HomeMy Public PortalAboutORD09115 I�
Ed t
;AMENDED BILL NO. 144 j
(;INTRODUCED BY COUNCILMAN ROBINSON.
Ij ORDINANCE NO.
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IAN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING AND
DIRECTING THE MAYOR AND CITY CLERK TO ENTER INTO AN AGREEMENT
IWITH THE JEFFERSON CITY AREA CHAMBER OF COMMERCE WHEREBY THE
IjJEFFERSON CITY AREA CHAMBER OF COMMERCE WILL ASSIGN TO THE CITY
�,OF JEFFERSON CERTAIN OPTIONS HELD BY IT FOR THE PURCHASE OF
jICERTAIN LAND IN COLE COUNTY, MISSOURI, TO ENABLE THE CITY TO
(IPURCHASE SAID LAND TO ASSURE THE AVAILABILITY THEREOF FOR FUTURE
11NDUSTRIAL DEVELOPMENT; AND FURTHER AUTHORIZING THE CITY TO SELL
'SALD PROPERTY PURCHASED BY IT BY CONTRACT TO THE JEFFERSON CITY
IAREA CHAMBER OF COMMERCE; AND FURTHER AUTHORIZING AND DIRECTING
THE MAYOR AND CITY CLERK TO EXECUTE THE PROPER DOCUMENTS TO
EXERCISE SAID OPTIONS, PURCHASE CERTAIN LANDS HEREINAFTER DESCRIBED,
AND SELL SAID LANDS BY CONTRACT TO THE JEFFERSON CITY AREA CHAMBER
OF COMMERCE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON,
( MISSOURI, AS FOLLOWS:
�I Section 1. The Mayor and Clerk of the City of Jefferson are
'hereby authorized and directed, for and in the name of the City,
Ito enter into an Agreement with the Jefferson City Area Chamber
of Commerce wherein the Jefferson City Area Chamber of Commerce
will assign to the City of Jefferson its Options for the purchase
of certain land in Cole County, Missouri, said land to be purchased
by the City to assure the availability thereof for future industrial
® development, a copy of said Agreement being attached hereto and
by reference made a part hereof marked "Exhibit A" .
Section 2. The Mayor and Clerk of the City of Jefferson are
further authorized and directed to execute the proper documents
to exercise the Option to Purchase Real Estate entered into
between Adolph E. Walther and Johanna Walther, his wife, and
�efferson City Area Chamber of Commerce dated July 23 , 1977, and
to purchase said land therein described located in Cole County,
1
issouri, to wit :
' A art of Private Survey No. 2596 , and a
P y part of Private
�j Survey No. 2906, and also a part of the Northeast quarter of
fthe Southwest quarter of Section 24 , Township 44 , Range 11,
more particularly described as follows :
Beginning at the southwest corner of the tract of land
that Thomas Walther willed to his three sons, namely: John,
George and Adam Walther, as shown by Will and Plat of record
in Book 13, pages 140, 141 and 142, Cole County Recorder 's
Office; thence from said point of beginning, North 65 degrees
east (Magnetic) 1685 links, to John Brenners land; thence
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North 6 1/2 degrees west along and with said Brenners land,
1040 links; thence North 8 1/4 degrees west, 1750 links , to
�! the southerly line of the Missouri Pacific Railway right-of-
way land; thence leaving Brenncrs land, North 74 1/2 degrees
west, along and with said railway land, 1550 links; thence
South 5 degrees east, 39 chains , to the point of beginning; i
containing 52 . 57 acres.
ALSO:
Part of Private Survey No. 2906 and part of the Northeast
quarter of the Southwest quarter of Section 24 , all in
Township 44 , Range 11, containing 12 . 9 acres , more or less,
and described more particularly as follows :
Beginning at the northwest corner of the Northeast
quarter of the Southwest quarter of Section 24 , Township 44 ,
Range 11; thence south along the quarter quarter section
line, 20. 62 chains, to the southwest corner of said quarter
quarter; thence North 65 degrees 41 minutes east, 4 . 77
chains; thence North 5 degrees west, 22 chains; thence South
79 degrees 23 minutes west, 14. 36 chains; thence South 6
degrees 45 minutes east, 2 . 5 chains, to the quarter section
line; thence along the quarter section line, North 79 de-
grees 23 minutes east, 9 .66 chains, to the point of beginning.
Bearings are Magnetic. Variation North 7 degrees 30
minutes east,
a copy of said Option to Purchase Real Estate being attached
hereto and by reference made a part hereof marked "Exhibit B" .
Section 3. The Mayor and Clerk of the City of Jefferson are
further authorized and directed to execute the proper documents
to exercise the Option to Purchase Real Estate entered into
between A. Adelle Brenner, a single person, and Jefferson City
Area Chamber of Commerce dated July 23 , 1977 , and to purchase
said land therein described located in Cole County, Misouri, to
Iwit:
Part of Private Survey No. 2906 , Township 44 North,
Range 11 West, Cole County, Missouri, more particularly de-
scribed as follows :
From the northeast corner of the Northwest quarter of
the Southwest quarter of Section 24, Township 44 North,
Range 11 West, said point being on the south line of said
Private Survey No. 2906; thence South 84 degrees 51 minutes
25 seconds west, along the south line of Private Survey No.
