HomeMy WebLinkAboutCityMgrForm.23.11-18-1965CITY MANAGEMENT FORM ORDINANCE NUMBER
ORDINANCE AUTHORIZING THE CITY OF CAPE GIRARDEAU TO LEASE
REAL ESTATE 'XO THE DEPARTMENT OF NAVY, THE UNITED SIAIES,
FOR A NAVAL ARMORY
WHEREAS, Resolution dated November ,1964, was passed
authorizing the City of Cape Girardeau to obtain an option for the purchase of
ti
real estate for lease to the Departmext of Navy, the United States, for a
Naval Armory, which option was in favor of the City of Cape Girardeau for
the purchase of real estate owned by Eula Tow, located in the City of Cape
Girardeau, Missouri, for the sum of Fifty Thousand Dollars ($50, 0000 00),
Five Thousand Dollars ($5, 000, 00) of which was paid at the time of the giving
of the option, which real estate is described more fully as follows:
Part of what is known as the N Wo 1/4 of Outlot
No, 80, inU. So Private Survey No. 2199, To 31 N. ,
R. 13 E..1 in the City and County of Cape Girardeau,
State of Missouri, described as follows:
Begin at the S. W. corner of the No W 1/4 of Outlot
No. 80, same being the intersection of the extreme
north line of Arena Park and the east line of Block 1,
Rodney Vista Park; thence N. 6' ZO' Ea , along the W.
line of Outlot 80, 5Z6a 0 feet, thence So 83' 19' E.,
parallel to the S. line of the Na W. 1/4 of Outlot No.
80, 256, 5 feet, thence in a southeast direction to a
point on the S. line of the N. W. 1/4 of Outlot No. 80,
from which point the Sm W. corner of said N. W. 1/4
of Outlot Na 80 bears Na 8r 19' W., 406, 0 feet;
thence No 83'k 191 We , along the So line of said No Wo
1/4 of Outlot No, 80, 406, 0 feet to the point of be-
ginning, containing 4e 00 acres,
and, -
WHEREAS, The Department of Navy, The United States, has
presented to the City of Cape Girardeau a lease to the land mentioned herein
on which a Naval Armory is contemplated, and the Department of Navy, the
United States, has indicated by letter that it is desirous of entering into such
Lease with the City of Cape Girardeau of said land, together with an additional
eighty-five hundredths acres lying immediately south of the land purchased from
- Page Two -
Eula. 'low and immediately north of Maria Louise Lane, which proposed Lease
is attached to this ordinance and labeled Exhibit A and made a part hereof as
though fully incorporated herein, and
WHEREAS, City Manager Form Ordinance Number a �' was passed
and approved by the City of Cape Girardeau November 15th, 1965, authorizing
the City of Cape Girardeau to exercise such option and to purchase said real
estate, and said real estate was purchased by the City of Cape Girardeau from
the said Eula Tow on November 15th, 1965, and the City is now the owner of
such real estate, and as such able to enter into the proposed Lease labeled
Exhibit A, as the Lessor and owner of such real estate,
NOW, THEREFORE, BE 11 ORDAINED BY THE CITY COUNCIL
OF THE CITY OF CAPE GIRARDEAU, MISSOURI, as follows:
SECTION 1, That the City Council shall enter into the Lease labeled
Exhibit A with the United States of America, leasing under the terms of such
Lease the following described real estate:
part of what is known as the Northwest 1/4 of Outlot Noo
80, in U. S. Private Survey No, 2199, T. 31 N , Rq 13
E. , in the City and County of Cape Girardeau, State 0f
Missouri, described as follows:
Beginning at the intersection of the east line of Block 1,
Rodney Vista Park and the North line of Maria Louise Lane;
thence North 6� 201 East along the West line of Outlot 80,
635 feet; thence South 83' ,19` East parallel to the South line
of the Northwest 1/4 of Outlot No. 80, 256, 5 feet; thence in a
southeasterly direction 624 feet to a point on the North line
of Maria Louise Lane; thence Westerly along North line of
Maria Louise Lane 428 feet to the point of beginning; contain-
ing 4.85 acres more or less.
