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HomeMy Public PortalAboutORD15330 BILL NO. 2014-76 SPONSORED BY COUNCILMAN Scrivner ORDINANCE NO. I 3-3-D AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH AMERICAN TOWER, LLC, FOR AN EXTENSION OF THE EXISTING CELL TOWER LEASE BETWEEN THE PARTIES FOR THE CELL TOWER LOCATED BEHIND FIRE STATION #4. BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The Mayor and City Clerk are hereby authorized and directed to execute an agreement with American Tower, LLC, for an extension of the existing cell tower lease between the parties. Section 2. The agreement shall be substantially the same in form and content as that agreement attached hereto as Exhibit A. Section 3. This Ordinance shall be in full force and effect from and after the date of its passage and 2z ,dapproval. /L Passed: AOI7 Approved: (0 c /D /Ae / Presiding Officer C Mayor ATTEST:` ' ' APPROVED AS TO FORM: -- Lii4' V cCitty Clerk-'. City ounselor THE SECOND AMENDMENT TO LEASE AGREEMENT This Second Amendment to Lease Agreement(this"Amendment")is made effective as of the latter signature date hereof(the"Effective Date")by and between City of Jefferson Missouri,a Missouri municipal corporation("Landlord")and American Towers LLC,a Delaware limited liability company("Tenant') (Landlord and Tenant being collectively referred to herein as the"Parties"). RECITALS WHEREAS, Landlord owns the real property described on Exhibit A attached hereto and by this reference made a part hereof(the"Parent Parcen and WHEREAS, Landlord(or its predecessor-in-interest)and Tenant(or its predecessor-in-interest)entered into that certain PCS Site Agreement dated September 15, 1998(as the same may have been amended, collectively,the"Lease"),pursuant to which the Tenant leases a portion of the Parent Parcel and is the beneficiary of certain easements for access and public utilities,all as more particularly described in the Lease (such leasehold and easement rights and interests,collectively,the"Leased Premises"),which Leased Premises are also described on Exhibit A;and WHEREAS,Landlord and Tenant desire to amend the terms of the Lease to extend the term thereof and to otherwise modify the Lease as expressly provided herein. NOW THEREFORE,in consideration of the foregoing recitals and the mutual covenants set forth herein and other good and valuable consideration,the receipt,adequacy,and sufficiency of which are hereby acknowledged,the Parties hereby agree as follows: 1. One-Time Payment. Tenant shall pay to Landlord a one-time payment in the amount of Ten Thousand and No/100 Dollars($10,000.00), payable within thirty(30)days of the last to occur of the following: (a) Tenant's receipt of this Amendment executed by Landlord,on or before August 31,2014;(b)Tenant's confirmation that Landlord's statements as further set forth in this Amendment are true,accurate,and complete;(c)Tenant's receipt of any documents and other items reasonably requested by Tenant in order to effectuate the transaction and payment contemplated herein;and(d)receipt by Tenant of an original Memorandum of Lease in the form and of the substance attached hereto as Exhibit B and by this reference made a part hereof(the"Memorandum")executed by Landlord,together with any applicable forms needed to record the Memorandum,which forms shall be supplied by Tenant to Landlord. 2. Lease Term Extended. Notwithstanding anything to the contrary contained in this Amendment or in the Lease,the Parties agree that the Lease originally commenced on September 15,1998. Tenant shall have the option to extend the Lease for each of five(5)additional five(5)year renewal terms(each a"New Renewal Term"and,collectively,the"New Renewal Terms"). The first New Renewal Term shall commence simultaneously with the expiration of the Lease,taking into account all existing renewal term(s)(each an"Existing Renewal Term"and,collectively,the"Existing Renewal Terms")available under the Lease. Notwithstanding anything to the contrary contained in the Lease,(a)all Existing Renewal Terms and New Renewal Terms shall automatically renew unless Tenant notifies Landlord that Tenant elects not to renew the Lease not less than sixty(60)days prior to the expiration of the then current term and(b) Landlord shall be able to terminate this Lease only in the event of a material default by Tenant,which default is not cured within sixty(60)days of Tenant's receipt of written notice thereof, provided,however,in the event that Tenant has diligently commenced to cure a material default within sixty(60)days of Tenant's actual receipt of notice thereof and reasonably requires additional time beyond the 60-day cure period described herein to effect such cure,Tenant shall have such additional time as is necessary(beyond the 60-day cure period)to effect the cure. References in this Amendment to"Renewal Term"shall refer,collectively,to the Existing Renewal Term(s)and the New Renewal Site No:274000 Site Name:JC Fire Station, MO Term(s). 3. Rent and Escalation.Commencing with the first rental payment due following the Effective Date,the rent payable from Tenant to Landlord under the Lease is hereby increased to Twenty-Three Thousand One Hundred and 00/100 Dollars($23,100.00)per year(the"Rent"). Commencing on September 15, 2018,and on the beginning of each Renewal Term thereafter,Rent due under the Lease shall increase by an amount equal to twenty percent(20%)of the then current rent. Notwithstanding anything to the contrary contained in the Lease,all Rent and any other payments expressly required to be paid by Tenant to Landlord under the Lease and this Amendment shall be paid to:JEFFERSON CITY FIRE STATION 1. 4. Landlord and Tenant Acknowledgments. Except as modified herein,the Lease and all provisions contained therein remain in full force and effect and are hereby ratified and affirmed. The parties hereby agree that no defaults exist under the Lease. To the extent Tenant needed consent and/or approval from Landlord for any of Tenant's activities at and uses of the Leased Premises and any other portions of the Parent Parcel prior to the Effective Date,Landlord's execution of this Amendment is and shall be considered consent to and approval of all such activities and uses. Landlord hereby acknowledges and agrees that Tenant shall not need consent and/or approval from Landlord for any future activities at or uses of the Leased Premises,including,without limitation,subleasing and licensing to additional customers,installing,modifying,repairing,or replacing improvements within the Leased Premises,and/or assigning all or any portion of Tenant's interest in this Lease,as modified by this Amendment.Tenant and Tenant's sublessees and customers shall have vehicular(specifically including truck)and pedestrian access to the Leased Premises from a public right of way on a 24 hours per day,7 days per week basis,together with utilities services to the Leased Premises from a public right of way. Upon request by Tenant,Landlord hereby agrees promptly to execute and deliver building permits, zoning applications and other forms and documents required for the use of the Leased Premises by Tenant and/or Tenant's customers,licensees,and subleases. Landlord hereby acknowledges and agrees that Tenant shall have the right,exercisable by Tenant at any time during the term of the Lease,to replace,in whole or in part,the description(s)of the Leased Premises set forth on Exhibit A with a legal description or legal descriptions based upon an as-built survey. Upon Tenant's request,Landlord shall execute and deliver any documents reasonably necessary to effectuate the foregoing description replacements,including,without limitation,amendments to the Lease and the Memorandum. The terms,provisions,and conditions of this Section shall survive the execution and delivery of this Amendment. S. Limited Right of First Refusal. Notwithstanding anything