2906, 614. 84 feet; thence North 1 degree 15 minutes 09
seconds east, 165. 92 feet to the beginning point of this
description; thence continuing North 1 degree 15 minutes 09
seconds east, 1717. 81 feet to the southerly line of the
Missouri Pacific Railroad; thence southeasterly along the
southerly line of said Railroad, on a curve to the left,
having a radius of 2733.82 feet, a distance of 732. 43 feet;
thence southeasterly along said southerly line, on a spiral
curve to the left, a distance of 107. 66 feet; thence South
68 degrees 18 minutes 23 seconds east, along the southerly
line of the Railroad, 212 . 65 feet; thence South 1. degree 23
minutes 18 seconds west, 1143.44 feet; thence South 84
degrees 50 minutes 33 seconds west, 940.16 feet to the point
• of beginning.
Containing in all, 30.053 acres.
Bearings are Magnetic,
a copy of said Option to Purchase Real Estate being attached
hereto and by reference made a part hereof marked "Exhibit C" . i
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Section 4 . The Mayor and Clerk of the City of Jefferson are
® further authorized and directed to execute the proper documents
to exercise the Option to Purchase Real Estate entered into
between James B. Files, a single person, and Jefferson City Area
Chamber of Commerce dated July 23, 1977 , and to purchase said land
therein described located in Cole County, Missouri, to wit:
Part of the Northwest Quarter of the Southwest Quarter of
Section 24, Township 44 N, Range 11 W, in the County of Cole,
Missouri, more particularly described as follows:
Beginning at the northeast corner of the Northwest
Quarter of the Southwest Quarter of said Section 24; thence
S 00 13 ' 07" W, along the Quarter Quarter Section Line, 600.00
feet; thence S 840 51 ' 25" W, 600. 00 feet; thence N 00 13 '
07" E, 600.00 feet to the Quarter Section Line; thence N 840
51 ' 25" E, along the Quarter Section Line, 600.00 feet to the
point of beginning.
Containing in all, 8. 228 acres. Bearings are Magnetic,
a copy of said Option to Purchase Real Estate being attached
ereto and by reference made a part hereof marked "Exhibit D" .
Section 5. This Ordinance shall be in full force and effect
from and after its passage and approval.
Pa 4Ap��ovj2 _0I
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e i ent o e ounce M a'
ttest
® City Clerk
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AC,VI;NMENT
'IIIS AGRE,EHENT, made and r:ntorecl into this �� day of
.1978 , by and het,.-icon t.hi� Jefferson City
Area Chamber of Commerce , hereinafter ruforred to as Chamber
and the City of Jefferson , hereinafter rcfoY:r.c!d to as City .
WITNESSETH :
WHEREAS , tlt ! Chamber has secured options on certain land
in Cole County , Missouri , which it ciosires to be. developed into
an industrial area ; and
WHEREAS , at this time the Ciiamt;er does not have the money
av, : able to purchase such land; and
® i;IIEREAS , the City is wi llinq to use city funds to make such
purchase to assure the availability of land for future industrial
prospects .
NOW, TIIL•'fZEFORL•; , it is agreed as follows :
1 . The Chamber:' will assign its upt:ions to the City.
2 . The City will purchaso L 4-he property and hold title
in its name until such time as the Chamber is financially able
to purchase -the land from the City, which in no -E-vent shall
be later than .[our (4) years after the. (late of this agreement.
3 . Fr.(,-)m the time of purchase 1hy the City until the purchase
by the Chamber front the City, the Chamber will have the use and
control of the land. It is agre(:.�d that the Chamber may rent the
land out for agricultural pur.poso , and colJoct rent for its use.
In return the Chamhor will pay to the City interest on the City ' s
expenditure at the rate of G. 25% per annum until it purchases
the land from the City, such intcrost to be. Laid at. time of
purchase. During the period prior to the purchase of the land,
while the Chamber controls such land, it will carry liability.
insurance protecting the City from any liability arising out
of the use and occupancy of the p-,7oport:y.
4 . In order to assure performance by the Chamber of its
obligation to purchase the property as herein provided , it is
agreed that this agreement shall , in addition to its other pro-
visions , constitute a pledge of the property of the Chamber
located on Industrial Drive in Jefferson City , Cole County ,
Missouri , subject to the existing .first mortgage thereon, said
property being described as follows :
About 7. 46 acres of unplatted land along the south
side of Industrial Drive, in said City , having a frontage
thereon of about five hundred feet , and extending south-
ward to a depth of about five hundred fifty-six feet
along the east line thereof, a more accurate description
of which is believed to be as follows :
A part of the Southwest quarter of the Southwest
quarter of Section 1, Township 44 , Range 12 , and also a
part of the Northwest quarter of Northwest quarter of
Section 12, Township 44 , Range 12, containing 7 . 46 acres ,
more or less , and more particularly described as follows :
From the Southwest corner of Section 1 , Township 44 ,
Range 12, thence along the section line north 86 degrees
and 30 minutes east , 888 feet , more or less , to the
beginning point of this description. Thence south 5 degrees
and fifteen minutes east , 505 feet , more or less , to the
center line of the creek. Thence along said center line
south 29 degrees east , 54 feet ; thence south 76 degrees
and 30 minutes east , 117 feet ; thence north 86 degrees
and 30 minutes east , 164 feet ; thence south 71 degrees
and 30 minutes east , 122 feet ; thence north 74 degrees
east , 77 . 5 feet to the quarter quarter line . Thence
along the quarter quarter line north 5 degrees and 15
minutes east , 658. 7 feet , more or less , to the south right-
of-way of Indu-Itrial Drive . Thence along the said right-
of-way north 8'�) degrees and fifteen minutes west , 1112. 3
feet ; thence north 78 degrees west , 170 . 5 feet . Thence
south 54 degrees and 15 minutes west , 214 . 2 feet ' to the
® point of beginning , together with an easement for drive-
way purposes from the westerly side of said premises
westward to the Dix Road.
