Loading...
HomeMy WebLinkAboutRES.2461.07-06-2009BILL NO. 09-117 RESOLUTION NO. (:2(1&1 / A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR LAND ACQUISITION, WATER BASIN CONSTRUCTION, DONATION AND FUTURE DEVELOPMENT WITH ST. FRANCIS MEDICAL CENTER, 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 an Agreement for Land Acquisition, Water Basin Construction, Donation and Future Development with St. Francis Medical Center, in the City of Cape Girardeau, Missouri. A copy of said Agreement is attached to this Resolution and made a part hereof. PASSED AND ADOPTED THIS/ DAY OF 20 &JaKnudtson, Mayor AGREEMENT FOR LAND ACQUISITION, WATER BASIN CONSTRUCTION, DONATION AND FUTURE DEVELOPMENT THIS AGREEMENT FOR LAND ACQUISITION, WATER BASIN CONSTRUCTION, DONATION AND FUTURE DEVELOPMENT ("Agreement"), made as of the day of , 2009, by and between Saint Francis Medical Center, a Missouri nonprofit corporation, 211 Saint Francis Drive, Cape Girardeau, Missouri 63703 ("Saint Francis") and the City of Cape Girardeau, a municipality of the State of Missouri, , Cape Girardeau, Missouri ("City"). WHEREAS, Saint Francis owns property and operates medical facilities in Cape Girardeau; WHEREAS, the City regulates and controls water drainage through certain water detention requirements; WHEREAS, the City is in need of an additional water detention basin in the area of the Saint Francis facilities and has requested Saint Francis to construct the basin; WHEREAS, Saint Francis previously has constructed a water detention basin on its properties; WHEREAS, Saint Francis is willing to acquire property and construct a new water detention basin in the vicinity of its properties and facilities at the request of, and for the benefit of the City; WHEREAS, the City is willing not to require additional water basins for any future development of the 18.27 acres identified on Exhibit C, as provided herein, and WHEREAS, Saint Francis and the City have agreed to proceed under the terms and conditions set out in this Agreement. NOW, THEREFORE, in consideration of the foregoing recitals, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Saint Francis and the City agree as follows: 1. EXISTING WATER BASIN. Saint Francis and the City acknowledge and agree that Saint Francis has constructed a water detention basin on the northern part of its property east of Silver Springs Road consistent with the requirements of the City. The location of the basin is generally depicted and designated as "A" on Exhibit A attached hereto and incorporated herein by reference. That water basin provides for water detention storage in excess of detention requirements, resulting in additional water detention storage availability. 2. LAND ACQUISITION, DONATION AND BASIN CONSTRUCTION. The Parties acknowledge and agree that the City needs an additional water detention basin in the vicinity of the Saint Francis property and facilities, and that the City has requested Saint Francis to acquire land and construct a water basin on such land, all at the cost and expense of Saint Francis, and to donate the land and basin to the City. Saint Francis agrees to use its good faith efforts to acquire a parcel of land, consisting of .51 acres, located generally at Whitener and Silver Springs Road, and generally depicted and designated as `B" on Exhibit A, subject to the conditions herein. Saint Francis will use good faith efforts to acquire said parcel within four (4) months of final approval and full execution of this Agreement, subject to the purchase price being reasonable in the sole discretion of Saint Francis; subject to Saint Francis obtaining a title report or commitment covering said parcel satisfactory to Saint Francis from a title company selected by Saint Francis; subject to Saint Francis obtaining a survey of said parcel satisfactory to Saint Francis, confirming that said parcel is at least .50 acres, from a surveyor selected by Saint Francis; and subject to Saint Francis being able to confirm that it will be able to obtain all required permits and approvals to construct the water detention basin described hereinafter. In the event that all of those conditions are not satisfied, Saint Francis shall have no further responsibility or obligation to acquire said parcel of land. After acquisition of said property, within a reasonable time, Saint Francis agrees to have a water detention basin constructed on said property, with the size, specifications and cost of said basin to be based on the mutual agreement of the parties, taking into account the estimated available water storage detention volume. The City further agrees to provide any and all engineering services at its cost needed to develop approved construction documents for construction of the water detention basin and to waive any subsequent city document review and permit fees required for the construction of the water detention basin. Upon completion of construction of the water detention basin, within a reasonable period of time, to be subject to agreement of Saint Francis and the City, Saint Francis agrees to donate the property and basin to the City, and the City agrees to accept said donation. The donation shall be pursuant to a donation agreement mutually agreed upon by Saint Francis and the City, which shall include terms for the City's complete responsibility and maintenance of the property and the water basin, and for the maintenance of adequate liability and property damage insurance for said property and basin. 