to the contrary contained herein,this paragraph shall not apply to any fee simple sale of the Parent Parcel from Landlord to any prospective purchaser that is not a Third Party Competitor(as herein defined). If Landlord receives an offer or desires to offer to: (i)sell or convey any interest(including,but not limited to, leaseholds or easements)in any real property of which the Leased Premises is a part to any person or entity directly or indirectly engaged in the business of owning,acquiring,operating,managing,investing in or leasing wireless telecommunications infrastructure(any such person or entity,a"Third Party Competitor")or(ii)assign all or any portion of Landlord's interest in the Lease to a Third Party Competitor(any such offer,the "Offer"),Tenant shall have the right,exercisable in Tenant's sole and absolute discretion,of first refusal to purchase the real property or other interest being offered by Landlord in connection with the Offer on the same terms and conditions. If Tenant elects,in its sole and absolute discretion,to exercise its right of first refusal as provided herein,Tenant must provide Landlord with notice of its election not later than forty-five(45)days after Tenant receives written notice from Landlord of the Offer. If Tenant elects not to exercise Tenant's right of first refusal with respect to an Offer as provided herein, Landlord may complete the transaction contemplated in the Offer with the Third Party Competitor on the stated terms and price but with the express condition that such sale is made subject to the terms of the Lease,as Site No:274000 Site Name:JC Fire Station, MO modified by this Amendment. Landlord hereby acknowledges and agrees that any sale or conveyance by Landlord in violation of this Section is and shall be deemed to be null and void and of no force and effect. The terms, provisions,and conditions of this Section shall survive the execution and delivery of this Amendment. 6. Landlord Statements. Landlord hereby represents and warrants to Tenant that: (i)to the extent applicable, Landlord is duly organized,validly existing,and in good standing in the jurisdiction in which Landlord was organized,formed,or incorporated,as applicable,and is otherwise in good standing and authorized to transact business in each other jurisdiction in which such qualifications are required;(ii) Landlord has the full power and authority to enter into and perform its obligations under this Amendment,and,to the extent applicable,the person(s)executing this Amendment on behalf of Landlord, have the authority to enter into and deliver this Amendment on behalf of Landlord;(iii)no consent,authorization,order,or approval of,or filing or registration with,any governmental authority or other person or entity is required for the execution and delivery by Landlord of this Amendment; (iv) Landlord is the sole owner of the Leased Premises and all other portions of the Parent Parcel;(v)there are no agreements, liens,encumbrances,claims,claims of lien,proceedings,or other matters(whether filed or recorded in the applicable public records or not)related to,encumbering,asserted against, threatened against,and/or pending with respect to the Leased Premises or any other portion of the Parent Parcel which do or could (now or any time in the future)adversely impact,limit,and/or impair Tenant's rights under the Lease,as amended and modified by this Amendment;and(vi)the square footage of the Leased Premises is the greater of Tenant's existing improvements on the Parent Parcel or the land area conveyed to Tenant under the Lease.The representations and warranties of Landlord made in this Section shall survive the execution and delivery of this Amendment. Landlord hereby does and agrees to indemnify Tenant for any damages,losses,costs,fees,expenses,or charges of any kind sustained or incurred by Tenant as a result of the breach of the representations and warranties made herein or if any of the representations and warranties made herein prove to be untrue.The aforementioned indemnification shall survive the execution and delivery of this Amendment. 