HomeMy WebLinkAboutRes.3700.2026-05-04BILL NO. 26-37
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE THE THIRD AMENDMENT TO LEASE
AGREEMENT WITH BNSF RAILWAY COMPANY FOR
PROPERTY 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 the
Third Amendment to 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, with such
changes or amendments as shall be approved by the officers of
the City executing the same. The officers, agents, and employees
of the City are hereby authorized to execute all documents and
take steps as they deem necessary and advisable to carry out and
perform the purpose of this Resolution.
PASSED AND ADOPTED THIS DAY OF
I —�:
. As,
Robert F. Gua d, Mayo
ATTEST: C
61�aa��
Courtney Davis, Deputy City Clerk
2026.
Docusign Envelope ID:809EE160-D178-4AC4-8882-4DA2A22EE838
THIRD AMENDMENT TO LEASE AGREEMENT
THIS THIRDMENDMENT TO LEASE AGREEMENT ("Third Amendment") is
dated the day of , 2026 (the "Effective Date'), by and between the CITY OF
CAPE GIRARDEAU, MI OURI, 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, as modified by the provisions of that certain First
Amendment to Lease dated February 7,-2024 (the "First Amendment"), that certain Second
Amendment to Lease dated August 16, 2024 (the"Second Amendment"), and the provisions of
this Third Amendment, shall be referred to herein as the "Lease."
C. The Lease is scheduled to expire by lapse of time on September 25, 2025.
D. Lessor and Lessee desire to amend the Lease on the terms and conditions set forth
in this Third 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 three (3) years, commencing on September 26, 2025, and expiring on September 25, 2028,
(the "Third Extended Term") unless the Lease is cancelled or sooner terminated as may be
provided therein.
2. Rent. During the first year of the Third Extended Term, rent shall be Three
'Thousand Seven Hundred Ninety-Two and 52/100 Dollars ($3,792.52) (the "Rent"). Lessee
shall pay the Rent within thirty (30) days of the execution of this Third Amendment. Rent shall
increase by three percent(3.0%)per each year on September 26 commencing on September 26,
2026.
3. Lessee's Work. Lessee agrees to power wash and paint the exterior of the
warehouse building illustrated on Exhibit B attached hereto ("Building") by June 1, 2026. The
obligation hereunder will in no way be a continuing obligation and will not expand Lessee's
maintenance obligations. This is a one time obligation that will cease once the work is done on
1260879_1
Docusign Envelope ID:809EE160-D178-4AC4-8882-4DA2A22EE838
June 1, 2026. Lessee must complete all required exterior building work to Lessor's reasonable
satisfaction, weather permitting.
4. Ratification. Except as expressly modified by this Third 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 Third Amendment shall have the same meaning as given in
the Lease unless otherwise specifically defined herein. However, where any terms and
provisions of this Third Amendment conflict or are inconsistent with the Lease, the terms and
provisions of this Third Amendment shall govern, control, and prevail.
5. Counterparts. This Third 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 Third
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.
2
Docusign Envelope ID:809EE160-D178-4AC4-8882-4DA2A22EE838
THIS THIRD 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:
�VA "',�� CITY OF CAPE GIRARDEAU
a municipal corporation o the State of Missouri
® rA By:
® ZZ
a
y' Hasno
JA Name:
�
TILE UNI®N
Title:
Date:
LESSEE:
BNSF RAILWAY COMPANY
a Delaware corporation
By: FSigned by:
�u�i
Name: Mariah Arteana
Title: Manager,Real Estate
Date: April 10, 2026
3
Docusign Envelope ID: 809EE160-Dl78-4AC4-8882-4DA2A22EE838
EXHIBIT A
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COORDIm�ESYSTEMuMO�
EXHIBIT "A"
BNSF RAILWAY COMPANY
AND
CITY OF CAPE GIRARDEAU, MISSOURI
SCALF- 1 IN= 250 FT
REARTIL"D DIV.
PIVF:P 1020,
TRIM LINE
____________________'
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EXHIBIT B
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CITYO�CAPE
6 I R A R Q E A U
105 101
BNSF Lease for f. {
Extra Storage Yard 211 1 BN1.SF
220
Office
221 "� co -j Warehouse
225 'y I Building
227 X224
231 -
231 B
33 233 B 233 Q
235 B 238 237 ;
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321 ' 318 Storage
Yard
Lease
area
328
327 330
LEGEND
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