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HomeMy WebLinkAboutRES.1548.03-06-2000BILL NO. 2000-58 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A LICENSE AGREEMENT WITH THE U. S. DEPARTMENT OF THE ARMY FOR THE DETENTION RESERVOIR PHASE OF THE CAPE LA CROIX CREEK/WALKER BRANCH FLOOD CONTROL PROJECT. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE I. The City Manager, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to enter into a License Agreement with the U.S. Department of the Army for operation and maintenance, testing and closure of a sewage lagoon system for the Detention Reservoir phase of the Cape La Croix Creek/Walker Branch Flood Control Project. A copy of said License Agreement is attached to this resolution and made a part hereof. PASSED AND APPROVED THIS DAY OF f](Ijph 2000. A. 0. Spradling, III Mayor ATTEST: Gayle LJConrad City Clerk NO. DEPARTMENT OF THE ARMY LICENSE CAPE GIRARDEAU —JACKSON METROPOLITAN AREA, MISSOURI FLOOD CONTROL PROJECT CAPE GIRARDEAU, MISSOURI TRACT NO. 8 THE SECRETARY OF THE ARMY, hereinafter referred to as the Secretary, acting under his general administrative powers, hereby grants to CITY OF CAPE GIRARDEAU, City Hall, 401 Independence Street, P.O. Box 617, Cape Girardeau, Missouri 63701-0617, hereinafter referred to as the grantee, a license for operation and maintenance, testing and closure of a sewage lagoon system, over, across, in and upon lands of the United States, as identified in Exhibit "A" and Exhibit `B", attached hereto and made a part hereof, hereinafter referred to as the premises. THIS LICENSE is granted subject to the following conditions: 1. TERM This license is granted for a term of Five (5) Years, beginning January 24, 2000, and ending December 31, 2004, or upon transfer of property title from the Government to the Grantee, whichever shall first occur. 2. CONSIDERATION The consideration for this license shall be the operation and maintenance of the sewage lagoon system for the benefit of the general public in accordance with the terms and conditions hereinafter set forth. 3. NOTICES All notices and correspondence to be given pursuant to this license shall be addressed, if to the grantee, to City of Cape Girardeau, City Hall, 401 Independence Street, P.O. Box 617, Cape Girardeau, Missouri 63701-0617; and if to the United States, to the District Engineer, Attention: Chief, Real Estate Division, U.S. Army Corps of Engineers, St. Louis District, 1222 Spruce Street, St. Louis, Missouri, 63103-2833; or as from time to time otherwise be directed by the parties. Notice shall be deemed to have been duly given if and when enclosed in a properly sealed envelope addressed as aforesaid, and deposited, postage prepaid, in a post office regularly maintained by the United States Postal Service. General Purpose License I July 1997 4. AUTHORIZED REPRESENTATIVES Except as otherwise specifically provided, any reference herein to "Secretary", "District Engineer", "Installation Commander", or "said officer" shall include their duly authorized representatives. Any reference to "grantee" shall include any duly authorized representatives. 5. SUPERVISION BY THE DISTRICT ENGINEER The use and occupation of the premises shall be subject to the general supervision and approval of the District Engineer, St. Louis District hereinafter referred to as said officer, and to such rules and regulations as may be prescribed from time to time by said officer. 6. APPLICABLE LAWS AND REGULATIONS The grantee shall comply with all applicable Federal, state, county and municipal laws, ordinances and regulations wherein the premises are located. 7. CONDITIONAL USE BY GRANTEE The exercise of the privileges herein granted shall be: a. without cost or expense to the United States; b. subject to the right of the United States to improve, use or maintain the premises; C. personal to the grantee, and this license, or any interest herein, may not be transferred or assigned, unless approved in writing by the government. 8. CONDITION OF PREMISES The grantee acknowledges that it has inspected the premises, knows its condition, and understands that the same is granted without any representations or warranties whatsoever and without any obligation on the part of the United States. 9. COST OF UTILITIES (NOT APPLICABLE) The grantee shall pay the cost, as determined by the officer having immediate supervision over the premises, of producing and/or supplying any utilities and other services furnished by the Government or through Government-owned facilities for the use of the grantee, including the grantee's proportionate share of the cost of operation and maintenance of the Government-owned facilities by which such utilities or services are produced or supplied. The Government shall be under no obligation to furnish utilities or services. Payments shall be made in the manner prescribed by the officer having such jurisdiction. General Purpose License 2 1 July 1997 10. PROTECTION OF PROPERTY The grantee shall keep the premises in good order and in a clean, safe condition by and at the expense of the grantee. 