HomeMy Public PortalAboutORD04940 A' _L
Parties of the �,irst Part hereby state and covenant that at the
present time therehave no costs accrued for which Party of the
Second Part will be liable for payment either to the Parties of the
First Vart pr to any other person, firm or corporation, ecept
none.
The arties of the First ' art hereby direct and request said City
to accept this present instrument as an assignment of all beneficial
interests which parties of the First ' art:-might otherwise have in
said contrast and as same become due and payable to pay the amount
set out in said contract as the contract price of said work, unto
E. F. Kieselbach, the Second arty to this present agreement and
assignment and the Assignee un2er said original contract.
Section 2. his Ordinance shall become effective immediately
upon its passage and approval.
Passed Aug. 4, 1947 Approved Aug.6. 1947
J. T. Blair Jr. J. T. Blair. Jr.
President of the Counci . Mayor
Attest: Henry W. Ellst
City `clerk
#4940
AN ORDINANCE AUTHORIZING THE MAYOR OF THE CITY OF JEFFERSON, MISSOURI,
A MUNICIPAL CORPORATION, TO SINN XD EXECUTE A CERTAIN LEASE ON THE-
PART OF THE CITY OF JEFFERSON, MISSOURI, AS HRII NAFTER SET OUTS
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON, MISSOURI,
AS FOLLOWS:
Secrion 1. The ayor of the City of Jefferson, Missouri , a
municipal corporation, Is hereby authorized and directed to sing and
execute on behalf of the City of Jefferson, Missouri, a certain
lease, the terms of said lease to be as follows, to-wit:
This indenture of Lease, made this 10th day of August, 1947,
by and between Paul S. Koch and Laura Koch, his wife, of the County
of Calkaway, State of Missouri, hereinafter referred to as lessors,
and the �'ity of Jefferson, Missouri, a Municipal �'orporation, hereinafte
referred to as lessee, WITNESSETH:
That the said lessors for and in consideration of the covenants at
aid agreements hereinafter mentined, to be kept and performed by the
said lessee, have demised and leased to the lessee all of the premises
lying, being and situate in Callaway County, M ssouri, and described
as follows, to-wit:
A certain parcel of land in W. B. Scott ' s New gadrid Survey
No. 2622 in ownship 449 Range 11, Vrest, bounded as follows:
Beginning at the southeast corner of the land formerly
belonging to John happel in said W. B. Scott 's Survey,
thence West with tfe south side said Cha-)pe1's land and
forty-five and 34100 chains to the east bank of Cedar
Creek; thence up the east bank of said creek north 31 _
degrees east five chains, thence north 24 degrees east
tkelve chains, thence north 13 degrees east five chains,
thence east 36.83 chains to intersect the east side of
W. B. .Scott's said Survey, thence south 1a degrees west
with the east side of said survey 20.50 chains to the
beginning; less all of the above desceibed lan# lying east
of the hicago and Alton Railroad tract, being about three
acres off of the southeast corner of said tract heretofore
sold by said Abigail A. Kenney to Emily Ra sey, leaving
79.26 acres more or less. Also, all of the accretion land
adjoining the west line of the above described land west
to the center of Turkey Creek, formerly Old Cedar Creek.
(Excepting the house and barn and other outbuilr.ings used
by the lessors as their home and in connection therewith, )
'72
TO HAVE AND TO BOLD the above described premises with all the
privileges and appurtenances belonging to the same unto the lessee,
its successors and assigns, for a term of six (6) months commencing on
the 10th day of hugust, 1947, and ending on the 9th day of F+ebrudry,1948.
The lessee' in consideration of the ].easing of the premises
aforesaid by the lessors to the lessee does hereby covenant and agree
with the lessors and their heirs, executers, administrat6ra, and
assigns to pay the lessors as rent for the said premises in the
amount and manner as follows, to-wit:
One Hindred Twenty 1'ive Lol�ars 0`125.00) on the 10th day of
August, 1947, and One Hundred -Twenty ive Dollars ($ 125.00) on the 10th
day of each callendar month thereafter during the length of this
,ease.
This lease is made for the purpose of maintai ing a landing
field and airport by the lessee and for the conduct of all operations
incident thereto. No exhibitions or activityenot connected with the
conduct of an airport shall be permitted on the premises without the
consent and approval of the lessors.-
The lessee shall have the right to level and grade such parts
of the ground herein desceibed as may be necessary to provide safe and
suitable landings for airplanes and the right to make such other im-
provements from time to time as may be necessary in the operation of
said aipport , to erect new buildings and it is mutually agreed by the
parties hereto that En y new buildings constructed shall be removed by
the lessee at the termination of this least unless the lessors serve
notice in writing on said lessee sixty )60) days before the end of
this lease stating that said lessors do not desire said buildings to
be removed, but said lessee shall bave the right to remove any
buildings constructed on said premises by said lessee if said lessee
so desires to remove said structures.
The said lessee agrees to be responlible and to reimburse
said lessors for any and all additional taxes of whatsoever nature
that said lessors any haVo to pay on m y new buildings t?-iat sgid 'lessee
may construct on the above described peemises.
Said lessors agree to keep the buildings on the above de-
scribed premises at all times in a dry and tonetable condition during
the term of this le ase.
It is mutually agreed by the parties hereto that said lessee
will not at any time during the term of this lease put any rock, gravel,
or cinders on any airplane runway on the above described premises.
The' lessee shall receive all revenrue from the use of the
ground as an airport, excepting the lessors shall have the right to
sow clover, afalfa, other grass or other shall grain on the above
described premises so long as the sowing, growth, and harvesting, of
said crops do not interfere with the normal operation of said premises
as an airfield, and said lessors shall receive any and all revenue
derived from said crops/
Said lessee agrees not to assign or sublet any part o:P all
of this !cease unless said lessee obtains written permision from the
lessors to to do.
All disputes arising under the terms of this lease shall be
sbttled by a Board of A"bitration, said Board consisting of three
members, one member to be chosen by the lessee and one member to be
chosen by the lessors, the the said two members shall choose a third
member to act as a Board of Arbitration. The decision of said Loard
shall be final aid finding on both parties. '
It is further agreed by the lessee that if default shall be
made in payment of any rent due for more than twenty (20) days after
the same shall be due, as set out by the terms of this lease, the lessors
or their legal representatives, shall be entitled to the possession
of these premises, and possession thereof shall be peaceably sur-
rendered to the lessors; and finally, at the end of the term thereof,