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Home My Public Portal AboutORD14609 BILL NO. 2009-96 SPONSORED BY COUNCILWOMAN Carroll ORDINANCE NO. 0 1`� & (1q AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A SUBLEASE AGREEMENT WITH THE MISSOURI DEPARTMENT OF NATURAL RESOURCES FOR SPACE USED BY AMTRAK GREETERS. NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The Mayor and City Clerk are hereby authorized to execute a sublease agreement with the Missouri Department of Natural Resources for space to be used by Amtrak greeters. Section 2. The agreement shall be substantially the same in form and content as that agreement 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: �resi rng Officer f/ Mayor ATTEST: ✓APPROVED AS TO FORM: City Cler 'i City Counselor SUBLEASE AGREEMENT This SUBLEASE AGREEMENT is entered into by and between the STATE OF MISSOURI, through the Office of Administration(hereafter"Lessor"), the MISSOURI DEPARTMENT OF NATURAL RESOURCES (hereafter"Lessee") and the City of Jefferson (hereafter "Sublessee"). WITNESSTH: That the parties hereto, for the good and valuable consideration described herein, covenant and agree as follows: 1. Premises: In consideration of the covenant herein, Lessee hereby subleases to Sublessee the ground floor of the property commonly known as the Union Hotel, excluding the mechanical equipment room and storage room attached thereto (hereinafter referred to as the "Leased Premises"). The Leased Premises are situated within the Jefferson Landing State Historic Site, which is located on Hot 84 of the City of Jefferson, Missouri. The Leased Premises are depicted on Exhibit A attached hereto and incorporated herein by reference. 2. Term. The term of this Sublease Agreement is for is for one year, commencing August 15°i, 2009 and ending August 14', 2010,unless sooner terminated by mutual agreement of the parties or for any breech of the provisions contained herein. Possession of the Leased Premises shall be given upon the execution of this sublease and surrendered on the last date of the term herein. This Sublease Agreement shall be automatically renewed for up to five (5) successive one year terms unless Lessee or Sublessee terminates it by giving written notice,no later than July 15" of any given year, of its desire to not renew. This Sublease Agreement shall become null and void if passenger train service is discontinued at Jefferson City. 3. Consideration. The consideration for this sublease shall be one dollar per year, the receipt of which is hereby acknowledged. 4. Use. Sublessee agrees that the Leased Premises shall be used as a waiting area for Amtrak passengers and their guests, as an information distribution center, for public restrooms, for vending machines, and for no other purpose whatsoever. Sublessee will provide any office furniture, telephones (public and private) and any other equipment required for its staff and/or volunteers to carry out their duties. Sublessee shall provide all training and supervision for its staff and/or volunteers working in the Leased Premises, and shall provide Lessee a staffing plan that includes a description of the duties and responsibilities of staff and/or volunteers,the name and telephone number of the supervisor/volunteer coordinator, and a regular work schedule for staff and/or volunteers. — U:1Cuntmcl F"d=\I==s Amlmck Lce t,w d 5. Leasehold Improvements: Sublessee shall make no improvements or additions to the interior or exterior of the Leased Premises unless Sublessee first submits plans and specifications for such improvements and additions to Lessee and obtains Lessee's written approval of same. 6. Utilities. Lessee reserves the right to temporarily disconnect utilities during normal business hours to conduct necessary repairs and maintenance to the building and its systems. 7. Appearance and Maintenance. Sublessee shall be responsible for all maintenance and upkeep of the restrooms which shall include a minimum of one cleaning per day. Sublessee shall provide paper products for the restrooms. Sublessee will conduct all maintenance,repairs, and general upkeep of the Leased Premises to provide a safe and clean environment. Sublessee will not be responsible for any structural repairs or repairs to the heating, ventilating, and air conditioning(HVAC) system for the leased premises. 8. Hazardous Waste Compliance: Sublessee agrees not to allow,keep,use, store, or place e Leased Premises, or permit to be kept,used, stored, or placed thereon any hazardous wastes of any kind having ignitable, corrosive, reactive and/or toxic characteristics, or any wastes listed by the Missouri Department of Natural Resources or the Environmental Protection Agency as hazardous at the time of such storage, use or placement upon the Leased Premises. Any violation of this covenant shall, automatically and without any further action on the part of Lessee, be deemed a default and breach of this lease by Sublessee, and shall entitle Lessee to immediate possession of the Leased Premises. Furthermore, all future costs incurred by Lessee or its successors and assigns for removal and clean up of environmental damage(s) to said premises shall be fully reimbursed by Sublessee. 9. Liability Insurance: Sublessee assumes the risk of, and shall protect, defend and hold harmless Lessee and Lessor from and against all liability and claims for or on account of any injury to or death of any and all persons or damage to property arising from or related to Sublessee's use and possession ofthe premises. Sublessee shall protect and hold harmless Lessee and Lessor, its agents and employees from all such claims, demands, suits or actions, including investigation costs, court costs and attorneys' fees resulting or in any manner arising from Sublessee's use and possession of said Leased Premises to the full extent permissible under the law. Sublessee further agrees to immediately investigate any such claims, demands or suits and shall defend, settle and/or otherwise dispose of the same at their sole cost and expense to the extent permissible by law. In the event Sublessee settles any such claims, demands , it shall obtain a release that includes Lessee and Lessor. This provision shall not however be deemed to be a waiver of Sublessee's sovereign immunity. Amtrack Lease.doc During the term of this sublease, Sublessee shall maintain in force public liability insurance in the sum of not less than Three Hundred Thousand Dollars per person and Two Million Dollars ($2,000,000)per occurrence. Upon request, Sublessee shall provide Lessee with a certified copy of the policy. 