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HomeMy WebLinkAboutRes.3016.09-06-2016 BILL NO. 16-154 RESOLUTION NO. a019 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE ESCROW AGREEMENTS WITH SEMO LAND, L.L.C. , AND MONTGOMERY BANK, N.A. , FOR FOREST HILLS ESTATES FIFTH ADDITION, 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 Escrow Agreements with SEMO Land, L.L.C. , and Montgomery Bank, N.A. , for Forest Hills Estates Fifth Addition, a subdivision in the City of Cape Girardeau, Missouri. The Agreements shall be in substantially the forms attached hereto as Exhibit A and Exhibit B, which documents are hereby approved by the City Council, and incorporated herein by reference, with such changes therein as shall be approved by the officers of the City executing the same. PASSED AND ADOPTED THIS ..J DAY OF Q 2016. a ,,..t.ic,P,.„,„_,.. . Harry E. Rediger, Mayor ATTEST: M 147 S Ac- -e--, 14 ;,.. 14b .1 uce Tay o Deputy City Clerk Z�i v,t r P9I ESCROW AGREEMENT This Escrow Agreement, hereinafter referred to as "Agreement", is made and entered into this ?O day of Avv54- , 2016, by and between SEMO LAND, L.L.C., a Missouri Limited Liability Company, having its principal office and place of business at 2008 William Street, Cape Girardeau, Missouri 63703, hereinafter referred to as "Developer", and MONTGOMERY BANK, N.A., hereinafter referred to as "Escrow Agent", and the CITY OF CAPE GIRARDEAU, MISSOURI, a municipal corporation, hereinafter referred to as "City". WITNESSETH: WHEREAS, Developer is the owner of Forest Hills Estates Fifth Addition, a proposed subdivision located within the City of Cape Girardeau, Missouri, and has submitted to the City improvement plans and specifications, which have been approved by the City, and has submitted a record plat with request that said plat and the plans and specifications for the improvements in the proposed subdivision be accepted and approved by the City, and WHEREAS, Developer proposes to meet the ordinance requirements of the City with respect to the posting of this Agreement prior to the approval by the City of the plat proposed for said subdivision, NOW, THEREFORE, In consideration of the foregoing and of the mutual promises and agreements contained herein,the parties to this Agreement stipulate and agree as follows: 1. Developer has submitted to the City a record plat of Forest Hills Estates Fifth Addition, hereinafter referred to as "Proposed Subdivision", with request that said plat be approved by the City. Developer has also submitted improvement plans for the Proposed Subdivision, which have been approved by the City. 2. An Irrevocable Letter of Credit has been issued for the cost of the improvements in the Proposed Subdivision by Montgomery Bank, N.A., hereinafter referred to as "Financial Institution". The Irrevocable Letter of Credit, a copy of which is attached to this Agreement and made a part hereof as though fully set out herein, has been placed in the possession of the Escrow Agent. Said Irrevocable Letter of Credit is a commitment to the Developer from the Financial Institution that it will serve as the primary lender for the development of the Proposed Subdivision and commits itself for enough funds to complete the improvements in the Proposed Subdivision. 3. A copy of the most recent financial statement of the Financial Institution is made available for the purpose of guaranteeing to the City that the Financial Institution, as the issuer of the Letter of Credit to the Developer, has sufficient resources with which to uphold its guarantee. 4. Escrow Agent agrees to hold the original of the Irrevocable Letter of Credit issued by the Financial Institution subject to the provisions of this Agreement and.the ordinances of the City of Cape Girardeau, as they may appertain to the provisions of this Agreement. Escrow Agent agrees to set up a special escrow account subject to audit by the City in which all funds Page 1 of 9 made available by the Financial Institution for the improvements in the Proposed Subdivision will be deposited. Escrow Agent may release all such funds to the Developer only for the purpose of completing the improvements in the Proposed Subdivision. 