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HomeMy WebLinkAboutRES.1356.04-06-1998 � l BILL N0. 98-73 RESOLUTION N0. f�;�%�_; A RESOLUTION AUTHORIZING THE CITY MANAGR TO EXECUTE A MEMORANDUM OF AGREEMENT WITH SOUTHEAST MISSOURI STATE UNIVERSITY, FOR THE SLOAN CREEK SANITARY SEWER LINE 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 a Memorandum of Agreement with Southeast Missouri State University for construction and improvement of the Sloan Creek Sanitary Sewer Line . A copy of said Agreement is attached to this Resolution and made a part hereof. PASSED AND ADOPTED THIS � �� ,{� DAY OF �,r�;,, ( , 19 y�� A. . Spradling, III� yor ATTEST : , ,.�' �`-.-�C.t_,3,k'i� ,�l ,c�X tr�G�< Gayle L.; Conrad Deputy City Clerk . � MEMORANDUM OF AGREEMENT FOR THE CONSTRUCTION AND IMPROVEMENT OF THE SLOAN CREEK SANITARY SEWER LINE WHEREAS, SOUTHEAST MISSOURI STATE UNIVERSITY (°UNIVERSITY") is constructing new student recreation fields and facilities on land owned by it, located in the Sprigg Street-Bertling Street area, and WHEREAS, a sanitary sewer line, known generally as the Sloan Creek Sanitary Sewer line, runs through the property, and WHEREAS, the CITY OF CAPE GIRARDEAU ("City") has programmed the Sloan Creek Sanitary Sewer line for extensive renovation and replacement work, but the City is not now ready to proceed with said project, and WHEREAS, if the improvements to said line are not made before the University completes the student recreation fields and facilities, said fields would have to be torn up for such sewer improvements in the future, resulting in extensive additional costs and disruption of use of said fields, and WHEREAS, the University and the CITY OF CAPE GIRARDEAU ("City") recognize and agree that said sewer work needs to be done, and that the best and least expensive time to do said work is in conjunction with the completion of the University's project, and WHEREAS, the parties desire to work with each other to their mutual advantage in connection with said sewer line, NOW THEREFORE, IT IS AGREED, In consideration of the mutual agreements herein contained and the expenses to be borne by each party, as follows: 1. University, as part of the overall work involved in the construction of its student recreation fields in the Sprigg Street-Bertling Street area, will also do the work necessary for the construction of that portion of the Sloan Relief Sewer system project which crosses the University's property, in accordance with preliminary plans and specifications prepared for the City by Sverdrup Corporation, and as outlined in Preliminary Cost Estimate #2, Option #4 dated March 19, 1998, which preliminary plans and specifications and cost estimate have been approved by the parties. A sketch showing the general location of the sewer line to be constructed is attached hereto and made a part hereof. No contract shall be let by the University for the sewer project until final plans and specifications and estimated costs for the project are approved by both parties. 2. The costs of the project shall be divided between the parties as follows: a) University will provide any rights-of-way over University-owned property at University's expense. b) The City shall bear the cost of the actual sewer construction. �. � 3. University, with the prior approval of City, will contract for the final design and construction of the sewer improvements, will provide contract administration, and will, subject to City's approval of bills and expenses incurred, pay the costs of the project as such costs are incurred. 4. City will reimburse University for City's share of the expenses of the project on or before June 30, 1999, if City projected funds are available to begin construction of the Sloan Creek Sewer Project at that time, but in any event no later than April l, 2000. 5. After final approval of the plans and specifications for the project, no changes in such plans and specifications shall be made without the prior written approval of both parties. 6. The parties hereby designate the following persons as being the persons authorized to act for the parties in connection with the administration of this agreement: For the University: Kenneth W. Dobbins or his designee For the City: Michael Miller or his designee 7. This Agreement constitutes the whole agreement between the parties, and may be changed only by written agreement properly executed by both parties. IN WITNESS WHEREOF, The Parties have caused this Agreement to be executed in duplicate this�day of f}u , 19��. SOUTHEAST MISSOURI STATE UNIVERSITY One University Plaza Cape Girardeau, Missouri 63701 By �' Kenn th W. Dobbins, Executive Vice-President Attest ��� . � ; , ,�-�,L� `�-✓l../ �`���L"L i.C_��f� 4''''�L� _ / Secretary CITY OF CAPE.�IRARDEAU 401Independence Cape Girardeau,�Missouri 63701 ,• � By :` �hael Miller, City er Attest: ~�^ C Gayle 4. Conrad, Deputy City Clerk