Board Bill Number 318 In Session 2008-2009

Summary

BOARD BILL # 318 INTRODUCED BY ALDERWOMAN PHYLLIS YOUNG An ordinance recommended by the Airport Commission, the Board of Public Service, and the Board of Estimate and Apportionment authorizing and directing the Director of Airports and the Comptroller of the City of St. Louis ("St. Louis") to enter into and execute on behalf of St. Louis an Agreement and Contract of Sale substantially in the form as set out in EXHIBIT "1" to this Ordinance ("Sale Agreement"), which is attached hereto and incorporated herein, between St. Louis, the owner and operator of Lambert-St. Louis International Airport® ("Airport"), which is located in St. Louis County, Missouri, and Drury Displays, Inc., a Missouri corporation ("Drury"), providing for the purchase by St. Louis from Drury of certain property located in St. Louis County (the "Roadway Property"), which is more fully described in Section 1 and ATTACHMENT "1" of the Sale Agreement, subject to and in accordance with its provisions; authorizing and directing the Mayor and the Comptroller of St. Louis to enter into and execute on behalf of St. Louis in accordance with the terms of the Sale Agreement, a Special Warranty Deed substantially in the form as set out in ATTACHMENT "6" to the Sale Agreement (the "Special Warranty Deed"), selling and forever conveying to St. Louis, its successors in interest and assigns, the Roadway Property subject to the matters of record as provided for in the Special Warranty Deed; authorizing and directing the President of the Board of Public Service and the Director of Airports to enter into and execute on behalf of St. Louis, in accordance with the terms of the Sale Agreement, a Special Use Permit, substantially in the form as set out in ATTACHMENT "2" to the Sale Agreement (the "Special Use Permit"), between St. Louis and Drury, purchasing from Drury a temporary right of access over the special use permit area including the right to store equipment and supplies on the special use permit area owned by Drury for a period of one hundred eighty (180) days as provided for in the Special Use Permit; authorizing and directing the Director of Airports and the Comptroller of St. Louis to enter into and execute on behalf of St. Louis in accordance with the terms of the Sale Agreement a Billboard Lease Agreement AL-502 substantially in the form as set out in ATTACHMENT "3" to the Sale Agreement (the "Billboard Lease Agreement"), between St. Louis and Drury, granting to Drury, subject to the provisions of the Billboard Lease Agreement, the right and privilege to construct, repair, and operate a billboard on the "Lease Premises" as defined therein, for a term expiring on the twentieth (20) anniversary of the last day of the month in which construction of the billboard is completed, as provided for therein; authorizing the execution of the Access Permit, in accordance with the terms of the Sale Agreement, substantially in the form as set out in ATTACHMENT "4" to the Sale Agreement (the "Access Permit"), between St. Louis and Drury, granting Drury a non-exclusive right of access over the access permit area owned by St. Louis for the sole purpose of pedestrian or vehicular ingress and egress to and from the Lease Premises over a road to be constructed and maintained by Drury within the access permit area with a term ending at the expiration or early termination of the Billboard Lease Agreement, as provided for in the Access Permit; authorizing the execution of the Utility and Sight-Line Permit to the Lease Premises, subject to the terms of the Sale Agreement, substantially in the form as set out in ATTACHMENT "5" to the Sale Agreement (the "Utility Permit"), between St. Louis and Drury, granting Drury a non-exclusive right of access over the utility permit area owned by St. Louis for the sole purpose of installing and maintaining utility lines under the utility permit area required to provide utilities to the Lease Premises for a billboard sign and certain non-exclusive rights to maintain and protect the sight-line to the billboard on the Lease Premises from the adjacent highway right-of-way, as provided for in the Utility Permit; authorizing the Mayor, the Comptroller, the Register, the City Counselor, the Director of Airports, and other appropriate officers, agents, and employees of St. Louis, with the advice of the Director of Airports, to enter into and execute on behalf of St. Louis and in St. Louis' best interest any attendant or related documents, agreements, permits, amendments, affidavits, certifications, or instruments deemed necessary to effectuate the terms set forth in the Sale Agreement, and/or deemed necessary to preserve and protect St. Louis' interest, and/or to take such actions as may be necessary or appropriate in connection with the consummation of the transactions contemplated herein; providing that the provisions set forth in this Ordinance shall be applicable exclusively to the agreements, documents, permits, affidavits, certifications, and instruments approved and/or authorized by this Ordinance; and containing severability and emergency clauses.

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