HomeMy WebLinkAboutRES.215.09-02-1986 /�',
BILL NO. 86-136 RESOLUTION N0.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ENTER INTO A LANDFILL LEASE WITH ROSS YOUNG
AND HILDEGARDE YOUNG
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE
GIRARDEAU, MISSOURI , AS FOLLOWS:
SECTION l . The City Manager on behalf of the City of Cape
Girardeau, Missouri , is hereby authorized to enter into a
Landfill Lease with Ross Young and Hildegarde Young. A copy of
this lease is attached to this resolution and made a part
hereof .
PASSED AND ADOPTED THIS p�� DAY OF , 1986 .
ancis E . Rhodes , Mayor
^ ATTEST:
A vin M. Stoverink , City Clerk
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� LANDFILL LEASE
This Agreement made and entered into this day
of , 1986 , by and between Ross Young and
Hildegarde Young, his wife, hereinafter referred to as "OWNERS"
and the City of Cape Girardeau, Missouri , a Municipal
Corporation of the State of Missouri , hereinafter referred to
as "CITY" ;
For and in consideration of the mutual covenants, terms and
conditions contained herein, the parties agree as follows :
SECTION 1 . PREMISES .
Owners hereby lease to City the following described land
situated in Cape Girardeau County, Missouri :
That part of the East half of Section 21 , Township 31
North, Range 14 East, County of Cape Girardeau, State
of Missouri , described as follows:
Start at the North Quarter Corner of said Section 21 ;
thence South 0° O1 ' 48" East, with the Quarter Section
line, 1092 . 09 feet , to the place of beginning; thence
continue South 0° O1 ' 48" East, with said Quarter
`'~ line, 273 . 14 feet, to the Southwest Corner of the
Northwest Quarter of the Northeast Quarter ; thence
continue South 0° O1 ' 48" East, 1094 . 45 feet; thence
South 81° 49 ' 14" East, 494 . 31 feet; thence South 0°
28 ' 03" East, 1648 . 66 feet, to a point on the North
line of Missouri State Route 177 ; thence with said
North line along the arc of a curve to the left, in a
Northeasterly direction, a distance of 150 . 28 feet,
said curve having a radius of 1081 . 0 feet; thence
North 59° 56 ' 37" East , 291 . 25 feet; thence North 55°
40 ' 18" East, 263 . 23 feet; thence departing said Route
177 , North 9° 54 ' 56" East, 1062 . 45 feet; thence North
8° 28 ' 53" East, 268 .98 feet; thence North 4° 53 ' 09"
East , 992 . 3 feet; thence North 84° 57 ' 47" West, 53 . 0
feet ; thence North 72° 25 ' 04" West, 1434 .87 feet, to
the place of beginning and containing 62 . 73 acres .
SECTION 2 . TITLE .
Owners covenant that they are the sole owners of the above
land in fee simple, and that there are no outstanding mining,
mineral , oil or gas rights or easements to or across the above
land.
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SECTION 3 . LEASE CONDITIONAL.
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In order to operate a sanitary landfill on the leased
nremises, the City must hire a consulting engineer to
investigate the site and design a landfill . The City must then
submit an application to the Missouri Department of Natural
Resources for an Operating Permit. City agrees to proceed in
an expeditious manner in investigating the site, designing the
landfill and applying for an Operating Permit. In the event
that the City ' s consulting engineer determines that the
premises are not suitable for a sanitary landfill or in the
event that the Missouri Department of Natural Resources denies
an Operating Permit, City shall so notify Owners and this
agreement shall thereupon terminate.
SECTION 4 . INITIAL TERM.
The term of this Lease shall be five ( 5 ) years commencing
on the date that the City receives an Operating Permit from the
Missouri Department of Natural Resources .
SECTION 5 . RENEWAL TERM.
The City shall have the right to renew this Lease at the
end of the initial term for an additional term of five ( 5 )
years and at the end of the renewal term to renew this lease
� for another term of five ( 5) years . City shall give Owners
notice of its intent to renew the Lease at least twenty ( 20 )
days prior to the expiration of the Lease.
SECTIOrI 6 . TERMINATION OF LEASE.
This Lease will automatically terminate when the premises
have been filled to the maximum amount allowed under the
Operating Permit requirements or if the Operating Permit is
revoked for any reason . In the event City adopts an
alternative waste disposal method, City, at its option, may
terminate this lease upon giving Owners ninety ( 90 ) days
written notice of such termination. City 's option to terminate
this lease may be exercised only during a renewal term and not
during the initial term.
SECTION 7 . RENT.
City shall pay Owners rent, in advance, according to the
following schedule:
$2 , 500 . 00 per month during the initial term.
$3 ,000 . 00 per month during the first renewal term.
$3 ,500 . 00 per month during the second renewal term.
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In the event that this lease is terminated, all obligations
to pay rent shall cease .
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SECTION 8 . ACCESS .
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Owners agree, upon execution of this Lease, to grant City
immediate access to the premises for purposes of drilling and
conducting tests necessary for securing an Operating Permit.
In consideration of such access City agrees to pay Owners the
sum of One Thousand Dollars ($1 ,000 .00 ) .
SECTION 9 . USE OF PREMISES.
