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Home My WebLink AboutRes.2769.07-15-2013BILL NO. 13-83 RESOLUTION NO. o2Z 17 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A NORMAL HILL WATER TANK PROPERTY LEASE AGREEMENT WITH SOUTHEAST MISSOURI STATE UNIVERSITY IN THE CITY OF CAPE GIRARDEAU, MISSOURI 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 execute a Normal Hill Water Tank Property Lease Agreement with Southeast Missouri State University in the City of Cape Girardeau, Missouri. A copy of said Normal Hill Water Tank Property Lease Agreement is attached to this Resolution and made a part hereof. PASSED AND ADOPTED THIS DAY OF Po" 2013. Gayle( . Conrad, City Clerk arry E. Red ger, Mayor l ATTEST: Gayle( . Conrad, City Clerk arry E. Red ger, Mayor IIIIIIIIINIIIIIIIIIIIIIIII DOCUMENT # 2013-10987 SCOTT R CLARK RECORDER OF DEEDS CAPE GIRARDEAU COUNTY, MO RECORDED ON 08/22/2013 2:52 PM REC FEE: 42.00 PAGES: 7 Title of Document: Normal Hill Water Tank Lease Agreement Date of Document: July 23, 2013 Grantor: City of Cape Girardeau Grantor's Address: 401 Independence Street Cape Girardeau, Missouri 63703 Grantee: Southeast Missouri State University Grantee's Address: One University Plaza Cape Girardeau, MO 63701 Legal Description: See attachment NORMAL HILL WATER TANK PROPERTY LEASE AGREEMENT This LEASE AGREEMENT, made and entered into this,;aq day of( 2013 between THE CITY OF CAPE GIRARDEAU, a Municipal Corporation of the State of�uri, herein referred to as "Lessor" and SOUTHEAST MISSOURI STATE UNIVERSITY, herein referred to as "Lessee", for property located approximately 353 feet east of the northwest corner of Henderson Avenue and Cheney Drive. WITNESSETH, that:: In consideration of the rent to be paid by Lessee to Lessor and in further consideration of the mutual promises and conditions herein contained, Lessor and Lessee do hereby make and enter into the following Lease Agreement. Lessor hereby leases to Lessee and Lessee does hereby lease from Lessor, approximately- .918 acre tract, located in the City of Cape Girardeau, Cape Girardeau County, Missouri as set forth in the attached illustration. TERMS: 1. The term of this lease agreement shall be for a period of no more than fifty (50) years commencing g d din to , 2063 at an annual rate of five �$-�-- 2013 anextending hundred fifty 6diars ($550.00) to be paid on the first ay of July each year. Payments shall be remitted to the City of Cape Girardeau Finance Division, currently located at 401 Independence Street, Cape Girardeau, Missouri 63703. 2. Lessee is permitted to construct and/or erect new improvements on the property with prior written consent of Lessor and has the right to use said improvements at all times during the term of this lease. Cost and maintenance of said improvements shall be the sole responsibility of the Lessee during the term of the lease. 3. Lessor shall not be held liable to Lessee or any other person or entity, including employees, for any damage to their person or property caused by water, rain, snow, frost, fire, storm and accident or by the breakage, stoppage or leakage of water, gas, heating and sewer pipes or plumbing upon, about or adjacent to said premises and Lessee agrees to hold Lessor free from any and all claims, demands or damages from any and all persons, firms or corporations, arising out of its use and occupancy of the demised property. Lessee shall keep and hold harmless Lessor, its employees, agents, servants and assigns from and against any and all claims, demands, suits, judgments, cost and expenses asserted by any person or persons, including agents or employees of Lessee, by reason of death or injury to persons or loss or damage to property, resulting from Lessee's operation hereunder, or as a result of anything claimed to be done or omitted to be done Lessee, his agents or employees hereunder. 4. Lessee agrees that any failure on the part of the Lessor to enforce any term of this lease shall not be construed as a waiver of any future breaches by the Lessee. 