11. INDEMNITY The United States shall not be responsible for damages to property or injuries to persons which may arise from or be incident to the exercise of the privileges herein granted, or for damages to the property of the grantee, or for damages to the property or injuries to the person of the grantee's officers, agents, or employees or others who may be on the premises at their invitation or the invitation of any one of them, and the grantee shall hold the United States harmless from any and all such claims not including damages due to the fault or negligence of the United States or its contractors. 12. RESTORATION (NOT APPLICABLE) On or before the expiration of this license or its termination by the grantee, the grantee shall vacate the premises, remove the property of the grantee, and restore the premises to a condition satisfactory to said officer. If, however, this license is revoked, the grantee shall vacate the premises, remove said property and restore the premises to the aforesaid condition within such time as the District Engineer may designate. In either event, if the grantee shall fail or neglect to remove said property and restore the premises, then, at the option of said officer, the property shall either become the property of the United States without compensation therefor, or said officer may cause the property to be removed and no claim for damages against the United States or its officers or agents shall be created by or made on account of such removal and restoration work. The grantee shall also pay the United States on demand any sum which may be expended by the United States.after the expiration, revocation, or termination of this license in restoring the premises. 13. NON-DISCRIMINATION The grantee shall not discriminate against any person or persons or exclude them from participation in the grantee's operations, programs or activities because of race, color, religion, sex, age, handicap or national origin in the conduct of operations on the premises. The grantee will comply with the Americans with Disabilities Act and attendant Americans with Disabilities Act Accessibility Guidelines (ADAAG) published by the Architectural and Transportation Barriers Compliance Board. General Purpose License 3 1 July 1997 14. TERMINATION This license may be terminated by the grantee at any time by giving the District Engineer at least ten (10) days notice in writing provided that no obligation to operation and maintenance is placed on the United States and provided further, that in the event said notice is not given at least ten (10) days prior to expiration of license, the grantee shall assume all responsibility and liability for the sewage lagoon system operations. 15. ENVIRONMENTAL PROTECTION a. Within the limits of their respective legal powers, the parties to this license shall protect the premises against pollution of its air, ground and water. The grantee shall comply with any laws, regulations, conditions, or instructions affecting the activity hereby authorized if and when issued by the Environmental Protection Agency, or any Federal, state, interstate or local governmental agency having jurisdiction to abate or prevent pollution. The disposal of any toxic or hazardous materials within the premises is specifically prohibited. Such regulations, conditions, or instructions in effect or prescribed by said Environmental Protection Agency, or any Federal, state, interstate or local governmental agency are hereby made a condition of this license. The grantee shall not discharge waste or effluent from the premises in such a manner that the discharge will contaminate streams or other bodies of water or otherwise become a public nuisance. b. The grantee will use all reasonable means available to protect the environment and natural resources, and where damage nonetheless occurs from the grantee's activities, the grantee shall be liable to restore the damaged resources. C. In the event that grantee must apply any pesticides and/or herbicides in the maintenance and operation of the sewage lagoon system, such application shall be in strict accordance with the manufacturers "Material Safety Data Sheet (MSDS). 16. HISTORIC PRESERVATION The grantee shall not remove or disturb, or cause or permit to be removed or disturbed, any historical, archaeological, architectural or other cultural artifacts, relics, remains or objects of antiquity. In the event such items are discovered on the premises, the grantee shall immediately notify said officer and protect the site and the material from further disturbance until said officer gives clearance to proceed. 17. DISCLAIMER This license is effective only insofar as the rights of the United States in the premises are concerned; and the grantee shall obtain any permit or license which may be required by Federal, state, or local statute in connection with the use of the premises. It is understood that the granting of this license does not preclude the necessity of obtaining a Department of the Army permit for activities which involve the discharge of dredge or fill material or the placement of General Purpose License 4 1 July 1997 fixed structures in the waters of the United States, pursuant to the provisions of Section 10 of the Rivers and Harbors Act of 3 March 1899 (33 U.S.C. § 403), and Section 404 of the Clean Waters Act (33 U.S.C. § 1344). 