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HomeMy WebLinkAboutCouncil.Minutes.11-02-2020.AgendaMissouri General Warranty Deed This Indenture, Made on 13th day of October, 2020, by and between JERRY LIPPS VOLUNTARY TRUST AGREEMENT OF APRIL 1, 1982, as GRANTOR, and CITY OF CAPE GIRARDEAU, as GRANTEE, whose mailing address is: 401 INDEPENDENCE CAPE GIRARDEAU MO 63703 Property Address: , CAPE GIRARDEAU, MO 63703 WITNESSETH: THAT THE GRANTOR, in consideration of the sum of One Hundred Dollars ($100.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby Grant, Bargain, Sell, Convey and Confirm unto GRANTEE, GRANTEE'S heirs and assigns, the following described lots, tracts and parcels of land situated in the County of SCOTT and State of Missouri, to wit: Tract 1: A part of the North Half (N 1/2) of the Northwest Quarter (NW 1/4) and part of the North Half (N 1/2) of the Northeast Quarter (NE 1/4) of Section 35, Township 30 North, Range 13 East in the City of Cape Girardeau in Scott County, Missouri, described as follows: Commence at the northwest corner of said Section 35 (nothing found - set 5/8 inch iron rod); thence South 00100, 00" West along the West line of said Section 35, 647.16 feet to the point of beginning; thence South 89148' 25" East, 2721.18 feet; thence South 891 47' 24" East, 1355.18 feet to a point in the East line of the Northwest Quarter of the Northeast Quarter of said Section 35; thence South 00° 09' 30" East along the Quarter Quarter Section Line, 160.01 feet; thence South 200 12' 32" West, 574.64 feet to a point in the South line of the Northwest Quarter of the Northeast Quarter of said Section 35; thence North 891 47' 24" West along the Quarter Quarter Section Line, 1151.93 feet to the southwest corner of the Northwest Quarter of the Northeast Quarter of said Section 35; thence North 890 48' 25" West along the Quarter Quarter Section Line, 1885.69 feet; thence North 741 02' 52" West, 874.33 feet to a point in the west line of said Section 35; thence North 001 00' 00" East along the west line of said Section 35, 462.54 feet to the point of beginning. Tract 2: Together with the right of ingress and egress over and across 30.00 foot access road easement being 15.00 feet either side of the following described centerline, to -wit: A tract or parcel of land being a part of the North Half (N 1/2) of Section 35, Township 30 North, Range 13 East, Scott County, Missouri, described as follows: Commence at the northwest corner of Section 35, Township 30 North, Range 13 East; thence South 001 00' 00" West along the west line of said Section 35, 647.16 feet; thence South 89° 48' 25" East, 2721.18 feet; thence South 89147' 24" East, 1340.18 feet to the Point of Beginning; thence North 001 09'30" West, 614.99 feet; thence South 89° 50' 28" East, 847.74 feet to a point 15.00 feet perpendicular to the west right of way line of the West Outer Road of Interstate 55; thence South 461 05' 47" East parallel to and 15.00 feet westerly of said right of way line, 173.28 feet; thence North 43154' 13" East, 15.00 feet to the intersection of the west right of way line of the West Outer Road of Interstate 55 and there terminating. Subject to terms, conditions, restrictions, reservations and easements of record, if any. TO HAVE AND TO HOLD The premises aforesaid with all singular, the rights, privileges, appurtenances and immunities thereto belonging or in any wise appertaining unto GRANTEE and unto GRANTEE'S heirs and assigns forever; the GRANTOR hereby covenanting that GRANTOR is lawfully seized of an indefeasible estate in fee of the premises herein conveyed; that GRANTOR has good right to convey the same; that the said premises are free and clear from any encumbrance done or suffered by GRANTOR or those under whom GRANTOR claims, except as stated above and except for all taxes assessments, general and special, not now due and payable, and that GRANTOR will warrant and defend the title to the said premises unto GRANTEE and unto GRANTEE'S heirs and assigns forever, against the lawful claims and demands of all persons whomsoever. If two or more persons constitute the GRANTOR or GRANTEE, the words GRANTOR and GRANTEE will be construed to read GRANTORS and GRANTEES whenever the sense of this Deed requires. IN WITNESS WHEREOF, The