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Home My WebLink AboutRES.1385.07-20-1998 . � BILL N0. 98-145 RESOLUTION N0. f�05 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN ESCROW AGREEMENT ANU IRREVOCABLE LETTER OF CREDIT WITH JERRY F. McLANE AND SANDY McLANE AND CAPAHA BANK FOR McLANE OUTLOT N0. 1 SUBDIVISION BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS : ARTICLE l . The City Manager, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute an Escrow Agreement and Irrevocable Letter of Credit with Jerry F. McLane and Sandy McLane and Capaha Bank, for McLane Outlot No . 1 Subdivision. A copy of said documents is attached to this Resolution and made a part hereof. 19 �� PASSED AND ADOPTED THIS ;-�l;i-��,� UAY OF r , f�" . ' � � �� c A. . Spradling, III , M or ATTEST : e , „ ,�, � r; ��.4�.:, (� t�l '-rlt.'?_D Gayl� �Conrad Ueputy City Clerk ESCROW AGREEMENT This Escrow Agreement made and entered into this 16th day of Ju1y , 19 98 , bY and between Jerry F. McLane and Sandy McLane a Partnership, having itsprincipal office and place ot business at 125 S. Broadview, Suite 9, Cape Girardeau, MiSSOuri� 63701 hereinafter called Developer, and � Capaha Bank , hereinafter referred to as Escrow Agent and the City of Cape Girardeau, Missouri, a municipal corporation, hereinafter referred to as City. WITNESSETH: WHEREAS, the Developer is the owner of McLane Outlot No. 1 , a proposed subdivision located within the City of Cape Girardeau, Missouri, and has submitted to the City improvement plans and specifications which have been aporoved by the City and has submitted a final plat with request that said plat and the plans and specifications for the improvements in the Proposed Subdivision, be accepted and approved by the City, and WHEREAS, Developer proposes to meet the ordinance requirements of the City with respect to the posting of this Escrow Agreement prior to the approval by the City of the plat proposed for said subdivision, NOW, THEREFORE, Zn consideration of the foregoing and of the mutual promises and agreements contained herein the parties to this Escrow Agreement stipulate and agree as follows: 1. Developer is the owner of McLane �lltlOt NO. 1 subdivision, hereinafter referred to as the "Proposed Subdivision", and has submitted to th� :.ity its plat of said Proposed Subdivision and requested approval of same the City has heretofore approved the improvement plans and specifications of the Proposed Subdivision. 2. An Irrevocable Letter of Credit has been issued for the cost of the improvements in said Proposed Subdivision by Capaha Bank , hereinafter referred to as "Financial Institution". The Irrevocable Letter of Credit, copy of which is labeled Exhibit "A" and is attached to this Escrow Agreement and made a part hereof as though fully set out herein, has been placed in the possession of Escrow Agent. Said Irrevocable Letter of Credit is a commitment to tne Developer from the Financial Institution that it will serve as the primary lender for the development of the Proposed Subdivision and commits itself for enough funds to complete the improvements in the Proposed Subdivision. 3. A copy of the most recent financial statement of the Financial Znstitution is submitted for the purpose of guaranteeing to the City that the Financial Institution as the issue� of the Letter of Credit to the Developer has sufficient resources with which to uphold its guarantee. 4. The Escrow Agent agrees to hold the original of the Letter of Credit issued by the Financial Institution subject to the provisions of this Agreement and the ordinances of the City of Cape Girardeau, as they may appertain to the provisions of the Escrow Agreement. The Escrow Agent agrees that it will set up a special escrow account subject to audit by the City in which all funds made available by the Financial Institution for the improvements in the Proposed Subdivision, will be deposited. The Escrow Agent may release a11 such funds to -" the Developer only for the purpose of completing the improvements in the Proposed Subdivision. 