SECTION 2� That the Mayor of the City of Cape Girardeau and
the Clerk, and any otherproper officers of the City be directed to take any and
all action that may be necessary to sign and execute such lease for and on be-
half of the City of Cape Girardeau, and to take any and all action that may be
necessary to complete said lease transaction with the United States of Americas
- Page Three -
SECTION 3. This Ordinance shall be in force and take ktffect
ten days after its passage and approvaL
Passed and approved this IT ,16 day of November, 19650
Mayor
Attest:
1
City Clerk
NO7(ft-)-69567
LEASE
BEIUM
TIE CITY OF CAPE GZWADFAU,, PUBSOURI
ME
THE UNITED ATES CF AMBUGA
1. T48 L&4M-,* mde, and entered into this 6th day of December I
1965, by and between the MY OF CAPE, GIF4kR-rjs&u,* xiSsOUXIo W -hose address is
City Hall.4 Cape G-Irarde". , .sus i.* for itseI4 its successors and assigaso
hereinafter called the Lessor, andthe WIm,=- SUES OF AaRIGA_, hereinafter
called the Government:
W-ITMSF,TH.- The parties hereto,, for the considerations herainaft.-ar
mentioned,, covenant, and agree as followsA
Lessor hereby leases to the Government the follow-ing
described pramises.* VizI*O
Part of what is knova as the HorVbwest 41 of Ott No* 80,,
S. ?x-tvate Survey No. 2199,o T-31 X -s R.,13 Z,., in the
City and County of Cape Girardeau., State of Missouri*
described as follows:
Beginning at the intersection of the east Una of Block 11
Rodney Vista Ilark and the North line of Haria Louise Lane,%
tbance North 60 20, East along the West line of Oudot 80,
635 feet; -thence South 830 19* East parallel to the South
., 80 .5
line of the Northwest of Oudot No 256 feet;
thence in a soatheastarly arection 624 feet to a point Oa
the North liae of Xarla Louise "ne; thence Westerly along
Nam h line, of Maria Louise Lane 428 feet to U6 point of
beginning -containing 4#85 acres more or less.
0
to be used exclusively for Govermient perp oses*
To WS AND TO HOLD the said premises vith their appurtenances
for the term begianing 6 December 1965 and awUng 30 June 1966.
4. The Goverament, shall not assign this lease in any eveat* and
shall not sablet the de .sed premises eccapt to a desirable tanaat,. subject
to the approval of Ule Lessor-
A AS loose may4 at the anon of the %vorummat, be renewed from
yeAr to year at a rontal of ope B1lar qj.00) per am and shernse
00A the WAO and Wditiwts harsIA spa&ried, provided notice be z0va
;Mit-444cIg 'to %t�e �,Laasor at least Wirty- (30) days More t""41's lea'se or
any raneval Wreof wDuld otbgruize expirve; Avoidsd that to rguawal
30th day at June 200, and provided furtber that, all such noticoo of
ren=may be giVen Oubjeat Q WrOPAWOns ky Congress for the
ensuing ter,
Q The Goverament Wal! pa7 the Lestory as rent t promiseq
the sun of One Dollar U000) par yaar. ,a,-fweant zitzali be �tmaiu at, us
and of each year upon reompt bY the U. S. Navy 213ance Sao,Qxr—le"a
Latta, of invoicea duly eartified QtDirector, Midwest DivisionSman ot TWO and WAS, Building UQ GreAt Lakes, Illinois.
7; During tie existence of this lease, taxa Nvaramout still have
00 AM to WO Wazational to attaoh rixtures or signs$ and to eraA
structares or a ditions upon tie ;mwass hervoy jaaaedi such alteratioaq.
fixturaq SigAS,structures or WKWUS Rall bt and rma�,, the piroperty
of the Covernmant and -may, be rvanved thereMom, in Kole or in paxtj*
prior to the tervination or this lea% or w.� tjjjn a tl-�*
thareafteVS or, at Its electk% thO Qvvrtgant may QaOdoa any or all.