GRANTOR has hereunto executed this instrument on the day and year above written. JERRY LIPPS VOLUNTARY TRUST AGREEMENT OF APRIL 1, 1982 BY RUTH W. LIPPS, STEE State of Missouri, County of Cape Girardeau On this October 13, 2020, before me appeared Ruth W. Lipps, to me personally known, who being by me duly sworn did say that she is the Trustee of the Jerry Lipps Voluntary Trust Agreement of April 1, 1982 and acknowledged that the instrument was signed on behalf of said Trust, that the instrument is the free act and deed of said Trust, and that she has full power and authority to act on behalf of said Trust in her capacity as Trustee of Jerry Lipps Voluntary Trust Agreement of April 1, 1982. In Witness Whereof, I have hereunto set my hand and affixed my notarial seal the day and year last above written. REBE CAL. FLUCHEL Notar Public My Term Expires: September 2, 2021 REBECCA L FW CHEL Notary Public -Notary Seal Bollinger County - Sla lc of Missouri Commission Number 13388638 My Conumssion Expires Sep 2, 2021 PERMANENT WATERLINE EASEMENT V.A. CAPE G. SUBDIVISION KNOW ALL PERSONS BY THESE PRESENTS: That D&D CAPE INVESTMENTS, L.P., a Missouri limited liability partnership, hereinafter referred to as the "Grantor", in consideration of the sum of One Dollar ($1.00) and other good. and valuable consideration, the receipt of which is hereby acknowledged, does hereby grant to the CITY OF CAPE GIRARDEAU, MISSOURI, a municipal corporation, hereinafter referred to as the "Grantee", a perpetual, non-exclusive waterline easement (the "Easement") within the area described in Exhibit A, attached hereto and incorporated herein by this reference (the "Easement Area"), subject to all matters of record. SAID EASEMENT is granted for the purpose of enabling the Grantee, its agents, servants, and assigns to use the Easement Area for the operation, maintenance, repair, and replacement of a public waterline located therein, together with all the useful, necessary and proper adjuncts, appurtenances, and appliances in connection therewith, as shown on the plans and specifications on file in the Office of the City Engineer. In exercising the rights granted herein, the grantee shall promptly repair any damage or disturbance resulting in connection therewith to the same or as good condition as existed immediately prior to Grantee's entry on the Easement Area, including restoring the ground to grade, seeding and strawing, and replacing pavement as applicable. At all times, the Grantee shall maintain worker's compensation insurance for any and all employees entering onto or performing any work within the Easement Area. In addition, the Grantee shall require any and all contractors retained by the Grantee to perform any work within or to enter upon the Easement Area to maintain worker's compensation insurance and commercial liability insurance in reasonable and customary amounts covering any personal injury and property damage arising in connection with such work. All work performed by or on behalf of the Grantee in the Easement Area shall be paid for in fill by the Grantee, and shall be performed in a good and workmanlike manner, in compliance with all applicable laws. TO HAVE AND TO HOLD the same with all Rights, Immunities, Privileges and Appurtenances thereto belonging, unto the Grantee and its successors and assigns FOREVER, so that neither the Grantor, nor its successors and assigns, nor any other person or entity, for it or in its name on behalf, shall or will hereafter claim or demand any right or title to the aforesaid premises, or any part thereof, but they and every one of them shall, by these presents, be excluded and forever barred. THE GRANTOR covenants that it is the owner in fee simple of the Easement Area and has the legal right to convey said Easement. 4 V.A. CAPE G. SUBDIVISION 711 South Mount Auburn EXHIBIT A Easement Area AN EASEMENT FOR A WATER LINE EXTENSION, DESCRIBED AS FOLLOWS: A STRIP OF LAND 20.00 FEET WIDE, LYING 10.