3. FUTURE DEVELOPMENT. The parties acknowledge and agree that Saint Francis owns currently undeveloped property consisting of 18.27 acres, generally depicted and designated as "C" on Exhibit A, and with legal description included on Exhibit B, attached hereto and incorporated herein by reference. The parties further acknowledge and agree that Saint Francis intends to develop said property in the future. In consideration of the water basin previously constructed by Saint Francis, as described in section 1 above, and the basin to be constructed and donated as described in section 2 above, and taking into account the total volume of water detention available through those two basins, the City agrees not to require Saint Francis at any time, nor shall Saint Francis have any responsibility at any time, to construct any water detention basin or facility on its 18.27 acre property depicted and described on Exhibits A and B, or on any of its other property, before, N during the course of, or after any future development of and on said 18.27 acre property, or any of its other property. 4. AUTHORITY. Saint Francis and the City represent and warrant, each to the other, that each and their respective representatives, who are signatories to this Agreement, have full power and authority to enter into, execute and perform this Agreement, and that this Agreement has been duly approved by all requisite action by each party. 5. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the parties covering the subject matter hereof, supersedes any and all prior agreements and understandings, and may be amended only by a writing duly approved and duly executed by and on behalf of Saint Francis and the City. 6. NOTICE. All notices provided for or permitted under this Agreement shall be in writing, and delivered by personal delivery or by first class United States Mail, postage prepaid, with notice being effective upon personal delivery or deposit in the mail, as the case may be, to the parties as follows: If to Saint Francis: Richard Essner, Director, Facilities Management, Saint Francis Medical Center, 211 Saint Francis Drive, Cape Girardeau, Missouri 63703. If to the City: Each party shall have the right to change the above person or address for notice by notice given pursuant to this section. IN WITNESS WHEREOF, Saint Francis and the City have duly executed this Agreement as of the day and year first written above. CITY OF CAPE GIRARDEAU SAINT FRANCIS MEDICAL CENTER By: By: Title: Title: Date: 3 Date: Steven C. Bjelich President and CEO 4 GRAPHIC SCALE a 200' 460' boa goo, WXRENER DRIVE nBn 0.61 ACRE PARCEL (APPRO)UMATE) INDEPENDENCE STREET INOfiPENOENCE 8TREE7 A'. B "'- A .� S 86.01' E a J9" 9 PROF68SIONAL COURT ' 430.86' g i Vh 131 ' - C ....5 85'58'53^B 998,35' 0 116) _. SEE INSET NO.1 11^11 11 /�11 NOT TO rSSCALE f t 11 (13, �'MNCIBCgH' � : + DUSTING DETEPIION BASIN F 7 1 •7 21 h- SS. /e. FUTURE DEVELOPMENT TRACT1 SAINT FRANCIS XEALTHCARE SYSTEMS 1S.27 ACRES % � (APPROXIMATE) BNNTFtUNG814FKTIMMEWYWiT9+9 ''. s e6.02'34^�• H - ' 3, 7187 m fiii5n0 '. IS HSS. EXHIBIT DAN P"1410 S'/ BOUNDARY DIMENSION TABLES _ WiRI1CN11E NEu+rIbePRAI. '00, . - CANCEII N817ME � B '. LINE DIMENSION TABLE NO. BEARING 1. EVBIE+1B OISTANCE t N 04.38'02' E 250.22' 2 S 03.57'58' W 0.27' 3 S 86.01'28' E a y 3 IN Nr 223.21' 4 N 03'57'58" E 0.27' AL Y. hP q^ 2 h 5 N 55.15'21' M 209.10' 6 5 70.44'10" E 48.44' 7 N 154.47' - NFALTNENEN+E.W CENTER BNNTFMNDBMEOIfAlCS11Q! y" yS� 114) Y 181 55.51'56" W B S 58'49'19" W 27.53' 9 N68.22'52' W 76.72' 191 10 5 34'24'11' W 50.14' 11 5 28.48'19" W 114.06' j^ 12 N 71.23'19" W 74.95' 13 N 80.41'21" W 91.18' B Al'N>p�3D�y EPYWING 14 S 03.47'53" W 36.63' 15 5 04'07'22 W 124.92' Syn fXFKE B"WNO SURVEY MONUMENT INFORMATION 16 S 86'02'74" E 200.15' 17 N 85.29'11" W 190.10' X66 JI C4 oA 1/2' IRON PIN 18 N 65.28'28" W 206.22' 8 C6 B 5 87'17'01" W 841.48 C5 CURVE TABLE (R.O.W. VNSES) OB 1/2" IRON PIN -SET FROM PREVIOUS SURVEY 'N0. RADIUS DELTA NG TN TANGENT GpROONVILLE ROAD 1 5500 111.12 59 106.86 80.35 © 2' IRON PIPE - FOUND Q 3/8' IRON PIN - FOUND 2 55.00 111.17 43 106. 84 80.47 7 470.00 12• B 4 10 .34 4 779.89 01.55 JO 4.86 12 .43 5 70.00 85.2e JS 44.72 21.69 6 55.00 220.70 42 217.60 --I--_ 1 480.00 12'3. 46 105.94 53.19 tnRN,-IIN.+ �ar^mm Pmo]r,.ND. wu o .d SgYBOwen r11a INTICREDIT ROU�ARY EXHIBIT "A" amom r6["[W4i1. ' ENGINEERING & SURVEYING ""8 W AINT GfNmclfRc[ TNnRlu- ilf m - 1 . 1