HomeMy WebLinkAboutOrd.4936.02-06-2017 BILL NO. 17-12 ORDINANCE NO. I/934i
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A
SPECIAL WARRANTY DEED TO DRURY DEVELOPMENT
CORPORATION, FOR PROPERTY LOCATED IN THE GREATER
CAPE GIRARDEAU BUSINESS PARK, IN THE CITY OF CAPE
GIRARDEAU, MISSOURI
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE
GIRARDEAU, MISSOURI, AS FOLLOWS:
ARTICLE 1. The Mayor, for and on behalf of the City of
Cape Girardeau, Missouri, is hereby authorized to execute a
Special Warranty Deed to Drury Development Corporation, for
property located in Greater Cape Girardeau Business Park - Phase
II, and Greater Cape Girardeau Business Park - Phase III, in the
City and County of Cape Girardeau, Missouri, more particularly
described as follows:
Tract 1:
All of Lot One (1) of Greater Cape Girardeau Business
Park - Phase II, according to the plat thereof
recorded in Document No. 2016-01887 of the Cape
Girardeau County Records.
Tract 2 :
All of Lot One (1) of Greater Cape Girardeau Business
Park - Phase III, according to the plat thereof
recorded in Document No. 2016-01888 of the Cape
Girardeau County Records .
ARTICLE 2 . This ordinance shall be in full force and
effect ten days after its passage and approval .
Fil
PASSED AND ADOPTED THIS / ��r DAY OF , 1_ ,&A/017 .
ll��
4 !I'S
ry E. Re&.ger, Mayor
4Tayputy
fity City Clerk fig' }\ 1-=,
1 ? 1,, rt n:j
*THE QNI V A.r•
SPECIAL WARRANTY DEED
KNOW ALL MEN BY THESE PRESENTS:
That on this day of 2017, the CITY OF CAPE GIRARDEAU,
MISSOURI, a Municipal Corporation organized and existing under the laws of the State of
Missouri,of the County of Cape Girardeau in the State of Missouri, GRANTOR, in consideration of Ten
Dollars ($10.00) and other valuable consideration, to it paid by DRURY DEVELOPMENT
CORPORATION, a Missouri corporation, of the County of St. Louis, in the State of Missouri,
GRANTEE, (mailing address of said grantee is: Drury Development Corporation, Ann: Jacqueline D.
Pollvogt, General Counsel, 721 Emerson Road, Suite 200, St. Louis, Missouri 63141)the receipt whereof
is hereby acknowledged,and by virtue and pursuance of an ORDINANCE OF THE CITY COUNCIL OF
SAID CITY, does by these presents, SELL AND CONVEY unto the Grantee, its successors and assigns,
the following described lots, tracts or parcels of land, lying, being and situate in the City and County of
Cape Girardeau and State of Missouri, to-wit:
Tract 1
All of Lot One (1) of Greater Cape Girardeau Business Park —Phase II, according to the
plat thereof recorded in Document No. 2016-01887 of the Cape Girardeau County
Records.
Tract 2:
- - _ All of Lot One(1)of Greater Cape Girardeau Business Park—Phase III, according to the
plat thereof recorded in Document No. 2016-01888 of the Cape Girardeau County
Records.
TO HAVE AND TO HOLD the same, together with all rights, privileges, appurtenances, and immunities
thereto belonging or in anywise appertaining unto the said Grantee, and unto its successors and assigns,
FOREVER, the said Grantor hereby covenanting that the above described premises are free and clear of
all encumbrances done or suffered by the Grantor, and that it will Warrant and Defend the title to the said
premises unto the Grantee and Grantee's successors and assigns, FOREVER, against the lawful claims of
all persons claiming through the Grantor
WITNESS the hand of the : r;*^ '• . and year first above written.
. 1r q ••,,
1.1 ��' '',, CITY OF CAPE G Is • ' t AU,MISSOURI
(Seal) .14 tA
des%p.IIIIII IIIIII to= Harry E. 'ediger,Mayor
a tD1VIW ,
ATTEST: sou' q_
..........
aetz
P
race Taylor, DepCity Clerk
STATE OF MISSOURI
ss.
COUNTY OF CAPE rDEAU )
On this 7day of i, I_ .!�L,/. , 2017, before me personally appeared Harry E.
Rediger, to me personally known, who being d�swom did say that he is Mayor of the City of Cape
Girardeau, Missouri, a municipal corporation -fthe State of Missouri, and that the seal affixed to this
instrument is the official seal of said City, and ..t said instrument was signed and sealed in behalf of said
City by authority of its City Council,and ackn. ledged said instrument to be the free act and deed of said
City
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year first above written.