Less the portion of the foregoing property heretofore
conveyed to the State of Missouri for highway purposes . The
property more commonly described as 1723 Industrial Drive ,
Jefferson City, Missouri.
5. It is understood that the City and the Chamber are
acting for the Interests of the industrial development of the
City , and that the land which is the subject of this agreement
is some of the little remaining land in the Jefferson City area
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which is on the MoPao Railroad rind is for industrial
development, and that the City ' s agroomcnt, as set out herein ,
it based upon the dosixe of the city of:f:ic.iul.s La encourage
the developmcnt of industry as a mean: of assuring the continued
growth and prosperity of the City.
IN WITNFS:3 WIIERMF , the parties h;:vc hrrounto set their
hands they day and year first above: written .
JEP'FLRS014 ("TTY AREA
UMBER OF COMMERCE
I3
Ty O ' IFI% ,PSON
By
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OPTION 1110 PURCIII .Sh 1113AL, ESTATE
T112S AGRE.EMI:NT made this � J� day of
1977 , by and between Adolph E. Walther. and Johan a Walther, his
wife, hereinafter called Sellers, and Jefferson City Area Chamber
of Commerce , a corporation, hereinafter called Buyer:
For and in consideration of Two Ilundred Dollars ($200. 00) , the
receipt of which is hereby acknowledged, Sellers hereby give and
grant to Buyer an exclusive and irrevocable option to purchase
for ,%�•�u ��.r .. �.��' 4 �.� ` . ,j ,_�^` ... •- _ — Dollars,
per acre, subject to the terms and conditions herein
set forth, a tract of land with all improvements thereon lying in
® Liberty Township , County of Cole, and State of Missouri. Said
land, hereinafter called the "Premises" , is more particularly
described as follows:
All that part of the following described property which
is South of the Missouri Pacific Railroad tracks:
Dart of Private Survey No. 2906 , Township 44 , Range
11, described more particularly as follows : From the north-
west corner of the northeast quarter of the southwest
quarter of Section 24 , Township 44 , Range 11; thence North
'79 degrees 23 minutes East, 4 . 7 chains to the east line
of Private Survey No. 2906; thence North 5 degrees West
along the east line of Private Survey No. 2906 , 2 .5 chains,
to the beginning point of this description; thence North
5 degrees West along the east line of Private Survey No.
2906 , 36 . 44 chains; thence South 85 degrees West, 15. 6
chains ; thence South 6 degrees 45 minutes East, 37. 96
chains to a point which stands 2 . 5 chains, north of the
north line of the southwest quarter of Section 24 , Township
44, Range 11; thence North 79 degrees 23 minutes East,
14. 36 chains to the place of beginning. (Excepting 5.1 acres,
included in the Missouri Pacific Railroad Right-of-way
and the County road. ) Containing 51. 6 acres, more or less
Bearings are magnetic. Variation North 7 degrees 30
minutes East.
including all right, title and interest of Sellers in and to any
land lying between the boundary line (s) of the Premises and the
right (s) -of-way line (s) of any public way, County, State or
Federal Highway in front of or adjoining the Premises.
Oti or before November 1 , 1977 , Buyer may exercise this Option
by mailing or delivering to Sellers a copy of this instrument
Aft signed on behalf of Buyer, and such exercise shall be deemed
valid and effective upon such mailing.
EXHIBIT B
® Upon the exercise of this option by Buyer, this instrument
and all the provisions hereof shall constitute the contract of
Sellers to sell and the contract of Buyer to buy the Premises
in accordance with and subject to the following provisions and
conditions:
1. The sum paid as consideration for the option herein
shall be considered part of the purchase price.
2. Sellers shall convey to Buyer, or its nominee, a good,
marketable, unencumbered and unrestricted fee simple title to
the Premises, free of all liens, leases, assessments and encum-
brances (except current real estate taxes) , by deed of general
warranty with the usual covenants.
3 . Buyer 's obligation to purchase is contingent upbn the
Premises being free of restriction against and zoned for Buyer's
intended use and on Buyer ' s being able to obtain any and all
permits from governmental authorities and - neighbors so as to
construct according to Buyer ' s plans and specifications, main-
tain and carry on its intended operation thereon, which permits
as to location and -size of driveways, building (s) , signs, etc. ,
must be satisfactory to Buyer in its sole discretion. In the
event Buyer is unable to obtain any or all of said permits
® because of the zoning classification of the Premises or because
!� of the necessity to obtain a variance from said zoning classifi-
cation, it shall be Sellers ' obligation at Sellers ' cost and
expense to take the action necessary to obtain such variance ;
or to change the zoning classification of said Premises to a
classification under which Buyer may obtain all of said permits. '
4 . Upon Buyer ' s exercise of its option to purchase the
Promises, Sellers shall promptly obtain and deliver to Buyer an
accurate, current, certified survey of the Premises and a prelim-
inary title report prepared by a title company approved by Buyer.