7. Confidentiality.Notwithstanding anything to the contrary contained in the Lease or in this Amendment, Landlord agrees and acknowledges that all the terms of this Amendment and the Lease and any information furnished to Landlord by Tenant in connection therewith shall be and remain confidential. Except for Landlord's attorney,accountant,broker or lender,if any,or if otherwise required by applicable law,regulation or rule of any governmental authority, Landlord shall not disclose any such terms or information without the prior written consent of Tenant.The terms and provisions of this Section shall survive the execution and delivery of this Amendment. 8. Notices. All notices must be in writing and shall be valid upon receipt when delivered by hand,by nationally recognized courier service,or by First Class United States Mail,certified,return receipt requested to the addresses set forth herein;To Landlord at:320 East McCarty St.,Jefferson, MO 65101; To Tenant at:Attn:Land Management 10 Presidential Way,Woburn, MA 01801,with copy to:Attn Legal Dept. 116 Huntington Avenue,Boston, MA 02116. Any of the Parties,by thirty(30)days prior written notice to the others in the manner provided herein,may designate one or more different notice addresses from those set forth above. Refusal to accept delivery of any notice or the inability to deliver any notice because of a changed address for which no notice was given as required herein,shall be deemed to be receipt of any such notice. 9. Counterparts. This Amendment may be executed in several counterparts,each of which when so executed and delivered,shall be deemed an original and all of which,when taken together,shall constitute one and the same instrument,even though all Parties are not signatories to the original or the same counterpart. Furthermore,the Parties may execute and deliver this Amendment by electronic Site No:274000 Site Name:JC Fire Station, MO means such as.pdf or similar format. Each of the Parties agrees that the delivery of the Amendment by electronic means will have the same force and effect as delivery of original signatures and that each of the Parties may use such electronic signatures as evidence of the execution and delivery of the Amendment by all Parties to the same extent as an original signature. 10. Governing Law. Notwithstanding anything to the contrary contained in the Lease and in this Amendment,the Lease and this Amendment shall be governed by and construed in all respects in accordance with the laws of the State or Commonwealth in which the Leased Premises is situated, without regard to the conflicts of laws provisions of such State or Commonwealth. 11. Waiver. Notwithstanding anything to the contrary contained herein,in no event shall Landlord or Tenant be liable to the other for, and Landlord and Tenant hereby waive,to the fullest extent permitted under applicable law,the right to recover incidental,consequential(including,without limitation, lost profits, loss of use or loss of business opportunity),punitive,exemplary and similar damages. [SIGNATURES FOLLOW ON NEXT PAGE] Site No:274000 Site Name:JC Fire Station, MO LANDLORD: City of Jefferson Missouri a Missouri municipal corporation Signature: / Print Name: �=R�C T: �fiPut.ne�n Title: MA vai2 �— Date: 2//�_ [SIGNATURES CONTINUE ON NEXT PAGE] APPROVEDAS TO FORM: �� City Counselor Site No:274000 Site Name:JC Fire Station, MO TENANT: American Towers LLC a Delaware limited liability company Signature: Y Print Name: awn Lanier Title: iceresicent -egal Date: Site No:274000 Site Name:JC Fire Station, MO EXHIBIT A This Exhibit A may be replaced at Tenant's option as described below PARENT PARCEL Tenant shall have the right to replace this description with a description obtained from Landlord's deed(or deeds)that include the land area