5. Escrow Agent shall not release more than ninety-five percent (95%) of all funds deposited with them as Escrow Agent by the Financial Institution for the improvements in the Proposed Subdivision except on the approval of the Administrative Officer of the City and until the City is satisfied that the improvements for the development of the Proposed Subdivision have been completed in accordance with the plat, the approved improvement plans, and the applicable City ordinances. City agrees that it will not unreasonably prevent the release of the final five percent (5%)of the sums deposited with the Escrow Agent. 6. City may, from time to time, partially release the Escrow Agent from all or any part of their obligations and shall do so by written notification from the City's Administrative Officer. 7. Upon approval by the City through its Administrative Officer for the release of all funds held by the Escrow Agent, this Agreement shall be terminated and the Developer and the Escrow Agent shall be released from any further obligation to the City insofar as the provisions of this Agreement are concerned. 8. In the event of the failure, refusal or inability of the Escrow Agent to serve as determined by the Administrative Officer of said City, the City shall appoint a substitute who will have the same responsibilities as the Escrow Agent named herein. 9. If, after two (2) years from the date of this Agreement, all the improvements shown on the approved improvement plans and specifications have not been completed, the City may require the Escrow Agent to remit to the City cash or negotiable instruments constituting the balance of the escrow account required to complete the improvements. 10. This Agreement shall not in any fashion be construed to limit the powers, rights, or duties of the City, but shall be construed in the light of the applicable City ordinances. 11. No part of this Agreement may be assigned by the Escrow Agent or the Developer without first obtaining the express written consent of such assignment by the City, but the City agrees not to unreasonably withhold such consent. IN WITNESS WHEREOF, the parties have executed this Agreement in triplicate as of the date first above written. Page 2 of 9 1111 Immo. DEVELOPER SEMO Land, L.L.C. � g Eric arquart, Ma, ging Member ESCROW AGENT Montgomery Bank,N.A. • f'E-s P. taM8P44 , Re6 MsrActc"r • CITY • City of Cape Girardeau, Missouri (Seal) Scott A. Meyer, City Manager AT 1 EST: Bruce Taylor. Deputy City Clerk • Page 3 of 9 STATE OF MISSOURI ) ) ss. COUNTY OF CAPE GIRARDEAU ) On this day of 2016, before me personally appeared Eric Marquart, Managing Member of SEM Land, a Missouri Limited Liability Company, to me known to be the person described in and who executed the foregoing instrument, and acknowledged that he executed the same as the free act and deed of said Limited Liability Company. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the State and County aforesaid,the date first above written. e 5y(JAAJZ___ _Totary Public DEBRA L.SUHRE Name/MyCommission Expires: Notary public-Notary Seal pres: STATE OF MISSOURI Capo Girardeau County CommIsalon 012468179 • My Commission Expires 08/02/2020 4 STATE OF MISSOURI • ) ss. • COUNTY OF CAPE GIRARDEAU ) h,_rj /-, LIttAt , On this 90 day of V�v`J"i(+ , 2016, before me personally appeared Matt Waaght, Chief Credit Officer of Montgomery Bank, N.A., to me known to be the person described in and who executed the foregoing instrument, and acknowledged that he executed the same as the free act and deed of said Bank. IN TESTIMONY WHEREOF, 1 have hereunto set my hand and affixed my official seal in the State and County aforesaid, the date first above written. Totary Public J Name/My Commission Expires: Kimberly M. Skrob Notary Public Notary Seal State of Missouri Page 4 of 9 Cape Girardeau County g Commission #12569729 Commission Expires 06/05/2020 STATE OF MISSOURI ) ss. COUNTY OF CAPE GIRARDEAU ) On this this day of , 2016, before me appeared Scott A. Meyer, City Manager of the City of Cape Girardeau, Missouri, a municipal corporation, to me known to be the person described in and who executed the foregoing instrument, and acknowledged that the foregoing instrument was signed and sealed on behalf of said City by authority of its City Council, and acknowledged that he executed the same as the free act and deed of said City. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the State and County aforesaid, the date first above written. Notary Public Name/My Commission Expires: Page 5 of 9 a Montgomery BANK PO Box 948 Sikeston, MO 63801 •• DATE:August 30,2016 FROM: Montgomery Bank, N.A. 2027 Broadway Cape Girardeau, Missouri 63701 TO:SEMO Land, L.L.0 2008 William Street Cape Girardeau, Missouri 63703 AND City of Cape Girardeau, Missouri (Beneficiary) City Hall,401 Independence Street Cape Girardeau, Missouri 63703 IRREVOCABLE LETTER OF CREDIT 4585 We hereby issue this Irrevocable Letter of Credit in you favor up to the aggregate amount of Sixty Thousand Five Hundred Forty dollars($60,540.00)available upon your demand and upon the approval of the City of Cape Girardeau(Beneficiary)for the cost of developing the Forest Hills Estates Fifth Subdivision according to the record plat and improvement plans and specifications on file at the City of Cape Girardeau. If you do not complete the improvements as specified within two (2)years,the City of Cape Girardeau (Beneficiary) may, pursuant to the procedures in the City ordinances,draw the balance . of your account required to complete said improvements. Financial Institution Mont Bank, N.A. Matthew B.Wright, Chief Credit Officer • Accepted this 30 day of 4,@,,, ;� ,2016. DEVELOPER SEMO Land, L.L.C. ,----7-7 Xj, LLric arquart, Managing Member Approved pursuant to City Council action this day of , 2016. CITY City of Cape Girardeau, Missouri (Seal) Scott A. Meyer, City Manager ATTEST: Bruce Taylor, Deputy City Clerk it • Page 7 of 9 • STATE OF MISSOURI ss. COUNTY OF CAPE GIRARDEAU ) Ai '" On this 7 b day of I�ttt L'iut s s , 2016, before me personally appeared Matt Wright, Chief Credit Officer of Montgomery Bank, N.A., to me known to be the person described in and who executed the foregoing instrument, and acknowledged that he executed the same as the free act and deed of said Bank. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the State and County aforesaid,the date first above written. , Notary Public Name/My Commission Expires: Kimberly M. Skrob Notary Public Notary Seal State of Missouri Cape Girardeau County STATE ) Commission #12569729 OF MISSOURI Commission Expires 06/05/2020 ) ss. COUNTY OF CAPE GIRARDEAU ) On this ,O day of j -(A e;L1'r , 2016, before me personally appeared Eric Marquart, Managing Member of SEMO Land, L.L.C., a Missouri Limited Liability Company, to me known to be the person described in and who executed the foregoing instrument, and acknowledged that he executed the same as the free act and deed of said Limited Liability Company. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the State and County aforesaid,the date first above written. J ! Notary Public Name/My Commission Expires: Kimberly M. Skrob Nota State of Missouriblic Seal Page 8 of 9 Cape Girardeau County Commission #12569729 Commission Expires 06/05/2020 STATE OF MISSOURI ) i ) ss. COUNTY OF CAPE GIRARDEAU ) On this day of , 2016, before me appeared Scott A. Meyer, City Manager of the City of Cape Girardeau, Missouri, a municipal corporation, to me known to be the person described in and who executed the foregoing instrument, and acknowledged that the foregoing instrument was signed and scaled on behalf of said City by authority of its City Council,and acknowledged that he executed the same as the free act and deed of said City. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the State and County aforesaid, the date first above written. Notary Public Name/My Commission Expires: Page 9 of 9 ESCROW AGREEMENT This Escrow Agreement, hereinafter referred to as "Agreement", is made and entered into this 30 day of Aajts , 2016, by and between SEMO LAND, L.L.C., a Missouri • Limited Liability Company, having its principal office and place of business at 2008 William • Street, Cape Girardeau, Missouri 63703, hereinafter referred to as "Developer", and MONTGOMERY BANK, N.A., hereinafter referred to as "Escrow Agent", and the CITY OF CAPE GIRARDEAU, MISSOURI, a municipal corporation, hereinafter referred to as "City". WITNESSETH: WHEREAS, Developer is the owner of Forest Hills Estates Fifth Addition, a proposed subdivision located within the City of Cape Girardeau, Missouri, and has submitted to the City improvement plans and specifications, which have been approved by the City, and has submitted a record plat with request that said plat and the plans and specifications for the improvements in the proposed subdivision be accepted and approved by the City, and WHEREAS, Developer proposes to meet the ordinance requirements of the City with respect to the posting of this Agreement prior to the approval by the City of the plat proposed for said subdivision, NOW, THEREFORE, In consideration of the foregoing and of the mutual promises and agreements contained herein, the parties to this Agreement stipulate and agree as follows: 1. Developer has submitted to the City a record plat of Forest Hills Estates Fifth Addition, hereinafter referred to as "Proposed Subdivision", with request that said plat be approved by the City. Developer has also submitted improvement plans for the Proposed Subdivision, which have been approved by the City. 2. An Irrevocable Letter of Credit has been issued for the cost of the improvements in the Proposed Subdivision by Montgomery Bank, N.A., hereinafter referred to as "Financial Institution". The Irrevocable Letter of Credit, a copy of which is attached to this Agreement and made a part hereof as though fully set out herein, has been placed in the possession of the Escrow Agent. Said Irrevocable Letter of Credit is a commitment to the Developer from the Financial Institution that it will serve as the primary lender for the development of the Proposed Subdivision and commits itself for enough funds to complete the improvements in the Proposed Subdivision. 3. A copy of the most recent financial statement of the Financial Institution is made available for the purpose of guaranteeing to the City that the Financial Institution, as the issuer of the Letter of Credit to the Developer, has sufficient resources with which to uphold its guarantee. 4. Escrow Agent agrees to hold the original of the Irrevocable Letter of Credit issued by the Financial Institution subject to the provisions of this Agreement and the ordinances of the City of Cape Girardeau, as they may appertain to the provisions of this Agreement. Escrow Agent agrees to set up a special escrow account subject to audit by the City in which all funds Page 1 of 9 made available by the Financial Institution for the improvements in the Proposed Subdivision will be deposited. Escrow Agent may release all such funds to the Developer only for the _ purpose of completing the improvements in the Proposed Subdivision. 5. Escrow Agent shall not release more than ninety-five percent (95%) of all funds deposited with them as Escrow Agent by the Financial Institution for the improvements in the Proposed Subdivision except on the approval of the Administrative Officer of the City and until the City is satisfied that the improvements for the development of the Proposed Subdivision have been completed in accordance with the plat, the approved improvement plans, and the applicable City ordinances. City agrees that it will not unreasonably prevent the release of the final five percent(5%)of the sums deposited with the Escrow Agent. • 6. City may, from time to time, partially release the Escrow Agent from all or any part of their obligations and shall do so by written notification from the City's Administrative Officer. 7. Upon approval by the City through its Administrative Officer for the release of all funds held by the Escrow Agent, this Agreement shall be terminated and the Developer and the Escrow Agent shall be released from any further obligation to the City insofar as the provisions • of this Agreement are concerned. 