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Home My WebLink AboutOrd.5604.12-05-2022 BILL NO. 22-177 ORDINANCE NO. 5-4P041 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT AND PARTIAL RELEASE OF A LICENSE AND INDEMNITY AGREEMENT WITH CWC HOSPITALITY, LLC, FOR CAPE WEST CROSSINGS, 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 City Manager, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute an Amendment and partial release of a License and Indemnity Agreement with CWC Hospitality, LLC, for Cape West Crossings, in the City of Cape Girardeau, Missouri. The Agreement shall be in substantially the form attached hereto, 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 ten days after its passage and approval. PASSED AND APPROVED THIS 546- DAY OF Deeps j,p; 2022 . Stacy Kinde t ayo� ATTEST: 64W-f- — ruce Taylo , eputy City Clerk 4 d`iii, go kAvt4.0 *0 ft 11 4 49 �ty 1 STATE OF MISSOURI ss . COUNTY OF CAPE GIRARDEAU On this r day of `�ele,CI 0Qar , 2022, before me personally appeared Stacy Kinder, to me personally known, who, being by me duly sworn, did say that she 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 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 : 1 ( - Iq - , OAAF-k A, atsubdj Notary Public CAROL A.PETERS NOTARY PUBUC-NOTARY SEAL STATE OF MISSOURI MY COMMISSION EXPIRES NOVEMBER 19,2024 CAPE GIRARDEAU COUNTY COMMISSION#12684121 2 eRecorded DOCUMENT # "`.a 2022-12731 pR OF et4i . G � �4 ANDREW DAVID BLATTNER N 9 RECORDER OF DEEDS .•; Ga CAPE GIRARDEAU COUNTY, MO i 0 0 i eRECORDED ON �-o z% � 12/16/2022 08:31:10 AM REC FEE: 42.00 tie PAGES: 7 4' /?DEA`G�= RECORDER OF DEEDS COVER PAGE Title of Document: Amendment and Partial Release of License &Indemnity Agreement by Ordinance at 433 Cape West Crossings Date of Document: December 12, 2022 Grantor(s)Name &Address: City of Cape Girardeau 44 N Lorimier Street Cape Girardeau,MO 63701 Grantee(s)Name &Address: CWC Hospitality,LLC 2075 Corporate Circle Cape Girardeau, MO 63703 Legal Description: See Following Pages Reference Book & Page: Book 346, Page 5 AMENDMENT AND PARTIAL RELEASE OF LICENSE AND INDEMNITY AGREEMENT CAPE WEST CROSSINGS This Amendment and Partial Release is made this la* day of ,q7 2022, by and between the CITY OF CAPE GIRARDEAU, MISSOURI, a Municipal Corporation of the State of Missouri, 44 North Lorimier Street, Cape Girardeau, MO 63701 ("City"), and CWC HOSPITALITY, LLC, a Missouri Limited Liability Company ("Property Owner"), successor in interest to E& R LEASING, a Missouri Partnership, ("Original Developer"), and its successors and assigns. WHEREAS, on June 1, 1977,the City and Original Developer entered into a License and Indemnity Agreement, recorded in Book 346, Page 5 in the land records of Cape Girardeau County, Missouri (the "Agreement") for the construction and maintenance of a private roadway on, over, and across a public sewer easement, in the City of Cape Girardeau, Missouri; and WHEREAS, said private roadway is now fully constructed and the legal description in the Agreement extends beyond the boundaries of said private roadway; and WHEREAS, the City and the Property Owner desire to Amend the Agreement by partially releasing the Property Owner from the Agreement as it pertains to the property included in the legal description lying outside the boundaries of said private roadway. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the City hereby releases the Property Owner, and its successors and assigns, from the Agreement as it relates to a portion of the property described in the Agreement, said portion being more particularly described as follows: Partial Release of a License and Indemnity Agreement originally granted in Book 346 on Page 05 in the land records of Cape Girardeau County, Missouri, from the City of Cape Girardeau to E&R Leasing Part of U.S. Private Survey No. 175, Township 30 North, Range 13 East, as same is described in a deed recorded in Book 242 at Page 700 in the land records of Cape Girardeau County, Missouri, described as follows: Begin at the southwest corner of Lot 4, Block 1, Northview