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: A PART OF UNITED STATES PRIVATE SURVEY NO. 174, T 30 N, R 13 E, OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHEAST HEALTH WEST CAMPUS AS RECORDED IN PLAT DOCUMENT NO. 2019-07795 OF THE LAND RECORDS OF THE COUNTY RECORDER'S OFFICE; THENCE S 07° 1730" W, 1,646.38 FEET ALONG THE WEST LINE OF SAID SUBDIVISION AND ITS PROLONGATION TO THE WEST RIGHT OF WAY LINE OF SOUTH MOUNT AUBURN ROAD, SAID POINT BEING THE POINT OF CUSP WITH A CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 940.00 FEET, A CENTRAL ANGLE OF 06° 0V 30" AND TO WHICH POINT A RADIAL LINE BEARS, N 73° 19' 54" E; THENCE IN A NORTHWESTERLY DIRECTION ALONG SAID CURVE AND RIGHT OF WAY LINE, 98.85 FEET TO THE TRUE POINT OF BEGINNING: THENCE S 890 00' 58" W, 90.80 FEET; THENCE N 85° 50' 46" W, 57.25 FEET; THENCE N 040 09' 14" E, 16.00 FEET AND THERE TERMINATING. City of Cape Girardeau Subdivision Plat Requirements MINIMUM REQUIREMENTS FOR RECORD PLATS - COMPLETE CHECKLIST AND SUBMIT WITH APPLICATION (First column of check boxes isfor professional second column is for City staff) NAME OFSUBDIVISION: RAt.,tXS SL/ZrDrwTST04J ZEI Sheet size -1O"x24",24"x24" or24"x36" Z[] White background with black text and graphics; Qreysca|eallowed; noother colors .0 O Border - rectangular, solid Une(s) 21 O Title block - include name, address, and phone number of consultant preparing the plat; include box for original issue date and atleast 3 revision issue dates 0 [] Sheet number, ifplat consists cfmore than one sheet 00 Plat title - located at the top of the sheet, preferably centered; begin with "RECORD PLAT"; name cannot be a duplicate of an existing subdivision inthe county orbegin with "ARESUBDIVISION OF" 0 O Description beneath plat title - if existing platted lots are involved, begin with "ALL OF" or "PART OF" as applicable; include Block Number ifapplicable; include Book and Page or Document Number of existing plat; include vacated right-of-way/alley if applicable; end with "IN THE CITY AND COUNTY OFCAPE G|RAROEAU,yW|SSOUR|" 011 References-Ust all deeds, plats, separate easement instruments, etc. used in preparing the plat; includeBookandPageor Document Number for each, ifrecorded 011 North arrow with basis ofbearings JZ O Graphic scale - 1/100 or less; must be e multiple of 10 O Vicinity map - lines only (no imagea); aUnemrbystreetsandmajorstreets|ebe|ed;site|ebe|ed;inc|udeNortharr/vvand"NT6" or "NOT TO SCALE" F/I O Legend-Ustfoundmonurnentsfirst, followed byset monuments, foUmwedby:"SUBO|V|S|ON8OUNOARYL|NE","N2VVLOT LINE" and/or "LOT LINE TO BE ELIMINATED" as applicable, "EXISTING EASEMENT LINE" and/or "NEW EASEMENT LINE" as applicable, "BUILDING SETBACK L|NE","ADJACENT PROPERTY L|NE","R|GHT-OF-VVAYL|NE","[ENTERL/NE",other symbols as applicable 00 Curve table and/or line table, if necessary - include unit symbols for distances/lengths Z [] Subdivision boundary and internal lines accurately drawn and labeled with bearing and distance or referenced to curve tab|e/linetab|e O Section/township/range lines accurately drawn and labeled 0,0 Adjacent parcel lines accurately drawn Z" 11 Subdivision boundary and internal lots checked for closure Z [] Each proposed lot labeled with lot number and area expressed in square feet and acres G� O All parcels within and adjacent to the subdivision boundary labeled with record owner name and Book and Page or Document Number for deed O All existing platted lots within and adjacent to the subdivision boundary labeled with subdivision name and Book and Page or Document Number for plat [] All existing easements within the subdivision boundary labeled as existing; include type of easement (water, sewer, utility, access, etc.); include Book and Page orDocument Number, (frecorded Z O All new easements within the subdivision boundary labeled as "NEW UTILITY EASEMENT" unless easement is for a non utility purpose (such asaccess) 0 O All building setback lines within the subdivision boundary labeled; include depth 00 All rights-of-way within and adjacent to the subdivision boundary labeled with street name (or labeled as alley if applicable) and right-of-way width 0 O All private streets within and adjacent to the subdivision boundary labeled with street name followed by "(PRIVATE STREET)" and shown within anaccess easement (5Ofoot easement width ifnew) 0 [] Notes/ • Zoning - include zoning district name, minimum lot area, minimum lot width, maximum density if applicable, and setbacks; if zoning district has different standards based on land use type, include all standards and state the proposed