Board Bill Number 11 In Session 2013-2014

Summary

BOARD BILL # 11 INTRODUCED BY ALDERMAN STEPHEN CONWAY 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 for the Exchange of Property ("Agreement") substantially in the form as set out in ATTACHMENT "1" to this Ordinance, 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 NorthPark Partners, LLC, a Missouri corporation ("NorthPark"), providing for the sale and exchange of approximately 1.23 acres of property owned by St. Louis and located in St. Louis County ("St. Louis Property"), which is more fully described in Section 1.A of the Agreement and Exhibit "A" thereto entitled "Legal Description of St. Louis Property", for approximately 1.23 acres of property owned by NorthPark and located in St. Louis County (the "NorthPark Property"), which is more fully described in Section 1.B of the Agreement and Exhibit "B" thereto entitled "Legal Description of NorthPark Property", subject to and in accordance with its provisions, and to the applicable rules and regulations of the Federal Aviation Administration ("FAA") and the applicable provision of the Airport's Amended and Restated Indenture of Trust between UMB Bank, N.A., Trustee, dated October 15, 1984 as amended, and Restated on September 10, 1997 as amended; authorizing and directing the Mayor and the Comptroller of St. Louis to enter into and execute on behalf of St. Louis the quit claim deed substantially in the form as set out in Exhibit "E" to the Agreement entitled "Form of Quit Claim Deed for St. Louis Property", remising, releasing, conveying, and forever quit-claiming unto NorthPark, its successors in interest and assigns, the St. Louis Property subject to the easement and restrictive covenants as defined and provided for in said quit claim deed; authorizing and directing the Mayor and the Comptroller of St. Louis to enter into and execute on behalf of St. Louis, a quit claim deed substantially in the form as set out in Exhibit "F" to the Agreement entitled "Form of Quit Claim Deed for NorthPark Property", remising, releasing, conveying, and forever quit-claiming unto St. Louis its successors in interest and assigns, the NorthPark Property subject to its provisions; authorizing and directing the Mayor and the Comptroller of St. Louis to enter into and execute on behalf of St. Louis an "Easement Agreement", substantially in the form as set out in Exhibit "C" to the Agreement entitled "Form of Utility Easement Agreement", whereby NorthPark is granting to St. Louis a perpetual and exclusive easement under certain property owned by NorthPark and more fully described in the Easement Agreement for the purpose of installing, repairing and maintaining St. Louis' glycol recovery lines, subject to the provisions of the Easement Agreement; 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 a "Temporary Use Permit", substantially in the form as set out in Exhibit "D" to the Agreement entitled "Form of Temporary Use Permit", between St. Louis and NorthPark, whereby St. Louis is granting to NorthPark a temporary right of access over the "Permit Area" (as defined and provided for in Section 3 and Exhibit D of the Agreement) for the purpose of making cuts and sloping of the property within the Permit Area, subject to the provisions of the Temporary Use Permit; conditioning the execution and delivery by St. Louis of the agreements, documents, and instruments contemplated in this Ordinance on the FAA's prior written approval of: a) the sale and exchange of the St. Louis Property for the NorthPark Property and b) any other related matter required to be submitted to and approved by the FAA; 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 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, and instruments approved and/or authorized by this Ordinance; and containing a severability clause and an emergency clause.

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