HomeMy WebLinkAboutRES.2589.01-10-2011BILL NO. 11-02
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE A LICENSE AND INDEMNITY AGREEMENT WITH
ATLAS PLASTICS CORPORATION, D/B/A SPARTECH PLASTICS,
FRED R. WILFERTH AND JUDITH R. WILFERTH TO MAINTAIN
EXISTING STRUCTURES LOCATED ON SPARTECH DRIVE RIGHT-
OF-WAY 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 License and Indemnity Agreement with Atlas
Plastics Corporation, d/b/a Spartech Plastics, and Fred R. Wilferth and Judith R. Wilferth to
maintain existing structures located on Spartech Drive right-of-way 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 J& DAY OFd"mV174-32011.
AL'4._�4 I
__arry E. ediger N_layor
ATTEST:
LICENSE AND INDEMNITY AGREEMENT
In consideration of the City Council of the City of Cape Girardeau, Missouri, hereinafter known as "City",
granting Atlas Plastics Corporation, dba Spartech Plastics, and Fred R. Wilferth and Judith R. Wilferth, hereinafter
known as "Licensees", permission to place certain improvements and conduct certain activities on City property which
is located at 229 Optimist Drive in the City of Cape Girardeau, Missouri, Cape Girardeau County, Missouri, the parties
hereto state as follows:
The City of Cape Girardeau, Missouri, hereby grants to Licensees a license to place certain improvements
to -wit:
• Existing structures located on Spartech Drive right-of-way as shown on Exhibit A.
2. Licensees, and their successors, heirs and assigns all agree as follows:
A. That they will assume all risk of personal injury or death and property damage or loss from whatever
causes arising while any person approaches, enters, uses or leaves the aforementioned property, which
may occur directly or indirectly from the placing of said improvements or the conduct of such
activities on City property.
B. That they do hereby release the City of Cape Girardeau, its officers, employees, agents, servants and
assigns from any liability which might occur from the placing or use of such improvements or the
conduct of such activities.
C. That they will indemnify and hold harmless the City of Cape Girardeau, its officers, employees, agents
and servants from all suits and actions of every name and description brought against the City, its
officers, employees, agents and servants for or on account of any injuries or damages received or
sustained by any parties or alleged to be received or sustained by any parties or party which may result
directly or indirectly from the placing or use of said improvement or the conduct of such activities on
City property.
D. That they will keep said improvements which are placed on the City property in a state of good repair
and will cooperate with the City by making necessary repairs as requested by the City so as to protect
the health and safety of the Citizens.
E. That they will not maintain on the property any hazardous or toxic waste or substances, as defined
under all applicable federal, state and local environmental laws, including, but not limited to, hazardous
waste as defined in the Resource Conservation and Recovery Act of 1976 as amended ("RCRN ),
hazardous substances as defined in the Comprehensive Environmental Response Compensation and
Liability Act as amended ("CERCLA") and toxic substances as defined in the Toxic Substances Control
Act as amended ("TSCA"). Any operations on the property shall not be in violation of any laws,
regulations, ordinances, statutes, orders or decrees of any governmental body, arbitration tribunal or
court, including, without limitation, RCRA, CERCLA, TSCA and all regulations thereunder. There
shall be no conduct of business on the property which constitutes a violation of Environmental Laws
or any other laws, regulations, ordinances, statutes, order or decrees of any governmental body.
F. Nothing in this agreement or actions of the City in granting permission to place said improvements or
conduct of such activities on the described property shall be construed to give the Licensee, any
irrevocable rights to keep said improvements or activities on such property. The City Council reserves
the right to terminate this agreement and to order the removal of said improvements and/or the
cessation of said activities in the future at the cost of Licensees, their successors and assigns, should
the City Council determine this to be in the best interest of the City. In such event, Licensees, or their
successors and assigns, agree to remove said improvements and to cease such activities within thirty
(30) days of notice. Should Licensees, or their successors, heirs or assigns fail to comply with any of
the terms of this agreement, the City of Cape Girardeau reserves the right to make any repairs or
alterations deemed necessary by the City of Cape Girardeau by giving Licensees, or their successors,
heirs or assigns, thirty (30) days notice and such persons, successors, heirs or assigns hereby agree that
they will pay for any costs incurred by the City for such repairs or alterations. If the Licensee fails to
pay for any costs incurred by the City for such repairs or alterations, the City may issue tax bills which
shall become alien against the land owned by the Licensee.