8. In the event of the failure, refusal or inability of the Escrow Agent to serve as determined by the Administrative Officer of said City, the City shall appoint a substitute who will have the same responsibilities as the Escrow Agent named herein. 9. If, after two (2) years from the date of this Agreement, all the improvements shown on the approved improvement plans and specifications have not been completed, the City may require the Escrow Agent to remit to the City cash or negotiable instruments constituting the balance of the escrow account required to complete the improvements. 10. This Agreement shall not in any fashion be construed to limit the powers, rights, or duties of the City, but shall be construed in the light of the applicable City ordinances. I I. No part of this Agreement may be assigned by the Escrow Agent or the Developer without first obtaining the express written consent of such assignment by the City, but the City agrees not to unreasonably withhold such consent. IN WITNESS WHEREOF, the parties have executed this Agreement in triplicate as of the date first above written. Page 2 of 9 DEVELOPER SEMO Land, L.L.C. gele ric Marquart, M. c i ng Member ESCROW AGENT Montgomery Bank,N.A. . resssr .TonmES Q LIM13Au + 4E4io& 4L .?92 CITY • City of Cape Girardeau, Missouri (Seal) Scott A. Meyer, City Manager A I I h,ST: Bruce Taylor, Deputy City Clerk Page 3 of 9 STATE OF MISSOURI ) ) ss. COUNTY OF CAPE GIRARDEAU ) On this 3 Ay of2016, before me personally appeared Eric Marquart, Managing Member of SEIL.C., a Missouri Limited Liability Company, to me known to be the person described in and who executed the foregoing instrument, and acknowledged that he executed the same as the free act and deed of said Limited Liability Company. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the State and County aforesaid, the date first above written. DEBRA L.SUHRE RL11110 \\ J_ • Notary E OF Notary Seel ,(�{/�apo G OF MISSOUnt Capo Commission 1 County NotaryPublic Comssion E WAires 0179 My Commission Expires oe/02/2020 Name/My Commission Expires: STATE OF MISSOURI ) ) ss. COUNTY OF CAPE GIRARDEAU ) T hAF F this Jam) day of VISv(S , 2016, before me personally appeared Matt Wright, Chief Credit Officer of Montgomery Bank, N.A., to me known to be the person described in and who executed the foregoing instrument, and acknowledged that he executed the same as the free act and deed of said Bank. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the State and County aforesaid,the date first above written. 011-14-4-641 Notary Public Name/My Commission Expires: Kimberly M.Nota bSeal Notary State of Missouri Cape Girardeau Commission #12569729County Page 4 of 9 Commission Expires 06/05/2020 STATE OF MISSOURI ) ) ss. COUNTY OF CAPE GIRARDEAU ) On this this day of , 2016, before me appeared Scott A. Meyer, City Manager of the City of Cape Girardeau, Missouri, a municipal corporation, to me known to be the person described in and who executed the foregoing instrument, and acknowledged that the foregoing instrument was signed and sealed on behalf of said City by authority of its City Council, and acknowledged that he executed the same as the free act and deed of said City. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the State and County aforesaid, the date first above written. Notary Public Name/My Commission Expires: Page 5 of 9 a Montgomery BANK • PO Box 948 Sikeston, MO 63801 DATE:August 30,2016 FROM: Montgomery Bank, N.A. 2027 Broadway • Cape Girardeau, Missouri 63701 TO:SEMO Land, L.L.0 2008 William Street Cape Girardeau, Missouri 63703 • AND City of Cape Girardeau, Missouri (Beneficiary) City Hall,401 Independence Street Cape Girardeau, Missouri 63703 • IRREVOCABLE LETTER OF CREDIT#584 We hereby issue this Irrevocable Letter of Credit in you favor up to the aggregate amount of Two Hundred Forty—Five Thousand Twelve dollars(245,512.00)available upon your demand and upon the • approval of the City of Cape Girardeau(Beneficiary)for the cost of developing the Forest Hills Estates Fifth Subdivision according to the record plat and improvement plans and specifications on file at the City of Cape Girardeau. If you do not complete the improvements as specified within two (2)years,the • City of Cape Girardeau(Beneficiary)may, pursuant to the procedures in the City ordinances, draw the balance of your account required to complete said improvements. Financial Institution M� ry Bank, N.A. Matthew B.Wright,Chief Credit Officer • pl Accepted this D day of „, , , 2016. DEVELOPER SEMO Land, L.L.C. 