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r shall within ten (10) clays after the receipt of such pre-
1 i,, . .I.Ary title: report advise Sellers in writing as to whether
the condition of the title is satisfactory to it. As to any
objections to such title which Buyer may have, and of which
noticli shall have been given to Sellers, the latter shall have
thirty (30) days in which to correct such title.
5. In the event the preliminary title report shows the
conditions of the title to be unacceptable, or if the title
cannot be corrected to Buyer 's satisfaction, or if the restrictions
of record or the zoning for such property shall be unsatisfactory
to Buyer, Buyer may, at its election, rescind its exercise of the
® option granted herein whereupon Sellers shall return all monies
theretofore received from Buyer and Buyer shall have no"further
liability hereunder.
6. If , prior to closing, eminent domain proceedings have
been instituted or threatened whereby all or any part of the
Premises has been or would be taken for public purposes, Buyer,
at its option, may declare this instrument null and void, whereupon
Sellers shall forthwith pay to Beyer the amount expended by
Buyer for the survey of the Premises . However, if Buyer elects
to close the purchase, Sellers shall assign, transfer and set over
to Buyer all of Sellers ' right, title and interest in and to any
award that has been or will be made as a result of such proceeding
or threat of same.
7. If pursuant hereto, Buyer cancels and makes this instru-
ment null and void, Sellers shall return all monies theretofore
received from Buyer and the Seller and Buyer shall thereupon be
relieved and discharged of all further liability hereunder.
8 . If the Buyer exercises the option granted herein and
thereafter refuses to conclude the sale of the terms(set forth,
Sellers may retain , as Sellers ' exclusive remedy at law or in
equity, all monies theretofore received from Buyer as and for
liquidated damages for the non-performance of this agreement.
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® 9 . At closing, Sellers, upon Buyer tendering the amount
payable, shall deliver to Buyer the following:
(a) A General Warranty Deed , in a form approved by
counsel for Buyer , conveying to Buyer the Premises free
:nd clear of all liens and encumbrances, except current
Laxes and except such other liens and encumbrances as may
be expressly waived by Buyer;
(b) An Owner's Title Insurance Policy in the amount of
-the purchase price;
(c) A certification and documentation in a form
approved by counsel for Buyer that the Premises are zoned
for Industrial use and may be used for purposes for which
Buyer is purchasing Premises.
10. Current real estate taxes , utility charges, and rents
as and when collected shall be pro-rated as of the date of closing.
Assessment installments which are due and payable at time of
closing and all assessments which are known at time of closing
but which are payable in future installments shall be paid and
discharged by Sellers at time of closing.
11. During the option period or any extension thereof
Buyer, its agents, employees and designees may go upon the
® Premises for inspection, soil tests and other appropriate pur-
poses.
12 . Possession of said Premises is to be given to Buyer
at the time of closing free of all leases, tenancies, and
occupancies .
13 . Buyer shall not be obligated for the payment of any
commissions arising out of or pertaining to the execution of
this agreement, the exercise of the option, or any subsequent
purchase of the Premises . '
14 . All notices given by each to the other under this
agreement, including notice by Buyer of its exercise of the option,
Oshall be addressed to the addresses set forth below:
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® Sellers: Route 3 , Algoa Road
Jefferson City, Missouri 65101
Buyer: 213 Adams Street
Jefferson City, Missouri 65101
15. The provisions hereof shall inure to the benefit of and
be binding upon the parties hereto and their respective heirs,
legal representatives , successors and assigns. All rights of
Buyer may be assigned without restriction and without Sellers ,
consent.
16 . Buyer may assign this agreement to a prospective indus-
tri . •iser.
4 TESTIMONY WHEREOF , witness our signatures the day and
year first above written.
JEFFERSON CITY AREA CHAMBER
OF COMMERCE
Y IiDL
Buyer. Sellers
Sellers
The proposition herein described is hereby accepted and the
option to purchase is hereby exercised this �� S� day of
(� CZc 1977.
Attest: JEFFERSON CITY AREA CHAMBER OF COMMERCE.'
000
By
Buyer
EXTENTION OF OPTION TO PU CfIA$E REAL ESTATE
For value received the undersigned do hereby extend the
date upon which the foregoing option may be exercised by the
Jefferson City Area Chamber of Commerce from November 1, 19771
to December 31, 1977.
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OPTION TO PURCHASE REAL ESTATE
r
THIS AGREEMENT made this day of
r
19770 by and between A. Adelle Brenner , a singl� perion, herein-
after called Seller, and Jefferson City Area Chamber of Commerce,
a corporation, hereinafter called Buyer :
For and in consideration of Two Hundred Dollars ($200. 00) , the
receipt of which is hereby acknowledged, Seller hereby gives and
grants to Buyer an exclusive and irrevocable option to purchase
for t C ��( • a r/' r ,r" , l f �f_-'-. . . ...-'-----DoIlara
per acre, subject to the terms and conditions herein set
forth, a tract of land with all improvements thereon lying in
Liberty Township, County of Cole, and State of Missouri. Said ,
land, hereinafter called the "Premises" , is more particularly
described in Exhibit A attached hereto, including all right,
title and interest of Seller in and to any land lying between
the boundary line (s) of the Premises and the rights)-of-way
line (s) of any public way, County, State or Federal Highway -in
,;
front of or adjoining the Premises.