5. The Escrow Agent sha11 not release more than ninety per cent (90�) of all funds deposited with him as Escrow Agent by the Financial Institution for the improvements in the Proposed Subdivision except on the approval of the Administrative Officer of the City and until the City Council is satisfied that the improvements for the development of the Proposed Subdivision have been completed in accordance with the plat and the improvement plans and specifications of the Proposed Subdivision and the Ordinances of the City of Cape Girardeau. The City Council agrees that it wi11 not unreasonably prevent the release of the final ten per cent (10�) of the sums deposited with the Escrow Agent. 6. The City may from time to time partially release the Escrow Agent from all or any part of its obligations and shall do so by written notification from the City's Administrative Officer. 7. Upon approval by the City through its Administrative Officer for the release of all funds held by the Escrow Agent, this agreement shall be terminated and the Developer and the Escrow Agent shall be released from any further obligation to the City insofar as the provisions of this Escrow Agreement are concerned. 8. In the event of the failure or refusal or inability of the Escrow Agent to serve as determined by the Administrative Officer of said City, the City shall appoint a substitute who will have the same responsibilities as the Escrow Agent named herein. 9. If, after two (2) years from the date of this agreement, all the improvements reflected by the approved improvement plans and specifications have not been completed, the City may require the Escrow Agent to remit to the City cash or negotiable instruments constituting the balance of the escrow account required to complete the improvements. 10. This Escrow Agreement shall not in any fashion be construed to limit the powers, rights, or duties of City, but said agreement shall be construed in the light of the applicable ordinances of the City of Cape Girardeau, Missouri, regarding the subdivision of lands. -2- . 11. No part of this agreement may be assigned by the Escrow Agent or the Developer without first obtaining the express written consent of such assignment by the City, but the City agrees not to unreasonably withhold such consent. IN WITNESS WHEREOF, the parties have executed this instrument in triplicate as of the day and year first herein written. DEVELOPER � Jerry F. McLane (Typed Name of Developerj %�.!v'7,� ��.-, %%%Ci ,�i ._�� [,Signature�]By Sandy McLane under Durable Power of Attorney Sandy McLane [Type� Name of Signer) � _ ,�,� �� ,��, [Signature] ' $S6ROW AGENT CAP ANK �______ /�--- [S i nat�rre�j \ (Sea�] � vid L. She11, Sr. Vice President [Typed Name & Office of Signer] CITY CITY OF CAPE GIRARDEAU, MISSOURI [Seal] Michael G. Miller, City Manager ATTEST: Gayle L. Conrad Deputy City Clerk STATE OF MISSOURI � ) ss. COUNTY OF CAPE GIRARDEAU ) On this 16��= day of July , 19 98 , before me personally appeared TPrrv F MCLane and Sandv McLane Jerry F �cLane by Sandy McLane under Durable Ybwer o orney to me known to be the person described in and who executed the foregoing instrument, and acknowledged that he executed the same as his free act and deed. -3- IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at my office in said County and Sta the y a year first abo written. / n / �L�� ? ��1/�2, otary�Public Signature) :4y ,:or�miss�on Expires: �� \ T,aiira R_ Rakar r,e--� �� / [Typed Name of Notary Public] STATE OF MISSOURI � ) ss. COUNTY OF CAPE GIRARDEAU ) on this 16th-- aa of July � 98 appeared David L. S e11Y Sr. 1ce resi ent Ot CapaZlaBankefore me personally to me known to be the person described in and who executed the foregoing instrument, and acknowledged that he executed the same as his free act and deed. IN TESTIMONY WHr.REOF, I have hereunto set my hand and affixed my official seal at my office in said County and State the day and year first above written. ��<\\1111I11 il J//�� \\�� \CA C �i �� i .