HomeMy WebLinkAboutRES.589.12-05-1990 � ��P
BILL N0. 90-274 RESOLUTION N0. 5 0 -I
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ENTER INTO AN AGREEMENT FOR THE RELEASE OF A
SECURITY DEPOSIT WITH FOUNTAINBLEAU OF CAPE
GIRARDEAU, INC.
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 enter into an
Agreement for the Release of a Security Deposit with Fountainbleau
of Cape Girardeau, Inc . . A copy of said Agreement is attached to
this Resolution and made a part hereof .
PASSED AND ADOPTED THIS �,,�� DAY OF �P�p N, , 19�_.
F ncis E. Rhodes, Mayor
ATTEST:
. (�-
Jul e A. Da e
Dep City Clerk
AGREEMENT FOR THE RELEASE OF A SECURITY DEPOSIT
This Agreement made and entered into this 14th day
of December , 1990 , by and between the City of Cape
Girar eau , Missouri , hereinafter called "City" , and Fountainbleau
of Cape Girardeau , Inc . , a Missouri Corporation , hereinafter
called "Fountainbleau" .
WITPIESSETH:
l . On January 23 , 1986 , the above named parties entered into
an Agreement which was recorded in Book 441 at Page 865 of the
land records of Cape Girardeau County, Missouri , and which
Agreement provided generally for the construction of a wastewater
treatment plant facility to serve Fountainbleau property and among
other things, for Fountainbleau to give security in the amount of
Five Thousand Dollars ( $5 , 000 . 00 ) to the City of Cape Girardeau,
Missouri , in the form of a Certificate of Deposit issued in the
City' s name alone .
2 . This Agreement provided that at such time as the
wastewater treatment plant facility was no longer required and a
sanitary sewer was made available to Fountainbleau, that
Fountainbleau would connect to the lateral sewer line and that the
City would relinquish its title to the wastewater treatment plant
facility and real estate and further that the City would release
the unused portion of the Certificate of Deposit .
3 . Fountainbleau has now connected its sewage line to the
lateral sewer line and has taken the sewage treatment plant out of
operation inasmuch as it is no longer necessary.
4 . The City is desirous of releasing Fountainbleau from
further obligation under the above referred to Contract . The
parties agree that the Certificate of Deposit presently held by
the City has a maturity date of December 11 , 1991 , and that if
this Certificate of Deposit is cancelled at this time that
substantial interest penalties will be incurred .
5 . The parties hereto agree that the City shall pay to
Fountainbleau the sum of Five Thousand Dollars ( �5 , 000 . 00 )
contemporaneously with the execution of this Agreement and that
the City shall retain all ownership rights and interest to the
Certificate of Deposit which was the subject of the previous
contract and all future interest from the date of execution of
this Contract will belong to the City . And further, that
Fountainbleau relinquishes to the City all its rights and
interests in said Certificate of Deposit and future interest .
6 . In addition, the parties hereto agree that the City will
by Quit Claim Deed convey all its right , title and interest to the
plant facility and the real estate upon which it is located, and
further that Fountainbleau will remove the plant facility at its
expense and restore the site as nearly as practicable to the
original contour of the land as required by the previous contract
dated January 23 , 1986 .
7 . This Agreement shall be binding upon the parties, their
successors and assigns .
IN WITNESS WHEREOF, the parties have caused this Agreement to
be duly executed on the day and year first above written .
CITY OF CAPE GIRARDEAU, MISSOURI
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,T. , onald Fischer, City Manager
ATTEST:
v�
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Jul e A. Dale , eputy City C er
FOUNTAINBLEAU OF CAPE GIRARDEAU, INC .
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Norma L. Hampton, P� siden
ATTEST:
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M. Shaki.l , Secre y Treasurer
[CvRrOF;AT�' SEAL ]
STATE OF MISSOURI )
) ss .
COUNTY OF CAPE GIRARDEAU )
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On this I � '= day of �� P �,����� ��r� , 19 ;O , before me appeared
J. Ronald Fischer , 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 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 .
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1- ,,/ , / J/�6 C� ;'�//�-�
�,�/'�� � / ,,
Delores G. Needham, Notary Public
My Commission Expires :
October 8 , 1992
STATE OF MISSOURI )
) ss .
COUNTY OF DUNKLIN )
On this 14th day of December , 1990 , before me
personally appeared Norma L. Hampton, to me known to be the person
described in and who executed the foregoing instrument and to me
known to be the President of Fountainbleau of Cape Girardeau, Inc .
and acknowledged that she executed the same as her free act and
deed in said capacity .
IN TESTIMONY WHEREOF, 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 .
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_ _ _,- _ ,�<<��; �_ ��1.�`�
_ _, _ �.
Sandra D. White, Notar Public
Type Name o Notary Pu lic
My Commission Expires :
��arch 24, 1992