HomeMy WebLinkAboutRES.413.03-20-1989 , �
EILL N0. a9-4� RESOLUTION N0.
� �
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ENTER INTO AN ESCROW AGREEMENT WITH ASHLAND
LAND DEVELOPP�ENT CORPORATION AND FIRST
EXCHANGE BANK OF CAPE GIRARDEAU FOR ASHLAND
HILLS ESTATES SIXTH SUBDIVISION
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU ,
MISSOURI , AS FOLLOWS:
SECTION l . The City Manager , for and on behalf of the City of
Cape Girardeau, Missouri , is hereby authorized to enter into an
Escrow Agreement with Ashland Land Development Corporation and
First Exchange Bank of Cape Girardeau for Ashland Hills Estates
Sixth Subdivision . A copy of said Escrow Agreement is attached to
this Resolution and made a part hereof . �_, �
,
�
PASSED AND ADOPTED THIS �� DAY OF J�'�,�/�" — , 1989 .
Francis E . Rhodes , Mayor
ATTEST:
� ,
Evelyn . LeGrand, Cicy Clerk
ESCROW AGREEMENT
This Escrow Agreement made and entered into this 13th
day of March , 1989 , by and between Ashland Land Development _
Corporation
a Corporation organized and existing under the laws of the State
of Missouri , having its principal office and place of
b us i n e s s a t 2037 Independence St. Cape Girardeau, Mo. 63701
hereinafter called Developer , and
First Exchange Bank of Cape Girardeau ,
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 Ashland Hill Estates 6th
, a proposed subdivision located
within the City of Cape Girardeau, Missouri , and has submitted to
the City improvement plans and specifications which have been
approved 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, In 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 Ashland Hills Estates 6th
subdivision, hereinafter referred to
as the "Proposed Subdivision" , and has submitted to the City 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
First Exchange Bank of Cape Girardeau ,
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 the Developer from the Financial Institution that it will serve
as the primary lender for the development of the Propose d
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 Institution is labeled Exhibit "B" and is attached to
this Escrow Agreement and made a part hereof as though fully
incorporated herein, which financial statement is submitted for
the purpose of guaranteeing to the City that the Financial
Institution as the issuer 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 all such funds to the Developer only for
the purpose of completing the improvements in the Proposed
Subdivision .
5 . The Escrow Agent shall 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 will 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 .
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 assignment .
IN WITNESS WHEREOF, the parties have executed this instrument
in cripiicate as of the day and year first herein written .
� '. , DEVELOPER
` , ' ,� Ashland Land Development Corporation
, . ,
[ y Nam of De r
[Seul �
i gn ur e
ATTEST: H
' Type Name & Of ice o Signer
Signature
Thelma L. An i S
Typed Name & Office of Signer ]
ESCROW AGENT
;�� � ���_�
Signature
( Seal ]
David Hoffman, Senior Vice President
[Typed Name & Office of Signer �
CITY
CITY OF CAPE GIRARDEAU, MISSOURI
( Seal ]
J. Rona Fisc er , City Manager
ATTEST:
Evelyn G. LeGrand, City Clerk
STATE OF MISSOURI )
) ss .
COUNTY OF CAPE GIRARDEAU )
On this /3� da of �,L , 19�, before me
personally appeared P� P �f ,C /�rf'_ST, _ r S i cleh 'f'_
to me known to be the person describe d in and who executed the
foregoing instrument , and acknowledged that he executed �he 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 and
year first above written.
(Notary Publi Signature )
My Commission Expires: �, ,//
�
� -� �— ��_ Typed Name of Notary Public
STATE OF MISSOURI )
) ss .
COUNTY OF CAPE GIRARDEAU )
On this �.� '� day of r ,L , 19�, before me
personally appeared S�e __�.
i
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 sa ' County and State the day and
year first above written.
i
[Notar ureJ
My Commission Expires: _�
{ S. / �
�� �� �� Typed Name of Notary Public
,
STATE OF MISSOURI )
) ss
COUNTY OF CAPE GIRARDEAU )
On this day of , 198 , before me
appeared J. RonaITc 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 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 , 1992
FRO M: First Exchan e Bank of Ca e Girardeau
Financial Institution ]
160 S. Broadview
Address ]
Ca e Girardeau, Mo. 63701
March 13, 1989
Date
T 0- Ashland Land Development Corp.
