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Home My WebLink AboutRES.2068.05-02-2005BILL NO. 05-99 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A DEVELOPMENT AGREEMENT FOR THE IMPROVEMENT OF WALNUT STREET, 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 Development Agreement with William Hennecke, Gail Hennecke, Tibbles Enterprises, L.P., Mike Smith, Heartland Rentals, Inc., Ricky M. Renfroe, Brenda A. Renfroe and Renfroe's Heating and Cooling, Inc., for the improvement of Walnut Street, in the City of Cape Girardeau. A copy of said Agreement is attached to this Resolution and made a part hereof. PASSED AND ADOPTED THIS Zldk DAY OF m 20-C6 . 04��&4 Ja . Knudtson, Mayor DEVELOPMENT AGREEMENT FOR THE IMPROVEMENT OF WALNUT STREET FROM COMMERCIAL STREET EASTERLY APPROXIMATELY 180 LINEAR FEET IN CAPE GIRARDEAU, MISSOURI This Development Agreement (the "Agreement") is entered into this day of_, 2005, among the City of Cape Girardeau, Missouri (the "City"); William and Gail Smith Hennecke, Tibbles Enterprises, L.P., Mike Smith, Heartland Rentals, Inc., Ricky M. and Brenda A. Renfroe, and Renfroe's Heating and Cooling, Inc. (Owners"). WHEREAS, in order to allow for the improvement of Walnut Street from Commercial Street easterly approximately 180 linear feet with concrete pavement 24 feet wide as shown on Exibit "A", the parties wish to enter into this Agreement in order to generally describe their respective rights, duties and obligations regarding the construction of the improvements; and WHEREAS, Fronabarger Concreters, Inc. will act as General Contractor on the project, hire all subcontractors and supervise all work done in connection with this project as approved by the City Engineer. NOW, THEREFORE, for and in consideration of the mutual covenants and considerations contained herein, it is agreed by the parties as follows: 1. The City and the Owners have reviewed the plans and agree to the general design of Walnut Street as shown on Exhibit "A". Construction shall conform to City standards and specifications. 2. The Owners shall not be required to submit easements or .right of way as part of this project, however, a "Permission to Enter" upon private property will be required. 3. The City shall contract with Fronabarger Concreters, Inc. to construct the street improvements as depicted in Exhibit "A". Fronabarger Concreters, Inc. shall seed and straw any disturbed areas upon completion of construction. 4. Fronabarger Concreters, Inc. shall complete the construction in timely fashion after the start of construction, unless a time extension for the project shall be granted by the City for good and substantial reasons, as determined by the City Engineer, which shall not be unreasonably withheld. 5. The Owners shall be issued special assessments to pay for a portion of the cost of the project and the Owners agree to pay those special assessments. The Owners' assessments shall be based on the cost of approximately 180 feet of concrete pavement and base for the distance the improved road adjoins their properties. The assessment shall be in the form of a special tax bill payable over a ten-year period at the standard interest rate, as outlined in the City Code Article III Special Assessment Projects, Sec. 21-46, 47, and 48 and RSMo 88-811 et seq. The assessment for this project shall be $73.59 per front foot. The principal amount of these tax bills will be as follows: Tibbles Enterprises, L.P./William and Gail Smith Hennecke - $13,246.20, whose property has a front footage of 180 feet; Heartland Rentals, Inc./Mike Smith - $11,406.45, whose property has a front footage of 155.0 feet; and Renfroe's Heating and Cooling, Inc./ Ricky M. and Brenda A. Renfroe - $1,839.75, whose property has a front footage of 25 feet. The Owners agree to waive all statutory process in connection with the issuance of said Special Assessment Tax Bill and to waive all rights to challenge the issuance of such Special Assessment Tax Bills. 6 Notice. Any notice required by this Agreement shall be deemed to be given if it is mailed by first class, United States Mail, postage prepaid and addressed as hereinafter specified. If to the City, such notice shall be addressed to: Douglas K. Leslie, City Manager City of Cape Girardeau 401 Independence Cape. Girardeau, MO 63703 And a copy to: Eric Cunningham, City Attorney City of Cape Girardeau 401 Independence Cape Girardeau, MO 63703 If to the "Owners", such notices shall be addressed to: Tibbles Enterprises, L.P. William Hennecke and Gail Smith Hennecke 325 South Louisiana Street Cape Girardeau, Missouri 63703 Heartland Rentals, Inc. Mike Smith 2842 Whitener Street Cape Girardeau, Missouri 63701 Ricky and Brenda Renfroe Renfroe's Heating and Cooling, Inc. 2281 Walnut Street Cape Girardeau, Missouri 63701 Each party shall have the right to specify that notice is to be addressed to another address by giving to the other party ten (10) days written notice thereof. 