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
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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
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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
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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.
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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
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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
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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.
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