HomeMy Public PortalAboutORD09770 t4�
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i� BILL NO. +tt®
; INTRODUCED BY COUNCILMAN
ORDINANCE NO. _ D
' AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI , AUTHORIZING AND j
; DIRECTING THE MAYOR AND CLERK OF THE CITY TO EXECUTE A WRITTEN
I' CONTRACT WITH TRAILWAYS , INC. FOR A LEASE OF CITY LAND.
I1BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON, j
: MISSOURI, AS FOLLOWS :
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_' SECTION 1. The Mayor and City Clerk of the City of
, Jefferson, Missouri, are hereby authorized and directed, for and
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in the name of the City, to execute a written contract between
the City of Jefferson, Missouri, and Trailways , Inc. for the
lease of City property located at 414 Adams Street.
® � I Said contract shall be substantial) the
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SECTION 2. y
same in form and content as that contract attached hereto and
1Imade a part hereof as if fully incorporated herein.
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SECTION 3. This ordinance shall take effect and be in
, full force from and after its passage and approval.
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Il Passed Lr[- ��i- �' _ approved
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res' en o tie ounci Mayor
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ATTEST:
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`+ DefLtty City Clerk
. P
LEASE
This Lease is entered into this j04 day of 1982, by
and between the City of Jefferson,. Missouri , a municipal corporation, Lessor,
nd Midwest Buslines. Inc. , dba 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 southeasterl 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 lima 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 $1.00 and the other mutual promises and covenants herein contained.
Lessor agrees to construct, at its cost, a handicap pedestrian and leading
access ramp on the south side of the building, which ramp shall run in an easterly
direction. Cost of the ramp shall not exceed Two Thousand Dollars ($2,000.00).
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
ilities. 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.
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This lease will be for a 24 mmth period beginning on the date this lease
is signed, unless otherwise terminated cinder the provisions of this lease.
This lease may be renewed for a one year period or a fraction thereof, upon
agreement of both parties. Upon giving sixty (60) days written notice, either
arty may terminate this lease at any time. The party requesting the termination
shall, upon request, pay the other party the balance of its unamortized costs
during the initial 24 month term incurred in remodeling, renovating, or
constructing on the property. The unamortized costs shall be determined by
multiplying the total costs by the ratio of the months remaining in the original
contract to the total number of months in the original 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 all
the property and facilities by all Lessees. If Lessor leases the property to
another bus company, all Lessees shall share the property,.and the entire
operty shall be treated as commit area for use by all Lessees. Any new
Lessee shall be required to share the ur,amortized costs of all remodeling,
renovating, or constructing on the property during the initial 24 month term.
Unamortized costs shall be determined as described in the preceding. paragraph.
A1l *Lessees shall share equally the costs of utilities.
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.
® 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
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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
C 11 suits and actions of every description brought against the Lessor, and
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�Mayor
ATTEST:
CityXlerklk
MIDWEST BUSLINES, INC.
By
ATTEST: D. V. Taylor ice President
e
R. W. Mayfield - Secretary _
APB? tllgf�? � R
ADDENDUM
This is an addendum to the lease entered into on the
19th day of April , 1982, by and between the City
f Jefferson, Missouri, a municipal corporation, "Lessor", and
Midwest Bus Lines , Inc. , d/b/a Trailways , a Deleware corporation,
"Lessee".
The Lessor and Lessee agree that if the Lessor terminates
this lease upon giving sixty (60) days written notice , the Lessor
shall, upon request, pay the Lessee the balance of its unamortized
costs during the initial twenty four (24) month term incurred in
remodeling, renovating, or construction on the property. The
total costs to be amortized over the twenty four (24) month term
shall not exceed Four Thousand Dollars ($4,000.00) .
IN WITNESS WHEREOF the parties have caused this Addendum
to be executed the day and year first above written.
CITY OF JEFFERSON
By
ATTEST: Vayor
it C er
MIDWEST BUS LINES, INC.
By_ A14dA=
D. V. T&ylffr, Vice-President
ATTEST:
R. W. Mayfiel , ecretary