On or before November 1, 1977, Buyer may exercise this option
by fling or delivering to Seller a copy of this instrument
signed on behalf of Buyer, and such exercise shall be deemed
® valid and effective upon such mailing. r
Upon the exercise of this Option by Buyer, this instrument
and all the provisions hereof shall constitute the contract of
Seller to sell and the contract of Buyer to buy the Prafnises
in accordance with and subject to the following provisions . and
conditions:
1 . —The sum paid as consideration for the option herein
shall be considered part of the purchase price.
2 . Seller shall convey to Buyer, or its nominee, 'a good;
marketable, unencumbered and unrestricted .,tee simple title to > '
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EXHIBIT,• Gi :.
.1 ".iV'a';;�, VVV. (( ---iii{{{{117''� .r.•
thc )remises , free of all liens , leases, assessments and encum-
brances (except current real estate taxes) , by deed of general
warranty with the usual covenants.
3 . Buyer ' s obligation to purchase is contingent upon the
Premises being free of restriction against and zoned for Buyer's
intended use and on Buyer ' s being able to obtain any and all
permits from governmental authorities and neighbors so as to
construct according to Buyer 's plans and specifications, main-
tain and carry on its intended operation thereon, which permits
as. to location and size of driveways , building (s) , signs, etc. ,
must be satisfactory to Buyer in its sole discretion. In the
event Buyer is unable to obtain any or all of said permits
because of the zoning classification of the Premises or ±b. ecause
of the necessity to obtain a variance from said zoning classifi-
cation, it shall be Seller ' s obligation at Seller' s cost and
expense to take the action necessary to obtain such variance
or to change the zoning classification of said Premises to a
classification under which Buyer may obtain all of said permits.
4 . Upon Buyer ' s exercise of its option to purchase the
Premises, Seller shall promptly obtain and deliver to Buyer an
accurate, current, certified survey of the Premises and a prelim-
inary title report prepared by a title company approved by Buyer.
Buyer shall within ten (10) days after the receipt of such pre-
liminary title report advise Seller in writing as to whether
t?-: -ondition of the title is satisfactory to it. As to any
ou_*Iuc:tions to such title which Buyer may have, and of which
notice shall have been given to Seller , the latter shall have
thirty (30) days in which to correct such title.
5. In the event the preliminary title report shows the
conditions of the title to be unacceptable, .or if the title
cannot be corrected to Buyer' s satisfaction, or if the restrictions
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® of record or the zoning for such property shall be unsatisfactory
to Buyer. , Buyer may, at its election, rescind its exercise of the
option granted herein whereupon Seller shall return all monies
theretofore received from Buyer and Buyer shall have no further
liability hereunder.
6 . If , prior to closing , eminent domain proceedings have
been instituted or threatened whereby all or any part of the
Premises has been or would be taken for public purposes, Buyer,
at its option, may declare this instrument null and void, whereupon
Seller shall forthwith pay to Buyer the amount expended by
Buyer for the survey of the Premises . However, if Buyer elects
to close the purchase , Seller shall assign, transfer and set over
to Buyer all of Seller' s right, title and interest in avid to any
award that has been or will be made as a result of such proceeding
or threat of same.
7 . If pursuant. hereto, Buyer cancels and makes this instru-
ment null and void, Seller shall return all monies theretofore
received from Buyer and the Seller and Buyer shall thereupon be
relieved and discharged of all further liability hereunder.
8 . If the Buyer exercises the option granted herein and
thereafter refuses to conclude the sale of the terms set forth,
® Seller may retain, as Seller' s exclusive remedy at law or in
equity, all monies theretofore received from Buyer as and for
liquidated damages for the non-performance of this agreement.
9 . . At closing, Seller, upon Buyer tendering the amount
payable, shall deliver to Buyer the following:
0
(a) A General Warranty Deed, in a form approved by
:counsel for Buyer, conveying to Buyer the Premises free
'id clear of all liens and encumbrances, except current
;axes and except such other liens and encumbrances as may
be expressly waived by Buyer =
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(b) An owner ' s Title Insurance Policy in the amount of
the purchase price;
(c) A certification and documentation in a form
approved by counsel for Buyer that the Premises are zoned
for Industrial use and may be used for purposes for which
Buyer is purchasing Premises.
10. Current real estate taxes, utility charges, and rents
as and when collected shall be pro-rated as of the date of closing.
Assessment installments which are due and payable at time of
closing and all assessments which are known at time of closing
but which are payable in future installments shall be paid and
discharged by Seller at time of closing.
11 . During the option period or any extension therdof
Buyt.:r , its agents, employees and designees may go upon the
Premises for inspection, soil tests and other appropriate pur-
poses.
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12 . Possession of said Premises is to be given to Buyer
at the time of closing free of all leases , tenancies, and
occupancies .
13 . Buyer shall not be obligated for the payment of any
commissions arising out of or pertaining to the execution of
® this agreement, the exercise of the option, or any subsequent
purchase of the Premises.
