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HomeMy WebLinkAboutOrd.997.04-15-1991BILL NO. 91-63 ORDINANCE NO. q77 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR SALE OF REAL ESTATE BETWEEN THE CITY AND STEPHEN TRICKEY AND A SPECIAL WARRANTY DEED FOR FIRE STATION NO. 2 PROPERTY, 1632 INDEPENDENCE, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The Mayor, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute a Contract for Sale of Real Estate between the City and Stephen Trickey, 421 Broadway, Cape Girardeau, Missouri 63701, and is authorized to execute a Special Warranty Deed for Fire Station No. 2 property at 1632 Independence, in the City of Cape Girardeau, Missouri, more particularly described as follows: All of Lots Nos. Six (6) and Seven (7) in Block No. Three (3) of Longview Place, a subdivision of the City of Cape Girardeau, Missouri, as said lots are laid down and designated on the plat of said subdivision of record in the office of the Recorder of Cape Girardeau County, Missouri, ARTICLE 2. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof. ARTICLE 3. Pursuant to Section 3.15 of the Charter of the City of Cape Girardeau, Missouri, this measure is adopted as an emergency measure as it constitutes a Bill concerning the immediate preservation of public peace, property, health, safety or morals. Accordingly, this ordinance will take effect immediately upon its passage and approval. PASSED AND APPROVED THIS ,�61r'V DAY OF dX2nZ,6 , 19 Q1 . ATTEST: C;�aA&) De y City Clerk CONTRACT FOR SALE OF REAL ESTATE This Agreement is made on the � day of , 1991, at Cape Girardeau, Missouri, by and between the City of Cape Girardeau, Missouri, a Municipal Corporation, hereinafter referred to as "Seller", and Stephen Trickey, 421 Broadway, Cape Girardeau, Missouri, hereinafter referred to as "Buyer". IN CONSIDERATION of the covenants and agreements of the respective parties as hereinafter set forth, Seller agrees to sell and convey to Buyer and Buyer agrees to purchase and take from Seller the real estate situated in the County of Cape Girardeau, State of Missouri, and particularly described as follows: All of Lots Nos. Six (6) and Seven (7) in Block No. Three (3) of Longview Place, a subdivision of the City of Cape Girardeau, Missouri, as said lots are laid down and designated on the plat of said subdivision of record in the office of the Recorder of Cape Girardeau County, Missouri, together with all improvements thereon and appurtenances thereto. The following terms, provisions and conditions are further agreed to: 1. The total purchase price for the property is Seventy -Seven Thousand Five Hundred Dollars ($77,500.00) payable five per cent (5%) upon execution of this Contract and the balance to be paid upon delivery of a Special Warranty Deed by the City upon closing within thirty (30) days of the date of execution of this Contract. The parties hereto agree and recognize that Buyer has already paid to the City of Cape Girardeau, Missouri, by his check drawn on Centerre Bank dated April 1, 1991, the sum of One Thousand Dollars ($1,000.00) which shall be credited toward the five per cent .(5%) earnest money downpayment. Buyer's five per cent (5%) earnest money downpayment shall be forfeited by Buyer and retained by the City in the event that Buyer fails or refuses to perform pursuant to the terms of this Contract. 2. Conveyance of title to the property shall be by Special Warranty Deed executed by Seller, accompanied by an Ordinance approving the form of the Contract- and authorizing such conveyance to Buyer. 3. Seller agrees to provide an Abstract of Title certified and up-to-date in sufficient time in advance of the closing of this transaction to enable Buyer to obtain a title examination. Seller will provide said Abstract at Seller's expense and the examination of the title will be at the Buyer's expense. In the event that Buver's examination of the title reveals any material defect in the title to the real estate, Buyer shall so advise Seller in writing and Seller shall have thirty (30) days from the date of advisement to correct said title. In the event that Seller is unable to provide a good and marketable title, then this Contract shall be cancelled and all the funds paid by Buyer to Seller shall be refunded. It is agreed by and between the parties that Seller shall convey the property to Buyer free of any taxes, liens or encumbrances but that the property is subject to easements of record. 