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BILL Nd. ,_„_._,.,,
INTRODUCED BY COUNCILMAN N
ORDINANCE NO. �
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CLERK OF THE C7r Y TO SIGN AN ASSIGNMENT OF LEASE AND
AGREEMENT, PREVIOUSLY APPROVED UNDER ORDINANCE NO. 8771, BETWEEN
WILLIAM E. ASEL, D/B/A IYTDUSTRIAL AVIATION COMPANY, AND THE CITY
OF JEFFERSON, TO THE CENTRAL TRUST BANK.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON,
MISSOURI, AS FOLLOWS:
Section 1. The Mayor and City Clerk of the City of Jefferson
Missouri, are hereby authorized and directed, for and in the name
of the City, to execute an Assignment of Lease and Agreement,
previously approved under Ordinance No. 8771, between William E.
Asel, d/b/a Industrial Aviation Company, and the City of Jefferson,
to the Central Trust Bank.
Section 2. A copy of said Assignment is hereto attached and
made a part+ hereof.
Section 3. This ordinance shall be in full force and effect
from and after the date of its passage and approval.
Passed Approved
WesideAt of the Coun Mayor
Attest
Clerk.
of
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ASSIGNMINI' C P REAL FSTA7'L LEASE AND AGRII3`MgT
Th tin
is Assigrent of the Lease and Agrc"nent specifically identified as
This
No. 8771 dated October 1, 1975, is made and entered into by and between
William E. Asel, D/B/A Industrial Aviation Company, (hereinafter called "Lessee") ,
the CITY CF JEFFERSON (hereinafter called "Lessor") ; and THE CENTRAL TRUST BANK
(hereinafter called "Assignee") .
WITNESSETH:
WHEREAS, Lessee has heretofore leased from Lessor for a period of
five years with option to renew for additional five year periods certain real
property described as follows:
A tract of land lying within the commercial area of Jefferson City
Memorial Airport described as follows:
Part of t-ie northwest quarter of Section 15, Township 44, Range 11,
in the County of Callaway, State of Missouri, being more particularly
described as follows:
From the northwest corner of said Section 15; thence southerly along
the Wiest line of said Section 15, 823.85 feet; thence deflecting 60
22' to the left 409 feet; thence deflecting 90°00' to the right 30.4
felt to the point of beginning of this description; thence deflecting
90 00' to the left 210.5 feet; hence deflecting 90°00' to the right
80.0 feet; thence deflecting 90 00' to the right 210.5 feet; thence
deflecting 90 00'• to the right 80.0 feet to the point of beginning of
this description.
WHEREAS, Assignee has extended credit to and contemplated the extension of
further credit to Borrower to be used for construction of an addition on Lessee's
building located on the leased premises; and
WHEREAS,-such extension of credit will benefit Lessor in that the funds will
benefit Lessee's business conducted on the leased premises;.
Now, TfEREFoM, for and in consideration of the premises and of disbursement
of said loan or any part thereof, Borrower and Lessee with the consent of Lessor
hereby Assigns, Transfers, and Conveys unto Assignee the lease above described, to
have and to hold the same for and during the remainder of the term mentioned in the
lease, and all renewals and extensions of said term.
A. Borrower, Lessee, and Lessor further Covenant and Agree:
1. Lessee is not now in default in the performance of lease; and Lessee
and Lessor will each perform the covenants and conditions required of him by said
lease for the term of said loan and any extensions or renewal of it.
2. Except as otherwise herein permitted, Lessee and Lessor will not,
alone or by agreement between them, modify or terminate said lease without consent
of Assignee.
3. In the event of default by Lessee under the terms of said lease,
Lessor shall have the right to terminate said lease in accordance witYi its terms,
provided, however, Lessor shall first give Assignee 60 days written notice of
such default and the right, at the option of Assignee, during such period, to
cure such default; and during such period, Lessor will take no action to enforce
its claim arising from such default without Assignee's consent.
4. In the event of any default by Borrower and Lessee in the per-
formance of any of the obligations of his note to Assignee evidencing the afore-
said loan, any renewal or extension thereof, or any other agreement made in
connection therewith, including his agreements herein, then, Assignee, at its
option, may, without notice, using such force as may be necessary, enter said
premises and do any one or more of the following:
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,,,Assignment of Real Estate Lease and Agreement
Page 2
a. Rm-ave all property of Borrower and Lessee therefrcm
that is hypothecated as collateral for its aforementioned
loan subject to the provisions of Paragraphs 16 and 20 of
the Lease executed between the City of Jefferson and
William E. Asel, D/B/A Industrial Aviation Company.
b. Sell the property referred to in Paragraph a. on said
premises.
c. Transfer and assign said lease and Lessee's rights therein
to parties satisfactory to Lessor, and upon assignment,
the obligations of said lease shall be binding on said
transferee.
In the event Assignee shall only undertake the options
provided in Paragraph a. or b., it shall have no obligation
other than payment of rent accruing during the period of
its possession of the premises. In the event Assignee shall
make transfer of said lease as provided in Paragraph c. ,
Assignee will cure all defaults in said lease, and its sole
other obligation shall be the payment of rent which accrued
prior to the transfer of said lease.
B. Lessor hereby represents and warrants that title to said leased premises
Id by the City of Jefferson in fee simple and that it has full power and
authority to enter into this Agreement.
C. This Agreement shall be binding upon and insure to the benefit of the
personal representatives, successors, and assigns of the parties hereto.
Witness our hands and seals this —� day of , 1980.
WILLIAM E. ASEL, D/B/A INDUSTRIAL AVIATION COMPANY
By N
William E. Asel, Lessee
CIT11Y Cr- JUT RSON
By
ssor
STATE OF MISSOURI )
ss.
COUNTY OF CALLAWAY )
On this i day of4ofdus�al , 1980, before me appeared William E. Asel,
to me perscnal` c�m, me duly sworn, did say that he executed said
lease 'for and on behalf Aviation Catgany, not a corporation, and
acknowledged that he executed the foregoing ins t as 4hisree act and deed.
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STATE CF MIS90IW )
ss.
C oull'Y OF COW )
On this 5�day of � , 1980, before me appeared
George Hartse]�d to me pe��,` being by me duly sworn, did
say that he is the Mayor of Jefferson City, Missouri, and that the seal
affixed to the foregoing instrument is the corporate seal of said Jefferson
City and that said instrument was signed and sealed in behalf of said City
by and with the authority of its Council, and George Hartsfield acknowledged
said iFIMNML e free act and deed of said City.
NOTARY PUBLIC STATE OF MISSOURI
COLE COUNTY -
My Notary Public
STATE OF. MISSOURI )
COUNTY OF CALLAWAY ) Document, No.
I, the undersigned Recorder of Deeds for skid County and State do hereby
certify that the foregoing instnment of writing was filed for record in
my office on the day of 19 at
o'clock and minutes and is truly recorded iF Book
page '
Witness my hand and official seal on the day and•year aforesaid.
By
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HE CENTRAL TRUST BAND --
JEFF CITY,MISSOURI 65101 (314)634-1234
teJt
June 4, 1980
Mr. Christopher Graham
P.O. Box 746
Jefferson city, NO 65102
Dear Chris:
Enclosed, please find a copy of our assignment form and
the lease between the City and Bill Asel regarding the
hangar facility. This assigrm�ent farm is identical to
the one executed between the City and the New Jefferson
City Flying Service.
If you have any questions regarding the foam, please
give mr a call at 634-1120.
Sincerely,
David L. Perdue
Second Vice President
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