encompassed by the Lease and Tenant's improvements thereon The Parent Parcel consists of the entire legal taxable lot owned by Landlord as described in a deed(or deeds) to Landlord of which the Leased Premises is a part thereof with such Parent Parcel being described below. ALL OF INLOTS NUMBERED 420 AND 421 IN THE CITY OF JEFFERSON, COUNTY OF COLE, STATE OF MISSOURI. LEASED PREMISES Tenant shall have the right to replace this description with a description obtained from the Lease or from a description obtained from an as-built survey conducted by Tenant. EIGHT HUNDRED SEVENTEEN (817) FEET WITHIN THE SITE SITUATED IN THE CITY OF JEFFERSON, COUNTY OF COLE, STATE OF MISSOURI, MORE COMMONLY KNOWN AS FIRE STATION 1, AND DESCRIBED AS FOLLOWS: A TRACT OF LAND IN THE INLOT 421 IN THE CITY OF JEFFERSON, IN SECTION 7, TOWNSHIP 44 NORTH, RANGE 11 WEST, COLE COUNTY, MISSOURI, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTHEAST UNE OF 20 FOOT WIDE ALLEY, BEING THE MOST SOUTHERN CORNER OF SAID INLOT 421 FROM WHICH A FOUND IRON ROD BEARS SOUTH 18 DEGREES 40 MINUTES WEST 1.89 FEET; THENCE NORTH 48 DEGREES 10 MINUTES 11 SECONDS WEST 19.00 FEET ALONG SAID NORTHEAST LINE OF 20 FOOT WIDE ALLEY TO AN IRON ROD (SET); THENCE NORTH 42 DEGREES 21 MINUTES 46 SECONDS EAST 65.00 FEET; THENCE SOUTH 48 DEGREES 10 MINUTES 11 SECONDS EAST 19.00 FEET TO THE SOUTHEAST LINE OF SAID INLOT 421; THENCE SOUTH 42 DEGREES 21 MINUTES 46 SECONDS WEST 65.00 FEET ALONG SAID SOUTHEAST LINE OF SAID INLOT 421 TO THE POINT OF BEGINNING OF THIS DESCRIPTION AND CONTAINING 1235 SQUARE FEET, MORE OR LESS. Site No:274000 Site Name:JC Fire Station,MO ACCESS AND UTILITIES The Access and Utilities Easements include all easements of record as well as existing access and utilities currently servicing the Leased Premises to and from a public right of way. A TRACT OF LAND IN THE INLOT 421 IN THE CITY OF JEFFERSON, IN SECTION 7, TOWNSHIP 44 NORTH, RANGE 11 WEST, COLE COUNTY, MISSOURI, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTHEAST LINE OF 20 FOOT WIDE ALLEY, BEING DISTANT NORTH 48 DEGREES 10 MINUTES 11 SECONDS WEST 19.00 FEET FROM THE SOUTHERNMOST CORNER OF SAID INLOT 421 FROM WHICH A FOUND IRON ROD BEARS SOUTH 18 DEGREES 40 MINUTES WEST 1.89 FEET; THENCE NORTH 48 DEGREES 10 MINUTES 11 SECONDS WEST 20.00 FEET ALONG SAID NORTHEAST LINE OF 20 FOOT WIDE ALLEY TO A POINT; THENCE NORTH 42 DEGREES 21 MINUTES 46 SECONDS EAST 43.00 FEET TO A POINT; THENCE SOUTH 48 DEGREES 10 MINUTES 11 SECONDS EAST 20.00 FEET TO THE SOUTHEAST LINE OF SAID INLOT 421; THENCE SOUTH 42 DEGREES 21 MINUTES 46 SECONDS WEST 43.00 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION AND CONTAINING 860 SQUARE FEET, MORE OR LESS. Site No:274000 Site Name:JC Fire Station, MO Prepared by and Return to: American Tower 10 Presidential Way Woburn,MA 01801 Attn: Land Management/David Guerette, Esq. ATC Site No:274000 ATC Site Name:JC Fire Station,MO Assessor's Parcel No(s):1103070002002005 MEMORANDUM OF LEASE This Memorandum of Lease(the"Memorandum")is entered into on the day of 201 by and between City of Jefferson Missouri,a Missouri municipal corporation ("Landlord")and American Towers LLC,a Delaware limited liability company("Tenant"). NOTICE is hereby given of the Lease(as defined and described below)for the purpose of recording and giving notice of the existence of said Lease. To the extent that notice of such Lease has previously been recorded, then this Memorandum shall constitute an amendment of any such prior recorded notice(s). 