3. This license and the covenants herein contained shall run with the land and inure to and be binding upon
the successors, heirs and assigns of the respective parties.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed this day of
2010.
ATTEST:
Gayle L. Conrad
City Clerk
Scott A. Meyer, City Manager
ATLAS PLASTICS CORPORATION, DBA SPARTECH
PLASTICS
Signature
Typed Name and Title
Fred R. Wilferth
Judith R. Wilferth
STATE OF MISSOURI )
SS.
COUNTY OF CAPE GIRARDEAU )
On this day of , 2010, before me appeared Scott A. Meyer, to me personally
known, who, being by me duly sworn, did say that he is the City Manager of the City of Cape Girardeau, Missouri, a
Municipal Corporation of the State of Missouri, and that the seal affixed to the foregoing instrument is the seal of
said city and that the said instrument was signed and sealed on behalf of said City by authority of its City Council and
acknowledged said instrument to be the free act and deed of said City.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in Cape
Girardeau, Missouri, the day and year first above written.
My Commission Expires:
STATE OF MISSOURI )
ss.
COUNTY OF CAPE GIRARDEAU )
BE IT REMEMBERED, That on this day of , 2010 before me, the
undersigned, a Notary Public in and for the County and State aforesaid, came , to me personally
known, who, being by me duly sworn, did state that he is the of the Atlas Plastics
Corporation, dba Spartech Plastics, and that said instrument was signed in behalf of the corporation for the
consideration stated therein and no other, and said
act and deed of the corporation.
acknowledged said instrument to be the free
In Testimony Whereof, I have hereunto set my hand and affixed my official seal at my office in said County
and State the day and year first above written.
[Typed Name of Notary Public]
My Commission Expires:
STATE OF MISSOURI )
ss.
COUNTY OF CAPE GIRARDEAU )
On this day of , 2010, before me personally appeared Fred R. and Judith R.
Wilferth, to me known to be the persons described in and who executed the foregoing instrument, and acknowledged
that they executed the same as their free act and deed.
In Testimony Whereof, I have hereunto set my hand and affixed my official seal at my office in said County
and State the day and year first above written.
[Typed Name of Notary Public]
My Commission Expires:
Tide of Document:
Date of Document:
Grantor(s) Name and Address
Grantee(s) Name and Address:
Legal Description:
Reference Book & Page, if required:
COVER PAGE
License and Indemnity Agreement
January 14, 2011
City of Cape Girardeau
401 Independence
Cape Girardeau, MO 63701
Spartech Plastics
229 Optimist Drive
Cape Girardeau, MO 63701
See Attachment
Plat Book 4; Page 46
IIII IRlllll!IIII
SCOTT R CLARK
RECORDER DEEDS
RECORDED
! 08�13 AM
LICENSE AND INDEMNITY AGREEMENT
In consideration of the City Council of the City of Cape Girardeau, Missouri, hereinafter known as "City",
granting Atlas Alchem Plastics, Inc. (formerly known as Atlas Plastics Corporation), dba Spartech Plastics, Fred R.
Wilferth and Judith R. Wilferth, hereinafter known as "Licensees", permission to place certain improvements and
conduct certain activities on City property which is located at 229 Optimist Drive in the City of Cape Girardeau,
Missouri, Cape Girardeau County, Missouri, the parties hereto state as follows:
1. The City of Cape Girardeau, Missouri, hereby grants to Licensees a license to place certain improvements
to -wit:
• Existing structures located on Spartech Drive right-of-way as shown on Exhibit A.
2. Licensees, and their successors, heirs and assigns all agree as follows:
A. That they will assume ali risk of personal injury or death and property damage or loss from whatever
causes arising while any person approaches, enters, uses or leaves the aforementioned property, which
may occur directly or indirectly from the placing of said improvements or the conduct of such
activities on City property.
B. That they do hereby release the City of Cape Girardeau, its officers, employees, agents, servants and
assigns from any liability which might occur from the placing or use of such improvements or the
conduct of such activities.
C. That they will indemnify and hold harmless the City of Cape Girardeau, its officers, employees, agents
and servants from all suits and actions of every name and description brought against the City, its
officers, employees, agents and servants for or on account of any injuries or damages received or
sustained by any parties or alleged to be received or sustained by any parties or party which may result
directly or indirectly from the placing or use of said improvement or the conduct of such activities on
City property.