usetype(s) • Lot - include total number of lots, largest lot -area, smallest lot area, and total subdivision area; include proposed density (for residential subdivisions) Revised 12/06/2019 MINIMUM REQUIREMENTS FOR RECORD PLATS (CONTINUED) • Variance, if applicable -begin with "A VARIANCE IS SHOWN FOR" followed by "A REDUCED LOT AREA FOR LOT_", "A REDUCED LOT WIDTH FOR LOT _", or "A REDUCED YARD SETBACK ALONG THE LOT LINE OF LOT _", as applicable • Exception, if applicable - begin with "AN EXCEPTION IS SHOWN FOR" followed by "THE OMISSION OF THE REQUIRED 10 FOOT UTILITY EASEMENT ALONG THE LOT LINE OF LOT " or "A REDUCED UTILITY EASEMENT WIDTH ALONG THE LOT LINE OF LOT_", as applicable • Floodplain - begin with "A PORTION OF THE PROPERTY FALLS WITHIN" or "NO PORTION OF THE PROPERTY FALLS WITHIN", as applicable; if referencing a zone designation, state what that designation means QI ❑ List each record owner name and Book and Page or Document Number for deed, name and address of party for whom the plat was prepared, name and address of consultant that performed the survey and prepared the plat l ❑ Subdivision Dedication: • Begin with "THE UNDERSIGNED," followed by the owner name(s) as stated in the current deed(s); include "HUSBAND AND WIFE," if applicable; include "A [insert state name] LIMITED LIABILITY COMPANY," or "A [insert state name] CORPORATION," if applicable; followed by "OWNER OF" or "OWNERS OF" and a description matching the description beneath the plat title, followed by "CONTAINING SQUARE FEET (_ ACRES), MORE OR LESS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:"; followed by a legal description of the total subdivision area; followed by "HEREBY SUBDIVIDE" or "HEREBY SUBDIVIDES"; followed by "SAID TRACT INTO AS SHOWN HEREON, WHICH IS A TRUE AND CORRECT REPRESENTATION OF SAID SUBDIVISION, WHICH IS HEREBY NAMED " • New right-of-way and/or easements - use standard language 0 ❑ Legal description checked against drawing for congruence ,I ❑ Owner signature line(s) with notary block(s) - include title after signatory name if owner is not an individual; include "HUSBAND AND WIFE," if applicable; include "A [insert state name] LIMITED LIABILITY COMPANY," or "A [insert state name] CORPORATION," if applicable ®❑ City Clerk's certification - use standard block for record plats 0 ❑ County Recorder of Deeds' certification - use standard block 0 ❑ Surveyor's certification block Revised 12/06/2019 PERFORMANCE GUARANTEE AGREEMENT WALDEN PARK PHASE 5 This Performance Guarantee Agreement, hereinafter referred to as this "Agreement", is made and entered into this day of , 2020, by and between RIVERWEST PARTNERS, L.C., a Missouri Limited Liability Company, having its principal office and place of business at 2832 Walden Boulevard, Cape Girardeau, Missouri, 63701, hereinafter referred to as the "Developer", and the CITY OF CAPE GIRARDEAU, MISSOURI, a Municipal Corporation of the State of Missouri, hereinafter referred to as the "City". The Developer and the City collectively are hereinafter referred to as the "Parties". WITNESSETH: WHEREAS, the Developer is the owner of Walden Park Phase 5, a proposed subdivision located within the City of Cape Girardeau, Missouri, and has submitted to the City improvement plans and specifications for said subdivision, which have been approved by the City, and has submitted a record plat for said subdivision with request that said plat be approved by the City; and WHEREAS, the Developer proposes to meet the ordinance requirements of the City with respect to the posting of this 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 stipulate and agree as follows: The Developer has submitted to the City a record plat for Walden Park Phase 5, hereinafter referred to as "Proposed Subdivision", with request that said plat be approved by the City. The Developer has also submitted improvement plans for the Proposed Subdivision, which have been approved by the City. 2. An Irrevocable Letter of Credit, hereinafter referred to as the "Letter of Credit", has been issued for the cost of the improvements in the Proposed Subdivision by First Missouri State Bank of Cape County, hereinafter referred to as the "Financial Institution". The Letter of Credit is attached to this Agreement as "Exhibit A" and made a part hereof as though fully set out herein. The 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 Proposed Subdivision and commits itself for enough funds to complete the improvements in the Proposed Subdivision. Further, the Letter of Credit lists the City as the Beneficiary and provides for payment of funds to the City in the event the Developer is found to be in default under this Agreement. 