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Home My Public Portal AboutORD09980 BILL NO. SPONSORED BY COUNCILMAN ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI , AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AMENDMENT TO THE CONTRACT WITH TOWNER ELECTRONICS, INC. , FOR THE INSTALLATION OF COMMUNICATION EQUIPMENT— BE IT ORDAINED 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 an amendment to the contract with Towner Electronics , Inc. , for the installation of communication equipment. The additional services and equipment shall not exceed $8 ,028. 05 . Section 2 . The amendment shall be substantially the same in form and content as that amendment 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 Approved (/,c 7— 7—$3 esi ing Of cer Mayor ATTEST: Ci y Clerk AMENDMENT NO. 1 TO TELECOMMUNICATIONS AGREEMENT The Telecommunications Agreement of April 6 , 1983, between the City of Jefferson, ,Missouri ("City") and Towner Electronics , Inc. ("Towner") is hereby amended as follows : 1 . A new paragraph is hereby added to the Agreement . The new paragraph shall be Paragraph 1. 5 and shall read as follows : 1. 5. This contract shall also include Amendment No. 1 and the accompanying documents listing the changes in equipment, which are attached as Exhibit B. 2 . Paragraph 8 is hereby deleted, and a new Paragraph 8 is hereby inserted, which shall read as follows : 8. The total cost of the required equipment and services shall not exceed $93,400. 95. The City shall pay Towner $64 ,029. 68 when the installation is 75% complete. The balance shall be paid upon. completion of the contract installation requirements IN WI NESS WHEREOF, parties hereto have set their hands and seals this day of a 1983. CITY OF JEFFERSON, MISSOURI V By R ATTEST : City Clerk (CITY SEAL) TOWNER ELECTRONICS, INC. By ATTEST: Secretary (CORPORATE SEAL) a r' ,w CHANGES r PLANNING & CODE ENFORCEMENT 1 - Key Telephone 481.50 1 - Busy Lampfield 828.00 Subtotal $1,309.50 PUBLIC WORKS 2 - Key Telephones 481.50 @ 963.00 2 - Busy Lampfield 464.40 @ 928.80 Subtotal $1,891.80 FIRE DEPARTMENT 3 - 911 Red Telephones 105.00 @ 315.00 Subtotal $315.00 PARK BOARD 3 - Key.Telephones 481.50 1,444.50 1 - Busy Lampfield 464.40 1 - Answering Machine 1�-,a6— C�il.50 Temporary Service 120.00 Subtotal $�2 Z t'2 ADMINISTRATION 2 - Key Telephones 481.50 @ 963.00 Subtotal $963.00 SEWAGE TREATMENT 2 - Horns 82.50 @ 165.00 Subtotal $165.00 • CHANGES (con't) CENTRAL MAINTENANCE/TRANSIT 1 - OPX Extension (COU-5) 141.30 2 - Loud Bells 34.20 68.40 3 - Horns 82.50 247.50 4 - Ringers 32.70 130.80 1 Q2-- 2ISU 115.20 z:2jtz :0 (t$• 20 Temporary Service 107.15 Subtotal COLLECTION SYSTEMS 2 - Telephones 105.00 210.00 Subtotal $210.00 STREET DEPARTMENT , 1 - Telephone 105.00 Subtotal $105.00 COMMUNITY SANITATION 1 - Telephone 105.00 Subtotal $105.00 POLICE DEPARTMENT 1 - OPX Extension 30.00 Subtotal $30.00 TOTAL OF ALL CHANGES -¢8-,-i4 §- ,02� 0 �� y ACCEPTED BY: OF FFERSON ACCEPTED BY: T N COMMUNICATIONS SYSTEMS OWN 0=00=03aw i 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 inlert section of E. McCarty Street and City View Drive in the City. The runnel 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 wills, interior walls, top slab, the drainage. sysiorn ,:round it , and all other necessary appurtenances. 2. City agrees to I�ay 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. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed on the day of 1983. bF CITY OF JEFFERSON, MISSOURI Ask By: ' ayor ATTEST: Clerk (S E A L ) SCHOLASTIC, INC. By: PRESIDENT ATTEST: KA7'N1. EN H. S ASS]STANT SECR ' ARY ( 5 E A L) . o • d L E A S E Z This lease is entered into this day of 1983, ce-N by and between the City of Jefferson, Missouri, herei fter referred to as "City," and Scholastic, Inc. , hereinafter referred to as "Scholastic." City and Scholastic agree as follows: 1 . For Ten Dollars ($10.00) and the other promises and covenants contained herein, the City hereby leases to Scholastic the tunnel structure 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 -=pan, and is 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. Scholastic shall perform all maintenance and repairs on the tunnel structure at its ewn cost and shall keep it in good repair so that it does not interfere with the City's use of the overlying roadway and adjacent right-of-way. 3. City retains the right to enter upon the premises at reasonable times to inspect the tunnel structure and to make any necessary repairs or maintenance which Scholastic might refuse to make. 4. Scholastic shall use the tunnel structure solely in connection with its operation of its business located on property at both ends of the tunnel structure. Scholastic will use the tunnel in a manner which wiE4 not interfere in any manner 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, hypothecate, or in any way dispose of the leased property or any part thereof, or any interest therein, or any of its rights under this lease. o. Scholastic agrees to indemnify, defend and hold harmless the City from claims and damages 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 damages 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. S r S. Scholastic shall at its sole co:*. and expense maintain or cause to be maintained at all times during the term of the lease general accident and public liability insurance, under which Scholastic and the City shall be named as insureds, properly protecting and indemnifying Scholastic and the City each in an amount not less than $500.000 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 insurance may not be cancelled by the issuer thereof without at least 15 days' 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 requirements set forth in this paragraph by using blanket pblicies- of insurance, provided each and all of the requirements and specifications of this paragraph are compli.-d with. g. This lease shall become effective upon its delivery, and shall have an initial term commencing as of the date of this lease and terminating on April 1 , 2003. Scholastic shall have the option of extending this lease for one additional 20 year period. The time periods in this paragraph are binding unless otherwise affected by Missouri law governing such periods. IN 14ITNESS WHEREOF, the parties have caused this agreement to be executed the day and year first above written. CITY OF JEFFERSON Adft By: ATTEST: C rk SCHOLASTIC, INC. By: t resident ATTEST: KATHLEEN H. NS • • ASSISTANT SECRETARY (S E A L)