D. That they will keep said improvements which are placed on the City property in a state of good repair
and will cooperate with the City by malting necessary repairs as requested by the City so as to protect
the health and safety of the Citizens.
E. That they will not maintain on the property any hazardous or toxic waste or substances, as defined
under all applicable federal, state and local environmental laws, including, but not limited to, hazardous
waste as defined in the Resource Conservation and Recovery Act of 1976 as amended ("RCRA'),
hazardous substances as defined in the Comprehensive Environmental Response Compensation and
Liability Act as amended ("CERCLA') and toxic substances as defined in the Toxic Substances Control
Act as amended ("TSCA'), which would be in violation of any RCRA, CERCLA, TSCA and all
regulations thereunder. Any operations on the property shall not be in violation of any laws,
regulations, ordinances, statutes, orders or decrees of any governmental body, arbitration tribunal or
court, including, without limitation, RCRA, CERCLA, TSCA and all regulations thereunder. There
shall be no conduct of business on the property which constitutes a violation of Environmental Laws
or any other laws, regulations, ordinances, statutes, order or decrees of any governmental body.
F. Nothing in this agreement or actions of the City in granting permission to place said improvements or
conduct of such activities on the described property shall be construed to give the Licensee, any
irrevocable rights to keep said improvements or activities on such property. The City Council reserves
the right to terminate this agreement and to order the removal of said improvements and/or the
cessation of said activities in the future at the cost of Licensees, their successors and assigns, should
the City Council determine this to be m the best interest of the City. In such event, Licensees, or their
successors and assigns, agree to remove said improvements and to cease such activities within thirty
(30) days of notice. Should Licensees, or their successors, heirs or assigns fail to comply with any of
the terms of this agreement, the City of Cape Girardeau reserves the right to make any repairs or
alterations deemed necessary by the City of Cape Girardeau by giving Licensees, or their successors,
heirs or assigns, ninety (90) days notice and such persons, successors, heirs or assigns hereby agree that
they will pay for any costs incurred by the City for such repairs or alterations. If the Licensee fails to
pay for any costs incurred by the City for such repairs or alterations, the City may issue tax bills which
shall become alien against the land owned by the Licensee.
3. This license and the covenants herein contained shall run with the land and inure to and be binding upon
the successors, heirs and assigns of the respective parties.
IN WITNESS WHEREOF, the parties hereto have cau d agreement to be executed this Zz-�l day of
2044
2®1l .
t x, City Manager
ATLAS ALCHEM PLASTICS, INC.,
DBA SPARTECH PLASTICS
By: �It E. Mann, Senior Vice President
STATE OF MISSOURI )
) ss.
COUNTY OF CAPE GI/RARDEAL1- )
—JCtytl,lce.'r�� 2oR
On this day ofIT6@TI` , 2J; before me appeared Scott A. Meyer, to me personally known,
who, being by me duly sworn, did say that he is the City Manager of the City of Cape Girardeau, Missouri, a Municipal
Corporation of the State of Missouri, and that the seal affixed to the foregoing instrument is the seal of said city and
that the said instrument was signed and sealed on behalf of said City by authority of its City Council and
acknowledged said instrument to be the free act and deed of said City.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in Cape
Girardeau, Missouri, the day and year first above written.
My Commission Expires:
STATE OF MISSOURI
COUNTY OF ST. LOUIS
•NOT flay
_'•. SEAL r
ss.
CAROL A. PETERS
My Commission Expires
November 17, 2012
Cape Girardeau County
CommissbR#08884121
On this � day of November, 2010 before me appeared Janet E. Mann, to me personally known, who, being
by me duly sworn, did state that she is the Senior Vice President of Atlas Alchem Plastics Inc., dba Spartech Plastics,
and that said instrument was signed in behalf of the corporation for the consideration stated therein and no other, and
said Janet E. Mann acknowledged said instrument to be the free act and deed of the corporation.
In Testimony Whereof, I have hereunto set my hand
and State the day and year first above written.
My Commission Expires:
July 28, 2012
STATE OF MISSOURI )
) ss.
COUNTY OF CAPE GIRARDEAU )
affixed my official seal at my office in said County
E. Scott
Kathleen E. ScotE- Notate Pulft
Notary Seal, State of
Missouri - St. Charles County
Commission #08533719
My Commission Expires 7/28/2012
On this —?:� Aay of V Ol 4tyOTJ , 2010, before me personally appeared Fred R. and Judith R.
