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HomeMy WebLinkAboutCityMgrForm.1508.12-19-1979 � , CITY MANAGER FORM ORDINANCE NO. /.,�� AN ORDINANCE APPROVING THE FORM OF AN AGREEMENT BETWEEN THE CITY OF CAPE GIRARDEAU, MISSOURI AND LEONARD W. LOWES AND HELEN J. LOWES, FOR TWO LIFT STATIOi1S IN WOODLAND HILLS ESTATES THIRD, AUTHORIZING THE MAYOR TO EXECUTE WHEREAS, Leonard W. Lowes and Helen J. Lowes, husband and wife, are in the process of developing a new subctivision to be called Woodland Hills Estates Thi��d for which they desire to construct two (2) lift station facilities; and WHEREAS, Lowes and the City of Cape Girardeau, Missouri, desire to enter into an agreement concerning the said lift stations; 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 and Leonard W. Lowes and Helen J. Lowes, 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, for and on behalf of the City of Cape Girardeau, D4issouri. SECTION 3. This ordinance shall be in full force and effect ten days after its passage and approval. � PASSED AND APPROVED THIS � DAY OF �C � (�',?�. �--Li% , 1979 . ��c` . ...� , �..�._� _��..�,,��_ �-'�`�YOR ATTEST: �Ji ��� � � , � �_� Z�.: �� �-�,�-,.E:-�_.� CITY CLERK :� � ,.�.; �� 1 R`� i � . � AGREEMENT THIS AGREEMENT, Made and entered into this :�� dayo uf ��'�"�""`�"e���� 1979, by and between the City of Cape Girardeau, , Missouri, a Municipal Corporation, hereinafter called "City" , and Leonard W. Lowes and Helen J. Lowes, husband and wife, hereinafter referred to as "Lowes" ' WITNESSETH: WHEREAS, Lowes is in the process of developing a subdivision, to be called Woodland Hills Estates Third, for which it desires to construct two (2) lift stations; and WHEREAS, Lowes has entered into an agreement for the con- struction of said lift stations to serve said subdivision and other areas to be developed by Lc;w�s; and WHEREAS, under existing environmental protection laws, regulations and policies, the operation and maintenance of such lift station facilities must be assumed by the City. 1T IS NOW THEREFORE AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS : 1. The City will assume ownership and operation of the lift station facilities to serve Sewer District 14K-2 after Lowes fully and completely performs its obligations under this Agreement. Said lift station facilities sites are located on the following described property: LIFT STATION NO. 1 Lot 46, Woodland Hills Estates, a subdivision in the City and County of Cape Girardeau, State of Missouri. LIFT STATION N�. 2 Part of the Southwest Quarter, Section 24 , a part of U. S. Private Survey 2198 , Township 31 North, Range 13 East, City and County of Cape Girardeau, State of Missouri, described as follows : Begin at the southwest corner of Lot 151, Woodland Hills Estates, Third; thence S . 0° 53 ' W. , with the west. line of said Section 24 , 110. 38 feet; thence 5. 89° 07 ' E. , 116 . 0 feet; thence N. 0° 53 ' E. , 110 . 38 feet; thence N. 89° EXHIBIT r�A�� � f � 1 07 ' W. , with the south line of said Lot 151 and the easterly extension of said line, 116 . 0 feet to the point of b�ginning. 2 . Lowes agrees as follows : A. To construct on the above described lots, the lift sta ions in accordance with the plans and specifications approved by he City Council, each having a total plant capacity in excess of 00 gallons per minute. 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 per�nit 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 convey immediately upon execution of this Agreement, to the City by quit claim deed the lots upon which the lift stations are located. Th�n at such later time as a sewage line is made available by the City, and services the subdivision, the City will convey back to Lowes the lift stations and the lots on which they are located. As further conditions precedent to such coriveyance to Lowes, Lowes agrees to pay the necessary cost to connect the lateral sewer line system in the subdivision to a trunk system when installed to Sewer District 14K-2, up to a maximum of one hundred (100) feet; to remove the lift stations at its own expense, and to repair the sites, as nearly as practicable, to the original contour of the land at its own expense. The cost of trunk sewers , and lateral sewers if necessary, to serve said subdivision shall be assessed against the districts served by the lift stations. D. To build according to City specifications all- weather access roads, and to provide access road easements necessary for access from Woodland Hills Estates Third to the lift station facility itself, and to provide all necessary 2. l :j • � easements with respect ta sewer lines. City will maintain the access roads to the extent it deems necessary. E. To provide a $5, 000 performance/maintenance bond for each Woodland Hills Estates Third unit to secure replacement of major lift station items within the first five (5) 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. F', To reimburse City for inspection fees for inspecting the lift station facilities as they are being constructed, and for inspecting the connection of the lateral system to the trunk system when installed. G. 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 City, and meet existing City Ordinance requirements before acceptance by the City. H. To assume responsibility for and save the City harmless from all liability for damaqes 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 Developer, its aqents, employees or workmen; or by reason of the elements, unforeseen or unusual difficulties, obstructions, or obstacles encountered in the prosecution of the work; and to 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 �efending such suits or actions, 'and from and against all claims and liabilities for injury or damage to persons or property emanating from defective 3. ���___ __ - or careiess work methods, or from and 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 to be duly and properly executed as of the day and year first herein written. CITY OF CAPE GIRARDEAU, MISSOURI . �._..---_ c����.�.��. �_� _�" Paul W. Stehr, Mayor ATTEST: Verna L. Landis, City Clerk Leonard W. Lowes Helen J. Lowes 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 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. ' Ii�1 TEST�IMONY 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: Delores G. Needham, Notary Public October 8 , 1980 4. STATE OF MISSOURI ) ) ss . � COUNTY OF C�PE GIRARDEAU ) On this day of , 1979, before me appeared Leonard W. Lowes and Helen J. Lowes, husband and wife, known to me to be the persons who executed the within Agreement and acknowledged to me that they executed the same for the purposes therein stated. 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 �oritten. (Typed Name of Notary Public) My Commission Expires: S.