereto shall
thereby be deemed neither to have waived nor relinquished any such term of this lease, nor to have acquiesced in such violation, unless said other
party shall expressly consent thereto in writing;provided,however,Carrier or Lessee may waive any default at any time of the other without affecting
or impairing any right arising from any subsequent default.
9. This lease and all of its provisions shall inure to and bind each party's heirs,legal representatives,successors and assigns;provided,none of
Premises shall be sublet and no right of Lessee shall be transferred or assigned,either voluntarily or involuntarily,except by express written agreement
acceptable to Carrier.
MISSOURI PACIFIC RAILROAD COMPANY
BY
As Carrier
ATTEST:
CITY Or JAFFIRSO J CITY, MISSOURI
(AMx Seat) City Cleric
lc
—• "" As Lessee
Page
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