HomeMy WebLinkAboutRES.173.01-15-1986 �"'"�.
BILL N0. 86-8 RESOLUTION N0.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ENTER INTO AN AGREFMENT WITH FOUNTAINBLEAU
OF CAPE GIRARDEAU , INC. FOR THE CONSTRUCTION
AND OPERATION OF A WASTEWATER TREATMENT
PLANT FACILITY
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE
GIRARDEAU , MISSOURI , AS FOLLOWS:
SECTION 1 . The City Manager on behalf of the City of Cape
Girardeau , Missouri , is hereby authorized to enter into an
Agreement with Fountainbleau of Cape Girardeau , Inc . for the
construction and operation of a wastewater treatment plant
f_acility. A copy of this Agreement is attached to this
Resolution and made a part hereof .
PASSED AND ADOPTED THIS /S� DAY OF , 1986 .
�. � � ,
Howard C. Tooke, Mayor
ATTEST:
. ,
lvin M. Stoverink , Ci y C erk
"�'�
AGREEMENT
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This Agreement made and entered into this day
of , 1986 , by and between the City of Cape
Girardeau , Missouri , hereinafter called "City" and
Fountainbleau of Cape Girardeau , Inc . , a Missouri Corporation ,
hereinafter called "Fountainbleau . "
WITNESSETH:
1 . Fountainbleau shall construct a wastewater treatment
plant facility to serve the following described property which
is owned by Fountainbleau:
Part of U. S. Survey Number 3314 , Township 31
North , Range 13 East , commonly called part of the west
one-half of the Northwest Quarter of Section 26 ,
Township 31 North , Range 13 East , in the City of Cape
Girardeau , Missouri , described as follows :
Begin at the intersection of the east line of the
West one-half of said Northwest Quarter and the south
line of U. S . Route No . 61 , said point being 60 feet
south of the center line of said Route No . 61 ,
measured normal thereto and opposite Route No . 61
Station 977 + 03 . 8 ; thence North 55° 49 ' West, with �,
the south line of Route No . 61 , 213 . 9 feet to the
point of curve of a 3° 06 ' curve to the left ; thence
with said south line on said 3° 06 ' curve to the left
in a northwesterly direction , 186 . 5 feet; thence with
an offset in said south line, North 28° 25 ' East, 10 . 0
feet; thence with said south line on a 3° 05 ' curve to
the left in a northwesterly direction, 39 . 0 feet;
thence South 13° 03 ' West, 112 . 7 feet; thence South
73° 17 ' West 450 . 6 feet; thence South 0° 08 ' West ,
314 . 5 feet; thence South 71° 04 ' East, 56 , 7 feet;
thence South 40° 06 ' East, 142 . 2 feet; thence South
56° 40 ' East, 188 . 5 feet ; thence South 68° 10 ' East ,
134 . 1 feet; thence South 77° Ol ' East, 88 . 2 feet;
thence North 82° 47 ' East, 78 . 2 feet ; thence North 37°
12 ' East, 169 , 6 feet; thence North 2° 30 ' East, 80 . 6
feet; thence North 5° 42 ' West, 101 . 9 feet; thence
North 18° 50 ' East , 117 . 9 feet; thence North 26° 44 '
East , 121 . 1 feet; thence North 44° 21 ' East, 63 . 6 feet
to the east line of the West one-half of said
Northwest Quarter on the south line of Route No . 61;
thence North , with said east line and on an offset in
the south line of Route No . 61 , 18 . 1 feet to the point
of beginning and containing 10 . 2659 acres .
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The treatment plant facility shall be constructed on the
following described property:
All that part of U . S . Survey Number 3314 , Township 31
North , Range 13 East , commonly called part of the West
one-half of the Northwest Quarter of Section 26 ,
Township 31 North , Range 13 East , in the City of Cape
Girardeau, Missouri , described as follows:
Begin at the intersection of the east line of the West
one-half of said Northwest Quarter and the south line
of U. S. Route No . 61 , said point being 60 feet south
of the center line of said Route No . 61 , measured
normal thereto and opposite Route No . 61 Station 977 +
03 . 8 ; thence North 55° 49 ' West, with the south line
of Route No . 61 , 31 . 37 feet; thence South 26° 44 '
West , 203 . 33 feet; thence South 18° 50 ' West, 99 . 28
feet ; thence North 71° 10 ' West, 20 . 00 feet; thence
South 18° 50 ' West , 92 . 96 feet; thence South 57° 41 '
East , 84 . 64 feet ; thence North 5° 42 ' West, 101 . 90
feet; thence North 18° 50 ' East, 117 .90 feet; thence
North 26° 44 ' East , 121 . 10 feet ; thence North 44° 21 '
East , 63 . 6 feet ; to the east line of the West one-half
of said Northwest Quarter on the south line of Route
� 61 , thence North , with said east line and on an offset
� in the south line of Route No . 61 , 18 . 1 feet to the
point of beginning .