1. Parent Parcel and Lease. Landlord is the owner of certain real property being described in Exhibit A attached hereto and by this reference made a part hereof(the"Parent Parce!"). Landlord (or its predecessor-in-interest)and Tenant(or its predecessor-in-interest)entered into that certain PCS Site Agreement,dated September 15,1998(as the same may have been amended,renewed,extended, restated,and/or modified from time to time,collectively,the"Lease"),pursuant to which the Tenant leases a portion of the Parent Parcel and is the beneficiary ofcertain easements for access and public utilities,all as more particularly described in the Lease(such leasehold and easement rights and interests, collectively,the"Leased Premises"),which Leased Premises is also described on Exhibit A. 2. Expiration Date. Subject to the terms,provisions,and conditions of the Lease,and assuming the exercise by Tenant of all renewal options contained in the Lease,the final expiration date of the Lease would be September 14,2048. Notwithstanding the foregoing,in no event shall Tenant be required to exercise any option to renew the term of the Lease. 3. Leased Premises Description. Tenant shall have the right,exercisable by Tenant at any time during the original or renewal terms of the Lease,to cause an as-built survey of the Leased Premises to be prepared and,thereafter,to replace,in whole or in part,the description(s)of the Leased Premises set forth on Exhibit A with a legal description or legal descriptions based upon such as-built survey. Upon Tenant's request, Landlord shall execute and deliver any documents reasonably necessary to effectuate such replacement,including,without limitation,amendments to this Memorandum and to the Lease. 4. Right of First Refusal. There is a right of first refusal in the Lease. Site No:274000 Site Name:JC Fire Station, MO 5. Effect/Miscellaneous. This Memorandum is not a complete summary of the terms,provisions and conditions contained in the Lease. In the event of a conflict between this Memorandum and the Lease, the Lease shall control. Landlord hereby grants the right to Tenant to complete and execute on behalf of Landlord any government or transfer tax forms necessary for the recording of this Memorandum. This right shall terminate upon recording of this Memorandum. 6. Notices.All notices must be in writing and shall be valid upon receipt when delivered by hand,by nationally recognized courier service,or by First Class United States Mail,certified,return receipt requested to the addresses set forth herein;To Landlord at:320 East McCarty St.,Jefferson, MO 65101, To Tenant at:Attn:Land Management 10 Presidential Way,Woburn,MA 01801,with copy to:Attn Legal Dept.116 Huntington Avenue, Boston, MA 02116. Any of the parties hereto,by thirty(30)days prior written notice to the other in the manner provided herein,may designate one or more different notice addresses from those set forth above. Refusal to accept delivery of any notice or the inability to deliver any notice because of a changed address for which no notice was given as required herein,shall be deemed to be receipt of any such notice. 7. Counterparts. This Memorandum may be executed in multiple counterparts,each of which when so executed and delivered,shall be deemed an original and all of which,when taken together,shall constitute one and the same instrument. 8. Governing Law, This Memorandum shall be governed by and construed in all respects in accordance with the laws of the State or Commonwealth in which the Leased Premises is situated,without regard to the conflicts of laws provisions of such State or Commonwealth. [SIGNATURES FOLLOW ON NEXT PAGE] Site No:274000 Site Name:JC Fire Station, MO IN WITNESS WHEREOF, Landlord and Tenant have each executed this Memorandum as of the day first above written. LANDLORD WITNESS City of Jefferson Missouri a Missouri municipal co r ratio Signature: O Signature: Print Name: rt L. wis Print Name: CR,-c -J. . k&e2 r✓ Title: aQank Signature Date: Print Nam : / r WITNESS AND ACKNOWLEDGEMENT State/Commonwealth of n County of ( _N(o On this 2&- day of d!IV 6--r 201 ,before me,the undersigned Notary Public, personally appeared 1:5*1� I-- personally personally known to me (or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument,the person(s)or the entity upon which the person(s)acted,executed the instrument. H V.COVERWITNESS my hand and official