_ ' L// .Li ��
N Public
My commission expires:
•1P.X P AMANDA L MCICNNEY
4..N N �s h1yCor1rNssionExpires
: :: ; Mardi 3,2018
t'`r>fMAY, �Gfardea11Con
eRecorded
DOCUMENT #
2017-01897
ANDREW DAVID BLATTNER
RECORDER OF DEEDS
CAPE GIRARDEAU COUNTY, MO
eRECORDED ON
02/21/2017 8:30:03 AM
REC FEE: 27.00
PAGES: 2
Sty Z & SPECS WARRANTY DEED ,
KNOW ALL MEN BY THESE PRESENTS:
That on this jam_ day of r-CGr" a-0:3 2017, the CITY OF CAPE GIR.ARDEAU,
MISSOURI, a Municipal Corporation organized and existing under the laws of the State of
Missouri, of the County of Cape Girardeau in the State of Missouri, GRANTOR, in consideration of Ten
Dollars ($10.00) and other valuable consideration, to it paid by DRURY DEVELOPMENT
CORPORATION, a Missouri corporation, of the County of St. Louis, in the State of Missouri,
GRANTEE, (mailing address of said grantee is: PM Development Comoration, Attn: Jacqueline D
PollvogiL General Counsel 721 Emerson Road. Suite 200, St Louis, Misa%d 6314,0 the receipt whereof
is hereby acknowledged, and by virtue and pursuance of an ORDINANCE OF THE CITY COUNCIL OF
SAID CITY, does by these presents, SELL AND CONVEY unto the Grantee, its successors and assigns,
the following described lots, tracts or parcels of land, lying, being and situate in the City and County of
Cape Girardeau and State of Missouri, to -wit:
Tract 1:
All of Lot One (1) of Greater Cape Girardeau Business Park — Phase II, according to the
plat thereof recorded in Document No. 2016-01887 of the Cape Girardeau County
Records.
Tract 2:
All of'Lot One (1) of Greater Cape Girardeau Business Park — Phase III, according to the
plat thereof recorded in Document No. 2016-01888 of the Cape Girardeau County
Records.
TO HAVE AND TO HOLD the same, together with all rights, privileges, appurtenances, and immunities
thereto belonging or in anywise appertaining unto the said Grantee, and unto its successors and assigns,
FOREVER, the said Grantor hereby covenanting that the above described premises are free and clear of
all encumbrances done or suffered by the Grantor, and that it will Warrant and Defend the title to the said
premises unto the Grantee and Grantee's successors and assigns, FOREVER, against the lawful claims of
all persons claiming through the Grantor.
OF CAPE GU ARDEAU, MISSOURI
STATE OF MISSOURI }
ss.
COUNTY OF CAPE CITCARDEAU )
On this F day ofI
2017, before me personally appeared Hany F.
Rediger, to me personally known, who bdid say that he is Mayor of the CYty of Cape
Girardeau, Missouri, a municipal corpore of Missouri, anis that the seal affixed to this
instrument is the official seal of said City,xument was signed and sealed in behalf of said
City by authority of its City Council, and d instrument to be the free act and deed of said
City.
IN TESTIMONY WHEREOF, I have hereunto set
and year first above written. ,
My commission expires:
hand and affixed my official seal the day
v
zc ancl�z.
AMANDA L. MOMNEY
_�._
My hamrdoh r'xOres
SEAi�`
Wroh j
nape jAr�ardeau Counlr
'�'�y: t �i, � ��
�anmissian #14569193
hand and affixed my official seal the day
v
zc ancl�z.
eRecorded
DOCUMENT #
201701898
ANDREW DAVID BLATTNER
RECORDER OF DEEDS
CAPE GIRARDEAU COUNTY, MO
eRECORDED ON
02/21/2017 8:30:04 AM
REC FEE: 42,00
PAGES: 7
5G2 -g S-jj:�Z
1. Title of Document: Memorandum of Contract
2. Date of Document:(�,��, 11
3. Grantor: The City of Cape Girardeau, Missouri,
a Municipal Corporation
4. Grantee: Drury Development Corporation, a Missouri Corporation
S. Statutory Mailin
Addresses: Grantor:
401 Independence Street
Cape Girardeau, MO 63703
Attention: Eric Cunningham
Grantee:
721 Emerson Road, Suite 200
St. Louis, MO 63141
Attention: Jacqueline D. Pollvogt
6. Legal Description: See Exhibit annexed to the document.
MEMORANDUM OF CONTRACT
THIS MEMORANDUM OF CONTRACT is made as of the � day of rva tr , 201"1 by
and between THE CITY OF CAPE GIRARDEAU, MISSOURI, a Municipal Corporation organized and
existing under the laws of the State of Missouri ("City") and DRURY DEVELOPMENT
CORPORATION, a Missouri corporation ("Drury").
WITNESSETH:
Pursuant to the terms, covenants, agreements, and conditions as set forth in that certain Contract for
Sale of Real Estate dated h (u to , 2017, (the "Contract") made by and between City and Drury,
City agreed to sell to Drury certain real e=state (the "Real Estate"), more particularly described in Exhibit A
attached hereto.