The plant sha11 be constructed as shown on the improvement
plans approved by the City Council on January 15 , 1986 , and in
accordance with all applicable rules , regulations and
ordinances of the City, and all other regulatory agencies .
Construction shall be inspected by the City and must meet all
existing City ordinance requirements before approved and
accepted by the City. Fountainbleau shall promptly reimburse
City for inspection fees . As part of the plant facility,
Fountainbleau will build according to City specifications an
all weather gravel access road on the above described property
from Highway 61 to the plant site .
2 . Fountainbleau shall convey an easement to the City on
the property described in Paragraph 1 on which the treatment
plant shall be constructed for purposes of maintaining and
operating the wastewater treatment plant facilities and
providing access and utilities to the facilities ,
3 . Fountainbleau will deliver to the City, as equipment
replacement security, a $5 ,000 . 00 Certificate of Deposit which
shall be issued in the City ' s name alone . Interest which shall
accrue on this Certificate of Deposit will be paid to
,..,,. Fountainbleau as it is received by the City. In the event it
becomes necessary, within five ( 5 ) years of the date the City
assumes ownership of the plant facility, to replace a major
treatment plant item, the City shall so notify Fountainbleau .
In the event that Fountainbleau fails to make payment for such
item within thirty ( 30 ) days of notification of the cost, the
City may, at its sole option, cash in ' the Certificate of �"�
Deposit and apply the proceeds toward the cost of the item.
The City may thereafter invest any balance in any manner it
chooses. The interest from any such investment shall be paid
to Fountainbleau . For purposes of this paragraph , a major
replacement item shall be an item costing in excess of Five
Hundred Dollars ($500 . 00 ) for necessary labor , materials and
parts . Five years after the City assumes ownership of the
plant facility, the Certificate of Deposit or any remaining
proceeds of the cashed in Certificate of Deposit shall be paid
to Fountainbleau .
4 , Upon completion of the plant facilities and compliance
by Fontainbleau with all the terms and conditions of this
agreement , the City, by motion of the City Council duly made
and passed, will assume ownership and operation of the plant
facility. Fountainbleau covenants that the facility shall be
free and clear of all security interests and other
encumbrances . City will maintain the access road to the extent
it deems necessary.
5 . When a trunk sewer line is available to serve the
property first described in Paragraph 1 , Fountainbleau shall,
at its cost, connect the lateral sewer line system in the
property to the trunk system. At that time, the City shall
relinquish to Fountainbleau its title to the wastewater '�-�
treatment plant facility and its interest in the easement
described in Paragraph 2 . Fountainbleau shall remove the
package treatment plant at its expense and restore the site, as
nearly as practicable, to the original contour of the land .
6. If Fountainbleau or its successor in title fails to
connect the lateral sewer line system of the property served by
the treatment plant facility to the trunk system within six
months of the time the trunk system is available, the City may,
at its option, connect the lateral sewer line system to the
trunk system. Fountainbleau , or its successors in title,
jointly and severally, shall be liable for the cost thereby
incurred by the City. In the event the City connects the
lateral sewer lines to the trunk system, the City shall retain
ownership of the treatment plant equipment . The City shall , as
soon as practicable, remove the equipment from the site and
relinquish its interest in the easement described in Paragraph
2 . Fountainbleau shall restore the site, as nearly as
practicable, to the original contour of the land .
7. This Agreement shall be binding upon the parties ,
their successors and assigns .
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^ _ IN WITNESS WHEREOF, the parties have caused this Agreement
to be duly executed as of the day and year first written above .
CITY OF CAPE GIRARDEAU, MISSOURI
Gary A. Eide, City Manager
ATTEST:
Alvin M. Stoverink , City Clerk
FOUNTAINBLEAU OF CAPE
GIRARDEAU, INC.
( Typed Name & Title of Signer ]
ATTEST:
r"�
[ Typed Name & Title of Signerj
STATE OF MISSOURI )
) SS .
COiJNTY OF CAPE GIRARDEAU )
On this day of , 198 , before me
appeared Gary A. Eide, 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 ,
�
e ores . ee am, o ry u ic
My Commission Expires :
October 8 , 1988
STATE OF MISSOURI ) J
) ss .
COUNTY OF )
On this day of , 198 , before
me appeared , to me
personally known , w o, eing y me u y sworn , did say that he
is the of Fountainbleau of Cape
Girardeau , Inc. , a corporation of the State
of and that the seal affixed to the
foregoing instrument is the corporate seal of said
Fountainbleau of Cape Girardeau, Inc . , and that the said
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 F]HEREOF, I have hereunto set my hand and
affixed my official seal , at my office the day and year first
above written .
[ Typed Name of Notary PublicJ
My Commission Expires :
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