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Home My WebLink AboutRES.1453.04-19-1999 BILL NO. A-�� RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT FOR SALE OF BUILDING WITH PREMIER EXPRESS, INC. , FOR A HANGAR AT THE CAPE GIRARDEAU REGIONAL AIRPORT BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City Manager, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute a Contract for Sale of Building with Premier Express, Inc. , for a hangar at the Cape Girardeau Regional Airport. A copy of said Contract is attached to this Resolution and made a par hereof. ASSED AND ADOPTED THIS � DAY OF , 19�",� . A. M. Spradling, III, y r �.�,�. ATTE��'3�_ ��;j'',' ;�`� � �`; : : ; `y . t r�i �t�+`. � � ,I;�cy, ; eedy �D��ut�� Cle;�k` ,,. J��'� -r , ' , �• ,i CONTRACT FOR SALE OF BUILDING T� s Agree nt, made and entered into this �� day of , 19�, by and between the City of Cape Girardeau, souri, a Municipal Corporation, hereinafter called "Purchaser" and Premier Express, Inc. , a Missouri Corporation, hereinafter referred to as "Seller" . For and in consideration of the mutual covenants, terms and conditions contained herein, the parties agree as follows: SECTION 1. DESCRIPTION OF PROPERTY. The Seller agrees to sell and convey and the Purchaser agrees to purchase a building commonly referred to as the "Lipps Hangar" , located on the following described property: Part of City of Cape Girardeau, Missouri Regional Airport, as plotted on City of Cape Girardeau Engineering Division Drawing Number 94023 , more particularly described as follows: Commencing at the North West Corner of Lot 1 at the City of Cape Girardeau Airport in Scott County Missouri as shown on Engineering Division Drawing Number 94023 dated January 10, 1995; thence South 89� 39 ' 20" West, 120. 00 feet to the True Point of Beginning; thence South 00� 28 ' S6" East, 190. 00 feet to a point at the a edge of the concrete apron; thence South 89 39 ' 20" West along the north edge of the concrete apron, 95. 00 feet to a point; thence North 00� 28 ' S6" West, 190. 00 feet to a point; thence North 89� 39 ' 20" East, 95. 00 feet to the True Point of Beginning. Containing 0. 414 acres, more or less. free and clear of all liens, mortgages, security interests or encumbrances of any kind, together with all fixtures contained therein, plus all personal property remaining in said building on the closing date. SECTION 2 . PURCHASE PRICE. The Purchaser agrees to purchase the building and other items described in Section 1 hereinabove, subject as aforesaid, and to pay therefor the sum of One Hundred Five Thousand Dollars ($105, 000. 00) in full, cash in hand, on the closing date. SECTION 3 . WARRANTY. Seller hereby warrants that it is the sole legal owner of the building referred to in Section 1 hereinabove, as well as all ,.. fixtures, and all articles of personal property remaining in said building on the closing date, and that it has the sole legal right to convey said building, fixtures and other personal property, pursuant to this contract, free and clear from all liens and encumbrances except as herein stated. SECTION 4. PERSONAL PROPERTY. Al1 fixtures and articles of personal property attached or appurtenant to or used in connection with said building are represented to be owned by the Seller, free from all liens and encumbrances except as herein stated, and are included in this sale; without limiting the generality of the foregoing, such fixtures and articles of personal property include any plumbing, heating, lighting fixtures, air conditioning fixtures and units, refrigerators, radio and television aerials, bathroom and kitchen cabinets, venetian blinds, shades, screens, windows, doors, mail boxes, and pumps. SECTION 5. DELIVERY OF TITLE/CLOSING DATE. Title to the building, and all fixtures and articles of personal property included therein, shall be delivered upon the receipt of said payment referred to in Section 2 hereinabove no later than May 10, 1999, said date of payment being the "Closing Date" . All necessary title documents shall be in proper form for recording, and shall be duly executed and acknowledged, so as to convey to the Purchaser a clear title to the building, along with all fixtures and other articles of personal property included therein, free from all liens and encumbrances, except as herein stated. SECTION 6. POSSESSION. The parties agree that the Purchaser may enter into and take possession of the premises on the 20th day of April, 1999 . SECTION 7. CANCELLATION OF LEASE. On June 3 , 1997 , the parties entered into a document entitled "Airport Lease" , with the Purchaser herein as "Lessor" leasing the land referred to in Section 1 hereinabove to Seller herein as "Lessee" . On May l, 1999, by virtue of this Contract for Sale, that "Airport Lease" for said real estate will be cancelled and Seller will have no further liability for any rental payment accruing on or after that date. SECTION 8. SALE AS IS. The Purchaser has inspected and carefully examined the above described building, together with all fixtures and personal property located therein, and neither the Seller nor any other person on Seller's behalf has made any representations, 2 � r warranties, or agreements as to the value, condition, quality, or suitability of said property. SECTION 9. SUCCESSORS IN INTEREST. This Contract shall be binding upon the parties hereto, their heirs, personal representatives, executors and administrators, successors and assigns. SECTION 10. ORAL MODIFICATIONS. This Agreement may not be changed orally, but only by an agreement in writing signed by the party against whom enforcement of any waiver, change, modification or discharge is sought. SECTION 11. SIGNATURE. The parties acknowledge that they read and agree to the terms and conditions of this Con ct, and that the undersigned are duly authorized to sign s Contrac for and on behalf of the parties, and that this ��reement wi become legally binding upon their signing below: CITY F CAPE GIRARDEAU, MISSOURI � � ATTEST• 'c ael G. Miller, City Manager � � Lois J. T eedy DATE: , � � Deputy City Clerk PREMIER EXPRESS, INC. ATTEST: J y Li , Pr ident ��1• _ ar,is L. Brumbaugh, Secre ry � I�' I J�� - DATE: � �-l�I 3