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Home My Public Portal AboutORD09899 1� 1 { i I BILL NO. 1 SPONSORED BY COUNCILMAN !� ORDINANCE N0. i? �1 }} AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING AND #� DIRECTING THE MAYOR AND CLERK OF THE CITY TO EXECUTE A WRITTEN I� CONTRACT WITH MO-TRAN BUS LINES, INC. , FOR A LEASE OF CITY ( LAND. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON, I MISSOURI , AS FOLLOWS : Section 1. The Mayor and City Clerk of the City of Jefferson, i Missouri, are hereby authorized and directed, to execute a j ( written contract with Mo-Tran Bus Lines , Inc. for the lease of I� 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 and made a 4 part hereof as if fully incorporated herein. Section 3. This ordinance shall take effect and be in full force from and after its passage and approval. 'j Passed Approved 42-42&Y' rI2- Xa'r'�- res" ent o th Council M yor ATTEST: it f , � s�G City Clerk 1 { { { . r<i 1lrf:J'r M •• i• � LEASE This Lease is entered into this day of 1982, by and between the City of Jefferson, Missouri, a municipal corporation, Lessor, and Mo-Tran Bus Lines , Inc. , a Missouri 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 $1.00 and the other mutual promises and covenants herein contained. 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 facili- ties . 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 construc- tion , 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 period beginning on the date this Lease is signed and ending on April 18, 1984, unless otherwise termin- ated under 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 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 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 property shall be treated as common are for use by all Lessees . All 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 liability insurance policy covering the property with limits not less than $100 ,000 per individual and $300 ,000 per occurrence . Lessee shall procure and maintain an automobile insurance policy with the same limits of liability. Both the general liability and the automobile policies shall show Lessor as an "insured" thereunder. Lessor shall not be liable to Lessee or any other person or cor- poration, including employees , for any damage to any person or prop- erty 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 no 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 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 re- modeling, 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. Lessee shall be required to share the unamortized remodeling incurred by Midwest Buslines , Inc . , d/b/a Trailways (TRAILWAYS) in accordance with the terms of the Lease between the Lessor and Trailways , a copy of which is attached hereto as Exhibit "A". . -2- IN WITNESS WHEREOF, the parties have caused this agreement to be executed the day and year first above written. CITY OF JEFFERSON, MISSOURI ATTEST: ' _ BY: Ci y Clerk Mayor MO-TRAM BUS ,LINES, INC. ATTEST: President -3- LEASE IT A This Lease is entered into this I day of _ �,;, Q 1982, by ltd between the City of Jefferson,. Missouri, a municipal corporation, Lessor, Ind Midwest Buslines, Inc, , dba Trailways, a Delaware corporation, Lessee; WITNESSETH: t 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. 0 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 loading access ramp on the south side of t:le 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 cf 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 /'-cilities. Lessee shall bear all the costs of such remodeling, renovation and lconstruction, 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. • 1 This lease will be for a 24 month period beginning on the date this lease is signed, unless otherwise terminated under the provisions of this lease. 0 This lease may be, renewed for a one year period or a fraction thereof, upon r Cairty agreeme of both parties. Upon giving sixty (60) days written notice, either 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 Wother bus company, all Lessees shall share the property,. and the entire --operty shall be treated as .common area for use by all Lessees. Any new Lessee shall be required to share the unamortized costs of all remodeling, renovating, or constructing on the property during .the initial 24 month term. Unamortized costs shall be determir;ed as described in the preceding. paragraph. All '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 genera]. and automobile liability insurance policy providing no less than $1,000,000.00 combined single limit of liability AlkPer occurrence. Both the general a.nd 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 -3- .r ir and if neither party is willing to make those repairs, then this contract shall terminate. Lessee agrees to indemnify an•i save: the Lessor harmless from and against all suits and actions of every description brought against the Lessor, and C. rom 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 J Mayor i ATTEST: it Cit Y JC e] rk k MIDWEST BUSLINES, INC. By, _ ATTEST: D. V. Taylor -/Vice President R. W. Mayfield - Secretary r I APR s 0 1982 AR ADDENDUM This is an addendum to the lease entered into on the 19th day of April , 1982, by and between the City of 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 L ATTEST: V 75ayor V o� it Clerk MIDWEST BUS LINES, INC. By 0 D. V. Tay- Ldr, Vice-President ATTEST: R. W. Mayfiel , ecretary