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Home My Public Portal AboutORD08134 t J �I S1 BILL NO.. C1 i , r INTRODUCED BY COUNCILMAN t , I ORDINANCE NO. F ;r AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE IMAYOR AND THE CLERK OF THE CITY TO EXECUTE A WRITTEN AGREEMENT WITH D & E REALTY AND INVESTMENT COMPANY, PROVIDING FOR THE SALE OF THE ELEVATOR SERVING THE CITY HALL BUILDING AND THE BUILDING OF THE D & E REALTY AND INVESTMENT COMPANY, WHICH ADJOIN EACH OTHER, UPON ;CERTAIN CONDITIONS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: li Section 1. The Mayor and the Clerk of the City are hereby I� lauthorized and directed to execute a written agreement with D & E Realty and Investment zent , providing for the sale of the elevator serving the Cl Building and the Building of the D & E Realty and Inves ompany, which adjoin each other, upon ,certain conditions. I Section 2. Said agreement shall read in words and figures as (follows: If I i 4 1. �I F j: } AGREEMENT and CONVEYANCE of ELEVATOR OEM mmxzw� Mang,THIS AGREEMENT and CONVEYANCE hereby made and entered into by and between D & E Realty and Investment Company, a corpora- tion, of Cole County, Missouri, as Party of the First Part, and the City of Jefferson, Missouri, a municipal corporation, of Cole County, Missouri, Party of the Second Part, WITNESSETH: WHEREAS, the parties hereto executed a written instrument on August 23, 1960, entitled "Agreement and Grant of Reciprocal Easements", a copy of which is attached hereto, marked Appendix "A" and incorporated by reference herein as fully as if set AWN forth verbatim herein; and WHEREAS, the parties hereto executed a second written instrument dated November 21, 1961, entitled "Amendment of Agreement and Grant of Reciprocal Easements01, a copy of which is attached hereto, markad Appendix "B" and incorporated by reference herein as fully as if set forth verbatim herein, which amended the provisions on page 3 of the written instrument executed August 23, 1960, that provided the manner in which the cost of the maintenance and repair of an elevator and elevator shaft, serving the buildings of each party hereto that adjoin each other, would be shared and paid for by the parties hereto; and WHEREAS, the First Party is in arrears in its payment to the Second Party for its share of the cost of maintaining and repairing the elevator and elevator shaft, under the terms of the aforementioned agreements, marked Appendices "A" and "R" and attached hereto; and WHEREAS, in consideration of the cancellation by the Second Party of all monies presently owing to it by the Party of the First Part for the maintenance and repair of said elevator and elevator shaft, and in further consideration of the release by the Party of the Second Part of the Party of the First Part from any obligation to pay any further part of the cost of maintaining and repairing said elevator and elevator shaft under the terms of the agreements mentioned above, the X f Party of the First Part is willing to sell, transfer and convey its undivided one-half interest in the elevator and elevator ,e �1x ' shaft, and all accessories and appurtenances thereto to the Party of the Second Part, under certain express conditions, which are agreeable and acceptable to the Party of the Second Part, NOW THEREFORE 1. The Party of the First Part does hereby and now sell., transfer and convey all of its undivided right, title and interest in the elevator and elevator shaft, including all. of the accessories, parts and appurtenances thereto, mentioned in the agreements marked Appendices "A" and "B" and attached . hereto, to the Party of the Second Part, 2. The Party of the First Part reserves to itself, its successors, grantees and assigns all easements granted to it by the Party of the Second Part for the benefit of the Party of the First Part, its tenants, licensees, invitees, patrons, customers and members of the public for the purpose of entering or leaving the building of the Party of the First Part, as more. specifically set forth and described in Appendix "A" hereto. 3. The Party of the Second Part does hereby release the Party of the First Part from any and all obligations to pay the Party of the Second Part any share of the cost of maintain- ing and repairing said elevator and elevator shaft to the date of this Agreement, and further does hereby release the Party of the First Part from any obligation or legal responsibility to pay any part of the future cost of maintaining, repairing or operating said elevator and shaft. 4. The Party of the First Part and the Party of the Second Part hereby ratify and reaffirm the reciprocal easements granted, sold, transferred and conveyed between them., as pro- vided in Appendix "A", and do hereby expressly acknowledge and agree that all of said reciprocal easements shall remain in full force and effect, undiminished and unaffected in any way by the execution of this Agreement. 2 - 5.. It is hereby specifically agreed that under the terms of this agreement Party of the lst Part shall (among other things) continue to have the right to unrestricted use of above mentioned elevator, to the same extent as set out in Appendix "A" and "B" hereof. IN WITNESS WHEREOF, the said Party of the First Part has caused these presents to be signed by its president and attested by the secretary and its corporate seal to be hereto affixed the day and year first above written. ALSO IN WITNESS WHEREOF, the said Party of the Second Part has caused these presents to be signed by its Mayor and attested by its Clerk and its corporate seal to be hereto affixed the day and year first above written. D & E REALTY & INVESTMENT COM1''ANY President ATTEST Secretary CITY OF JEFFERSON, MISS I BY Mayor ATTEST Cit Cleric STATE OF MISSOURI ) Ss COUNTY OF COLE ) On this A day of March, 1969, before me personally . HERMAN to me personally known who, bein b Y a PP eared DAVID S me duly sworn, did say that he is President of D & E Realty and Investment Company, that the seal affixed to this instrument is the corporate seal of said corporation, and that the said instru- ment was signed and sealed in behalf of said corporation by authority of its Board of Directors. And the said DAVID N. HERMAN 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, at my office in Jefferson City, the day, and year first above written. My commission expires M_y Commlrston�Ex�ires April 12,199Q �7 ti Notary Public AdMft STATE OF MISSOURI SS kJ, COUNTY OF COLE On this a!tM day of March, 1969, before me personally appeared John G. Christy, to me being personally known, who, being by me, duly sworn, did say that he is the Mayor of the City of Jefferson, Missouri, that the seal affixed to this instrument is the corporate seal of said municipal corporation, and that the said instrument was signed and sealed in behalf of said municipal corporation by authority of its City Council. i And the said John G. Christy acknowledges this 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 at my office in Jefferson City, the : day and year first above written. r` My commission expires My Commission Expires April 12, 1969 t, ri Notary Public s; r �lv 5 S 5 . i t r ft. 1 Section 3. This ordinance shall take effect and be in force from and after its passage and approval. PASSED APPROVED oC =3Z 2 hog ti r-- ti r ; President of thel0ouncil mayor Attest: City Clerk Fd - R" RF' } Its .s. .{