7 Amendments. This Agreement shall not be amended, modified, canceled or abrogated without the written consent of the parties. 8 Effective Date. This Agreement shall be binding on the parties hereto only after all legal requirements relating to the City entering into this Agreement have been satisfied. 9 Termination. If, through any cause, the Owners shall violate any of the covenants, agreements, or stipulations of this agreement, the City shall thereupon have the right to terminate this agreement by giving written notice to the Owners of such termination, setting forth the reason for the breach, and specifying the effective date thereof, giving at least fifteen (15) days notice before the effective day of such termination provided the Owners shall have the right to cure any claimed default within the fifteen day period from the date of the notice. 10 Conflicts. No officer or employee of the City and no member of the City Council shall have a financial interest, direct or indirect, in this agreement. A violation of this provision renders the contract void. Any federal regulations and applicable provisions in Section 105.450 et. seq. R.S.Mo. shall not be violated. 11 Assignment. The Owners shall not assign any interest in this agreement, and shall not transfer any interest in the same (whether by assignment or novation), without prior written consent of the City. Notice of such requested assignment or transfer shall be furnished in writing promptly to the City. Any such assignment is expressly subject to allrights and remedies of the City under this agreement, including the right to change or delete activities from the contract or to terminate the same as provided herein, and no such assignment shall require the City to give any notice to any such assignee of any actions which the City may take under this agreement, though the City will attempt to so notify any such assignee. 12 Liability and Indemnity. The parties hereby mutually agree to the following. a. In no event shall the City or the Owners be liable to each other for special, indirect, or consequential damages, except those caused by gross negligence or willful or wanton misconduct arising out of or in any way connected with a breach of this contract. b. The Owners shall defend, indemnify, and hold the City harmless from and against all claims, losses, and liabilities arising out of personal injuries, including death, and damage to property occurring during the construction period which are caused by the Owners, their agents, employees, servants or contractors arising out of or in any way connected with the construction of the improvements. c. This agreement shall be not intended to create any rights enforceable by any third party beneficiary. 13 Jurisdiction. This agreement and every question arising hereunder shall be construed or determined according to the laws of the State of Missouri. Should any part of this agreement be litigated, venue shall be proper only in the Circuit Court of Cape Girardeau County, Missouri. 14 Authog-ty. All individuals signing this agreement state that they have authority to sign this agreement for the purposes herein stated. CITY OF CAPE GIRARDEAU, MISSOURI Douglas K. Leslie City Manager STATE OF MISSOURI ) ss. COUNTY OF CAPE GIRARDEAU ) BE IT REMEMBERED, That on this day of 2005, before me, the undersigned, a Notary Public in and for the County and State aforesaid, came Douglas K. Leslie, City Manager of Cape Girardeau, Missouri, a City duly organized, incorporated and existing under and by virtue of the laws of the State of Missouri, and who is personally known to me to be the same person who executed, as such official, the within instrument on behalf of said municipal corporation, and such person duly acknowledged the execution of the same to be the act and deed of said municipal corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year last above written. [Typed Name of Notary Public] My Commission Expires: APPROVED AS TO FORM: Eric Cunningham City Attorney OWNERS Tibbles Enterprises, L.P. By ibbles Management Company, General Partner N Title STATE OF MISSOURI ) ss. COUNTY OF CAPE GIRARDEAU ) BE IT REMEMBERED, That on this --2-6 day of200 before e, the undersigned, a Notary Public in and for the County and State 'oresaid, cameJ(�!G?