HomeMy WebLinkAboutORD.2955.12-03-2001BILL NO. 2001-237
ORDINANCE NO. ,-)q 5 15�
AN ORDINANCE AUTHORIZING THE EXECUTION OF A
FIRST AMENDMENT TO AMENDED AND RESTATED
COOPERATION AGREEMENT FOR ST. VINCENT
SEMINARY PROPERTY BETWEEN SOUTHEAST MISSOURI
STATE UNIVERSITY AND THE CITY OF CAPE
GIRARDEAU
WHEREAS, on January 25, 1999, Southeast Missouri State
University and the City entered into an Amended and Restated
Cooperation Agreement for St. Vincent Seminary Property (the
"Cooperation Agreement"); and
WHEREAS, the City finds it necessary and desirable to amend
the Agreement;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS:
ARTICLE 1. The City Manager is hereby authorized and
directed to execute, on behalf of the City, the First Amendment
to Amended and Restated Cooperation Agreement for St. Vincent
Seminary Property (the "First Amendment") between the City and
the University, and the City Clerk is hereby authorized and
directed to attest to said document and to affix the seal of the
City thereto. The First Amendment shall be in substantially the
form attached hereto as Exhibit A, which document is hereby
approved by the City Council, with such changes therein as shall
be approved by the officers of the City executing the same.
ARTICLE 2. This Ordinance shall be in full force and
effect 10 days after its passage and approval.
PASSED AND APPROVED THIS r, t da
Y
of DECEMBER, 2001.
Spradling, IVI, Mayor
FIRST AMENDMENT
TO
AMENDED AND RESTATED COOPERATION AGREEMENT
FOR ST. VINCENT SEMINARY PROPERTY
This First Amendment to Amended and Restated Agreement
(this "First Amendment"), is made this day of December,
2001, between Southeast Missouri State University, a state
educational institution of the State of Missouri (the
"University") and the City of Cape Girardeau, Missouri, a home
rule city and political subdivision of the State of Missouri
(the "City").
RECITALS
A. On January 25, 1999, the University and the City
entered into an Amended and Restated Cooperation Agreement for
St. Vincent Seminary Property Redevelopment Agreement (the
"Cooperation Agreement").
B. The parties agree to amend the Cooperation Agreement
as herein provided.
AGREEMENT
Now, therefore, in consideration of the premises and
promises contained herein and other good and valuable
consideration, the adequacy and sufficiency of which are hereby
acknowledged, the parties hereto agree as follows:
1. Paragraph 17 of the Cooperation Agreement is hereby
amended by deleting the reference to "December 31, 2001" therein
and inserting "December 31, 2003" in lieu thereof.
2. Except as amended hereby, the Cooperation Agreement is
and shall remain in full force and effect in accordance with the
provisions thereof.
3. This First Amendment may be executed in multiple
counterparts, each of which shall constitute one and the same
instrument.
4. In the event of any inconsistency between the terms
and provisions of the Cooperation Agreement and this First
Amendment, the terms and provisions of this First Amendment
shall prevail.
IN WITNESS WHEREOF, the parties have caused this Agreement
to be executed the day and year first written above.
CITY OF CAPE GIRARDEAU, MISSOURI
By.
ATTEST:
Gayle L. Conrad
City Clerk
Michael G. Miller,
City Manager
SOUTHEAST
UNIVERSITY
By.
Donald L.
President
Regents
ATTEST:
STATE OF MISSOURI )
)SS.
COUNTY OF CAPE GIRARDEAU )
MISSOURI STATE
Dickerson
of the Board of
On this day of December, 2001, before me appeared
Michael G. Miller, 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 in 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.
Delores G. Needham
Notary Public
My Commission Expires:
October 8, 2004
STATE OF MISSOURI )
SS.
COUNTY OF CAPE GIRARDEAU )
On this day of December, 2001, before me appeared
Donald L. Dickerson, to me personally known, who, being by me
duly sworn, did say that he is the President of the Board of
Regents of Southeast Missouri State University, and that the
seal affixed to the foregoing instrument is the seal of said
University and that the said instrument was signed and sealed in
behalf of said University by authority of its Board of Regents
and acknowledged said instrument to be the free act and deed of
said University.
IN TESTIMONY WHEREOF, I have hereunto set my hand and af-
fixed my official seal, at my office in Cape Girardeau,
Missouri, the day and year first above written.
[Typed Name of Notary
Public
My Commission Expires: