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HomeMy Public PortalAboutORD10663 BILL NO. SPONSORED BY COUNCILMAN ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI , AUTHORIZING AND DIRECTING THE MAYOR AND THE CITY CLERK TO EXECUTE A LEASE AND OPTION TO PURCHASE WITH DAVID D. AND BETTY JO PAVITT FOR CERTAIN PROPERTY NEAR THE JEFFERSON MEMORIAL AIRPORT. BE IN ENACTED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON, MISSOURI AS FOLLOWS: Section 1. The Mayor and Clerk are hereby authorized and directed to execute a lease agreement and option to purchase with David D. and Betty Jo Pavitt, for certain land including the one-story metal clad industrial building containing approximately 2480 square feet, for the storage of city equipment. The monthly rental amount to be $500 and the purchase price to be $55, 000. Section 2. The lease shall be substantially the same in form and content as that lease attached hereto as Exhibit A. Section 3. This Ordinance shall be in full force and effect from and after the date of its passage and approval. 11 Passed Approved �T Prsidi Offic r M e ayor �, ATTEST: City Clerk a) 1 1 1p b M0• ' 1 OF a Ash A CITY FFERS%,..jN J:111 � WIN MAYOR: Louise Gardner May 6, 1987 Mr. and Mrs. David D. Pavitt P.O. Box 1601 Jefferson City, MO 65102 Rea Lease Agreement Dear Mr. and Mrs. Pavitt: Per the lease agreement entered into on the 15th day of June, 1986, the City has the option to renew the lease on the same terms, for one additional year by serving written notice. By this letter, the City is serving notice that we wish to extend the lease on the property described in the lease for the ANAL period June 15, 1987 through June 14, 1988. Sincerely, Martin A. Brose, P.E. Director Department of Transportation ljl cc: City Clerk Airport Supervisor John G. Christy Municipal Building 320 L McCarty St. Jefferson City,Missouri 65101 314 634.6300 Direct Dial 634- 1 LEASE tk This lease made this 17 day of. 1986, by and between David D. and Betty Jo pavi, t, h—usband and wife, hereinafter "lessor" , and the City of Jefferson, Missouri, a municipal corporation, hereinafter referred to as "lessee" , witnesseth: In consideration of their mutual promises , the parties hereto do hereby mutually agree as follows : 1. Lessor hereby leases to lessee, and lessee hereby leases from the lessor, the premises described on Exhibit "A" , hereinafter referred to as "premises" , which is attached hereto and incorporated herein by reference. 2. This lease shall commence f on the Sday of o 19 8�e 1986 and shall terminate on the L� day , lessee shall have the option to renew this 1 ase, on the same terms , for one additional year, to begin immediately upon the termination date referred to above. The lessee shall exercise this option by serving written notice upon lessor within 30 days of the above-referenced date of termination. 3 . Lessee agrees to pay as rent for the premises the sum of $500 per month. The rent for each month shall be paid to the lessor in advance on or before the first day of each and every month of the lease term, and shall be payable at such place as the lessor may hereinafter designate. Any such designation shall be made in writing within 15 days of the rent payment next due to the Director of lessee's Department of Transportation. 4 . Lessee shall use the premises for storage and maintenance purposes in connection with operations at the Jefferson City Memorial Airport, and shall not use them for any other purpose without the written consent of lessor. 5 . Lessee shall be liable for, and shall pay throughout the term of this lease, all charges for all utilities services furnished to the premises, including, but not limited to light , heat, electricity, gas, water, sewage, garbage disposal, and janitorial services . 6. Lessee has examined the premises , accepts them in their present condition, and agrees to make any changes in the premises necessary to conform to federal, state, and local law applicable to lessee's use of the premises . Upon the expiration of this lease, lessee shall return the premises to lessor in the same condition in which received, reasonable wear, tear, and damage by fire or unavoidable casualty excepted. AMIL Lessee shall make no improvements or alterations to or upon the premises or install any fixtures , other than trade fixtures which can be removed without injury to the premises, without first obtaining written approval from lessor and subject to any and all conditions in such approval. 