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HomeMy Public PortalAboutORD10972 BILL NO. 87-169 IV SPONSORED BY COUNCILMAN HAAKE, MASON ORDINANCE NO. /O AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AMENDMENT TO THE REAL ESTATE OPTION AS IT PERTAINS TO ST. MARY'S RIGHT OF WAY. BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The Mayor and Clerk are hereby authorized and directed to execute an amendment to the Real Estate Option as it pertains to St. Mary's Right of Way. Section 2. The amendment shall be substantially the same in form and content as that amendment 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. Passed _ ,�/, /`7f Approved es i i fficer --mayor ATTEST: City Clerk REAL ESTATE OPTION CONTRACT Aft THIS REAL ESTATE OPTION CONTRACT ( "Option Contract") is entered into by and between SSM HEALTH CARE, a Missouri not-for- profit corporation doing business as St. Mary' s Health Center in Jefferson City, Missouri ( "Buyer") , the HOUSING AUTHORITY OF THE CITY OF JEFFERSON, MISSOURI , a Missouri Corporation ( "Owner" ) , and the CITY OF JEFFERSON, a Missouri constitutional charter city ("City") , on the following terms and conditions: WITNESSETH: WHEREAS, Owner and Buyer have previously entered into a Real Estate Sale Contract dated May 15, 1986 ( "Contract" ) for the purchase by Buyer from Owner of certain parcels of real property including a parcel designated therein and herein as Parcel H-3; and WHEREAS, City and the MISSOURI HIGHWAY AND TRANSPORTATION DEPARTMENT, an agency of the State of Missouri ( "State" ) have indicated to Owner and Buyer that portions of Parcel H-3 are required for certain exit and entrance ramps onto Missouri Highway 54; and WHEREAS, Buyer and Owner are desirous of accommodating the highway plans of City and State in order to facilitate the same flow of traffic along said Highway 54 and within the City of Jefferson and to promote the interests of the citizens of the City of Jefferson and the State of Missouri; and WHEREAS, in order to accommodate said goals it is necessary that Buyer relinquish rights it has under the Contract, which Buyer is willing to do subject to the terms and conditions contained in this Option Contract; NOW, THEREFORE, in consideration of the premises the parties do hereby agree as follows: 1. Owner hereby grants to Buyer an option to purchase the real estate described in Exhibit A attached hereto and made a part hereof by this reference which is hereinafter referred to as Parcel H-3 consisting of approximately 199,600 square feet. The term of this option shall be for a period of five ( 5) years following execution of this Option Contract by the parties and shall be subject to all the further terms, limitations and conditions contained in this Option Contract. 2. The option price for Parcel H-3 shall be One Hundred Forty-Nine Thousand Seven Hundred Dollars ( $149,700.00) for the entirety of Parcel H-3 or a price for any portion thereof at an agreed land value of $.75 per square foot (hereinafter "Square 1 Foot Price" ) . 3. Owner shall have the right to convey to City and/or State portions of Parcel H-3 shown on the drawing attached hereto and marked Exhibit A and made a part hereof by this reference designated as the "Highway Ramp Area". Said Highway Ramp Area shall be deleted from and reduce the area of Parcel H-3 to which this Option Contract is applicable provided that within the five (5) year option term herein provided State and/or City have commenced construction of said exit ramps upon Highway Ramp Area. In the event said construction has not commenced prior to the end of said five (5) year period, then Buyer shall again have an option to purchase the area designated as Highway Ramp Area at a price equal to the Square Foot Price multiplied times the actual square footage of the Highway Ramp Area but only in the event Owner or City have reacquired title to said Highway Ramp Area which reacquisition shall be pursued in good faith by Owner and City. In the event Owner conveys the Highway Ramp Area to City or State for a price in excess of the Square Foot Price, then the aggregate excess shall reduce the option price payable by Buyer under this Option Contract. 4. Subject to the provision of paragraph 3 above, in the event Owner conveys the Highway Ramp Area to the State, then the Highway Ramp Area so conveyed shall be excluded from this Option Contract and all of the remaining portion of Parcel. H or any part thereof_ selected by Buyer shall be the subject of this Option Contract at the Square Foot Price. 