HomeMy WebLinkAboutRes.3612.07-15-2024 BILL NO. 24-70 RESOLUTION NO. 3W171.
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 through September 25, 2025, 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 )46—th DAY OF � 1/ , 2024 .
Stacy K' de , Mayor
ATTEST:
Bruce Taylor Deputy City Clerk
ti
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SECOND AMENDMENT TO LEASE AGREEMENT
THIS SECOND AMENDMENT TO LEASE AGREEMENT ("Second Amendment")
is dated the _ day of , 2024 (the "Effective Date"), by and between the CITY
OF CAPE GIRARDEAU, MISSOURI, a municipal corporation of the State of Missouri
("LESSOR") and BNSF RAILWAY 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 was scheduled to expire September 25, 2023. Lessor and
Lessee entered into that certain First Amendment to Lease dated February 7, 2024 (the "First
Amendment") to extend the term for one (1) additional year. The Original Lease, as modified
by the First Amendment and the provisions of this Second Amendment, shall be referred to
herein as the"Lease."
C. The Lease is scheduled to expire by lapse of time on September 25, 2024.
D. Lessor and Lessee desire to amend the Lease on the terms and conditions set
forth in this Second 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:
I. Extension of Lease Term. The Term of the Lease shall be extended for a
period of one (1) year, commencing on September 26, 2024, and expiring on September 25,
2025, (the "Second Extended Term") unless the Lease is cancelled or sooner terminated as
may be provided therein.
2. Rent. During the first year of the Second Extended Term, rent shall be Three
Thousand Six Hundred Eighty-Two and 06/100 Dollars ($3,682.06) (the "Rent"). Lessee shall
pay the Rent within thirty (30) days of the execution of this Second Amendment.
3. Ratification. Except as expressly modified by this Second 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 Second Amendment shall have the same meaning as
given in the Lease unless otherwise specifically defined herein. However, where any terms and
provisions of this Second Amendment conflict or are inconsistent with the Lease, the terms and
provisions of this Second Amendment shall govern, control, and prevail.
1260879_I
4. Counterparts. This Second 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 any other counterpart to assemble fully executed documents, and counterparts of
this Second 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 SECOND 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
RAn0 ' a municipal corporation of the State of Missouri
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LESSEE:
BNSF RAILWAY COMPANY
a Delaware corporation
By:
Name: 'f Y/A E. 1'`( ✓,U
Title: MAtilAG1AT
Date: 0-1.4.143-/- /5 020 4.14
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LEGEND
BNSF Storage Yard a 100 200 Feet
:.° Lease area ' I I t I I I 1:1,250
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