7 . Lessor shall maintain in force any and all insurance applicable to the premises for the term of this lease. Lessee shall insure the materials , fixtures , and other personal property kept upon the premises, but not including the building on the premises. 8 . Lessee shall not assign or transfer this lease or any interest therein nor sublet the whole or any part of the premises without the written consent of the lessor. 9 . The lessor covenants that the lessee, on paying the rent herein provided and performing its covenants and agreements hereunder, shall peaceably and quietly have, hold, and enjoy the premises and all rights , easements , appurtenances and privileges belonging or appertaining thereto during the full term of this lease and any extension thereof. 10. Lessee is hereby given the option to purchase the premises described in Exhibit "A" at any time before the expiration of this lease. The time to exercise said option shall include the period for which this lease may be renewed. The purchase price of the premises shall be $55, 000.00, less the amount of rent paid at the time this option is exercised, but in no event shall the amount credited exceed $6, 000. 00. This option shall be exercised by the lessee by written notice to the lessor. If such option is exercised, the lessor and lessee shall, within thirty days after such exercise, execute and acknowledge a contract of sale for the premises . 11. This lease, together with any attached exhibits incorporated by reference hereto, shall constitute the whole agreement between the parties . There are no terms, obligations, covenants , or conditions other than those contained herein. - No modification or amendment of this agreement shall be valid or effective unless evidenced in writing by an agreement in writing signed by both parties . 12. This lease shall be governed by and construed in accordance with the laws of the State of Missouri. In witness hereof, the parties hereto have signed this lease as of the day and year first above written. LESSEE LESSOR CITY OF JEFFERSON Ey a M y r David D. Pavitt ATTEST T3ett J Pavitt C.ity Clbrk State of Missouri ) ss County of Cole ) On this i day of 19X , before me personally appeared to me known to be the person described in an w o ex cuted the foregoing instrument, who being by me duly sworn, acknowledged that executed the same as free act and deed and for the consideration stated therein and no other. IN TEST'I'MONY 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. SUF UtTERBACK My commission expire MTARY rUBLIC STATE nE lotgnno2 -> eooer co. 4Nt ry Public 14Y C0NNISSION EXPIRES JAN 23,1988 State of Missouri ) ss County of Cole ) On this /lam day of 19 94., before me personally appeared _�qwD D. Agvl& and n9' 7a PAV17,r' to me known to be the persons described in and who executed the foregoing instrument, and acknowledged that they executed the same as their free act and deed and for the consideration stated therein and no other. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal,. at my office in J'EGG CITY the day and year first above written. My commission a EILEEN I RIDITER 'Wffl91bBL1(,', till COUNTY OF COLE Notary Public Boo CC+aam4skm Expires AWAY 22, 1989 sun PROPERTY DATA Legal Description: That part of the east half of the Northeast Quarter of Section 16, Township 44 N, Range 11 W, which lies south of the following described east-west line: From the northeast corner of Section 16, in said Township and Range; thence run south along the east line of said Section 16, approximatley 200 feet to the beginning point of said parallel east-west line; run thence west and parallel to the north line of said Section 16, approximately 280 feet, to the east line of old Route 54, the rights conveyed all lying south of said line, which coincides with the north line of property heretofore conveyed to Pavitt Sign Company or David Pavitt. A portion of the land conveyed is subject