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HomeMy WebLinkAboutCityMgrForm.1473.08-01-1979CITY MANAGER FORM ORDINANCE NO. AN ORDINANCE APPROVING THE FORM OF AN AGREEMENT BETWEEN THE CITY OF CAPE GIRARDEAU, MISSOURI, P -M LAND COMPANY AND FREMONT ESTATES, INC. FOR PACKAGE TREATMENT PLANT FACILITIES IN SEWER DISTRICTS 14M AND 14M-1, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI, AUTHORIZING THE MAYOR TO EXECUTE WHEREAS, P -M Land Co., a Missouri Corporation, desires to construct a package treatment plant facility in Sewer District 14M to serve the San Dangaro Areas; and WHEREAS, Fremont Estates, Inc., a Missouri Corporation, desires to construct a package treatment plant facility in Sewer District 14M-1 to serve the Chateau Oaks II area; and WHEREAS, the City of Cape Girardeau, Missouri and the above said parties desire to enter into an agreement concerning the package treatment plant facilities; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: SECTION 1. The "Agreement", copy attached hereto marked Exhibit "A", between the City of Cape Girardeau, Missouri, P -M Land Company and Fremont Estates, Inc. is approved as to form. SECTION 2. The Mayor of the City of Cape Girardeau, Missouri, is hereby authorized and directed to execute said Agreement, copy attached hereto marked Exhibit "A", for and on behalf of the City of Cape Girardeau, Missouri. SECTION 3. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF 1979. ATTEST: r7< - CITY CLERK MAYOR A (,R H RnxRrtm THIS AGREEMENT, Made and entered into this day of July, 1979, by and between the CITY OF CAPE GIRARDEAU, MISSOURI, a Municipal Corporation, hereinafter called "City", and P -M Land Co., a Missouri Corporation, hereinafter referred to as P -M, and Fremont Estates, Inc.,.a Missouri Corporation, hereinafter referred'to as "Fremont". WITNESSETH: WHEREAS, P -M is presently the owner and operator of an existing sewage collection system and treatment plant serving an area known as the San Dangaro Subdivision area, and WHEREAS, Fremont is in the process of developing a new subdivision,. to be called Chateau Oaks II, for which it desires to construct a sewage collection system and treatment plant, and WHEREAS, Fremont and P -M have entered .into an agreement for the construction of an additional sewage treatment plant, similar to the existing one owned by P -M, to serve additional areas to be developed by P -M as well as areas developed by Fremont, and WHEREAS, under existing environmental protection laws, regulations and policies, the operation and maintenance of such sewage treatment facilities must be assumed by the City, IT IS NOW THEREFORE AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS: 1. The City will assume ownership and operation of the wastewater.collection and treatment plant facilities to serve sewer districts 14M (the San Dangaro Areas) and 14M-1 (the Chateau Oaks II area, generally) after P -M and Fremont fully and completely perform their obligations under this Agreement. Said treatment facility sites are located on the following described' property: Start at the southwest corner of Chateau Oaks No. 2, a subdivision within the City of Cape Girardeau,.Missouri; thence South 0® 101 West 199.71 feet; thence South 69° 36' West 213.6 feet; thence North 88® 13' West 699..8.7. feet to the place of beginning; thence continue North -8'8`° 13® West 121.98 feet to a point on the easterly right of way line of Perryville Road; thence along and with said right of way line, North 37' 16' West 88.9.feet; thence North 470 39' West 49.3 feet; thence North 560 20' West 14.06 feet to the intersection of the easterly right of way line of Perryville Road with the south right of way line of proposed El -Rio Drive;. thence with said southerly right of way line in a northeasterly direction along the arc of a 78° 53' curve to the right, a distance of 33.02 feet; thence north 75° 11' East 155.0 feet; thence South 14° 49' East 176.33 feet to the place of beginning. 2. Fremont and P -M, jointly and severally agree: A. To construct on a lot which meets the minimum requirements for an R-1 lot per Section 30-35 of the City's Zoning Code, the treatment plant expansion in accordance with the. plans and specifications approved by the City Council resulting in a total plant capacity in excess of 32,000 gallons per day. B. To obtain all necessary construction permits from Governmental regulatory agencies; to prepare in the name of the City, for submission by the City to applicable regulatory agencies, necessary operating and discharge permit.applications, and to satisfy all requirements by regulatory agencies for the issuance of the necessary operating and discharge permits. Such applications shall be promptly submitted by the City. C. To repair, restore and refurbish the package treatment plant such that the life expectancy of the plant, under normal operating conditions, will be a minimum of five (5) years from the date that the City assumes ownership and operation thereof, determined by an inspection by the City Engineer and the authorized manufacturer's representative. Said repair, restoration and refurbishment shall be accomplished prior to the.City's assumption of responsibility for the operation and maintenance of said plant. If total replacement of the plant is ever necessary at this location, the cost will be assessed to the sewer district served by the plant. D. To convey to the City by quit claim deed the lot upon which the plant is located. At such time as a sewage line is made available by the City, and services the subdivisions, the City will