4. This transaction shall be closed and settlement shall occur hereunder at the office of the City Manager, 401 Independence, Cape Girardeau, Missouri, within thirty (30) days of the execution of this agreement. At such time and place or such other date as the parties may agree to in writing, each party - 2 - shall deliver to the other all instruments and funds required for the complete execution of this Contract. 5. The parties agree that the building currently located on the real estate is presently insured against casualty loss by Seller and that said insurance coverage will be provided until the closing date of this agreement. 6. It is further agreed that should any casualty loss occur during the time that the premises are insured by the City of Cape Girardeau, Missouri, that any amount paid by the insurance carrier to the City of Cape Girardeau, Missouri, as compensation for such loss shall be deducted from the final payment due from the Buyer provided, however, that Seller shall be responsible for a deduction in the amount of payment only during such time as Seller is required to maintain the insurance coverage and that any loss that occurs following closing of this agreement and delivery of the deed hereinabove mentioned or later shall be the full responsibility of Buyer. 7. It is agreed by and between the parties that the building located upon the real estate hereinabove described is to be sold by Seller and accepted by Buyer in an "as is condition". The Seller makes no warranty as to the condition of the structure and the parties hereto understand and agree that this building has been subject to inspection by the Missouri Department of Health on or about May 18, 1988, and that it was determined that a portion of the floor covering in said building contains asbestos. A copy of the report of the Missouri Department of Health is marked Exhibit "A", attached hereto and made part hereof by reference as - 3 - though fully set out herein. The parties hereto agree that Seller will upon closing of this contract have no further responsibility for compliance with any Health Department rules, laws or regulations relating to the asbestos flooring and Buyer assumes responsibility for such matters. 8. This Contract and the covenants and agreements herein shall bind and inure to the benefit of the parties hereto, their respective successors, heirs and assigns. CITY OF CAPE GIRARDEAU, MISSOURI ATTEST: Julie A. Dade, D)2puty City Clerk Stephen rickey - 4 - n John Ashcroft Governor Robert Harmon, M.D. Director P.O. Box 570, Jefferson City, MO 65102 • 314 / 751.6400 June 3.3, 1988 1,1r. Gary L. 6brth, Director Department of C=,unity Development City of Cape Girardeau City Hall 401 Independence, P.O. Box 617 Cara Girardeau, 1,10 63702-061.7 Dear PIr. Worth: Your city's facilities t: -re inspected for asbestos -containing building materials (ACHY) on May 18, 1988, in coroliance with State law. Santiples of building materials taken during the inspection -mare sent to an EPA -accredited laboratory for analysis. Tne analysis indicates there is sore ACHE present in your facilities. The attached retort specifies t„ -)ere these materials axe, their condition, and our recomendations. We ,ill retain a copy of this report on file. Ho%..,ever, wa will still need to be advised of your plans for interim measures and manacement of the ACB'7. If you have any questions or co.rrents on this report, please contact Carl Barber at (314) 751-6411 or (800) 392-7245. Sine 1y, 7 f4 Daryl . Roerts of Environmental Epidemiology EXHIBIT spa AN EQUAL OPPORTUNrMAFFIRMATIVE ACTION EMPLOYER savitos WoMw on a nondMr MnMlory basis inEHOWEM Department of Cosnmuri ty Development City of Cape Glrardeau Date: &-15.2 7kw: 9 3 v Am ASBESTOS INSPECTION REPORT NAME OF CITY/COUNTY: Cape Girardeau Cape Girardeau BUILDINGS INSPECTED: Square Feet 1 City Hall, 401 Independence 22,816 2 Old fire Station #1, 534 Independence 2,500 3 Police Station, 40 South Sprigg 16,716 4 Garage, 522-28 Independence 4,200 r5 Fire Station #1, 1 South Sprigg 20,181 .6 Fire Station #2, 1632 Independence 3,216 "7 Fire Station #3, 429 Emerald 2,604 8 Fire Station #4, 1435 Kurre Lane 3,328 9 Arena Building & Grandstand, Arena Park 34,476 10 Capaha Park Bandstand, Capaha Park 11,641 11 Capaha Pool Bath House, Capaha Park 4,000 12 Grandstand and Dugouts, Capaha Park 5,000 13 Mausoleum, New Lorimier Cemetery 3,265 14 Fort D, West Fort & Giboney 1,638 15 Golf Course Pro Shop, Golf Course 2,100 16 Storage Building, Golf Course 4,000 17 Central -Municipal Pool & Bathhouse, R401 Caruthers 4,800 18 Public Works Buildings, 219 North Kingshighway 269-75 North Kingshighway 20,984 19 Airport Terminal, Airport Road 10,230 20 Airport Hanger, Airport Road 22,000 21 Airport Restaurant, Airport