to a lease with Southwestern Bell Telephone Company. And: Part of the East Half of the Northeast Quarter of Section Sixteen (16) , Township Forty-four (44) North, Range Eleven (11) West, in the County of Callaway and State of Missouri more particularly described as follows: From the Northeast Corner of said Section Sixteen (16); thence South along the East line of Section Sixteen (16), Aft 346.5 feet; thence West and parallel to the north line of said Section Sixteen (16), 330 feet more or less to the East line of Old U.S. Route 54; thence Northerly along said East line, 47.11 feet to the point of beginning for this description; thence continuing Northerly along the East line of said Old U.S. Route 54, 100.0 feet; thence East and parallel to the North line of said Section Sixteen (16) , 200.0 feet; thence South and parallel to the East line of Section Sixteen (16) , 90.36 feet; thence West and parallel to the North line of Section Sixteen (16), 242.57 feet to the point of beginning. Containing in all, 20,000 Square Feet more or less. Site Description: The subject parcel is a slightly irregularly shaped parcel containing a total of 1.10 acres, more or less. As may be seen on the accompanying Property Sketch situated in the addendum, the parcel enjoys frontage and access of approximately 147' along the east side of Old US Route 54, forming the western boundary. The northern boundary extends for approximately 330' , and the southern boundary extends for approximately 392' . The eastern boundary extends for approximately 132' . The topography of the parcel throughout is level and approximately 2' to 3' below the grade of the fronting roadway. The existing driveway grade is very suitable in support of the existing or potential uses. The area is, due to its proximity to the Missouri River, and lowlying nature, subject to standing water in times of extreme and continued rainfall. This factor is common to the entire neighborhood area as previously described, to some extent. 1 _ 7 _ �7 1 Utilities available to the site include sanitary sewer, electricity, public water, and telephone service, with liquid propane gas facilities also close at hand. improvement Description: The main improvement to the site is a one-story metal clad industrial building containing a total of approximately 2480 sq.ft. G The vast majority of the floor space is devoted to open workbay area with a 12' clear height and one 12'x12' automatic bay door. Approximately the westernmost 15% is devoted to office area which is finished with vinyl tile floors, sheetrock ceiling, overhead ' fluorescent lighting, and paneled walls. There is a two-fixture resrroom in this portion of the building. The workbay area has slab flooring, exposed steel bar joist roof structure, fully insulated walls and ceiling, four skylight openings, and beam mounted light fixtures. (� The building is approximately 16 years old and appears to be in very 4� sound condition as of the date of the inspection. Supporting secondary site improvements include approximately 700 lin.ft. of perimeter barbed wire fencing; a small gravel parking area; and a metal pole sign with concrete base. Zoning: The subject is not restricted by any zoning ordinances imposed by # the Cedar City government at the present. History of the Property: The subject property has not changed hands in the last 5. years. The last transfer involving the subject property was an interfamily transfer in 1979. For approximately 16 years the property has been used in support of industrial uses by Mr. Pavitt. _ gr Z A. ' JEFFERSON CITY MEMORIAL AIRPORT TRACT Gr-G AVIGATIO14 EASEMIDIT (SEE PAGE I 2 FOR PROPERrr T1Ez) J 1 1 �°► h I •1 � 1 �,. /700'TOTAL I , a V- � r�.o�• 1 1 I 1 , C i I I� 1i Al 7/•a''jD•w 1 t � I �''LEA/E' ZaV PLAN 1 IN I I t 200, I 1 10 I ,QPP,�i7gCi! a^GOPE� 3d:/ I W MAXIMUM STRUCTURE ELEVATIONS 1 1 1> I I I cow• I I "o"co 1 I ` I • 1 l �•�••CLE4R ZGbt/E /�iPpF/LE GRANTORS: DAVID t E5ETT`( .10 I-AVITT GR. /00 verl PAt~CEL `.RE-;5 4 As5or- 7E5, wc. NEW ES-M'T. AKRTY, RO,509 1753 `k'/ t-A JN CY/InW, LM obsociRl &5102 f' JEFfE1C50N E.XNIBI"�' �- 'O F.ICE z �r.,i• lu a•.:1..,:. ;f tfX R. �P Ak Y_q F *1 M YW44kjiiMnA El- I W -4-154 SMIL ArAVA r-Aw IwT 4A A