convey back to P -M and Fremont the sewage.treatment 2. plant and the lot on which it is located. As further conditions precedent to such conveyance to P -M, P -M and Fremont, jointly and severally,agree to pay the necessary cost to connect the lateral sewer line system in the subdivisions to a trunk system when installed to Sewer District 14M; to remove the package treatment plant at their own expense, and to repair the site, to as nearly as practicable, to the original contour of the land at their own expense. The cost of trunk sewers, and lateral sewers if necessary, to serve said subdivisions shall be assessed against the districts served by the treatment plant. E. To build according to City specifications an all- weather gravel access road, and to provide access road easements necessary for access from Perryville Road to the plant site, and to provide all necessary easements with respect to sewer lines. City will maintain the access road to the extent it deems necessary. F. To provide a $5;000 performance/maintenance bond for the San Da_agaro Unit and a $5,000 performance/maintenance -bond for the Chateau Oaks II unit to secure or cover replacement of major treatment plant items within the first five years of operation by the City. A major replacement item shall be an item costing in excess of $500 for necessary labor, materials and parts. G. To construct necessary new sewage collection system for Chateau Oaks II Subdivision and connect it with existing San Dangaro collection system. H. That the City may at some future date add a surcharge to recover unit operating costs of the package treatment plant in excess of those incurred by the City's central treatment plant. I. To reimburse City for inspection fees for inspecting the sewage treatment plant as it is being constructed. J. All work to be done shall be as shown on the approved development plans and in accordance with the applicable rules, regulations and ordinances of the City, and all other regulatory agencies, and shall be inspected and approved by the 3. d City, and meet existing City Ordinance requirements before acceptance by the City. K. To assume responsibility for and save the City harmless from all liability for damages occasioned by the digging up, use or occupancy of the street, alley, highway, public grounds and private grounds, or which may result therefrom, or which may result in any way from the negligence or carelessness of Developers, their agents, employees or.workmen, or by reason of the elements, unforeseen or unusual difficulties, obstructions, or obstacles encountered in the prosecution of the work; and they shall indemnify City for and save it harmless from all claims and liabilities, actions and causes of action, and liens for materials furnished .or labor performed in the construction or execution of the work, and from all costs,'charges and expense incurred in defending such suits or actions, and from and.against all claims and liabilities for injury or damage to persons or property emanating from defective or careless work methods, or from and i. against all claims or liabilities for royalties,,license fees, actions, suits charges.and expenses or damage from infringement for reason of the use of any invention or improvements in.tools, materials, equipment or plant or any process, device or combination of devices, used in the construction of the work. This agreement shall be binding upon the parties, their successors and assigns. IN WITNESS WHEREOF, the.Parties have caused this agreement 4. to be duly and properly executed as of the day and year first herein written. ATTEST: Verna L. Landis, City Clerk ATTEST: Gary M. Mabrey, Secretary CITY OF CAPE GIRARDEAU, MISSOURI By 4 Paul W. tehr, Mayor P -M LAND CO. By Daniel G. Penrod, President FREMONT ESTATES, INC. By J. A. Freeze, President ATTEST: ' Patricia J. Freeze, Secretary STATE OF MISSOURI ) ss. COUNTY OF CAPE GIRARDEAU ) On this day of , 1979, before me appeared PAUL W. STEHR, to me personally known, who, being by me duly sworn, did say that he is.the Mayor of the City of Carpe 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. My Commission Expires: October S, 1980 Delores G. Needham, Notary Public 5. STATE OF MISSOURI ) } ss. COUNTY OF CAPE GIRARDEAU } On this day of , 1979, before me appeared Daniel G. Penrod, to me personally known, who, being by me duly sworn, did say that he.is the President of P -M Land Co., a corporation of the State of Missouri, and that the seal affixed to the foregoing instrument is the corporate seal of said -P -M Land.Co., and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors and acknowledged said instrument to be the free act and deed of said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed MY official seal, at my office in Cape Girardeau the day and year first above written. My Commission Expires: (Typed Name of Notary Public) STATE OF MISSOURI j ss. COUNTY OF CAPE GIRARDEAU } On this day of , 1979, before me appeared J. A. Freeze, to me personally known, who, being by ane duly sworn, did say that he is the Presdent.of Fremont Estates,. Inc., a corporation of the State of Missouri, and that the seal affixed to the foregoing instrument is the.corporate.seal of said Fremont Estates, Inc., and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors and acknowledged said instrument.to be the free act and deed of said Corporation. IN TESTIMONY WHEREOF,.I have hereunto set my hand and affixed my official seal, at my office in Cape Girardeau,.the day and year first above written. My Commission Expires: (Typed Name -of Notary Public) 6.