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Home My Public Portal AboutORD09964 BILL NO. SPONSORED BY COUNCILMAN ASh ORDINANCE NO. `--��- Z AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI , AUTHORIZING THE MAYOR AND CLERK TO EXECUTE A CONTRACT FOR THE PURCHASE OF A TUNNEL STRUCTURE UNDER CITY VIEW DRIVE, AND TO EXECUTE A LEASE OF THE TUNNEL STRUCTURE TO SCHOLASTIC, INC. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS : Section 1. The Mayor and Clerk of the City of Jefferson, Missouri, are hereby authorized to execute a contract for the purchase of a tunnel structure under City View Drive for the sum of $49 , 866. The contract shall be substantially the same in form and content as the contract attached hereto as Exhibit A. Section 2. The Mayor and Clerk of the City of Jefferson, Missouri, are hereby authorized to execute a lease of the tunnel structure under City View Drive to Scholastic, Inc. The lease shall be substan- tially the same in form and content as the lease attached hereto as Exhibit B. Section 3. This Ordinance shall be in full force and effect from and after its passage and approval. Passed pD - Approved resi ing Of icer Mayor ATTEST: '.4- //.d 1., 3..7 City Clerk AGREEMENT FOR SALE This agreement is entered into by and between the City of Jefferson, Missouri, hereinafter referred to as "City", and Scholastic, : Inc. , hereinafter referred to as "Scholastic". The City and Scholastic agree as follows: 1 . Scholastic hereby sells, bargains and grants to the City the improvements made by it in the form of a tunnel structure within property owned by the City under City View Drive approximately 320 feet south of the intersection of E. McCarty Street and City View Drive in the City. The tunnel structure is approximately 55 feet long, is 10 feet high, has a 7.5 foot span, and is a concrete reinforced . double-box culvert. The tunnel structure includes the support slab, bottom slab, exterior walls, interior walls, top slab, the drainage system around it, and all other necessary appurtenances. 2. City agrees to Fay Scholastic $49,866. City further agrees to indemnify, defend and hold harmless Scholastic from claims and damages because of bodily injury, including death, and from claims and damages to property which may arise out of the design or construction of the tunnel structure. 11\' WI TN.ESS 11HEREOF, the ies hereto hav caused this instrument to be executed on the day of , 1983. CITY OF JEFFERSON , MISSOURI By. Mayor • ' ' ATTEST: , Jerk (S E A L) SCHOLASTIC, INC. PRESIDENT ATTEST: KATHLEEN H. 4YPNS ASSISTANT SECRETARY - -• ( S E A L) z , r L E A S E This lease is entered into this day of 1983, by and between the City of Jefferson, Missouri, here after referred to as "City," and Scltolr►stic, Inc.. , hereinafter referred to as "Scholastic." City and Scholastic agree as follows: 1 . For Ten DoMor� ($10.00) and the other promises and coven.ints contained lwroIn , the City hereby leases to Scholastic the tunnel structure under- ity View Drive approximately 320 feet south of the i rile rf-ection of E. -McCarty Street and City View Drive in the City. 'rile Wrtnel structure is approximately 55 feet long, is 10 feet high, has a 7.5 foot : ;pan, and is concrete reinforced double-box culvc•rl . Tho tunnel "irt„ tore includes the support slab, bottom slab, exle,rior lep slab, the drainage system around it , Mild rill o,,her nocc'_ 5;I-jr • rippurtenance.s. ijolasiic shall t;,.rform all m•:iinienance and repairs on the tunnel !!.1ructure at it ,_ .:n cyst and shall keep it in good repair so that ii does not iri with the City' s use of the overlying rcad`.cay i:nd adjacent ri,;ht-of-way. 3. City retains 1,1ie right to enter upon the premises at rca—c ,hie tintes to inc-p ect the tunnel structure and to make any ncces:•hry rc,,j airs or il;,:i :,iitlCe which Scholastic might refuse to make. G. Scholastic shall use the tunnel structure solely in connection with its operation of it,; business located on property at both ends of the lunne? structure. S,:hoiastic will use the tunnel in a manner which „ i?.i not interfere• in any mariner with the City' s use of the overlying roadway and adjacent right-of-way. 5. This lease shall not be assignable by Scholastic without the written consent of the City , and Scholastic shall not sublet, transfer, hypoihcc.oc. or in any way dispose of the leased property or any part lher eof , or anv interest therein, or any of its rights under this lease. 