14 . All notices given by each to the other under this
agreement, including notice by Buyer of its exercise of the option,
shall be addressed to the addresses set forth below:
Seller: Route 3, Algoa' Road
Jefferson City, Missouri 65101
Buyer: 213 Adams Street
Jefferson City, Missouri 65101
15. The provisions hereof shall inure to the benefit of and
be binding upon the parties hereto and their respective heirs,
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legal representatives, successors and assigns . All rights of
Buyer may be a;-.signed without restriction and without Seller 's
Consent.
1.6 . Buyer may assign this agreement to a prospective indus-
trial user.
IN TESTIMONY WHEREOF , witness our signatures the day and
year first above written.
JEFFERSON CITY AREA CHAMBER
OF COMMERCE
Buye _ Seller
Tile proposition herein described is hereby accepted and the
option to purchase is hereby exercised this -3/ day of
1977.
Attest: JEFFERSON CITY AREA CHAMBER OF COMMERCE
Bu
EXTENTION OF OPTION TO P CHASE REAL ESTATE
For value received the undersigned does hereby extend the
date upon which the foregoing option may be exercised by the
Jefferson City Area Chamber of Commerce from November 1, 1977
to December 31, 1977.
UA71 ��
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lip pal : !' Private Survey No. 2596 and ,1 part of private Survey
t4o.. 2906 •i also a Dart. of thr. Nor•fhear,t quarter of tho Southwest quarter
of Section 4 , all in Township 44 , Range 11 and more particularly de-
:,c:ribed as follow:; :
Bog i11 ninr.l at, tho f;(111thwo"t cot'I1�`r of the` Lr,iot or 1 ,1nd thaL Thomas
t:'ll t.hor Wi l lud to 111 !; t hrvO !)MIS, 110111 Tly : 'Irlllll, (ieol-fle and Adam Walthur ,
11:1 :shown by 41i 11 and Plat: a;; in toed of rvcord in Book 13 at pages
0141 and 142 , cc)iv county itccor-(101 ' thellev from said point
, 11)cginning , runnincl North 6`i detjroos e.*1sL (Pta(•inetic) 1685 links , to John
!:rcnners land; thcnco North 6t, dogroes wvsL , alonti and with said Brenner.s
land , 1040 links; t hl-nco North N'; doorces wc�:;t , 1.750 links to the southerly
line of tho Missouri P,lr.i. fic Railway right.-or-way land ; thence leaving
►'•renners land and r.'unnincl North 741, dc�grres WVSt , alOntl and with said
: ;li lway .land, 1550 links ; Lhence .youth 5 dayrues cast 39 chains to the
I,r)int of beginning; containing 52 . 57 acres .
ALSO:
Part of Private. Survey No. 2906 and part of the Northeast quarter
f the Southwest (Iuart•e_r of Section 24 , all in Township 44 , Range 11 ,
,•� nt.ai.ning 12 . 9 acres, more or less , and described more particularly
,loscribed as follows :
Beginning at the northwest corner of the Northeast quarter of the
;:)ut.hwest quarter of Section 24 , 'Township 44 , Range 11 ; thence south along
..hc, quarter quarter section line , 20 . 62 chains , to the southwest corner
�f said quarter quarter. ; thence North 65 degrees 41 minutes east, 4 . 77
:h:�ins ; thence North 5 degrees wr.st , 22 chains ; thence South 79 degrees
. 3 minutes west , 14 . 36 chains; thence South 6 degrees 45 minutes east ,
' . 5 chains , to the yuart'.�r section line; thence along the quarter section
i W North 79 degrees 23 minutes east, 9. 66 chains , to the point of
nning.
Bearings are Mayne.t-ic. Variation North 7 degrees 30 minutes east.
o
��' •ice r 'tf
OI T10N TO PURCHASE REAL ESTATE'
THIS AGREEMENT made this �_ day of ,
1977 , by and between James B. Files , a single p 4 son, hereinafter
called Seller , and Jefferson City Area Chamber of Commerce, a
corporation, hereinafter called Buyer :
For and in consideration of Two Hundred Dollars ($200. 00) , the
receipt of which is hereby acknowledged, Seller hereby gives and
grants to Buyer an exclusive and irrevocable option to purchase
for 1VVV X dL-e,•,) --- Dollars,
($2S"OO.0e ) per acre, subject to the terms and conditions herein
® set forth, a tract of land with all improvements thereon lying in
Liberty Township, County of Cole, and State of Missouri. Said
land, hereinafter called the "Premises" , is more particularly
described in Exhibit A attached hereto, including all right,
title and interest of Seller in and to any land lying between the
boundary line (s) of the Premises and the right (s) -of-way .line (s)
of any public way, County, State or Federal Highway in front of
or adjoining the Premises .
On or before November 1, 1977 , Buyer may exercise this Option
by mailing or delivering to Seller a copy of this instrument
signed on behalf of Buyer, and such exercise shall be deemed
valid and effective upon such mailing.
Upon the exercise of this Option by Buyer, this instrument
and all the provisions hereof shall constitute the contract of
Seller to sell and the contract of Buyer to buy the Premises
in accordance with and subject to the following provisions and
conditions:
1. The sum paid as consideration for the option herein
shall be considered part of the purchase price.
2 . Seller shall convey to Buyer, or its nominee, a good,
marketable, unencumbered and unrestricted fee simple title to
e
EXHIBIT D
NOW
the Premises , free of all liens, leases, assessments and encum-
brances (except current real estate taxes) , by deed of general
warranty with the usual covenants.