��J. to me personally known, who, being by me duly sworn, did state that she iso Tibbles Enterprises, L.P., and that aid instrument was signed in behalf of saidth y authority of its 1 ,_)�or dA 411),11the consideration stated therein and no other, d_ said acknowledged said instrument to be the free act and deed of said IN WITNESS WHEREOF, I have hereunto set my hand and affixed ff official seal, the: day and year last above written.'I 1 My Commission Expires:` [Typed Name of Notary Public]" Ir N� Wi 'am Pennecke and Gail mith Hennecke Namgj,l A, Q-Alaz'L 0'"U-�qj� ame STATE OF MISSOURI ) ss. COUNTY OF CAPE GIRARDEAU ) BE IT REMEMBERED, That on this, -day of44 2005 before me, the undersigned, a Notary Public in and for the County and Stat aforesaid, came William Hennecke and Gail Smith Hennecke, to me personally known, who, being by me duly sworn, and that said instrument was signed for the consideration stated therein and no other, and said William Hennecke and Gail Smith Hennecke acknowledged said instrument to be their free act and deed. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the dayand year last above written. My Commission Expires: [Typed Name of Notary Public] �4 � ,i7 Heartland Rentals, In . N e isle STATE OF MISSOURI ss. COUNTY OF CAPE GIRARDEAU ) BE IT REMEMBERED, That on this day of , 2 05 before me, the undersigned, a Notary Public in and for the County and State aforesaid came C -f— l me personally known, who, being by me duly sworn, did state that he is the of Heartland Rentals, Inc., and that said instrument was signed in behalf of said corporatio by authority of its Board of Directors for the consideration stated therein and no other, and said li%% " sTAK acknowledged said instrument to be the free act and deed of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year last above written. `► My Commission Expires: a - n -C)8 TASHA GARNER Mike Smith �' a _.: !Y - Cape Girardeau County dP Seal .o�c My Commission Expires / of M�SS�` February 17, 2008 Name isle STATE OF MISSOURI ss. COUNTY OF CAPE GIRARDEAU ) BE IT REMEMBERED, That on thisday of 2005 before me, the � undersigned, a Notary Public in and for the County and State aforesaid, came .LTean"o wad a— Siith Heme6ke, tome personally known, who, being by me duly sworn, and that said instrument was signed for the consideration stated therein and no other, and said Gail Smith Hennecke and William Hennecke acknowledged said instrument to be their free act and deed. IN WITNESS WHEREOF, I have hereunto set tmny hand and affixed my official seal, the day and year last above written. My Commission Expires: CAROL.YN I. BARKS NOTARY PUBLIC STATE OF MISSOURI GAPE GIRARD" "' COUNTY MY COMMISSION EXP, JUNE 12,2005 c*� [Typed Name of Notary Public] r J Of, ji �p STATE OF MISSOURI Renfroe's Heating and Cooling, Inc. Name Title SS. COUNTY OF CAPE GIRARDEAU ) Tif BE IT REMEMBERED, That on this ` day of PlZ�`L , 2005 before me, the undersigned, a Notary Public in and for the County and State aforesaid, came R,*c kv l' &FTZvE , to me personally known, who, being by me duly sworn, did state that he is the PR Esf b 0V ff Renfroe's Heating and Cooling, Inc. and that said instrument was signed in behalf of said corporation by authority of its Board of Directors for the consideration stated therein and no other, and said RiUkV 1?ZNFrWE: acknowledged said instrument to be the free act and deed of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year last above written. .n A l_ �il IJIj.�/li a� [Typed Name of Notary Public] A My Commission Expires:rA '� �✓ V Ricky M. Renfroe and Brenda A. Renfroe STATE OF MISSOURI ss. COUNTY OF CAPE GIRARDEAU ) T/f BE IT REMEMBERED, That on this Z6 — day of piz, ► L , 2005 before me, the undersigned, a Notary Public in and for the County and State aforesaid, came Ricky M. Renfroe and Brenda A. Renfroe, to me personally known, who, being by me duly sworn, and that said instrument was signed for the consideration stated therein and no other, and said Ricky M. Renfroe and Brenda A. Renfroe acknowledged said instrument to be their free act and deed. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year last above written. My Commission Expires: r � [Typed Name of Notary Public] f0 s