5. This lease shall not be assignable nor any part of the premises be sublet by Lessee without prior written consent of Lessor. 6. If Lessee abandons or ceases to use the premises for a period of sixty (60) days, this lease shall immediately terminate, and the possession of the premises shall revert to the Lessor. Rent will be prorated to the date of termination. a IN WITNESS WHEREOF, the underrsi�ned have executed this agreement this 23 day of 2013. LES R ' cott A. eyer City Ma ity of Cape Girardeau ATTEST: Gayle 6Eonrad Cin- Clerk, City of Cape Girardeau STATE OF MISSOURI COUNTY OF CAPE GIRARDEAU YC't- BE IT REMEMBERED, That on this 1-2 day of , 2013 before me, the undersigned, a Notary Public in and for the State and County aforesaid, came Sco t A. Meyer to me personally known, who, being by me duly sworn, did state he is the City Manager of the City of Cape Girardeau, a Municipal Corporation of the State of Missour4and that the seal affixed to this instrument is the official seal of said City, and that said instrument was signed on behalf of said City by authority of its City Council, and has acknowledged said instrument to be the free act and deed of said City. ss. IN TESTIMONY XXTIEREOF, I have hereunto set my hand and affixed my official seal, the day, month and vear first above written. Commission Expires `1001,CAROL A. PETERS =otP....ill ... = .: NOTARY = My Commission Expires November 19, 2016 SEAL Cape Girardeau County Comrmssion#12684121 STATE OF MISSOLRI ) ss. COUNTY OF CAPE GIRARDEAU ) Name of Notary Public LESSEE KaAhy M,,"Mangels ' Southeast Missouri State Ur iversity Authorized Representative BE IT REMEMBERED, That on this day of �, 2013 before me, the undersigned, a Notary Public in and for the State and County aforesaid, came Kathy M. Mangels, to me personally known, who, being by me duly sworn, did state she is the authorized representative of Southeast Missouri State University and that said instrument was signed on behalf of said University, and has acknowledged said instrument to be the free act and deed of said University. IN TESTIMONY XY'HEREOF, I have hereunto set my hand and affixed my official seal, the day, month and year first above written. Commission Ex: s F OA WILKINSON Public - Notary Seal uri, Cape Girardeau County ission #f 13480444 sion Expires Jun 9. 2017 Name of Notary Public LEGAL DESCRIPTION OF PROPOSED PROPERTY TRANSFER: All of the east ninety-two (92) feet of a 0.918 acre tract of land lying partly in Out Lot No. 29 and partly in Out Lot No. 37, U.S.P.. Survey No. 21.99q.. in the City of Cape Girardeau, Missouri, and being more fully described as follows, to -wit: Start at. a corner on the west property line of Henderson - Avenue where said line intersects the line between said Out Lots' No. 29 and No. 37, said corner being 299.0 feet north of the north property line of Rockwood Drive and 175.0 feet south of the south property line of Hillcrest Drive, and being the northeast corner of Lot No. �,-Block "D". Rockwood Place, said corner being marked by an iron pipe; thence S. 6 degrees 46' W., with the said west line of Henderson Avenue, forty (40.0) feet; thence S. 8• 3•�:f' E. , three ee hundred seventy-three ('73.0) fleet for a beginning corner; thence continue S. 82- 30' E., with the south lire of said 0.918 acre tract, 92.0 feet to the southeast corner thereof; thence N. 6a 46' E., with the east line of said 0.915 acre tract, 200.0 feet, to the northeast corner therecfi; thence N. 62a 30' W., with the north line of said 0.918 acre tract. 92.0 fleet; thence S. 6° 46' W.. 200.0 feet to the beginning corner. ' _ ' 'o i / awul I" 0 •.F'!{%=---+---- 'SAY NoSY�Grr3F NORMAL HILL WATER TANK PROPERTY LEASE AGREEMENT i i 1 I I zi O: (n ' X.1 L. Q ZLU. HILL'CREST = i i i i i i i •. PARKER - ENEY CI -I City of Cape Girardeau Legend Division of Planning Services Parcels GIS Data June 11, 2013 N W�E S i- I I I I i i i L � I I i i i - ENEY CI -I City of Cape Girardeau Legend Division of Planning Services Parcels GIS Data June 11, 2013 N W�E S NORMAL HILL WATER TANK PROPERTY LEASE AGREEMENT