10. Right of Entry. Lessee shall, at all reasonable times,have right of entry, and free access to, the Leased Premises and every part hereof, for the purpose of maintaining the HVAC system, inspecting the same to determine its condition, and to determine whether or not Sublessee is using and occupying the premises for the purpose and in the manner herein allowed and for any other reason whatsoever. 11. Security. Sublessee shall unlock the Leased Premises prior to the arrival of the first train each morning and shall lock the Leased Premises each day after the last passenger train has departed. Sublessee shall take the lead in working with the Capitol Police Department if the doors to the Leased Premises are found to be unlocked after hours. Sublessee will provide Capitol Police with the names and telephone numbers of at least two members of Sublessee's staff as contacts in the event the doors are found to be unlocked after hours. 12. Default: If Sublessee defaults on any of the covenants contained herein that are to be kept and performed by Sublessee, or if Sublessee violates any of the provisions or conditions hereof, then all legal and equitable remedies, including injunctive relief, specific performance and damages shall be available to Lessee. Additionally, Lessee may declare this Sublease Agreement at an end and enter into and upon and possess said Leased Premises as of its former estate, together with the improvements thereon. No action or proceeding under this paragraph by Lessee shall in any manner release or discharge the covenants, agreements and undertakings of Sublessee or any of the obligations,risks or duties assumed herein by Sublessee. Failure by Lessee to enforce one or more ofthe remedies herein provided upon an event of default shall not be construed to constitute a waiver of such default. Sublessee agrees to reimburse Lessee for reasonable costs of any claims, suits,judgments, costs, attorneys' fees, court costs and all other related expenses incurred by Lessee arising from or growing out of Sublessee's defaulting on any of the terms of this lease. 13. Waiver. No waiver by either Lessee or Sublessee the terms, conditions or covenants of this Sublease Agreement shall be deemed as a waiver at any time thereafter of the same or of any other term, condition, or covenant herein contained,nor of the strict and prompt performance thereof. Lessee may waive any default of Sublessee at any time without affecting or impairing any subsequent default. any time of any of deemed as a condition or covenant. Lessee may waive right arising from a Sublease Agreement and all of the provisions upon the parties hereto, their successors and assigns herein required to be given to either Lessee or Sublessee shall if served upon or delivered to such party, or their authorized if mailed by certified mail, postpaid, to the address of such parry. U:\Contact Flc\I=ms mtrad:I—ns pd 14. Termination: Upon the expiration or termination of this Sublease Agreement, including termination by reason of default, Sublessee shall abide by the terms and conditions set forth in this Sublease Agreement regarding removal of improvements and shall surrender possession and vacate the premises immediately upon such expiration or termination. 15. Assignment: Sublessee shall not sublet, assign or otherwise transfer any rights, interest or responsibilities under this sublease, without the prior written consent of Lessee, and any and every such attempted subletting, assignment or transfer without such prior written consent shall be void and of no effect. This Sublease Agreement is personal to the Sublease and shall not inure to the benefit of any received,trustee or other officer or of any assignee. In the event of any approved assignment or subletting, Sublessee shall at all times remain fully responsible and liable for the compliance of all of its other obligations under the terms, provisions and covenants of this Sublease Agreement. 16. Miscellaneous. (a) Any notice herein required to be given to either Lessee or Sublessee shall be deemed properly given if served upon or delivered to such party, or their authorized agent, or if posted on or if mailed by certified mail,postpaid, to the address of such party as follows: If to Lessee: If to Sublessee: Department of Natural Resources City of Jefferson Division of State Parks John G. Christy Municipal Building Attn: Director Attn: Mayor P.O. Box 176 320 East McCarty Street Jefferson City, MO 65201 Jefferson City, MO 65101 (b) No oral promises, oral agreements or oral warranties shall be deemed a part of this Sublease Agreement, nor shall any alteration, amendment, supplement, or waiver of any of the provisions of this Sublease Agreement be binding upon either Lessee or Sublessee unless the same be supplemented, altered, changed or amended by an instrument in writing, signed by Lessee and Sublessee. (c) This Sublease Agreement does not become binding until executed by Lessee's Director. U.T..tmn . Filu\. A.=L Le—s.,,pd IN WITNESS WHEREOF,the parties hereto have Agreement on the dates indicated below. OFFICE OF ADMINISTRATION Adw-C d 3! "';I ) a - ? -Old 1(::) Kely L. Simmons, Commissioner Date DEPARTMENT OF NATURAL RESOURCES SAT �`� ,/° 1" n By: Marls N. Templeton, Director Date CITY OF JEFFERSON John L ebr,Mayor Date ATTEST: 32 ity Clerk erk I unselAS TO FORM: or U.\C..=t Rd A..\A..L L. .pd