Road 2,400 22 Airport Shop & Office, Airport Road 2,580 23 Waste water Laboratory, End of 3rd Street 1,118 24 Waste water Garage & Shop, End of 3rd Street 1,240 25 Waste water Storage, Chemical, End of 3rd Street 4,286 26 Reactor Offices & Incinerator, End of 3rd Street 3,159 27 Old Farm House, Delaware Park 1,200 28 Airport Clubhouse, Airport Road 4,500 Total 220,178 DATE INSPECTED: May 18, 1988 INSPECTOR: Carl Barber, Missouri Department of Health Accreditation #AE85470-034 ASBESTOS INSPECTION REPORT CAPE GIRARDEAU PAGE 2 RESULTS OF INSPECTION AND SAMPLE ANALYSIS: Approx. #Persons Bldg. Material ACBM Percent Friable Amount Exposed 1 Pipe Joints Yes 50-75% Yes 85 Joints 2 1 Pipe Wrap No 1 Pipe Joints Yes 50-75% Yes All 50 Joints 1 Pipe Wrap Yes 30-50% Yes 50 ln.ft. 50 1 Ceiling Tile No 1 Ceiling Tile No 1 Fire Curtain No 1 Wall Plaster No 1 8" Pipe Wrap Yes 75-100% Yes 50 ln.ft. 50 2 9" F oox Ti']e e`'s ] 5%° N_d-"-- �u 225 =a 2C 3 Woven Material Yes 50-75% Yes 20 sq.ft. 100 6 49- .PM -Tile- :,i__Yes, 1, 5 No `- Z000 �'s'gfift - 18 9" Floor Tile No 19 9" Floor Tile Yes 1-5% No 100 10 sq.ft. 19 9" Floor Tile No 19 Ceiling Plaster Yes 1-5% Yes 2500 50 sq.ft. Assess Code 1 1 1 1 avt 4 5 2 ASBESTOS INSPECTION REPORT CAPE GIRARDEAU PAGE 3 RESULTS OF INSPECTION AND SAMPLE ANALYSIS (CONTINUED): Approx. #Persons Asses: Bldg. Material ACBM Percent Friable Amount Exposed Code I 9 Ceiling Tile No i 9 9" Floor Tile Yes 1-5% No 100 100 6 sq.ft. 10 Ceiling Tile No 15 9" Floor Tile Yes 1-5% No 225 5 6 sq. ft. 14 9" Floor Tile No 14 Wall Plaster No 28 House Siding Yes 75-100% No 4500 5 sq. ft. 24 Transite Wall Yes 50-75% No 2500 5 6 sq. ft. LABORATORY IDENTIFICATION AND METHODOLOGY: National Asbestos Consultants, Inc. Oklahoma City, OK PLM/EPA Interim Method ASSESSMENT CODE KEY: 1 Damaged or significantly damaged thermal system insulation ACM 2 Damaged friable surfacing ACM 3 Significantly damaged friable surfacing ACM 4 Damaged or significantly damaged friable miscellaneous ACM 5 ACBM with potential for damage 6 ACBM with potential for significant damage 7 Any remaining friable ACBM or friable suspected ACBM DESCRIPTION OF MATERIAL AND RATIONALE FOR ASSESSMENT: Bldg. Material/Rationale 1 Material is of white -gray colored thermal pipe joint and pipe covering. This material on the joints are exposed without being wrapped. The material is in a fair state of repair. ASBESTOS INSPECTION REPORT CAPE GIRARDEAU PAGE 4 DESCRIPTION OF MATERIAL AND RATIONALE FOR ASSESSMENT"(CONTINUED): Bldg. Material/Rationale 2-6=.9- 5-19 Material is 9" vinyl asbestos -containing floor tile. The tile in the listed building appears to be well worn. As the organic binders in the tile start to decay due to age and wear, the asbestos contained within the material becomes suitable for fiber release. 3 This material is woven cloth used to connect the ductwork to the main unit of the heating, ventilation and air conditioning system (HVAC). 19 The material is ceiling plaster that appears to be sprayed/troweled on surfacing material. This material is very friable and with wind erosion there is a possibility of fiber release. 24 Material is transite that has several holes and cracks in it. The material is presently being used as a wall around the inside of a maintenance shop building. 28 The material is transite siding. Presently there is not a health hazard with this material. RECOMMENDATIONS FOR INTERIM MEASURES AND MANAGEMENT: Bldg. 1 Thermal wrapping for boilers, pipes and pipe fittings must be maintained in an undamaged state. Maintenance of the pipes and boiler must follow appropriate procedures for work with asbestos -containing thermal system insulation. When removal of asbestos material is needed, an approved asbestos abatement contractor should be contacted to discuss the situation. 2-6�-9 15-19 The floor tile can be removed, carpeted or new the placed over the existing tile. If removal of this material is being considered, an approved asbestos abatement contractor must be utilized. ASBESTOS INSPECTION REPORT CAPE GIRARDEAU PAGE 5 RECOMMENDATIONS FOR INTERIM MEASURES AND MANAGEMENT (CONTINUED): Bldg. 3 This material should be removed and replaced with non -asbestos material. Due to its location within the duct system, it has a high potential for releasing asbestos fibers. 24 This area is a definite health problem. Recommended correctable options are removal or enclosure. An approved asbestos abatement contractor should be contacted to discuss these alternatives. 28 Should this building be demolished, an approved asbestos abatement contractor must be used to remove the asbestos siding.