The premises herein leased are to be used for purposes of a
sanitary landfill . City may clear , grade, and otherwise change
the surface of the premises in any way it may choose in order
to acomplish its use as a sanitary landfill , provided City
provides proper site drainage and conforms to all laws and
regulations issued by any lawful authority. In designing and
operating the landfill the City shall attempt to minimize
potential complaints . In keeping with this goal , City, to the
extent feasible, will not remove trees until the land or dirt
beneath the trees are needed for actual operations . City shall
plant trees on the border of ttie leased premises as indicated
on Exhibit A, which is attached to and made a part of this
landfill lease . If feasible, the City will start operations on
the North end of the leased premises and work toward the South
end . City shall not allow any portion of the leased premises
that has been used for burial of refuse to drain to the Paul
� Talley land adjacent to the leased premises .
SECTION 10 . RESTRICTIONS ON PRIVATE HAULERS.
rdo private commercial trash hauler shall be allowed to
dispose of waste material generated outside Cape Girardeau
County at the landfill on the leased premises without the
written consent of Owners .
SECTION 11 . ROAD.
City shall maintain an all-weather road to the landfill
site at all times . This road shall be constructed before any
refuse is hauled to the landfill site and shall remain after
the completion and closing of the landfill . This road shall be
properly drained and shall be kept free of litter and debris.
SECTION 12 . IMPROVEMENTS .
City shall have the right to construct a building for
equipment repair and storage adequate to meet City 's needs of
operating a sanitary landfill . The location of this building
shall be determined by City in consultation with Owners and
shall remain on the premises and become the property of Owners
upon expiration of this lease. The City may drill a well for
its use at a location to be determined by City in consultation
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with Owners . The well equipment shall remain on the premises
� and become the property of Owners upon expiration of this lease .
SECTION 13 . FENCE.
City shall construct and maintain an eight (8 ) foot
chain-link fence of inedium gauge along the length of the East
border of the leased premises . This fence shall have one ( 1 )
gate at a location to be designated by Owners .
SECTION 14 . TIMBER RIGHTS .
City shall give Owners at least thirty ( 30 ) days written
notice of its intent to cut or otherwise remove or cover any
marketable timber on the premises . Owners shall thereupon have
the right to remove such timber at their own expenses within
such period without payment to City.
SECTION 15 . OBEDIENCE TO LAWS.
City agrees that in operating the sanitary landfill it
shall obey all applicable State and Federal laws and
regulations , and expressly agrees that it shall operate its
sanitary landfill in full compliance with the Regulations of
the Missouri Department of Natural Resources .
^ SECTION 16 . INDEMNIFICATION.
City shall indemnify and hold harmless Owners from any and
all claims which may be made against Owners arising out of
City ' s occupation and use of the demised premises, including
claims which may be made for pollution .
SECTION 17 . ASSIGNMENT AND SUBLEASE.
City shall not assign all or any portion of this Lease, nor
sublet all or any portion of the premises , except as
hereinabove provided, without the prior written consent of
Owners .
SECTION 18 . NOTICES .
For purposes of this Lease, whenever it becomes necessary
to serve any notice upon Owners, it shall be deemed served and
delivered when deposited in the United States Mail , registered
or certified, postage prepaid and addressed to:
Mr . Ross Young
Cedar Hills
Cape Girardeau, MO 63701
and whenever it becomes necessary to serve any notice on City,
� it shall be deemed served and delivered when deposited in the
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United States Mail , registered or certified, postage prepaid
,� and addressed to
City Manager
City Hall
401 Independence
P . 0. Box 617
Cape Girardeau , Missouri 63701
Each party shall notify the other of any change in mailing
address .
SECTION 19 . LIENS
If Owners fail to pay any note secured by Deed of Trust on
the demised premises or any other lien which may be presently
upon the premises or hereafter attached, and the interest of
City in the premises becomes endangered by reason of default or
nonpayment thereof as City may determine at its sole
discretion, City may make any payment reasonably necessary to
delay or eliminate foreclosure or other enforcement and may
deduct the amount so paid from payments thereafter otherwise
due Owners or recover the same from Owners by suit at its
election. Owners shall pay all notes secured by Deeds of Trust
and all taxes on the premises .
� SECTION 20 . TERMINATION OBLIGATIONS .
At the termination of the Lease, City shall remove all
signs identifying the premises as a sanitary landfill . City
shall comply with all laws and regulations issued by any lawful
authority concerning completion and closing of the sanitary
landfill . At the termination of the lease, City shall replace
any fencing which is shown on Exhibit A and which was removed
by City in the course of operating the landfill . City shall
have access to the premises after termination of the Lease for
purposes of properly and lawfully closing the landfill .
SECTION 21 . PARTIES BOUND.
This Lease shall be binding upon the parties hereto, the
heirs , executors, administrators, successors, trustees and
assigns of Owners and the successors and assigns of City. All
of the covenants , terms and conditions herein contained shall
be construed as covenants running with the land.
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IN WITNESS WHEREOF, the parties hereto have executed this
,�-.. Lease the day and year first above written.
OWNERS
Ross Young
Hildegarde Young
CITY
CITY OF CAPE GIRARDEAU, MISSOURI
Gary A. Eide, City Manager
ATTEST:
Alvin M. Stoverink , City Clerk
� STATE OF MISSOURI )
) ss .
COUNTY OF CAPE GIRARDEAU )
On this day of , 1986, before
me a Notary Public in and for said state, personally appeared
Ross Young and Hildegarde Young, known to me to be the persons
who executed the within Lease , and acknowledged to me that they
executed the same for the purposes therein stated.
IN TESTIMONY WHEREOF, I have hereunto set my hand and
affixed my official seal , the day and year first above written.
(Typed Name of Notary Public]
My Commission Expires :
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STATE OF MISSOURI )
,,,,1 ) s s .
COUNTY 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.
Delores G. Need am, Notary Pu lic
My Commission Expires :
October 8 , 1988
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