18. SPECIAL CONDITIONS a. All operations and maintenance, testing and closure of the sewage lagoon system shall be performed by grantee at no cost to Government. b. A copy of the Missouri Department of Natural Resources (MODNR) "authorization to discharge" (operating permit) that grantee is required to obtain will be furnished to the Government and shall remain current during the term of this license. Nothing contained in this license agreement shall be construed to create any enforceable rights in any third parties. THIS LICENSE is not subject to Title 10, United States Code, Section 2662, as amended. IN WITNESS WHEREOF I have hereunto set my hand by authority/direction of the Secretary of the Army this day of , 2000. Witness Thomas R. Hewlett Chief, Real Estate Division U.S. Army Corps of Engineers St. Louis District Witness THIS LICENSE is also executed by the grantee this , 2000. Attest: Michael G. Miller City Manager CITY OF CAPE GIRARDEAU 401 Independence Street Gayle Conrad P.O. Box 617 City Clerk Cape Girardeau, Missouri 63701-0617 General Purpose License 5 1 July 1997 day of ACKNOWLEDGMENT STATE OF ) SS COUNTY OF ) On this day of 19 , before me the undersigned Notary Public, personally appeared , known to me to be the person described in the foregoing instrument, who acknowledged that he executed the same in the capacity therein stated and for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. Notary Public My Commission Expires: General Purpose License 6 1 July 1997 ACKNOWLEDGMENT STATE OF MISSOURI ) ss CITY OF ST. LOUIS ) On this day of , 19 , before me the undersigned Notary Public, personally appeared Thomas R. Hewlett, Chief, Real Estate Division, U.S. Army Engineer District, St. Louis, Missouri, known to me to be the person described in the foregoing instrument, who acknowledged that he executed the same in the capacity therein stated and for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. Notary Public My Commission Expires: THIS INSTRUMENT PREPARED BY: Mary Winston, Realty Specialist U.S. Army Corps of Engineers 1222 Spruce Street St. Louis, Missouri 63103-2833 314-(331-8183) REVIEWED FOR LEGAL SUFFICIENCY BY: William Levins, Attorney 314-331-8196 General Purpose License 7 1 July 1997 Co. Road #618 b� V ' O 8� � W W as 0 L Blattner / Z Erlbacher � GRAPHIC SCALE r: Tract ,u , wo I 1 inch - 250 M LEGEND FOUND 1 1/4- OUTSIDE DIA. GALVANIZED PIPE ON THE O SET 1/2 INCH ROD WEST 1/4 CORNER OF SEC. 11, D FOUND 1" IRON PIN TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE FIFTH P.M. — — APPX. PROPERTY UNE ---� = FEE R/W UNE FLOWAGE EASEMENT LINE L39 X41 .- I i ALL DIMENSIONS GIVEN IN FEET AND DECBUJS THEREOF. /431 46 47 r-- {'- - AREA TAKEN FROM 4 BUTTNER do A FLOWAGE Rt: W Mobile TRACT FOR FLOWAGEGE #8PE-2 11,I r.--- __..__I EASEMENT — 4.57 ACRES j f - s I'.-----------ri , iHome Park w .. i ..._._.. ' . _ ...:....... .. WEST R/W LINE OF MSSOURI N23'31'37W `• - STATE ROUTE 9P 29.38 i r .. .... I'IAREA TAKEN FROM BUTTNER h ERLBACHER TRACT ' n�' i ' 1 I I ' ..__.. FOR NEW RICHT Of WAY - 1288 ACRES 'I L ! i or �5�35 41 t � N08'43'02'E I - .i i ► i 1 1 2 3 8g1.6�' ER W L31 t. N -7 ANN 144 2 �#8PE-7� yL2Z`� S 145 fi!' W 652 51' — _ N ria sz 45 5V, EXHIBIT "A" FEE SIMPLE TITLE TRACT NO. 8 THAT PART OF THE SOUTHWEST QUARTER OF SECTION NO. 11, TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, DESCRIBED AS FOLLOWS: Commence at a sandstone with chiseled cross on the common corner of U.S.P. Survey No. 2277 and Sections 10, 11, and 15; thence with the South line of said Section No. 11, North 89°24'14" East, 1345.65 feet, to a one inch iron pin on the Southeast corner of the Southwest Quarter of the Southwest Quarter, of said Section 11, said point also being Missouri State Plane Coordinate Northing 559796.58 and Easting 1087842.58, the point of beginning; thence North 0003842" West 1157.24 feet, to MSPC N: 560953.75 and E: 1087829.55;thence South 85°11'32" West, 652.51 feet, to MSPC N: 560899.06 and E: 1087179.34; thence South 13049'58" West, 27.28 feet, to MSPC N: 560872.57 and- E: 1087172.82; thence South 65'08'12" West, 74.80 feet, to MSPC N: 560841.12 and E: 1087104.95; thence South 85°05'52" West, 104.06 feet, to M.S.P.C. N: 560832.23 and E: 1087001.27; thence South 84052'24" West, 99.53 feet, to MSPC N: 560823.34 and E: 1086902.14; thence South 23048'23" West, 40.02 feet, to MSPC N: 560786.72 and E: 1086885.99; thence North 84041'12" West, 54.51 feet, to MSPC N: 560791.76 and E: 1086831.71; thence South 22044'01" West, 50.73 feet, to MSPC N: 560744.98 and E: 1086812.11; thence South 38054'19" West, 41.62 feet, to MSPC N: 560712.59 and E: 1086785.97; thence South 70°36' 13" East, 642.97 feet, to MSPC N: 560499.06 and E: 1087392.45; thence South 07°05'05" East, 711.69 feet, to a point on the South line of said Section 11, said point also being MSPC N: 559792.81 and E: 1087480.23; thence with said South line, North 89°24' 14" East, 362.37 feet, to the point of beginning and containing 14.33 acres, more or less, as shown on the accompanying plot. (Missouri State Plane Coordinates in this description have been converted from metric to feet and decimals thereof.) EXHIBIT "B"