3 . Buyer ' s obligation to purchase is contingent upon the
Premises being free of restriction against and zoned for Buyer' s
intended use and on Buyer ' s being able to obtain any and all
permits from governmental authorities and neighbors so as to
construct according to Buyer 's plans and specifications, main-
tain and carry on its intended operation thereon, which permits
as to location and size of driveways, building (s) , signs, etc. ,
must be satisfactory to Buyer in its sole discretion. In the
event Buyer is unable to obtain any or all of said permits
because of the zoning classification of the Premises or because
of the necessity to obtain a variance from said zoning classifi-
cation, it shall be Seller 's obligation at Seller's cost and
expense to take the action necessary to obtain such variance
or to change the zoning classification of said Premises to a
classification under which Buyer may obtain all of said permits.
4 . Upon Buyer 's exercise of its option to purchase the
Premises, Seller shall promptly obtain and deliver to Buyer an
urn® a prelim-
inary title report prepared by a title company approved by Buyer.
Buyer shall within ten (10) days after the receipt of such pre-
liminary title report advise Seller in writing as to whether
the condition of the title is satisfactory to it. As to any
objections to such title which Buyer may have, and of which
notice shall have been given to Seller , they latter shall have
thirty (30) days in which to correct such title.
5. In the event the preliminary title report shows the
conditions of the title to be unacceptable, or if the title
cannot be corrected to Buyer's satisfaction, or if the restrictions
of record or the zoning for such property shall be unsatisfactory
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to Buyer , Buyer may, at its election, rescind its exercise of the
option granted herein whereupon Seller shall return all monies
theretofore received from Buyer and Buyer shall have no further
liability hereunder.
6 . If , prior to closing, eminent domain proceedings have
been instituted or threatened whereby all or any part of the
Premises has been or would be taken for public purposes, Buyer,
at its option, may declare this instrument null and void, whereupon
Seller shall forthwith pay to Buyer the amount expended by
Buyer for the survey of the Premises. However, if Buyer elects
to close the purchase, Seller shall assign, transfer and set over
to Buyer all of Seller ' s right, title and interest in and to any
award that has been or will be made as a result of such proceeding
or threat of same.
7. If pur.,; ,:Itn-: hereto, Buyer cancels and makes this instru-
ment null and Seller shall return all monies theretofore
received from Luy,-- • and the Seller and Buyer shall thereupon be
relieved and discharged of all further liability hereunder.
8 . If the Buyer exercises the option granted herein and
thereafter refuses to conclude the sale of the terms set forth,
Seller may retain, as Seller' s exclusive remedy at law or in
equity, all monies theretofore received from Buyer as and for
liquidated damages for the non-performance of this agreement.
9. At closing, Seller, upon Buyer tendering the amount
payable, shall deliver to Buyer the following:
(a) A General Warranty Deed, in a form approved by
counsel for Buyer, conveying to Buyer the Premises free
and clear of all liens and encumbrances, except current
taxes and except such other liens and encumbrances as may
be expressly waived by Buyer; '
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(b) An owner 's Title Insurance Policy in the amount of
`:he purchase price;
(c) A certification and documentation in a form
ipproved by counsel for Buyer that the Premises are zoned
for Industrial use and may be used for purposes for which
Buyer is purchasing Premises.
10. Current real estate taxes, utility charges , and rents
as and when collected shall be pro-rated as of the date of closing.
Assessment installments which are due and payable at time of
closing and all assessments which are known at time of closing
but which are payable in future installments shall be paid and
® discharged by Seller at time of closing.
11. During the option period or any extension thereof
Buyer, its agents, employees and designees may go upon the
Premises for inspection, soil tests and other appropriate pur-
poses.
12 . Possession of said Premises is to be given to Buyer
at the time of closing free of all leases, tenancies, and
occupancies .
13 . Buyer shall not be obligated for the payment of any
commissions arising out of or pertaining to the execution Of
® this agreement, the exercise of the option, or any subsequent
purchase of the Premises.
14 . All notices given by each to the other under this
agreement, including notice by Buyer of its exercise of the option,
shall be addressed to the addresses set forth below:
Seller: 1125 Madison Street
Jefferson City, Missouri 65101
Buyer: 213 Adams Street
Jefferson City, Missouri 65101
15. The provisions hereof shall inure to the benefit of and
be binding upon the parties hereto and their respective heirs,
® - 4 -
i
legal representatives , successors and assigns . All rights of
Buyer may be assigned without restriction and without Seller 's
consent.
16. Buyer may assign this agreement to a prospective indus-
trial user.
, 'i TESTIMONY WHEREOF, witness our signatures the day and
ye, It'first above written.
JEFFERSON CITY AREA CHAMBER
OF COMMERCE
y
Buyer -Seller
The proposition herein described is hereby accepted and the
option to purchase is hereby exercised this day of
1977,
Attest: JEFFERSON CITY AREA CHAMBER OF COMMERCE
By
Buyer
EXTENTION OF OPTION TO PURCHASE REAL ESTATE
For value received the undersigned does hereby extend the
date upon which the foregoing option may be exercised by the
Jefferson City Area Chamber of Commerce from November 1, 1977
to December 31, 1977.
