HomeMy WebLinkAboutRes.3415.06-07-2021 BILL NO. 21-83 RESOLUTION NO. 3m15
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE A PERFORMANCE GUARANTEE AGREEMENT
WITH COLLINS MILL DEVELOPMENT GROUP, LLC,
FOR COLLINS MILL SUBDIVISION - PHASE 3, 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 Collins Mill Development
Group, LLC, for Collins Mill Subdivision - Phase 3, 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.
PASSED AND ADOPTED THIS 7th DAY OF June, 2021 .
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Bob Fox, Mayor
ATTEST: ApF �
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Gayle Conrad, City Clerk 1,` v ��
PERFORMANCE GUARANTEE AGREEMENT
COLLINS MILL SUBDIVISION — PHASE 3
SIDEWALK IMPROVEMENTS
This Performance Guarantee Agreement, hereinafter referred to as this "Agreement", is
made and entered into this day of L , 2021, by and between COLLINS
MILL DEVELOPMENT GROUP, LLC, a Misgouri Limited Liability Company, having its
principal office and place of business at 2722 County Road 318, Cape Girardeau, Missouri
63701, hereinafter referred to as the "Developer", and the CITY OF CAPE GIRARDEAU,
MISSOURI, a Municipal Corporation of the State of Missouri, hereinafter referred to as the
"City". The Developer and the City collectively are hereinafter referred to as the "Parties".
WITNESSETH:
WHEREAS, the Developer has submitted to the City, and the City has approved, the
record plat of Collins Mill Subdivision — Phase 3, a subdivision located within the City of Cape
Girardeau, Missouri; and
WHEREAS, the Developer and the City previously entered into an agreement for
establishing a performance guarantee in lieu of the Developer constructing certain public
improvements in said subdivision prior to the approval of said record plat by the City; and
WHEREAS, said agreement has expired; and
WHEREAS, the Parties wish to execute this Agreement to replace the expired agreement
and to establish a new performance guarantee for constructing the public sidewalks in said
subdivision.
NOW, THEREFORE, in consideration of the foregoing and of the mutual promises and
agreements contained herein, the Parties stipulate and agree as follows:
1. The Developer has submitted to the City, and the City has approved, improvement plans
for the public sidewalks in said Collins Mill Subdivision — Phase 3, hereinafter referred to
as the "Subdivision".
2. MRV Banks, hereinafter referred to as the "Financial Institution", has issued an
Irrevocable Letter of Credit, hereinafter referred to as the "Letter of Credit", for the cost
of the public sidewalk improvements in the Subdivision. The Letter of Credit is attached
to this Agreement as "Exhibit A" and made a part hereof as though fully set out herein.
The Letter of Credit is a commitment to the Developer from the Financial Institution that
it will serve as the primary lender for the construction of the public sidewalks in the
Subdivision and commits itself for enough funds to complete said sidewalks. Further, the
Letter of Credit lists the City as the Beneficiary and provides for payment of funds to the
City in the event the Developer is found to be in default under this Agreement.
Page 1 of 5
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. The City may, from time to time, authorize a reduction in the balance of the Letter of
Credit and shall do so by written notification from the City's Administrative Officer.
5. Upon approval by the City through its Administrative Officer for the release of the
remaining balance of the Letter of Credit, this Agreement shall be terminated and the
Developer and the Financial Institution shall be released from 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 public sidewalks shown
on the approved improvement plans have not been constructed, the City may request
payment from the balance of the Letter of Credit as required in order to construct the
missing sidewalks. Said request for payment shall be per the terms of the Letter of
Credit.
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.
8. No part of this Agreement may be assigned by the Developer or the Financial Institution
without first obtaining the express written consent of such assignment by the City, but the
City agrees not to unreasonably withhold such consent.
date.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the above
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CollinAMi11 ev lopmen - roup, LLC
Derrick Geringer, Makaging Member
STATE OF MISSOURI )
SS.
COUNTY OF CAPE GIRARDEAU )
On this day of j�y,c,( , 2021, before me personally appeared Derrick
Geringer, Managing Member of CAllins Mill Development Group, 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.
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NOTARY'. a
DEBORAH L. PENSEL
My Commission Expires /I ,p
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"•. SEAL.'
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January29, 2022
cape Girardeau County Notary Public
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Name/My Commission Expires: p l Isk g I a 0 a, k
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CITY '
Cit, of Cape Girard Girrd2u, Missouri
Scott A. Me .- ► ana_er
ATTEST:9Zi
14.
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City Clerk ;U " ." .1.4� i
STATE OF MISSOURI
SS.
COUNTY OF CAPE GIRARDEAU )
ti
On this this 0\
day of , , , , 2021, before me personally appeared Scott
A. Meyer, City Manager of the Ci'4 of Cape Girardeau, Missouri, a Municipal Corporation of
the State of Missouri, to me known 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 writte .
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Notary -ublic
Name/My Commission Expires: 11?' '
AMANDA L. MCKINNEY
Notary Public-Notary Seal
STATE OF MISSOURI
Cape Girardeau County
My Commission Expires March 3,2022
Commission*14588193
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