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Home My Public Portal AboutORD07151 ORDINANCE O. 71 1 AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR AND CI'T'Y CLERK OF THE CITY OF JEFFERSON, MISSOURI, FOR AND IN THE NAME OF SAID CITY, TO EXECUTE AN INSTRUMEW1' AHENDING AN INSTRUMENT {, TITLFrD "AGREEMENT AND GRANT OF RECIPROCAL EASEMENTS" WHICH INSTRUMENT HAS BEEN HERE PO FORE M(ECUTED BY THE CITY OF JEFFERSON, MISSOURI, AND D & E RENLTY AND INVESTMENT COMPANY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: SECTION 1, The Mayor and the City Clerk of the City of Jefferson, Missouri, for and in the name of said City, are hereby authorized and directed to execute an instrument for the purpose of amending; the provisions of another instrument entitled "Agreement and Grant of Reciprocal Easements" which has heretofore been executed by the City of Jefferson, Missouri and D & E Realty and Investment Company and which Agreement related to the purchase, installation, maintenance and use of an elevator within the City Hall Building. SECTION 2. Said instrument ofamendment shall read in words and fivures as follows: ADENDMENT OF AGREEMENT AND GRANT OF RECIPROCAL EASEMENTS WHEREAS, the City of Jefferson, Missouri, and the D & E Realty & Envestment Company on August 23, 1960, did execute an instrument entitled 'Agreement and Grant of 'Recinroeal Easements" relating to the purchase, installation, maintenance, use and payment of operating expense of an elevator jointly Lcaned by the said parties within the City Hall Building in efferson City, Missouri, and WHEREAS, said instrument porvided among other things that: The Cost of maintenance and repair of said elevator and elevator shaft shall be equally borne by the parties, and WHEREAS, the City of Jefferson, Missouri, and the D & E Realty & Investment Company desire to amend the above entitled instrument to change the clause of the instrument that is underlined above, now therefore: IT IS AGREED AS FOLLOWS by and between the City of Jefferson, Missouri, and the D & E Realty & Investment Company: 1. D & E Realty & Investment Company has 2700 square feet of rental space on the second floor and 2700 square feet of rental space. on the third floor, making a total of 5400 square feet of rental space, in its commercial building, which may be served by said elevator, located at 232 E. High Street In Jefferson City, Misso"Iri. 2. The City of Jefferson, Missouri, shall assume and agree to pay all elevator and elevator shaft maintenance costs heretofore incurred by the City and D & E Realty & Investment Company from the date of ..August 23, 1960 ( but arecifically not including; the cost of purchase, installation or operation of said elevator ) jointly under the terms of the document entitled "Agreement and Grant of Reciprocal Easements And the City of Jefferson, Missouri hereby allrees to nay pay all f�zture costs of .maintenance and r. enair to said elevator and (:l.:vator shaft, siibject to the following terms and cor-litions agreed to by the R ,% E Realty & Investment Company: (A) When D & E Roalty & Ivestmc-nt Company hereinafter called D & E ) rents as mech as 1350 square reet and less than 1800 sq,iare feet of its office snnce on e3ther the seconl or thirl f1loor or both of its office building, D & E shall pay the City of Jefferson, Missouri (hereinafter called the City ) once fourth (1/4) of the cost of the incurred by the City inmaintaining and repairing said elevator and elevator shaft. . (B) When D 1z E runts as mach as 1800 square feet and less than 2700 square feet of its office space mentioned above, D & E shall pay the City one third (1/3) of the cost incurred by the City in maintaining and repatng the elevator and elevator shaft. (C) When D & E rents as mech as 2700 squarefeet of its office snace mentioned above,D & E shall pay the City one half ( 1/2- ) of the cost incurred by the City in maintaining and repairing the elevator and elevator shaft. (D) All expenses and costs incurred by the- City under a contract with the Otis Elevator Company that provides for mainte- nane-e ,and service- of said elevator shall be deemed to be a cosb cost and expense of maintaining and repairing said elevator and elevator shaft as well as such other expenses or costs which may be incurred and raid by said City. In WITNESS HEREOF, the City of Jefferson, Missouri and the D E Realty & Investment Company has caused these presents to be signed this 21st day of November, 1961. CITY OF JEFFERSON, MISSOURI /S/ C. Forrest Whaley, Mayor ATTEST /s/- Harold B. Baker, Jr. City ClerT D & E Realty & Investment Company President ATTEST At Secretary Section 3. This ordinance shall take effect and be in force from and after its passage and approval and the payment of the sum of Ninety Dollare and 221100 ($90.22) Dollars by David N. Herman and Ethel Herman to the City of Jefferson, Missouri. Passed: November 20, 1961 Approved: November -21. _1961 C. F. Whaley 0. Fe Whaley President of the Council Mayor