- 5 - •
,i
t
J •
CENTRAL MISSOURI PROFESSIONAL SERVICES, INC,
ENGINURING AND SU11VLYING
• TEST DnILLING TEI.EPHOWt Isto 0s4•14ev
7500 EAST MC CA14TY
JEFFERSON CITY, MISSOURI 65101
77•-185
JAMES B. riLES
I, L. V. Brickey, do hereby certify that during the month of August,
1977, I did make a survey regarding part of the Northwest Quarter
of the Southwest Quarter of Section 24 , Township 44 N, Range 11 W,
in the County of Cole, Missouri , more particularly described as
follows:
Beginning at the northeast corner of the Northwest Quarter of the
Southwest Quarter of said Section 24; thence S 00 13 ' 07" W, along
the Quarter Quarter Section Line, 600 .00 feet; thence S 840 51 ' 25"
W, 600.00 feet; thence H 0° 13 ' 07" E, 600.00 feet to the Quarter
Section Line; thence N 840 51 ' 25" E, along the Quarter Section Line,
600.00 feet to the point of beginning.
i' 4ontaining in all, 8 .228 acres. Bearings are magnetic.
Land Surveyor No. 1188
�5S0U,� _
1188 % .
V, URIaly. I .
• ?�LARRY. . . -
S U'��
V
® AGREEMENT
THIS AGREEMENT, made and entered into this day of
, 1978 , by and between the Jefferson City
Area Chamber of Commerce, hereinafter referred to as Chamber
and the City of Jefferson, hereinafter referred to as City.
WITNESSETH:
WHEREAS, the Chamber has secured options on certain land
in Cole County, Missouri, which it desires to be developed into
an industrial area; and
WHEREAS, at this time the Chamber does not have the money
available to purchase such land; and
WHEREAS, the City is willing to use City funds to make such
purchase to assure the availability of land for future industrial
prospects.
NOW, THEREFORE, it is agreed as follows:
1. The Chamber will assign its options to the City.
2. The City will purchase the property and hold title
in' its 'name until such time as the Chamber is financially able
to purchase the land from the City, which in no event shall
be later than four (4) years after the date of -this agreement.
3. From the time of purchase by the City until the purchase
by the Chamber from the City, the Chamber will have the use and
control of the land. It is agreed that the Chamber may rent the
land out for agricultural purposes and collect rent for its use..
In return the Chamber will pay to the City interest on the City's
expenditure at the rate of 6. 25% per annum until it purchases
the land from the City, such interest to be paid at time of
purchase. During the period prior to the purchase of the land,
while the Chamber controls such land, it will carry liability
insurance protecting the City from any liability arising out
of the use and occupancy of the property.
Milo I
t
4 . In order to assure performance by the Chamber of its
obligation to purchase the property as herein provided, it is
agreed that this agreement shall, in addition to its other pro-
visions, constitute a pledge of the property of the Chamber
located on Industrial Drive in Jefferson City, Cole County,
Missouri, subject to the existing first mortgage thereon, said
property being described as follows :
About 7.46 acres of unplatted land along the south
side of Industrial Drive, in said City, having a frontage
thereon of about five hundred feet, and extending south-
ward to a depth of about five hundred fifty-six feet
along the east line thereof, a more accurate description
of which is believed to be as follows :
® A part of the Southwest quarter of the Southwest
quarter of Section 1, Township 44, Range 12, and also a
part of the Northwest quarter of the Northwest. quarter of
Section 12, Township 44, Range 12, containing 7.46 acres,
more or less, and more particularly described as follows:
From the southwest corner of Section 1, Township 44,
Range 12, thence along the section line north 86 degrees
and 30 minutes east, 888 feet, more or less, to the
beginning point of this description. Thence south 5 degrees
and fifteen minutes east, 505 feet, more or less, to the
center line of a creek. Thence along said center line
south 29 degrees east, 54 feet; thence south 76 degrees
and 30 minutes east, 117 feet; thence north 86 degrees
and 30 minutes east, 164 feet; thence south 71 degrees
and 30 minutes east, 122 feet; thence north 74 degrees
east, 77.5 feet to the quarter quarter line. Thence
along the quarter quarter line north 5 degrees and 15
minutes east, 658. 7 feet, more or less , to the south right-
of-way of Industrial Drive. Thence along the said right-
of-way north 83 degrees and fifteen minutes west, 142.3
feet; thence north 78 degrees west, 170.5 feet. Thence
south 54 degrees and 15 minutes west, 214.2 feet to the
point of beginning, together with an easement for drive-
way purposes from the westerly side of said premises
westward to the Dix Road.
Less the portion of the foregoing property heretofore
conveyed to the State of Missouri for highway purposes.
5. It is understood that the City and the Chamber are
acting for the interests of the industrial development of the
City, and that the land which is the subject of this agreement
is some of the little remaining land in the Jefferson City area
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which is on the MoPac Railroad and is suitable for industrial
development, and that the City's agreement, as set out herein,
is based upon the desire of the City officials to encourage
the development of industry as a means of assuring the continued
growth and prosperity of the City.
IN WITNESS WHEREOF, the parties have hereunto set their
hands the day and year first above written.
r JEFFERSON CITY AREA
CHAMBER OF COMMERCE
By
CITY OF_.JEFF'ERSO
By'
f
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