HomeMy WebLinkAboutRES.501.03-05-1990 BILL N0. 90-6 RESOLUTION N0. �� �
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ENTER INTO A MUTUAL AGREEMENT TO TERMINATE LEASE
WITH MID-STATES AEROMOTIVE, INC.
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 enter into a
Mutual Agreement to Terminate Lease with Mid-States Aeromotive,
Inc. A copy of said Agreement is attached to this Resolution and
made a part hereof .
PASSED AND ADOPTED THIS �� DAY OF , 19 QD
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Fr cis E. Rhodes, Mayor
ATTEST:
�
uli A. Dale
e y City Clerk
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P9UTUAL AGREEMENT TO TERMINATE LEASE
This Mutual Agreement made and entered into this ��� "�day of
March, 1990 , by and between the City of Cape Girardeau, Missouri ,
a Municipal Corporation of the State of Missouri , hereinafter
referred to as " Lessor" , and Mid-States Aeromotive, Inc . , a
corporation orqanized and existinq under the laws of the State of
Missouri , and duly authorized to transact business in the State of
Missouri , hereinafter referred to as "Lessee" , is as follows :
l . The parties had previously entered into a Lease Agreement
dated January 5 , 1978 , whereby the Lessor agreed to lease to
Lessee certain premises located at the Cape Girardeau Municipal
Airport , which premises are described in that Lease Agreement .
2. The original term of said Lease Agreement was to expire
on the 31st day of December , 1998 , but the parties now desire to
terminate their relationship as established in the above
referenced Lease Agreement so that the Lessor may enter into a new
lease with other tenants .
3. After an examination of the financial records of Lessee,
the parties agree that Lessee owes to Lessor the additional sum of
Three Thousand Dollars and Seventy-Eight Cents ($3, 000 . 78 ) as
rental under the Lease Agreement . Lessee does hereby pay said sum
contemporaneously with the execution of this Mutual Agreement to
Terminate Lease and by its execution of this Aareement, Lessor
acknowledges receipt of said sum. The parties hereto agree that
all rents due and payable under the original Lease Agreement have
now been paid .
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4 . The parties hereto agree to release one another from all
future claims which arise after the execution of this Mutual
Agreement to Terminate Lease, but the parties specifically reserve
the right to enforce any rights under this Lease which may have
accrued prior to the execution of this Mutual Agreement .
IN WITNESS WHEREOF, the parties hereto have caused this
instrument to be executed as of the day and year first above
written at Cape Girardeau , Missouri .
CITY OF CAPE GIRARDEAU, MISSOURI
/ rLt i'� �L,
, onald Fischer , City Manager
ATTEST: �
Jul ' a e, Dep y ' y er
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MID-STATES AEROMOTIVE, INC.
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(i' � �.?
John M. Farquha Sr . , Presi ent
ATTEST: ;�
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= Evely P. Schenimann, Secretary
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STATE OF MISSOURI )
) ss
COUNTY OF CAPE GIRARDEAU )
On this �,�;,ti�� day of /l�/�1^�> �� , 19 %(,� , before me
appeared J. Ronald Fischer , to me personally known, who, beinq by
me duly sworn, did say that he is the City Manaqer of the City of
Cape Girardeau, Missouri , a Municipal Corporation of the State of
Missouri , and that the seal affixed to the foregoing instrument is
the seal of said City and that the said instrument was signed and
sealed on behalf of said City by authority of its City Council and
acknowledqed said instrument to be the free act and deed of said
City .
IN TESTIMONY 4�HEREOF, I have hereunto set my hand and affixed
my official seal , at my office in Cape Girardeau, Missouri , the
day and year first above written .
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1 � � �
� ����,� ����t..,�
Delores G. Needham, Notary Public
My Commission Expires :
October 8 , 1992
STATE OF MISSOURI )
) ss .
COUNTY OF CAPE GIRARDEAU )
rT�.,
On this ' ` day of �� ' :�,-ti �-- , 1990 , before me
appeared John M. Farquhar, Sr . , to me known, who, being by duly
sworn, did say that he is the President of Mid-States Aeromotive ,
Inc . , and that the seal affixed to the foreQoing instrument is the
corporate seal of said corporation, and that said instrument was
sianed and sealed in behalf of said corporation, by authority of
its Board of Directors ; and said John M. Farcruhar, Sr .
acknowledcted said instrument to be the free act and deed of said
corporation .
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed
my official seal in the County and State aforesaid, the day and
year first above written .
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My Commissicn Expires : Type Name of Notary Pub ic
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