seal. tc-Notary Sealf Missouri for Boone CounV IM i es:October 09,umber:12822080 t ublic Print Name: V l o✓O-r' My commission expires: 0 as /IQ [SEAL] [SIGNATURES CONTINUE ON NEXT PAGE] Site No:274000 Site Name:JC Fire Station, MO TENANT WITNESS American Towers LLC a Delaware limited liability comppaannyy' 1-41 Signature: Y Signature: o' Print Name: P.ha n Leni2r Print Name: a� Title: silent Lea v Date: Signature: Date: WITNESS AND ACKNOWLEDGEMENT Commonwealth of Massachusetts County of Middlesex Y� On this 1 J y of 0, 201_4, before me,the undersigned Notary Public, personally appeared r a I personally known to me (or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument,the person(s)or the entity upon which the person(s)acted,executed the instrument. WITNESS my hand and official seal. L/ Notary ublic P a e: My commission expires: 40 [SEAL] NICOLE C.MONTGOMERY Notary Public A Commonweatlh of AAassachuseffs MY Com 21251201 ies ApilSite No:274000 Site Name:JC Fire Station, MO EXHIBIT A This Exhibit may be replaced at Tenant's option as described below PARENT PARCEL Tenant shall have the right to replace this description with a description obtained from Landlord's deed(or deeds)that include the land area encompassed by the Lease and Tenant's improvements thereon The Parent Parcel consists of the entire legal taxable lot owned by Landlord as described in a deed (or deeds) to Landlord of which the Leased Premises is a part thereof with such Parent Parcel being described below. ALL OF INLOTS NUMBERED 420 AND 421 IN THE CITY OF JEFFERSON, COUNTY OF COLE, STATE OF MISSOURI. LEASED PREMISES Tenant shall have the right to replace this description with a description obtained from the Lease or from a description obtained from an as-built survey conducted by Tenant. EIGHT HUNDRED SEVENTEEN (817) FEET WITHIN THE SITE SITUATED IN THE CITY OF JEFFERSON, COUNTY OF COLE, STATE OF MISSOURI, MORE COMMONLY KNOWN AS FIRE STATION 1, AND DESCRIBED AS FOLLOWS: A TRACT OF LAND IN THE INLOT 421 IN THE CITY OF JEFFERSON, IN SECTION 7, TOWNSHIP 44 NORTH, RANGE 11 WEST, COLE COUNTY, MISSOURI, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTHEAST UNE OF 20 FOOT WIDE ALLEY, BEING THE MOST SOUTHERN CORNER OF SAID INLOT 421 FROM WHICH A FOUND IRON ROD BEARS SOUTH 18 DEGREES 40 MINUTES WEST 1.89 FEET; THENCE NORTH 48 DEGREES 10 MINUTES 11 SECONDS WEST 19.00 FEET ALONG SAID NORTHEAST LINE OF 20 FOOT WIDE ALLEY TO AN IRON ROD (SET); THENCE NORTH 42 DEGREES 21 MINUTES 46 SECONDS EAST 65.00 FEET; THENCE SOUTH 48 DEGREES 10 MINUTES 11 SECONDS EAST 19.00 FEET TO THE SOUTHEAST LINE OF SAID INLOT 421; THENCE SOUTH 42 DEGREES 21 MINUTES 46 SECONDS WEST 65.00 FEET ALONG SAID SOUTHEAST LINE OF SAID INLOT 421 TO THE POINT OF BEGINNING OF THIS DESCRIPTION AND CONTAINING 1235 SQUARE FEET, MORE OR LESS. Site No:274000 Site Name:JC Fire Station,MO ACCESS AND UTILITIES The Access and Utilities Easements include all easements of record as well as existing access and utilities currently servicing the Leased Premises to and from a public right of way. A TRACT OF LAND IN THE INLOT 421 IN THE CITY OF JEFFERSON, IN SECTION 7, TOWNSHIP 44 NORTH, RANGE 11 WEST, COLE COUNTY, MISSOURI, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTHEAST LINE OF 20 FOOT WIDE ALLEY, BEING DISTANT NORTH 48 DEGREES 10 MINUTES 11 SECONDS WEST 19.00 FEET FROM THE SOUTHERNMOST CORNER OF SAID INLOT 421 FROM WHICH A FOUND IRON ROD BEARS SOUTH 18 DEGREES 40 MINUTES WEST 1.89 FEET; THENCE NORTH 48 DEGREES 10 MINUTES 11 SECONDS WEST 20.00 FEET ALONG SAID NORTHEAST LINE OF 20 FOOT WIDE ALLEY TO A POINT; THENCE NORTH 42 DEGREES 21 MINUTES 46 SECONDS EAST 43.00 FEET TO A POINT; THENCE SOUTH 48 DEGREES 10 MINUTES 11 SECONDS EAST 20.00 FEET TO THE SOUTHEAST UNE OF SAID INLOT 421; THENCE SOUTH 42 DEGREES 21 MINUTES 46 SECONDS WEST 43.00 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION AND CONTAINING 860 SQUARE FEET, MORE OR LESS. Site No:274000 Site Name:JC Fire Station, MO