HomeMy WebLinkAboutRes.3270.07-15-2019 BILL NO. 19-111 RESOLUTION NO. `34" 7
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE A PERFORMANCE GUARANTEE AGREEMENT
WITH CAPE GIRARDEAU BEHAVIORAL HEALTH, LLC,
FOR SOUTHEAST HEALTH WEST CAMPUS, 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
Performance Guarantee Agreement with Cape Girardeau Behavioral
Health, LLC, for Southeast Health West Campus, in the City of
Cape Girardeau, Missouri . The Agreement shall be in
substantially the form attached hereto, which document is 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.
I,
PASSED AND ADOPTED THIS \ AY OF s ii, vj I , 2019.
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Bob -ox, Mayor
ATTEST:
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ruce Tayl.i' Deputy City Clerk s (0-' IN
PERFORMANCE GUARANTEE AGREEMENT
This Performance GuaxWgreement hereinafter referred to as the "Agreement", is
made and entered into this ��FFDD day of 161flif , 2019, by and between CAPE
GIRARDEAU BEHAVIORAL HEALTH, Lf. -C, a Missouri Limited Liability Company, having
its principal office and place of business at 10200 NE 132"d Street, Kirkland, WA 98034,
hereinafter referred to as the "Developer", and the CITY OF CAPE GIRARDEAU, MISSOURI,
a Missouri Municipal Corporation, hereinafter referred to as the "City".
WITNESSETH:
WHEREAS, the Developer proposes to construct certain public site improvements within
Southeast Health West Campus, a proposed subdivision located within the City of Cape
Girardeau, Missouri; and
WHEREAS, the 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 Developer and the City stipulate and agree as follows:
1. The Developer has submitted to the City a record plat of Southeast Health West
Campus, hereinafter referred to as the "Proposed Subdivision", with request that said
plat be approved by the City. The Developer has also submitted improvement plans
and specifications for the Proposed Subdivision, which have been approved by the
City.
2. A Site Improvement Bond, hereinafter referred to as the "Bond", has been issued for
the cost of the improvements in the Proposed Subdivision by Fidelity and Deposit
Company of Maryland, hereinafter referred to as the "Surety'. The Bond is attached
to this Agreement as "Exhibit A" and incorporated herein by reference. The Bond
guarantees that the City will receive payment in the event the Developer fails to
complete the improvements per the terms of this Agreement. A summary of the
improvements is attached to this Agreement as "Exhibit B".
3. A copy of the most recent financial statement of the Surety is made available for the
purpose of guaranteeing to the City that the Surety, as the issuer of the Bond, has
sufficient resources with which to uphold its guarantee.
4. The City may authorize one or more partial releases of this Agreement (thus reducing
the required Bond amount) as portions of the improvements are completed and ready
for acceptance by the City. In no case shall the City release more than ninety-five
percent (95%) of the original Bond amount until such time all of the improvements
Page I of 6
covered by the Bond, as shown in the approved improvement plans and
specifications, are completed and ready for acceptance by the City.
5. Upon the full release of this Agreement, the Developer and the Surety shall be
released of any further obligation to the City insofar as the provisions of this
Agreement are concerned.
6. If, after two (2) years from the date of this Agreement, all of the improvements, as
shown in the approved improvement plans and specifications, are not completed and
ready for acceptance by the City, then the City may request payment from the Bond
as necessary in order to complete the improvements. Said request for payment shall
be per the terms of the Bond.
7. 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.
S. No part of this Agreement may be assigned by the Developer without first obtaining
the express written consent of such assignment by the City, but the City agrees to not
onreasonabh withhold such consent.
IN WtTNCSS WHEREOF, the Developer and the City have executed this Agreement as
of the above date.
(Signatures on following pages)
Page 2 of 6
DEVELOPER
Cape Girardeau Behavioral Health, LLC
Ron L -scar �Gmuprector
STATE OF WASHINGTON )
ss.
COUNTY OF KING )
On this.)-O+�ay of �un'Q_ 2019, before me personally appeared Ron
Escarda, Group Director of Cape Girardeau Behavioral Health, LLC, 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
Name/My Commission Expires:
-1nSe4 Cke-or''j 03
NOTARY
PUBLIC
4,AR loo
Page 3 of 6
COPY
City of
Scott A. M er, C- -'Fgg
AT -PEST:
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City Clerk
9:
STATE OF MISSOURI ) _.
ss.
COUNTY OF CAPE GIRARDEAU ) _
On this this 4\ day of , 2019, before me personally appeared Scott
A. Meyer, City Manager of the ty of Girardeau, Missouri, a Missouri Municipal
Corporation, to me known to be persoi described in and who executed the foregoing
instrument, and acknowledged that the forego) ig 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.
Name/My Commission Expires:fl
I
=MCKINNEYMCKINNEYN- Notary SealMISSOURIeau CountyMy Comires Marty 3, 7072x14588193
page 4 of 6
EXHIBIT A
SITE IMPROVEMENT BOND
(on following pages)
Page 5 of 6