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Home My Public Portal AboutORD06998r5=O �� . ORDINANCE NO. -6998 AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR AND THE CITY CLERK JOF THE CITY OF JEFFERSON, MISSOURI, -TO EXECUTE A CONTRACT. BE IT ORDAINED BY THE CI`T'Y COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: SECTION 1. The Mayor and the City Clerk of the City of Jefferson, Missouri, are hereby authorized and directed, for and in the name of said city, to execute a written contract. SECTION 2. Said contract shall read in words and figures as follow: ,j CONTRACT Ij This contract, made and entered into this day of October, 196j, by and between the City of Jefferson, Missouri, an municipal j corporation of the third class, located in Cole County, Missouri, hereinafter termed the "Lessor" , and Independent Construction Company, a Missouri corporation, with its principal office and plac of business being P.O. Box 61, Overland Park, Kansas, hereinafter termed the "Lessee" . ff! WITNESSETH Whereas, the Lessor is the owner of the following described property located within the City of Jefferson, Cole County, Missouri: 1 "All of Inlots 650, 651 and 652 within the City of Jefferson, ;i Missouri." Whereas, the Lessee is engaged in the business of concrete highway tl paving and surfacing, and Whereas, the Lessee has a subcontract with Gillioz Construction ?f Company for the concrete surfacing of Highways 50, 54 and 63 in i Jefferson City, Missouri, between the location of the West End Firelj Station and Vetters Lane, in the eastern part of said city, and ;j Whereas, the Lessee needs a location for the storage of its cement, ij rock, sand and other materials necessary in the manufacture of concrete and for the mixing of said materials and loading thereof on trucks and other vehicles for transportation to the construction site of the aforementioned expressway, now therefore, it is agreed it as follows: I 1.) Lessor hereby leases to Lessee and Lessee hereby leases 1� from Lessor as a stockpile and concrete "batch" plant site the ;I following described portion of the land described above; "All of Inlots 650, 651 and 652 within the City of Jefferson,! Missouri, except the southerly eighty one (81) feet thereof I{ and except the westerly twenty five (25) feet of Inlot 650, 1 plus the right of ingress and egress to said premises over the two roadways presently in existence across the southerly ) eighty one (81) feet of Inlots 650, 651 and 652." j 2.) This lease shall become effective on the day of ctober, 1960, and expire on July 31, 1961, unless sooner terminated y the parties; provided that the Lessee may renew said lease for j n additional period or periods of thirty days on a month to month in by giving written notice of its intention to do so at least j( en (10) days prior to the 31st day of July and at least ten (10) jE lays previous to the last day of each succeeding calendar month ' uring which lessee is leasing said real estate under previous renewals f said lease; provided that said lease shall automatically be II terminated upon the completion of all concrete surfacing and concrete j onstruction work by the Lessee on that portion of the Expressway knpwn s Highways 50, 54 and 63 between the West End Fire Station and etters Lane. !� 3.) In lieu of any money to be paid as ratal for the use of i. the premises described above, the Lessee agrees to perform these acts as consideration for said lease: '! 1 ii A. Cut down all brush, trees and other vegetation present onj the property of the Lessor as initially described in this contract.; B. Burn all brush, trees, trash and other flammatory materials ;and matters designated by Lessor' s Street Commissioner under the if ;supervision of Lessor' s Fire Chief. C. Stockpile neatly all such scrap, iron, steel and similar `materials in the areas on the property initially described in said It icontract as may be selected by Lessor' s Street Commissioner. Ii D. Remove from the premises described initially in said 'contract all scrap, steel, wire, iron, noncombustible materials (butt expressly excluding rock, sand, chat and street surfacing materials) 9nd the residue of all burned materials as may be selected by the ( essox s Street Commissioner. . E. Stockpile all of Lessor' s street surfacing materials j�upon the south eighty one (81) feet of the land initially described ,in this contract in the areas designated by Lessor' s Street iommisbioner. ; F. Repair with concrete all curbs, gutters and sidewalks 1 djacent to the property described initially in this contract that (nay be damaged by use of the vehicles and equipment of the Lessee rider the supervision of the Lessor' s Street Commissioner. ' G. Refrain from using the leased premises in any manner constituting a nuisance and to employ every reasonable means to keep �noise and dust resulting from use of the premises as a stockpiling rid concrete batching plant to a minumum. H. To hold harmless and indemnify the Lessor from any and all laims, damages, causes of action, liabilities or judgments incurredl y Lessor and resulting from damages or injuries sustained by any arsons or property caused by use of the leased premises as a stockpiling and concrete batching plant. I. To clean the surface of the area initially described in this contract prior to removal of its equipment from the site, �Eil.ling all depressions and concavities in said surface to the maximum extent possible by placing all loose materials (excluding rock, chat, sand and other street surfacing materials owned and 1stockpiled by the Lessor on the land initially described in said ' ,Contract) gathered in cleaning said surface area, in such manner ,as to cause the surface waters collected on said property to drain and flow to the rock cliff at the rear of the leased area initially nd thereafter to drain and flow in a westerly direction to the i `north-south alley separating Inlots 649 and 650 in the City of Jeff-1 erson, Missouri. ' J. Lessee shall not interfere with the normal and usual +operations of the Lessor' s Street Department upon the southerly eighty one (81) feet of Inlots 650, 651 and 652. K. Execute a performance bond in the face amount of Two �Thousand ($2,000.00) Dollrs to the Lessor conditioned upon faithful 1erformance of all the terms of this contract; said bond to be 'executed by a surety to be approved by the Lessor' s Mayor by (endorsement of such approval on said bond. 4.) Lessee agrees that such portion of the leased premises immediately north of the southerly eighty one (81) feet of said ilnlots as may be absolutely necessary for stockpiling of Lessor' s materials may be used by Lessor' s Street Department for stockpiling 'purposes provided that Lessor shall keep its stockpiled street !surfacing materials on said southerly eighty one (81) feet at all �! {times if at all possible. In Witness Whereof, the Parties hereto have set their hands (� j!and seals. + I CITY OF JEFFERSON, MISSOURI i !i (By) C. Forrest Whaley /s/ !t C. Forrest Whaley, Mayor ;Attest: j I' Henry W. Ells /s/ j� Henry W. Ells, City Clerk