of themo
80 The teaser wrobv SPOW1041Q: re14-aves u4 Goverai;wzt,* iu;
officern almats; vi ods and assigne of and Asm Q11 manner a claims*
1",,4 or eq,41,ableo to resta-re, the Mnre Uizaz covered bevel, to tht condition
exIsting as of tba j*ggonoemtat date beraof*
94 The Governmeot agreas to matai the prances and er
arocted Mrson, at all times aad at its own ozp6raao in an ordtzly aad
Proper M8444%
10. In event tho Government does not commonae coastruotioa of a
Wining Coater on said promises wltbla thrum yetis from ths beginning
date hereof, the Lessoro at ita optioq ozy-teminate WS least om-
nicety (90) days WHO* not ite to th& 04-varament,
E]
1l* The Mtrument umytevvinate this lease at aty tiae hey giAng
testy (30) days votice, In vrritingp to tba :ower, aad no rental. shall
accrue after the afRetive date of terms z&p,
12* No goomfboor of, or de1ale to Congress, or r*sident tovaissionerl
shall be adhitted to any Wre orpaxt of this lease or to azy benaftit
that may Wee therefrom; but Qis prevision Wall pot be oonstrued to
extend to this lea, If moade 4th a corporation for its gerEvral benefit,
Q* The Lesser vaxrantz that no parzon ar selliag agency has been
employad or retained to salitit or secure this lwaso, upon agreement or
undevatandiag$ Tor a commission, percentage, brokerageo or contiogent A,
excepting bona fide employees or bona fide a4tablishad commercial or
selling agancies maintained tV the Wasor for tlhs jaurpose of ascar.'Lag
Winess* Foar breach or vi-cAation of this warron!7, the Governgent shall
bavv the rigbt to an this leaze wAtbout liability ar, inits discistiot*
to dedtot Emla 4a, rent,,04. or consideratioq tha full =-ount of each
zoamw-mrissiwn, percentage, Ask eragel ori" contingpQ foe, The over neat agrees
that this eavenant shall not apply to licensed real estate agents ParArming
their norms. functions.
14 � Ths Govarnmeat. may, Py written Mine to the lessor, termunate
the rights of the lessor under this lease if it is found, after nauce aAd
bea,ring by the Seeratary of the Maly or h10 daly awthoxizad repxasentative,
that giatuities (in the Ar,of entertWumeat, giftso or wthere) were
Wered or givet by the Lessor, or any agent or represeVati7s of the Lessor,
to any officer or emplayee of the Government with 4 view toward securing a
lease or seenriig Avarshla treatanst with respeot to the awarding wor
arminding, or the makiag of any determination Ath rezpoot to the perforying
of such lease; VoYAQ that the existence of the AM upoa whith t -he
Secottarr or his Sly autharWd representative zakas such WaWgs shall
be in issue and. may be rd A any compateat ocurt. 14 the event this
lease is so terminated, the Government aball ba eats tled (i) to pursae the
sazz romp as against the Lesser as it oauld.purmza ia the evan t of a
bTezzh of the contract by the Lessor, and (A) as a penalty in aMition to
any o damages to which it may be entitled by law$ to szemplary damages
in an amount (as determined by the Secretary or his duly authorized
representative) wtticei shall be not less than three nor more than ten ti ites
the cost Incurred by tne lessor in provi6iag such gratuities tj any such
of or em,)loyae. ._�ne rid-,hts nad raiiiedies us the aoViumment provided
in Tnis clause snall not be exclusive and are in addition to any other
rignta ano -einedica provided in law or under ttiis lease.
15* 111his lease is entered into as ;-1 result Of negotiations pursuant
4.
VQ tl-&, au-.dority of ;Title 1,�}y -(,ati,s (;ode 23v4(a,, (IJ), and any
uecessar7 determina-Lions and findiagss or otaer supportitia sjLter�c-rit of
justifica'."ions prescribed by t.is act have been ma -da,,
the oart.ias nereLu hav-,, hereunto subscribed their
riama,i a3 of ua�j: j&Le first i=ve writ -(,en,
In Dresance of
714a1118) Verna L. Landis
City Clerk
Common Pleas Court
-��r d
)Cape Girardeau,
Witness:
LLQ ; S CR t
CITY OF PAPE GIRARDEAU
4V -C
iia-fi_-: Charles A. Hood
Title., Mayor, City of Cape Girardeau
z. -1,3 0 Vr711ICA
ommander CECT USN
By, dire )a of the Chief, 911reau of
Yards and �=ks, noting under the
direction of the. .3scret-ary of the Navy.
(If Lessor is a corooration, ti -e folloving aertifiente shall be
=ecuted by the secretary or assistant secretarya)
certi.y that the ?erson wfto signed tiLie lease on behalf Of the Lessor
was thea the officir indica-ced., and tftis lease was dicey signed for and in
behalf of raid coroorzati-on by authority of its Foveraing body-, anil, is
within the scone of its cornorate ,),3werso
((;or -)orate 5 aly-
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