3. A copy of the most recent financial statement of the Financial Institution is made available for the purpose of guaranteeing to the City that the Financial Institution, as the Page 1 of 5 issuer of the Letter of Credit to the Developer, has sufficient resources with which to uphold its guarantee. 4. The City may, from time to time, authorize a reduction in the balance of the Letter of Credit and shall do so by written notification from the City's Administrative Officer. 5. Upon approval by the City through its Administrative Officer for the release of the remaining balance of the Letter of Credit, this Agreement shall be terminated and the Developer and the Financial Institution shall be released from any further obligation to the City insofar as the provisions of this Agreement are concerned. 6. If, after two (2) years from the date of this Agreement, all the improvements shown on the approved improvement plans and specifications have not been completed, the City may request payment from the balance of the Letter of Credit as required in order to complete the improvements. Said request for payment shall be per the terms of the Letter of Credit. 7. This Agreement shall not in any fashion be construed to limit the powers, rights, or duties of the City, but shall be construed in the light of the applicable City ordinances. 8. No part of this Agreement may be assigned by the Developer or the Financial Institution without first obtaining the express written consent of such assignment by the City, but the City agrees not to unreasonably withhold such consent. date. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the above Page 2 of 5 DEVELOPER RiverWest Partners, L.C. STATE OF S 6 1) ) SS. COUNTY OF � JC 'r- On rOn this 2 J day of Vci-0 -� e." , 2020, before me personally appeared Gerald W. Jones II, Managing Member of RiverWest Partners, L.C., a Missouri Limited Liability Company, to me known to be the person described in and who executed the foregoing instrument, and acknowledged that he executed the same as the free act and deed of said Limited Liability Company. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the State and County aforesaid, the date first above written. MYoommtsslon P*r" %SKe,,': Jung 19, 9022f Cal*01rWdenucounry Notary Public Comm�ssian �18�ggt6 Name/My Commission Expires: Page 3 of 5 CITY City of Cape Girardeau, Missouri Scott A. Meyer, City Manager ATTEST: City Clerk STATE OF MISSOURI ) SS. COUNTY OF CAPE GIRARDEAU ) On this this day of , 2020, before me personally appeared Scott A. Meyer, City Manager of the City of Cape Girardeau, Missouri, a Municipal Corporation of the State of Missouri, to me known to be the person described in and who executed the foregoing instrument, and acknowledged that the foregoing instrument was signed and sealed on behalf of said City by authority of its City Council, and acknowledged that he executed the same as the free act and deed of said City. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the State and County aforesaid, the date first above written. Notary Public Name/My Commission Expires: Page 4 of 5 EXHIBIT A IRREVOCABLE LETTER OF CREDIT (on following page) Page 5 of 5 4rFIRST MISSOURI STATE RANK DATE: November 2, 2020 FROM: First Missouri State Bank of Cape County 2 S Mt Auburn Rd Cape Girardeau, MO 63703 TO: Riverwest Partners LC 2832 Walden Blvd Cape Girardeau, Missouri 63701 &IN City of Cape Girardeau, Missouri — Beneficiary City Hall, 401 Independence Street Cape Girardeau, MO 63701 IRREVOCABLE LETTER OF CREDIT #382 WHERE FIRST MEANS MORE www.wherefirstmeansmore.com We hereby issue this Irrevocable Letter of Credit in your favor up to the aggregate amount of One Hundred Thirty -Five Thousand Nine Hundred Thirty -Six and 50/100 dollars ($135,936.50) available upon your demand and upon the approval of Beneficiary — City of Cape Girardeau for the cost of developing Walden Park Phase 5 Subdivision (Sidewalks) according to the record plat and improvement plans and specifications on file at the City of Cape Girardeau. 