HomeMy Public PortalAboutORD12039 i 7 tY
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Bill No. 93-184
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Sponsored by Councilman Nilaes
r Ordinance No. 12039
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT FOR A RIGHT OF FIRST
REFUSAL WITH THE JEFFERSON CITY JAYCEES.
WHEREAS, the flood of 1993 displaced Great Central Lumber from the flood plain, and
WHEREAS, through cooperative efforts of the City, Chamber of Commerce, and the
:'. Jefferson City Jaycees, an alternate site for Great Central Lumber has been located on
property currently belonging to the Jaycees, and
WHEREAS, the economic impact of keeping Great Central Lumber within the City limits
is significant, and
WHEREAS, development rights authorized below are important and valuable.
NOW THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF
JEFFERSON, MISSOURI, AS FOLLOWS:
'q Section 1. The Mayor and City Clerk are hereby authorized and directed to
enter into an agreement with the Jefferson City Jaycees to secure a right of first refusal
for up to five years on terms as set out in the attached agreement.
Section 2. The contract shall be substantially the same in form and content as
that contract attached hereto as Exhibit A.
Section 3. Expenditure for right of first refusal of $70,000 is hereby authorized
and approved.
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RIGHT OF FIRST REFUSAL
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the
undersigned, Jefferson City Jaycees, Inc., a Missouri Corporation, (hereinafter referred to as a
P "Grantor"), hereby grant The City of Jefferson, Missouri, a municipal corporation organized and
existing n accordance with the laws of the State of Missouri (hereinafter referred to as "Grantee"
g � ),
a right of first refusal,upon the terms and conditions set forth below, in the following described real
estate located in Cole County, Missouri, to wit: z
Part of the Southeast quarter of the Northwest quarter of Section 17,Township
44 North, Range 12 West, in the City of Jefferson, Cole County, Missouri, more 4,
particularly described as follows:
From the center of said Section 17; thence North 05 degrees 34 minutes 02
seconds west, along the quarter Section line, 9.24 feet to the northerly right of way
line of County Park Road and the beginning point of this description;thence westerly i
along the northerly right of way line of County Park Road, the following courses:
westerly on a curve to the right, having a radius of 1357.39 feet, an arc distance of
287.28 feet, the chord of said curve being North 56 degrees 05 minutes 15 seconds
west,286.75 feet;thence North 50 degrees 01 minutes 28 seconds west, 46.20 feet; '
thence westerly on a curve to the left, having a radius of 791.20 feet, an arc distance '
of 543.46 feet,the cord of said curve being North 69 degrees 42 minutes 08 seconds
, r west, 532.84 feet to the easterly right of way line of Fairground Road; thence leaving
r the northerly right of way line of County Park Road,North 19 degrees 48 minutes 42
4
seconds east, along the easterly right of way line of Fairground Road, 643.90 feet to
the southerly line of a tract described in Book 208,page 367, Cole County Recorder's
Y 'Office;thence South 70 degrees 59 minutes 53 seconds east, along the southerly line
of said tract, 502.68 feet to the quarter Section line; thence South 05 degrees 34
minutes 02 seconds east, along the quarter Section line, 820.50 feet to the point of
beginning.
Containing 9.78 acres.
If at any time Grantor desires to sell its interest,or any part thereof,in the aforesaid real estate
and shall have received a bona fide offer to purchase the same,which offer Grantor desires to accept,
Grantee shall have the first right to purchase Grantor's interest for the same price and,upon the same
terms and conditions as set forth in said offer. Grantor shall give Grantee written notice of its desire
to sell and a copy of the bona fide offer. Grantee shall have sixty(60) days after receipt of said
notice and copy of said offer in which either to accept or reject the terms of said offer. If Grantee
rejects the terms of said offer or fail to respond to said offer within the aforesaid time, Grantor shall
be free to sell its interest in the real estate to the person or entity making such offer, upon the terms
and conditions specified in said notice and bona fide offer, at any time within sixty(60) days after
Grantee's rejection or expiration of the time within which to accept. In the event Grantee declines
to match said offer or fail to respond within the time required, and the sale by Grantor is not closed
with the person or entity making the bona fide offer within the time set forth above, this Right of
First Refusal shall be reinstated and shall be in full force and effect. Any voluntary conveyance or
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other transfer of Grantor's interest in the real estate effected without compliance with the provisions
of this Agreement shall be void and of absolutely no force and effect.
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} This Right of First Refusal shall expire upon its exercise or on December 31, 1998.
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In the event that Grantor desires to reacquire rights granted Grantee under this Right of First
Refusal,it may purchase all of Grantee's rights under this Agreement for a sale contracted in 1994
upon a payment of Seventy Thousand Dollars ($70,000.00), for a contract executed in 1995 upon
`r the payment of Fifty Thousand Dollars ($50,000.00), upon a contract executed 1996 upon the
payment of Thirty Thousand Dollars ($30,000.00), a contract executed in 1997 upon the payment :Y
of Twenty Thousand Dollars ($20,000.00), and for a contract executed in 1998 upon the payment
r. of Ten Thousand Dollars ($10,000.00).
This Right of First Refusal shall not apply to offers and conveyances involving less than five
(5)acres, except if such offer or conveyance will reduce the acreage covered by this Right of First
Refusal below twenty-five(25)acres.
This Agreement shall be binding upon the successors,assigns and lessees of the Grantor. 5
IN WITNESS WHEREOF, First Parties have hereunto set their hands this day of
` , 1994.
2 JEFFERSON CITY JAYCEES, INC. CITY OF JEFFERSON, MISSOURI '!
By:
7 Lou e Gardner, ayor
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ATTEST: ST:
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Secretary Phyllis owell,'Cztyvb1'etk
APPR AS TO Fr RM:.-_'
en Garner, City tounselor
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STATE OF MISSOURI )
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COUNTY OF
On this l�'^ - day of A Q.r: ( ____ 1994, before me personally appeared
-1-1 -4- l���l�u ,to me personally known,who being by me
duly sworn,did say that he is the President of Jefferson City Jaycees, Inc., a Missouri Corporation,
rate-se -ofsaicl C-orperat-im.,, and that the said
instrument was signed-and-seaW in behal of said Corporation by authority of its Board of Directors.
And the said -JetfC Q,,k.f , 1°✓tc, t,.i acknowledges said
instrument to be the free act and deed of said Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in
the County and State aforesaid, the day and year first above written.
Lauj'
� JJ Notary Public
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S'kH'OF•N" SSOURI )
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COUNTY OF C 4)L E )
On this QJA day of fans.I , 1994, before me personally appeared Louise
Gardner,Mayor of the City of Jefferson, Missouri, known to me to be the person who executed the
within instrument in behalf of the City of Jefferson, Missouri, and acknowledged to me that she
executed the same for the purposes therein stated.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in
the County and State aforesaid,the day and year first above written.
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Notary Public
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