Ordinance 70909

Summary

An ordinance recommended by the Airport Commission and the Board of Estimate and Apportionment authorizing and directing the Director of Airports and the Comptroller of The City of St. Louis ("City") to enter into and execute on behalf of the City a Second Restated and Amended Lease Agreement Northern Tract Site (AL-094) (the “Lease Agreement AL-094”) substantially in the form as set out in ATTACHMENT “1” to this Ordinance, which is attached hereto and incorporated herein, between the City, the owner and operator of St. Louis Lambert International Airport® (“Airport”), which is located in St. Louis County, Missouri, and Bi-National Gateway Terminal, LLC, a limited liability company organized and existing under the laws of the State of Missouri granting to the Lessee the right to occupy and use the “Leased Premises” consisting of approximately 61.10 acres and improvements thereon commonly known as the “Northern Tract Site”, which is more fully described in Section 201 and EXHIBIT “A” and EXHIBIT “B” of the Lease Agreement AL-094, in order to: a) demolish any existing improvements that are not retained improvements, b) construct new improvements in order to accommodate international cargo enterprises and other air cargo operations and distribution facilities, c) develop and operate a fixed base operator facility, and d) perform all operations and functions that are incidental or necessary to such use and development or authorized in the Lease Agreement AL-094, subject to and in accordance with the provisions of the Lease Agreement AL-094; authorizing and directing the Mayor, the Comptroller, the Register, the City Counselor, the Director of Airports, and other appropriate officers, agents, and employees of the City, with the advice of the Director of Airports, to enter into and execute on behalf of the City and in the City’s best interest any attendant or related documents, agreements, permits, amendments, affidavits, certifications, or instruments deemed necessary to effectuate the terms set forth in the Lease Agreement AL-094, and/or deemed necessary to preserve and protect the City’s interest, and/or to take such actions as may be necessary, beneficial or appropriate in connection with the consummation of the transactions contemplated herein; providing that the provisions set forth in this Ordinance will be applicable exclusively to the agreements, documents, permits, and instruments approved or authorized by this Ordinance; and containing a severability clause and an emergency clause.

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