Acres as recorded in the land records of Cape Girardeau County in Plat Book 5 at Page 5; thence West and perpendicular to the West line of said Lot 4, 25 feet; thence North parallel to the West line of Lot 4 to an intersecting point with the North line of Lot 1 of A Resubdivision of Lot 2 of a Minor Subdivision of Lot B of Cape West Crossings — Phase II Amended as recorded in the land records of Cape Girardeau County, Missouri in Document Number 2019-10636; thence East along the North line of said Lot 1 to the West line of Lot 4, Block 1 of said Northview Acres; thence South along the said West line of Northview Acres to the point of beginning. Also, begin at the southwest corner of the aforementioned Lot 4, Block 1, Northview Acres; thence west perpendicular to the west line of said Block 1, 35 feet; thence south parallel to the west line of said Block 1, 35 feet; thence east 35 1 feet perpendicular to the west line of Block 1, to the west line of Block I; thence north along said west line 35 feet to the point of beginning, the latter parcel to be used for constructing and operating a sewage pumping station. Property Owner is hereby discharged from said portion of its obligations to the City under the Agreement as it relates to the portion of property described hereinabove and as depicted in Exhibit A, which is incorporated by reference, and the Agreement is hereby amended to remove and exclude that portion of the property as described above and shown on Exhibit A. FURTHER the Property Owner agrees it is not released and not discharged from the remainder of the obligations under the Agreement, which shall remain in effect and binding upon the Property Owner and its successors and assigns. IN WITNESS WHEREOF,this Partial Release has been executed as of the above date. CITY OF CAPE GIRARDEAU, MISSOURI /,,,<-77:17>--..„ (- ---------- �t c, \ Dr.K eth Haskin, City Manager \ r City Clerk CWC HOSPITALITY, LLC diwroPeL) tt M. Rhodes, Manager 2 STATE OF MISSOURI ) ) SS. COUNTY OF CAPE GIRARDEAU ) On this 12ii' day ofCen119 ' , 2022, before me, the undersigned notary public, personally appeared Dr. Kenneth Haskin, who, being by me duly sworn, did state 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 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 WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in the State and County aforesaid,the date first above written. CAROLPETERS ARCM NOTARY PUBLICC-NONOTARY SEAL STATE OF MISSOURI .DIY COMMISSION EXPIRES NOVEMBER 19,2024 Si CAPE GIRARDEAU COUNTY (Signature) COMMISSION#12684121 elarg1 /J ( f.er' (Printed Name) My Commission Expires: STATE OF MISSOURI ) ) SS. COUNTY OF CAPE GIRARDEAU ) On this $ ` day of , 2022, before me appeared Scott M. Rhodes, who being duly sworn did say that he is a Manager of CWC Hospitality, LLC, a Missouri limited liability company, personally known to me to be the person who executed the within instrument in behalf of said limited liability company, and acknowledged to me that he executed the same as the free act and deed of said limited liability company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in the State and County aforesaid,the date first above written. JILL RAYBURN Am JILL Q RclAylA Notary Public, Notary Seal State of Missouri (Signature) Cape Girardeau County J j lo� Commission#17003125 I �n _ My Commission Expires 06-19-2025 (Printed Name) My Commission Expires: 0b-1' -a.DdG" 3 Exhibit A oo to-� 1, CITY of CAPE �` • G I R A R E A U 407 .., Partial Release of .` License & Indemnity `.,, Agreement `'9i 433 Cape West Crossings 5 433 \ 0 \ i vo 636 ,. l Atl 44..4 Iii 0N et n N oot 0tP W_,4 E ....• s 461 tp �,0'`�0636 9. LEGEND ► A L&I Partial Release • 0c3t Street Centerlines Parcel \ \ - 0 50 100 Feet 1:900 l l l l l l l l Date•10@9!2022 airy;j f6Vf GIRonnran Created b Deveb mend Services layer pmvifed by be CityofCape Y P Girardeau ere to bewcdfor vied ud only Teresa Hedner,Allance Water Resources and arc no, ,,aoto;d tote amuram. Data Souree(s): Theaelayoaw notlo beosed..any City of Cape Girardeau Government,MO mgoecdog mdmgapu npose.