6. Scholastic agrees to indemnify, defend and hold harmless the City frotr, claims and c :im;Iges because of bodily injury , including death. and from claims and damages to property which may arise out of the maintenance, repair, operation or use of the tunnel structure, provided however that this indemnification would not include claims and darriages resulting from the original design and construction of the tunnel. 7. If Scholastic shall at any time fail to comply with any substantial provision of this lease, then the City may declare this lease to be in default. if the City declares the lease to be in default, it shall notify Scholastic of the default in writing. If Scholastic fails to remedy the default within 10 days after the notice ® is mailed , then the City may terminate the lease and shall have the right to take immediate possession of the leased property. 5. Scholastic shall at its sole co.-:; and expense maintain or cause to be maintained rit all times during the term of the lease ® general Accident ,Ind puhlic liability insurance, under which Scholastic and the C i t v shall be named as insureds , properly protecting and indornnii'ving Scholastic and the City each in an amount not less than 5;,10,000 for bodily injury (including death) in any one occurrence. and not less than $100,000 for property damage in any one occurrence. The policies of said insurance shall contain a provision that such ineurr,nce may not be cancelled by the issuer thereof without at least 15 clays' advance written notice to the City. Such policies or copies or certificates shall be furnished to the City. Scholastic may satisfy any of the insurance r•r•quirement.s set forth in this paragraph by using Wanket policies of insurance, provided each and all of the requircuwnts and specifications of this paragraph are calnnli.d with. 9. I'his Joase z ihaII become effective upon its delivery, and shall have an initial irrnj commencing as of the date of this lease and Icr:Yir„lting on April 1 , 2003. Scholastic shall have the option of extending this Icasc . for ,,ne additional 20 year period. The time periods in this parr,gr,,,,h are binding unless otherwise affected by Missouri law governing such periods. IN W' ITNES .'. I'R :1 the parties have caused this agreement to be cXt'i UieG tl'it (tily iild fiat above '.,,ritten. Ask CITY OF JEFFERSON qP By: �I M ATTEST: Vk-ICI (S E A L) SCHOLASTIC, INC. _ President ATTEST: � iLEEN H. ONS ASSISTANT SECRETARY (S E A L) ,y Cole County ) ss Date l' � .2-X /_/r-c1',2 State of Missouri) I hereby notarize that the above signatures are true and correct. l • '%' `� � ••�' Cloriaetta S. Beasley '' ^J�;• r;M 5 GLij,;u+tl ii+ rTpLAry Public , COLE CC-UNTY !'1v co:-�*ni ssion eYnares r;v C:' "2466 STATE OF MISSOURI SS. COUNTY OF COLE Filed for record 27 day of April _19. 3 of 10 C'clock and 30 Minu:esA M.; recorded in Book 274 Page 106. DAVID R. NEWSAM RECORDER .. LI�.W»..»...DEPUTY ucille A. Vi..etn C � Iss6/1DATE 4/84DDnY) e PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Winter-Dent & Co. P. O. Box 1046 COMPANIES AFFORDING COVERAGE Jefferson City, Mo . 65102 COMPANY A LETTER United States FIdelity & Guaranty COMPANY INSURED LETTER COMPANY C J. C. Industries , Inc. LETTER P. 0. BOX 1214 COMPANY D Jefferson City, Mo. 65102 LETTER COMPANY LETTER THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUEDTO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS,AND CONDI- TIONS OF SUCH POLICIES. A TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIABILITY LIMITS IN THOUSANDS DATE(MM/DDIYY) DATE(MM/DONY) OCCEACH AGGREGATE GENERAL LIABILITY BODILY $ $ COMPREHENSIVE FORM PREMISES/OPERATIONS PROPERTY UNDER ROUbCOLL10OHNL`AORD O SNIP 055770737 7-1-8 7-1-85 DAMAGE $ $ PRODUCTS/COMPLETED OPERATIONS BI a PD CONTRACTUAL COMBINED $ 500 $ 500 INDEPENDENT CONTRACTORS BROAD FORM PROPERTY DAMAGE PERSONAL INJURY PERSONAL INJURY $ AUTOMOBILE LIABILITY BWLY $ A ANY AUTO BAP 047520210 7-1-8 7-1-85 (PER PE ALL OWNED AUTOS(PRIV. PASS.) 8COILY 4 ALL OWNED AUTOS 1 INJURY OTHER THAN PRIV.PASS./ IPER ACGDENTI $ ` HIRED AUTOS PROPERTY NON-OWNED AUTOS DAMAGE $ GARAGE LIABILITY 81 8 PD COMBINED $ EXCESS LIABILITY A UMBRELLA FORM CEP 059499814 7-1-8 7-1-85 COMBINED $ 5, 000 $ 5 , 000 OTHER THAN UMBRELLA FORM STATUTORY WORKERS'COMPENSATION A AND 7000369841 7-1-8 7-1-85 $ lOOEACHACCIDENT) (DISEASE-POLICY LIMIT) EMPLOYERS' LIABILITY $ (DISEASE-EACH EMPLOYEE) OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLESISPECIAI ITEMS Cole Junction SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX• PIRATIOI GATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO City of Jefferson MAIL— DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE City Hall LEFT,BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY Jefferson City, Mo . 65101 OF ANY KIND UPON THE COMPANY,ITS AGENTS OR REPRESENTATIVES. AUTHORI7 I E �ESENTA IVE