'ric • ar—cuart, Managing ember Approved pursuant to City Council action this day of ,2016. CITY City of Cape Girardeau, Missouri • • (Seal) Scott A. Meyer, City Manager • A 1 1 bST: Bruce Taylor, Deputy City Clerk Page 7 of 9 • STATE OF MISSOURI ) ) ss. COUNTY OF CAPE GIRARDEAU ) On this Ti?b day of 1ff`-i-1 F]]'u, , 2016, before me personally appeared Matt Wright, Chief Credit Officer of Ivfontgomery Bank, N.A., to me known to be the person described in and who executed the foregoing instrument, and acknowledged that he executed the same as the free act and deed of said bank. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal • in the State and County aforesaid, the date first above written. Notary Public • Name/My Commission Expires: Kimberly M. Skrob Notary Public Notary Seal State of Missouri • Cape Girardeau County Commission #12569729 STATE OF MISSOURI ) Commission Expires 06/05/2020 ss. • COUNTY OF CAPE GIRARDEAU ) On this _ 0 day of 11-14 10,14— s4- , 2016, before me personally appeared Eric Marquart, Managing Member of SEMO Land, L.L.C., a Missouri Limited Liability Company, to me known to be the person described in and who executed the foregoing instrument, and acknowledged that he executed the same as the free act and deed of said Limited Liability Company. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the State and County aforesaid,the date first above written. Notary Public YYY Name/My Commission Expires: Kimberly M. Skrob Notary Public Notary Seal State of Missouri Page 8 of 9 Cape Girardeau County Commission #12569729 Commission Expires 06/05/2020 STATE OF MISSOURI ) ss. COUNTY OF CAPE GIRARDEAU ) On this day of , 2016, before me appeared Scott A. Meyer, City Manager of the City of Cape Girardeau, Missouri, a municipal corporation, to me known to be the person described in and who executed the foregoing instrument, and acknowledged that the foregoing instrument was signed and sealed on behalf of said City by authority of its City Council, and acknowledged that he executed the same as the free act and deed of said City. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the State and County aforesaid,the date first above written. Notary Public Name/My Commission Expires: • • • • Page 9 of 9 • Forest Hills 5th Sidewalk Escrow Paving Item Unit Cost Unit Quantity Total Sidewalks $44.50 SY 1320 558,740 Handicap Accessible Ramps 900 EA. 2 51,800 Total Estimated Project Cost $60,540 Forest Hills 5th Escrow Amount(Excluding Sidewalk) Paving Item Unit Cost Unit Quantity Total 7'Thick P.C.C.Pavement $49.50 SY 3780 $187,110 Curb 8 Gutter 51.10 LF 2350 $2,350 Sill Fence $3.50 IF 1000 $3,500 Seed 8 Straw $2,546.83 Ave 2.2 55,603 Present Construction Cost Estimate $198,563 Sanitary Sewers Item Unit Cost Unit Quantity Total Standard Manholes $2,389.00 Each 12 $28,668 8'PVC Sanitary Sewer Pipe $59.33 LF 1377 $81,697 4'PVC Service Pipe $22.00 LF 1137 $25,014 Wyes 8'X 6" $75.00 Each 29 $2,175 Present Construction Cost Estimate $137554 Storm Sewers Item Unit Cost Unit Quantity Total Single Curb Inlet 51,200.00 Each 8 59,600 18'RCP Storm Pipe $32.00 Each 511 $16,352 24'FES $396.50 Each 1 $397 24"RCP Storm Pipe $43.00 LF 131 $5,633 Rip Rap $15.00 SY 11.1 $167 Present Construction Cost Estimate $32,148 Water Item Unit Cost Unit Quantity Total 8"PVC Water Main $20.50 LF 1335 $27,368 8"Gate Valve $763.00 Each 7 $5,341 Hydrant Assembly 8 Valve $2.280.01 Each 3 $6.840 Present Construction Cost Estimate $39,549 Street Lights Item Unit Cost Unit Quantity Total Street Light Assembly 51,850.00 EA. 4 $7,400 Present Construction Cost Estimate $7,400 Total Estimated Project Cost $415,214