� p�• "F�C��'�', ` `• �S.•o�,t��ssioNF•;�,% � c� - • ��c� :��-a��JPRY21��9•�; [Notary Public Signat ] My Commission Expires: � Q o ,�: - _* � � a., o ��• � �`� ' � �� —Z� � ;* = /.'%cu/��C�1 C1. FCc�EG'C=E � 1�+� c� 'C%;�� ;9:9A NOTqRySEAL ,�.;�;[Typed Name of Notary Public] '�'°'�C.9'?RDEAU��J',`�� /`///��lll l i!1 ti��\�\\\�� STATE OF MISSOURI � ) ss. COUNTY OF CAPE GZRARDEAU � 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 TESTIMOHY WHEREOF, I have hereunto set my hand and affixed my official sea1, 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 -4- FROM: CAPAHA BANK (Financial Znstitution 3168 William St. , P � Box 1429 [A dres ] �pe U�irardeau, MO 63702 Ju1v 16, 1998 [Date] To: :Ierry F. McLane and Sandy McLane � [Customer-Developer] 125 S. Boradview, Suite 9 [Address] Cape Girardeau, MO 63701 AND City of Cape Girardeau, Missouri - Beneficiarv City Hall, P. O. Box 617 y Cape Girardeau, Missouri 63702-0617 IRREVOCABLE LETTER OF CREDIT We hereby establish our irrevocable letter of credit in your favor up to the aggregate amount of Thirteen Thousand Ei�ht Hundred Fifty Three and No/100 dollars ($ 13,853.00 ) available upon your demand and upon the approval of Beneficiary - City of Cape Girardeau for the cost of developing Sewer _Fxt n ion - M L,ane Outlot No 1 Subdivision according to the final plat and improvement plans and specifications as approved by the City of Cape Girardeau °n , 19 . If you do not complete the improvements as specified within two (2) years, Beneficiary - City of Cape Girardeau may, pursuant to the procedures in the Ordinances of the City of Cape Girardeau, draw the balance of your account required to complete said improvements. FINANCIAL INSTITUTION CAPAHA BANK [Typed Name of Financial (Sea�� I ution] -C� C ` [Si n tur��j-� ��= David L. She11, Sr. Vice President [Typed Name & Office of Signer� Accepted this 16th day of July lg 98 CUSTOMER-DEVELO�ER Jerry F. Mclane and Sandy McLane [Ty�ed Name of Customer-Developer] [Sea1) ,�/��L%� //�� •'.,-_ _��'-��,._/'� ��/:' ,✓ ' / c �i� - ,�,Signatdre)By Sand McLane u der Durable Power o� Attorney Jerry F. McLane Sandy McLane [Typed Name & Office of SignerJ CITY Approved pursuant to Council action this day of , 1g City of Cape Girardeau, Missouri [Seal] Michael G. Miller, City Manager STATE OF MISSOURI � ) ss. COUNTY OF CAPE GIRARDEAU ) On this 16th day of Jllly 19 98 before me personally appeared Dav��he11, Sr. V�ce gresi e�o� CAP��ANK to me known to be the person described in and who executed the foregoing instrument, and acknowledged that he executed the same as his free act and deed. IN TESTZMoNY WHEREOF, I have hereunto set my hand and affixed my official seal at my office in said Cou��i,��b�,te the day and year first above written. \��`�N\�;,..:.FC(�F�i,�� - �� ,•o�MISSIpHF•�� ) � �I = ��V��;af�Y 22��'°i,p�'F � .� , ' � �" �'� �' �Notary Public Signat4�r- �� • � AOA !J My Commission Expires: =z• ;*:.: !� �:�NOTARYSEAI�;,,.- /l�tijfliC/� �� LC(EG�E ^�Ai..;. ��2 �G��. � -o ,� ��-�.Ci p�?. -�'"[Typed Name of Notary PublicJ ��i A '•9qRDEA�G • �`=��'. STATE OF MISSOURZ //////��1 jjj111�O�i��'{y. ) ss. COUNTY OF CAPE GIRARDEAU ) On this 16th.- day of Ju1y � 19 98 , before me personally appeared .Terrv�ne and an y c ne Jerrv F McLane bv Sandy McLane under ITurable Yower ot Attorney to me known to be the person described in and who executed the foregoing instrument, and acknowledged that he executed the same as his free act and deed. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at my office in said County and State the day nd year first bove written. / , �� / ,�.� / - -�_- � o ary Public Signature] My Comm�ssion Expires: �_ - /�=/� � La, ra R. Baker �� ` [Typed Name of Notary PublicJ -2- 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 orficial 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 -3-