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 City ordinances, draw the balance of your account required to complete said improvements. FINANCIAL INSTITUTION First Missouri State Bank of Cape County Steve Taylor, President/CEO 2 South Mount Auburn Rd. • Cape Girardeau, Missouri 63703 • 573-334-9000 800 North Kingshighway • Cape Girardeau, Missouri 63701 • 573-335-9000 1846 East Jackson Blvd. • Jackson, Missouri 63755 • 573-243-9000 Member FDIC • First Missouri State Bank of Cape County Article 3. CONTRACT TIMES. 3.1 Regardless of when the work is begun on this contract, all work shall be completed and ready for final payment on or before October 31, 2021 . 3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense and difficulties involved in proving the actual loss suffered by OWNER if the Work is not competed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER $1,100.00 for each day that expires after the time specified in paragraph 3.1 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the time specified in paragraph 3.1 for completion and readiness for final payment or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER $1,100.00 for each day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment. Article 4. CONTRACT PRICE. OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined pursuant to paragraphs 4.1: 4.1 For all Unit Price Work, an amount equal to the sum of the established unit price for each separately identified item of Unit Price Work -times the estimated quantity of that item as indicated in the bidding documents. TOTAL OF ALL UNIT PRICES: Seven hundred sixty-three thousand one hundred twenty-two dollars and zero cents ($763,122.00) As provided in paragraph 11.9 of the General Conditions estimated quantities are not guaranteed, and determinations of actual quantities and classification are to be made by ENGINEER as provided in paragraph 9.10 of the General Conditions. Unit prices have been computed as provided in paragraph 11.9.2 of the General Conditions. Article 5. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. A-2 Article 7. CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into the Agreement, CONTRACTOR makes the following representations: 7.1 CONTRACTOR has examined and carefully studied the Contract Documents (including the Addenda listed in paragraph 8) and the other related data identified in the Bidding Documents, including "technical data". 7.2 CONTRACTOR has visited the site and become familiar with and is satisfied as to the general, local and site conditions that may affect cost, progress, performance and furnishing of the Work. 7.3 CONTRACTOR is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress, performance and furnishing of the Work. 7.4 CONTRACTOR has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) which have been identified. CONTRACTOR acknowledges that such reports and drawings are not Contract Documents and may not be complete for CONTRACTOR'S purposes. CONTRACTOR acknowledges that OWNER and ENGINEER do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the site. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto. CONTRACTOR does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents. 7.5 CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the site that relates to the Work as indicated in the Contract Documents. 7.6 CONTRACTOR has correlated the information known to CONTRACTOR, information and observation obtained from visits to the site, reports and drawings identified in the Contract documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents. 8.13 The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying or supplementing the Contract Documents pursuant to paragraphs 3.5 and 3.6 of the General Conditions. The documents listed in paragraphs 8.2 et seq. above are attached to this Agreement (except as expressly noted otherwise above). There are no Contract Documents other than those listed above in the Article 8. The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3.5 and 3.6 of the General Conditions. Article 9. MISCELLANEOUS. 