5. In the event the highway ramp construction proceeds, then City shall contract with State to effect the rechannelization of Wears Creek so that no portion of said rechannelized Wears Creek crosses any portion of the remainder of Parcel H-3 lying west and south of the Highway Ramp Area. The expense of said Wears Creek rechannelization shall not be borne by Buyer. City shall convey by quit claim deed to Owner (or to Buyer if it has exercised this option to purchase) City' s interests in the existing (old) Wears Creek Channel upon Parcel H-3 as depicted on Exhibit A. City shall by contract obtain State's consent to execute a relinquishment of its interest in the existing (old) Wears Creek Channel upon Parcel H-3 as depicted on Exhibit A. 6. In the event the highway ramp work proceeds as herein contemplated, then City shall coordinate with Buyer the design of said ramp so as to facilitate ingress to and egress from St. Mary' s Health Center but only to the extent State is willing to reasonably cooperate in said matter. Said input by Buyer shall include not only specifications for the ramp, but also traffic signalization for the intersection of the ramp at Missouri Boulevard. City further agrees to grant to Buyer reasonable curb cuts along any portion of H-3 which is acquired by Buyer so as to 2 Facilitate Buyer's development of said tract. City shall by contract obtain State' s consent to permit reasonable curb cuts along Missouri Boulevard between stations 13 + 14.92 and 15.00 on behalf of Buyer. City will also reasonably approve plans and obtain by contract the State' s commitment to reasonably approve plans, if submitted by Buyer, for the construction of a pedestrian or vehicular bridge across Missouri Boulevard to provide access to and from Buyer's portion of Parcel H-3 and St. Mary' s Health Center, it being understood that any costs of construction of said bridge would be borne by Buyer. Owner and City (for itself and by contract with State) agree that no additional easements, rights-of-way or restrictions will be imposed upon the portion of Parcel H-3 lying west and south of Highway Ramp Area as shown on Exhibit A without just compensation. 7. City shall contract with State to relinquish to Buyer whatever interests it may have in Miller Street and Harrison Avenue, except as noted in Exhibit B and as contained within the right of way of Missouri Boulevard. Buyer agrees that the portion of Miller Street marked on Exhibit B as right-of-way may be retained by State and Buyer agrees to release the portion of Parcel H-1 shown on Exhibit B as right-of-way. 8. Buyer may exercise the option herein contained in written notice directed to Owner with copies thereof to City. Buyer may elect to close on the purchase of all or any portion of Parcel H-3 excluding the Highway Ramp Area at any time. Closing to occur within sixty ( 60) days following written notice of Buyer' s exercise of said option. As to the remainder of Parcel H-3, Buyer may exercise its purchase option at any time within the option term provided that City has given notice to Buyer of abandonment of plans to construct the highway exit ramp or have so modified said plans as to decrease area of the proposed Highway Ramp Area and provided further the City or Owner have reacquired said Highway Ramp Area or portion thereof which reacquisition City and Owner agree to pursue in good faith. 9. City agrees to vacate and convey by quit claim deed to Buyer the portions of the east-west alley running through Parcel H-3 which are purchased by Buyer. City shall by contract obtain State' s consent to relinquish any interest it may have in the vacated alley. Said conveyances shall be given concurrently with Buyer' s closing of the purchase of portions of Parcel H-3 pursuant to this Option Contract. 10. Except as herein modified by this Option Contract and the Amendment to Real Estate Sale Contract of even date herewith, the Contract between Owner and Buyer shall remain in full force and effect and provisions thereof relating to, among other matters, closing, Owner's covenants and closing adjustment shall ® be applicable to the purchase of all or any portion of Parcel H-3 3 pursuant to this Option Contract. 11. Buyer shall have the right to cause a memorandum of this Option Contract to be recorded in the Cole County Recorder of Deeds records. 4 • 1 IN WITNESS WHEREOF, the parties have executed this Option Contract as of this day of 1987. OWNER: HOUSING AUTHORITY OF THE CITY OF JEFFERSON, MISSOURI Corporate Seal Title: Vice Chairman Attest: Secretary BUYER: SSM HEALTH CARE d/b/a St. Marys Health Center, Jefferson City, MO Corporate Seal By: . Title. rest n Auk AtteCst:f� �7 . As r Secretary CITY: Corporate Seal ` By: Titl Attest: r+ •o� l 5 STATE OF MISSOURI ) : ss. COUNTY OF COLE ) On this #Jh day of December, 1987, before me appeared L. W. Hatcher, to me personally known, who, being by me duly sworn, did say that he is the Vice Chairman of HOUSING AUTHORITY OF THE CITY OF JEFFERSON, MISSOURI, a corporation of the State of Missouri, and that the seal affixed to the foregoing instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation, by authority of its Board of Directors; and said L. W. Hatcher acknowledged 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. aula S. Case N PUBLIC For the County of Callaway, adjoining Cole. My Term Expires: 7-26-88 6 STATE OF MISSOURI ss. COUNTY OF ST. LOUIS On thi � day of December, 1987, before me appeared UIN , to me personally kr)pwn, who, being by me d swor did say that she is the of SSM HEALTH CARE, a not-for-profit corporation of the State of Missouri, and that the seal affixed to the foregoing instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said Qrpor ion by authority of its Board of Directors; and said Ff�I acknowledged said instrument to be the fteO 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. Notary Pub is My term -expires: /41/2/ 1) JUNE L. PiCKETT NOTARY PUBLIC, STATE OF MISSOURI MY COMMISSION EXPIRES 12118/90 ST. LOUIS COUNTY. Alk -7- rld ' Sep _ kv J + 14ft y Q) So Ll IA "oo'oVs. • tmo M. av kLj In o rkh" no's am �AIeV� Q�ni I+.VQ