HomeMy WebLinkAboutOrd.3943.07-07-2008 BILL NO. 08-108 ORDINANCE NO. 39y3
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO
EXECUTE A FIRST AMENDMENT TO THE LEASE
AGREEMENT WITH THE BURLINGTON NORTHERN AND
SANTA FE RAILWAY TO OPERATE A RAILROAD AND
OTHER RELATED ACTIVITIES ON CITY PROPERTY
ALONG THE RIVERFRONT IN THE CITY OF CAPE
GIRARDEAU, MISSOURI
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE
GIRARDEAU, MISSOURI, AS FOLLOWS :
ARTICLE 1 . The City Manager for and on behalf of the City of
Cape Girardeau, Missouri, is hereby authorized to execute a
First Amendment to the Lease Agreement with The Burlington
Northern and Santa Fe Railway granting The Burlington Northern
and Santa Fe Railway the right to operate a railroad and other
related activities on city property along the riverfront in the
City of Cape Girardeau, Missouri . A copy of said First Amendment
of Lease is attached to this Ordinance and made a part hereof .
ARTICLE 2 . This Ordinance shall be in full force and effect
s after its passage and approval .
A
AND APPROVED THIS 4A- DAY OF T�/ 20_f .
to
'� � � � Jay Knudtson, Mayor
Gayle Conrad, City Clerk
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FIRST AMENDMENT OF LEASE
THIS FIRST AMENDMENT OF LEASE AGREEMENT ("First Amendment") is made effective as of the JH.
day of_� 1V 2008 ("Effective Date") by and between the City of Cape Girardeau, Missouri, a
municipal corp ratiob n of the State of Missouri, hereinafter referred to as"Lessor", and BNSF Railway Company(f/k/a
The Burlington Northern and Santa Fe Railway Company), a Delaware corporation, hereinafter referred to as"Lessee".
WITNESSETH, that:
Lessor and Lessee entered into that certain Lease Agreement dated September 25, 2002, (the "Original
Lease") relating to the maintenance of railroad tracks and the operation of railway traffic, as more particularly
described in Exhibit A to the Original Lease (the "Premises"). The Original Lease as amended by this First
Amendment is collectively called the"Lease."
The parties desire to revise the area of the Premises for the Maintenance/Storage Yard as set forth herein,
and memorialize their agreement herein.
NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00), the mutual covenants and
obligations set forth herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties hereby agree to amend the Original Lease as follows:
1. The description and area of the Premises are hereby revised by removing an approximately 40-feet by
120-feet area on the north part of the Maintenance/Storage Yard ("Removed Area") and adding an approximately 65-
feet by 75-feet area to the south of the Maintenance/Storage Yard ("Added Area"), as shown on Exhibit A, attached to
and made a part of this First Amendment. Exhibit A attached hereto shall be substituted for the part of Exhibit A
attached to the Original Lease identified as"detail of Maintenance/Storage Yard." Lessee has inspected and hereby
accepts the Added Area in its present condition as part of the Premises. Lessor hereby accepts the Removed Area in
its present condition and releases Lessee from any further obligations with respect to the Removed Area.
2. Lessee's name throughout the Lease is hereby amended to be"BNSF Railway Company, a Delaware
corporation."
3. Except as otherwise set forth herein, all words and phrases herein shall have the meanings given
thereto in the Original Lease. The provisions of this First Amendment amend, supplement and supersede any
conflicting terms of the Original Lease. Except as herein and hereby modified and amended, the Lease dated
September 25, 2002, shall remain in full force and effect and all of the terms, provisions, covenants and conditions
thereof are hereby ratified and confirmed. The parties acknowledge and agree that each of the parties has fulfilled its
respective obligations under the Lease through and including the date hereof.
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IN WITNESS WHEREOF, Lessor and Lessee have executed this First Amendment by their duly authorized
representatives to be effective as of the day and year first written above.
GIRAJAk , LESSOR: The City of Cape Girardeau, Missouri
ATTEST:
4 r 1 By
Nrn`.Douglas K/f eslie
CF City Man ger
Gayl Conrad
O
City erk THE UNION
3EA�_ LESSEE: BNSF Railway Company (f/k/a The Burlington Northern
and Santa Fe Railway Company)
By
ATTEST: Name: 14� Eitic.E,t,
Title:
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