HomeMy WebLinkAboutRes.3595.02-05-2024 BILL NO. 24-17 RESOLUTION NO. 3.595
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE A LEASE AGREEMENT WITH BNSF RAILWAY
COMPANY FOR A STORAGE AND MAINTENANCE FACILITY
ALONG AQUAMSI STREET, IN THE CITY OF CAPE
GIRARDEAU, MISSOURI
BE IT RESOLVED 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
lease agreement with BNSF Railway Company for a storage and
maintenance facility along Aquamsi Street. The Agreement shall be
in substantially the form attached hereto, which document is
hereby approved by the City Council, and incorporated herein by
reference, with such changes or amendments as shall be approved by
the officers of the City executing the same.
PASSED AND ADOPTED THIS 51.4 DAY OF T2brtka r , 2024 .
c\-\i)Stacy Kide , Mayor
ATTEST:
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Gayl L. Conrad, City Clerk
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FIRST AMENDMENT TO LEASE AGREEMENT
T . IRST �rENDME► TO LEASE AGREEMENT ("First Amendment") is
dated the 11 ay of �V:,A� r 14 (the "Effective Date"), by and between the CITY OF
CAPE GIRARDEAU, MISS i ; , a municipal corporation of the State of Missouri
("LESSOR") and BNSF RAI ' AY COMPANY, a Delaware corporation (f/k/a The
Burlington Northern and Santa Fe Railway Company) ("LESSEE").
RECITALS
A. Lessor and Lessee entered into that certain Lease Agreement dated September
24, 2013 (the "Original Lease"), under which Lessee leased from Lessor that certain tract of
land along the river front consisting of approximately 21,000 square feet, as further described
in the Original Lease (the "Premises").
B. The Original Lease, as modified by the provisions of this First Amendment, is
referred to herein as the"Lease."
C. The Lease is scheduled to expire by lapse of time on September 25, 2023.
D. Lessor and Lessee desire to amend the Original Lease on the terms and
conditions set forth in this First Amendment.
AGREEMENT
In consideration of the covenants contained herein, and for other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree
as follows:
1. Extension of Lease Term. The Term of the Lease shall be extended for a
period of one (1) year, commencing on September 26, 2023, and expiring on September 25,
2024, (the "First Extended Term") unless the Lease is cancelled or sooner terminated as may
be provided therein.
2. Rent. During the first year of the First Extended Term rent shall be Three
Thousand Five Hundred Seventy-Four and 82/100 Dollars ($3,574.82) (the "Rent"). Lessee
shall pay the Rent immediately upon execution of this First Amendment.
3. Ratification. Except as expressly modified by this First Amendment, all other
terms and conditions of the Lease are hereby ratified and affirmed and remain in full force and
effect. All capitalized terms in this First Amendment shall have the same meaning as given in
the Lease unless otherwise specifically defined herein. However, where any terms and
provisions of this First Amendment conflict or are inconsistent with the Lease, the terms and
provisions of this First Amendment shall govern, control, and prevail.
4. Counterparts. This First Amendment may be executed in multiple counterparts,
each of which shall, for all purposes, be deemed an original but which together shall constitute
one and the same instrument, and the signature pages from any counterpart may be appended to
1260879_1
any other counterpart to assemble fully executed documents, and counterparts of this First
Amendment may also be exchanged via electronic facsimile machines and any electronic
facsimile of any party's signature shall be deemed to be an original signature for all purposes.
THIS FIRST AMENDMENT TO LEASE AGREEMENT is executed by each party
as of the date set forth below each party's signature;to be effective, however, as of the Effective
Date set forth above.
LESSOR:
CITY OF CAPE GIRARDEAU
a municipal corporation of the State of Missouri
By:
Name: , I`� I I fl
Title: Cil-K) rro
Date: LV of
�I lob
LESSEE:
BNSF RAILWAY COMPANY
a Delaware corporation
By:
Name: D VIA 6. Al eveLS
Title: MANAGL-R'/RAL C'S re.
Date: //, -/.24
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