Wilferth, to me known to be the persons described in and who executed the foregoing instrument, and acknowledged
that they executed the same as their free act and deed.
In Testimony Whereof, I have hereunto set my hand and affixed my official seal at my office in said County
and State the day and year first above written. AA6—km—liz
My Commission Expires:Ask
EState
TINA M CLINE
blics- Notary Seal
souri, Scott County
ion# 09830282
n Expires Jun 30, 2013
A PARCEL OF LAND BEING PART OF LOT #3 OF NOTHDURFT' S PARTITION
OF THE SOUTH PART OF LOT #4 OF THE SOUTHWEST QUARTER OF OUTLOT
80, THE EAST PART OF LOT 41 AND THE NORTHEAST PART OF LOT 42 OF
ROBERT STURDIVANT'S SUBDIVISION OF OUT LOT 81 IN SURVEY #2199,
TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN
LOCATED IN THE CITY AND COUNTY OF CAPE GIRARDEAU MISSOURI, SAID
PARCEL BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS
AS FOLLOWS:
COMMENCE at the Southwest Corner of Lot #3 of said Nothdurft's Partition; thence
N.07°50'00"E., a distance of 75.90 feet to an Iron Pipe; thence 5.81°40'56"E., a distance
of 255.00 feet to a /2" Iron Rod and the POINT OF BEGINNING; thence continue
5.81°40'56"E., a distance of 178.51 feet to a''/z" Iron Rod on the Westerly Right -of -Way
Line of Broadview Street; thence S.17°19'03"W., along said Right -of -Way, a distance of
273.30 feet to a Chiseled Cross at the intersection of said Westerly Right -of -Way with
the Northerly Right -of -Way Line of Spartech Drive; thence N.55°14' 14"W., along last
said Right -of -Way, a distance of 184.91 feet to a Yz" Iron Rod; thence departing from said
Right -of -Way, N. 17°20'41"W., a distance of 189.94 feet to the POINT OF
BEGINNING. Containing 0.938 acres, more or less, in the City and County of Cape
Girardeau Missouri. As per Survey by Scott A. Richards, Professional Land Surveyor
42359, dated August of 2010. Subject to existing Easements if any.
MAIN REFERENCE SOURCE IS:PT OF SURVEY FOR BARRY SCROGGINS
LI�f
ATLAS PLASTICS CORPORATION, SCROGGINS CONSTRUCTION
BOOK n46 PAGE #381 OF THE LAND DESCRIPTION
RECORDS OF CAPE GIRARDEAU
COUNTY MISSOURI A PARCEL Of LAND BEING PART OF LOT /3 OF NOTHOURFT'S PARTITION OF THE SOUTH PART OF LOT /4 OF THE SOUTHWEST QUARTER
OF OUT LOT 80, THE EAST PART OF LOT #1 AND THE NDRTHEAST PART BE LOT /2 OF ROBERT STURDIVANYS SUBDIVISION OF OUT LOT
BI IN SURVEY 12199, TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE EIFTH PRINCIPAL MERIDIAN LOCATED IN THE CITY AND COUNTY OF
CAPE GIRARDEAU MISSOURI, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED BY METES AND BWNOS AS FOLLOWS:
COMMENCE a1 the Southwest Comer of Lot E3 of sold NolhdurlPs Partition: Branca N.OT50 00"E.. a distance of 75.90 foot to an
Pipce
Iran e: thenS.B I'40'S6'E, a auto... of 255.a0 feel to a 1/2' Iron Rod aM Poe KIM OF BEGINNING;
5.81'40'5CE.. a Bel.nce of 178.51 feat to a 1/2" Iron Rod on the Westerly Right -of -Way Une of Bromi law Street; thence
5.I T1903"W., along said RyM-.f-Way, a distance of 273.30 feet t0 o Ch6ebd Cass at the Inferrecllon of said Westerly
Right -of -Way with In, Northerly Hight-of-Woy Line of Spadach Drlea: In.... N.559114"W., along last sold Rlghf-ol-Way, o
ago those of 180.91 feel to a 1/27 Iran Rod: thence departing from sold RAhl-of-Way, N.IT20',U%., o dlstunce of 189.94 Poet to
UPOINT OF BEGINNING. Cmd.fning 0.938 acres, more or less, In the City and County of Cape Cirmd<au Missouri. As per Survey
by Scoff A. Richards. Pr,4—hosrwl Land Surveyor 12359, doled August of 2010. Subtest to relating E ... muds If any.