Further pursuant to Contract, City agreed to grant to Drury the following First Right of Refusal:
City is the owner of other real estate in the Greater Cape Girardeau Business Park (the "City
Real Estate"), as more particularly described in Exhibit B attached hereto, City hereby grants to Drury a
First Right of Refusal such that, if there are any prospective purchasers of any of such property owned by
City in the Greater Cape Girardeau Business Park that desire to erect a hotel or motel, then City shall
immediately notify Drury (which notice shall identify the prospective purchaser, the property and the flag of
the hotel or motel) of such potential sale of such property, which shall be subject to Drury's First Right of
Refusal to build on its Real Estate described hereinabove, a motel or hotel facility to the exclusion of any
other potential purchaser(s) of such property in the Greater Cape Girardeau Business Park owned by City, If
Drury exercises this First Right of Refusal to build a hotel or motel on the Real Estate described above,
Drury must begin its construction of the hotel or motel proposed by Drury within three (3) years of the date
of its exercise of the First Right of Refusal granted herein, Failure to commence the construction of a hotel
or motel within three (3) years after the exercise of its First Right of Refusal shall waive Drury's right to
exercise the First Right of Refusal at any time thereafter, and the First Right of Refusal shall not apply to
any subsequent purchaser(s) of property owned by City in the Greater Cape Girardeau Business Park if a
subsequent purchaser desires to build a hotel ormotel,
Buyer agrees that within four (4) years after the closing of the sale of this Real Estate, that it will
commence development of at least twenty five percent (25%) of the Real Estate described hereinabove,
and if the Real Estate is not developed within six (6) years after the closing of the sale of the Real Estate,
Buyer shall meet with Seller's city officials within sixty (60) days of the expiration of the six (6) year
2
period to discuss development options.
For the purposes of this provision, the terms "developed" and "development" shall mean
construction and operation of a business that provides sales tax revenue to the City of Cape Girardeau,
Missouri. City and Drury .desire to record this Memorandum of Contract for the purpose of placing the
public on notice of inquiry as to the terms, covenants, and conditions of the Contract, including the First
Right of Refusal, as set forth herein.
IN WITNESS WHEREOF, the undersigned have duly executed this Memorandum of Contract as of
the day and year above written.
[SIGNATURES ON FOLLOWING PAGE(S)]
3
IN WITNESS WHEREOF, City and Drury have duly executed this Memorandum of Contract as of
the day and year first above written.
DRURY DEVELOPMENT CORPORATION
By:
Printed Name: Tim y . Drury
Title: President
STATE OF MISSOURI )
SS
COUNTY OF ST. LOUIS )
On this _I S" -h day of >t'jr,M , 2017, before me appeared Timothy M. Drury, to me
personally known, who, being by me duly s oworn did say that he is the President of Drury Development
Corporation, a corporation of the State of Missouri, and that said instrument was signed on behalf of said
corporation by authority of its Board of Directors, and said Timothy M. Drury acknowledged said
instrument to be the free act and deed of said corporation.
In Testimony Whereof, I have hereunto set my hand and affixed my official seal the day and year
first above written.
otary Public,ff )
Name/My Commission expires: 7"7 //, U /7
FLISON E. WINKA
ry Public - Notary Seal
TATE OF MISSOURI
St Louis County
ssion Expires. May 25, 2020mmission # 12412754
4
(Seal)
ATTEST:
CITY OF CAPE GMARDEAU, NUSSOURI
STATE OF MISSOURI )
) SS
COUNTY OF CAPE G;RARDE�U )
On this _jam day of [`�: — U
Rediger, to me personally known, who, being by
Cape Girardeau, Missouri, a Municipal Corporal
this instrument is the official seal of said City, anc
of said City by authority of its City Council, and i
of said City.
1 2017, before me personally appeared Harry E.
,duly sworn, did say that he is Mayor of the City of
of the State of Missouri, and that the seal affixed to
t the said instrument was signed and sealed in behalf
owledged said instrument to be the free act and deed
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year first above written.
Name/My Commission expires: 03W
�'NOTARY�"=
AMANDA t. MCKlNN✓;y
My Commisakm Fxplree
MATO 3, 2458
rIP' 131faM.& Count
Wrnmkslon #14589193
EXIMIT A
Legal Description of the Drury Real Estate
Tract 1:
All of Lot One (1) of Greater Cape Girardeau Business Park — Phase II, according to the plat thereof
recorded in Document No, 2016-01887 of the Cape Girardeau County Records.
and
Tract 2:
All of Lot One (1) of Greater Cape Girardeau Business Park — Phase III, according to the plat thereof
recorded in Document No. 2016-01888 of the Cape Girardeau County Records.
6
EXHIBIT B
Legal Description of the City Real Estate
Tract #1
All of that part of Lot 3 of Greater Cape Girardeau Business Park -Phase II, a subdivision as shown by plat
thereof recorded in Document No. 2016-01887 of the Land Records of Cape Girardeau County, Missouri, in
Township 31 North, Range 13 East of the Fifth Principal Meridian, in the City and County of Cape
Girardeau, State of Missouri.
Tract #2
All of that part of Lot 2 of Greater Cape Girardeau Business Park -Phase III, a subdivision as shown by plat
thereof recorded in Document No. 2016-01888 of the Land Records of Cape Girardeau County, Missouri, in
Township 31 North, Range 13 East of the Fifth Principal Meridian, in the City and County of Cape
Girardeau, State of Missouri,