HomeMy WebLinkAboutRES.1377.06-15-1998BILL NO. 98-111 RESOLUTION NO. 13-]-1
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE EXTERNAL FIRE PROTECTION SERVICE
AGREEMENT FORMS
BE IT RESOLVED 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
External Fire Protection Service Agreement Forms. A copy of said
forms is attached to this Resolution and made a part hereof.
PASSED AND ADOPTED THIS DAY OF
19
A. Spra ling, III,M r
ATTEST:
AC�xta'oL
Gayl L. Conrad
Deputy City Clerk
AN AGREEMENT FOR FIRE PROTECTION SERVICE EXTERNAL TO THE
CORPORATE LIMITS OF
THE CITY OF CAPE GIRARDEAU, MISSOURI
Comes now the City of Cape Girardeau, Missouri, hereinafter referred to as "City",
acting by and through its City Manager, and as authorized by the City Council and
hereinafter referred to as "Customer", said party or parties being all the owners of record
of the below described property, and in consideration of the promises and agreements
made herein, the parties hereto bind themselves as follows:
1 . The City agrees to provide fire protection service for the Customer's property
located external to the corporate limits of the City of Cape Girardeau, Missouri.
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The service address or locational description of the property to be served pursuant
to this Agreement is
[Street Address or Locational Description to Include County Assessment Parcel Number]
and the real estate is more specifically described by deed or subdivision legal description,
as follows:
[Legal Description]
2. The Customer agrees to accept services from the Fire Department of the City
of Cape Girardeau, Missouri, and to pay such fees and charges as are set out in City
ordinances and regulations relating thereto.
3. The Customer further agrees to execute a Petition for Annexation,
contemporaneously with the execution of this agreement, pursuant to Section 71.012 of
the Revised Statutes of the State of Missouri, into the City of Cape Girardeau, Missouri, for
the subject property and the Customer agrees that should the City institute or otherwise
initiate an annexation proceeding pursuant to Section 71.015 of the Revised Statutes of
Missouri, involving the subject property, that the Customer will not oppose or otherwise
enter an official opposition to the City in the proceeding.
4. This contract will expire on June 30 following the initial effective date.
Thereafter, the contract will be for a period of one year effective July 1, and shall be
renewed automatically for subsequent one year periods upon a timely payment of the
required fees by June 30 of said year.
5. The Customer further agrees to provide the Cape Girardeau Fire Department
reasonable opportunity to inspect any structures located on the subject property for the
purpose of pre -planning fire fighting procedures and identifying the type and location of
any hazardous materials present.
6. The City reserves the right to cancel and terminate this Agreement and to
discontinue Fire Protection Service to the Customer should the Customer violate any of the
terms of the Agreement. The City shall provide the Customer thirty (30) days written
notice of said cancellation and termination.
7. The Customer reserves the right to discontinue services from the Fire
Department of the City of Cape Girardeau. The Customer shall provide the City written
notice of said cancellation and termination.
8. This Agreement is binding upon the heirs, successors and assigns of the
parties hereto and the parties agree that this Agreement may be recorded by the City of
Cape Girardeau, Missouri, on the land records of Cape Girardeau or Scott County wherein
the Customer's property is located to serve as notice to any future buyers of the property
of the Agreement herein entered.
THIS AGREEMENT, made and entered into this day of
, 19
ATTEST:
Gayle L. Conrad, Deputy City Clerk
ATTEST:
[Typed Name of Secretary]
[CORPORATE SEAL]
CITY OF CAPE GIRARDEAU, MISSOURI
Michael G. Miller, City Manager
[Typed Name of President]
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Q
STATE OF MISSOURI
ss.
COUNTY OF CAPE GIRARDEAU
On this day of 19 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, 2000
STATE OF
ss.
COUNTY OF.
On this day of , 19 , before me. appeared
- to me personally known, who, being
by me duly sworn, did say that he is the President of
-- a corporation of
the State of and that the seal affixed to the foregoing
instrument is the corporate seal of said corporation, and that the 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
in the County and State aforesaid, the day and year first above written.
My Commission Expires:
[Typed Name. of Notary Public]
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