50UIFI ` T CORNER
OP TRIPLP-B
5116DIVISION (PIAT
BOOK / 1 G PAGE
/94)
a
(NOW OR FORMERLY)
PAUL
BOOK //550 - PAGE #113
(NOW OR FORMERLY)
In PA,9, BLATMOR DRYWALL
BOOK #786 - PAGE #009
no 561 '40.56"E
255.00'
se
Se P40'S6"E
(NOW OR FORMERLY)
FRED R AND JUDITH R. WILFERTH---�/
BOOK #761 - PAGE #973
�3B.DD•
/ oa
POIM'OFI^p#AtAENCElAEM OFP
THE SOUTHWEST CORNER
OF LOT /3 OF NO DUFUM ty Y
PARTITION (PIAT t300KO e
PAGE #46) i S A
�sA CC PPRT OF LOF /30F ��
"QAq,�NORfDURF15FAKM10N .,� Em
'F" 1St py
0.938 Ac" =,Mes
,8 >>\co
LEGEND (IYPICAI) BUILDING
ENCRDACTIa
® SET 1/2" ROD AND KAP BY G.G7 IT. fs.'
oFOUNDIRON Roo .• O REFERENCES
FOUND RON PIPE BUILDING i6 / Q
FOUND STONE ENCROACHES A9)'f ` / Plot Book 82,Page $61 (Reference)
O CALCUUTEO CORNER POSITION BY 26J PF. l •a Plat Book /4. re
Pope /46 (Reference)CHISELED
CHISELED CRO55 ON CONCRETE �'.� QI Plal Book #23, Page #39 (Roforence)
Q EXISTING FENCE INTERSECTON Plot Book /16, Page /84 (Reference)
® FOUND STONE CAIRN
,9a6n TREE BU U)ING Book #246, Page /381 (Moi. Reference)
EXISTING FENCE LINE ENCRDAGHFS Book 1761. Page I973 (ADJOINED)
AS NOTED BY 9.37 PT. Book 0786, Poga #.Do (AOJOINLR)
P.O.B. POINT pI BEGINNING Back 8550. Page #113 (ADJOINER)
BUILDING Book 1241, Page #618 (Reference)
E9CRDPGHfYi Book /241, 1o9e #151 (Rafarenre)
BY 3.40 PF,. Book #392. Page #661 (Reference)
Book #239. Page #111 (get ... no.)
This Is to codify that I, a Mle-orl Land Surveyoq hwe
urveyed the property descrlb.d in the spare wPtbn as shown Pnor Surveys by P.LS. #2359
byIM1e annexed Plot, wMry
ch Suay Is bas bur and correct and wPrior Surveys by P.L.S.#I Zl6
executed to the best of my ability. In conformance wBh the Prior Surveys by P.L.S. #432
current Minimum Standards far Property 8 ... book Surveys In the Pdor Surveys by ELS. #1518
Stateof Missouri. GNen under m hand and seal of Cape Girardeau. Prior Surveys by PTS. 01627
Missouri Ihis loth day of August, AA. 2010. �'Po• Aerial Photograph /15-920
NISSOURI LAND SURVEYOR N0. 2359
FILE FOR RECORD THIS DAY OF 2010 IN GRAPHIC SCALE
THE OFFICE OF THE RECORDER OF DEEDS IN CAPE GIRARDEAU COUNTY
AT JACKSON, MISSOURI IN SURVEYORS PUT BORK NO_ _ AT
PAGE NO.
_ ( W TEE! ) URBAN SURVEY
JANET ROBERT. RECORDER OF DEEDS 1 crop - do R
RCe CESCPIP"or 0Y DATE EX
EH-L�1 TL-�{TT q
JOB NAME. BARRY SCROGGINS DRAWN in': KKS CHECKED BY: SAR E YA 1+ I � /����®sem SND $URVEIRNG
LOCATION' CAPE GIRARDEAU MISSOURI SCPLE I"=40' 9ai
PRWECT NUMBER DATE 8-16-2010
""p...c,H 5Hi-Ei 1813 GREENBRIER DR., CAPE GIRARDEAU, MISSOURI
SURVEY OF 0.838 ACRES (SPARTECH) 8109071 1 OF I Q PHONE 9 FAX. (573)33&7473