• [Customer-Developer
2037 Independence
Address ]
Cape Girardeau, Mo. 63701
AND
City of Cape Girardeau, Missouri - Beneficiary
City Hall , P. 0. Box 617
Cape Girardeau, Missouri 63702-0617
IRREVOCABLE LETTER OF CREDIT
We hereby establish our irrevocable letter of credit in your
favor up the aggregate amount of Eighty-two thousand and o0/1.00
dollars ( � • ) available
upon your demand and upon the approval of Beneficiary - City of
Cape Girardeau for the cost of developing Ashland Hills Estates Sixth (6th)
Subdivision according to the final plat
and improvement plans and specifications as approved by the City
of Cape Girardeau on 13th March , 1989 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
First Exchange Bank Of Cape Girardeau
[Typed Name of Financial
Institution]
[ 5eal � �
-y-
( Signature ]
David Hoffman, Senior Vice President _
[Typed Name & Office of Signer ]
,,. �.
Accepted this 13th day of March , 19gg
CUSTOMER-DEVELOPED
hland Land Develo men or ration
y Na of m r-Developer
, [ Seal ] •
. ignature
Herbert L. Annis, President
Typed Name & Office of Signer ]
CITY
Approved pursuant to Council action this day
of , 19
City of Cape Girardeau, Missouri
[ Seal )
J. Rona d Fischer , City Manager
STATE OF MISSOURI )
) ss .
COUNTY OF CAPE GIRARDEAU )
On this ��� d y of ar��- , 19�, beicre me
personally appeared 'S r'e
to me known to be the person described in and who executFd �ha
foregoing instrument , and acknowledged that he executed �iie 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 and
year first above written.
[N ture )
My Commission Expires:
�anLt S• l�%1/
� � a�- � [Typed Name of Notary Public ]
STATE OF MISSOURI )
) ss .
COUNTY OF CAPE GIRARDEAU )
On this 13th day of March , 19 gq , before me
personally appeared David Hoffman
to me known to be the person described in and who executed t e
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 and
year first above written.
[No y Public Signat re ]
My Commission Expires: 2-21-92
Pe S. Bo11in er
[Typed Name of Notary Public
STATE OF MISSOURI )
) ss
COUNTY OF CAPE GIRARDEAU )
On this day of , 198 , 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 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 , 1992
BILL N0. 89-45 RESOLUTION N0.
� � .
A RESOLUTION ADOPTING THE FISCAL 1989 - 1994
CAPITAL IMPROVEMENT PROGRAM
WHEREAS , Article VI , Section 6 . 04 of the Charter of the City
of Cape Girardeau requires a Capital Improvement Program; and
WHEREAS , the City Manager has presented a proposed Capital
Improvement Program to the City Council ; and
WHEREAS, proper notice has been published concerning the
availability for inspection of the proposed Capital Improvement
Program and the time and place for a public hearing on the Capital
Improvement Program; and
WHEREAS , the City Council has held a public hearing on the
proposed Capital Improvement Program.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
CAPE GIRARDEAU, MISSOURI , AS FOLLOWS :
SECTION 1 . The City Council hereby adopts the five-year
Capital Improvement Program for fiscal 1989-1994 , copies of which
are on file in the office of the City Clerk .
SECTION 2 . The City Clerk is instructed to attach an executed
copy of this resolution to a copy of the Capital Improvement
Program for fiscal 1989-1994 and to retain such copy with the
permanent records of the City. �
PASSED AND ADOPTED THIS 1��.DAY OF G"l�/``-t.�v�-'► 1989 .
G� _
F ancis E. Rhodes , Mayor
ATTEST:
E elyn . LeGrand, City Cle