9.1 Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 9.2 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.3 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. 9.4 Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 9.5 Pursuant to 292.675, R.S. Mo, the contractor is informed that all contractors or subcontractors doing work on this project to provide, and require its on-site employees to complete, a ten (10) hour course in construction safety and health approved by the Occupational Safety and Health Administration ("OSHA") or similar program approved by the Missouri Department of Labor and Industrial Relations which is at least as stringent as an approved OSHA program. The training must be completed within sixty (60) days of the date work on the project commences. On-site employees found on the worksite without documentation of the required training shall have twenty (20) days to produce such documentation. MR (a) BIDDER has examined and carefully studied the Bidding Documents and the following: Addenda, receipt of all which is hereby acknowledged: (List addenda by addendum Number and Date) Addendum #1 — October 13, 2020 (b) BIDDER has visited the site and become familiar with and is satisfied as to the general, local and site conditions that may affect cost, progress, performance and furnishing of the Work; (c) BIDDER is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress, performance and furnishing of the Work. (d) BIDDER has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) which have been identified. BIDDER acknowledges that such reports and drawings are not Contract Documents and may not be complete for BIDDER'S purposes. BIDDER acknowledges that OWNER and Engineer do not assume responsibility for accuracy or completeness of information and data shown or indicated in the Bidding Documents with respect to Underground Facilities at or contiguous to the site. BIDDER has obtained and carefully studied (or assumes responsibility for having done so) all such additional or supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by BIDDER and safety precautions and programs incident thereto. BIDDER does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary for the determination of this Bid for performance and furnishing of the Work in accordance with the times, price and other terms and conditions of the Contract Documents. (e) BIDDER is aware of the general nature of Work to be performed by Owner and others at the site that relates to Work for which this Bid is submitted as indicated in the Contract Documents. (f) BIDDER has correlated the information known to BIDDER, information and observations obtained from visits to the site, reports and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents. BF -2 4. BIDDER will complete the Work in accordance with the Contract Documents for the following price(s): Seven hundred sixth -three thousand one hundred twenty-two dollarsjpf 011 (Written figure) (Total bid amount is to be shown in both words and figures. In case of discrepancy, the amount shown in words will govern. In case of error in extension, the unit and lump sum prices under each Pay Item will be considered correct, and these sums when properly extended, shall constitute the Did.) Unit Prices have been computed in accordance with paragraph 11.9.2 of the General Conditions. BIDDER acknowledges that quantities are not guaranteed and final payment will be based on actual quantities determined as provided in the Contract Documents. 5. BIDDER agrees that regardless of when the work is begun on this contract, all work shall be completed and ready for final payment on or before October 31, 2021. BIDDER accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the time specified in the Agreement. EST. T'OT'AL EST. NO - ITEM UNIT QTY. UNIT PRICE PRICE 1 Remove and Replace SF 147,676 $ 5.15 $ 7 60, 5 31 .4 0 Concrete Street 2 Pop Up ®rain EA 16 $ 100.00 $ 1 , 600.00 Temporary Traffic LS 1 $ 990.60 $ 990.60 3 Control TOTAL BID FOR ALL UNIT PRICES 763, 1 22.00 p Seven hundred sixth -three thousand one hundred twenty-two dollarsjpf 011 (Written figure) (Total bid amount is to be shown in both words and figures. In case of discrepancy, the amount shown in words will govern. In case of error in extension, the unit and lump sum prices under each Pay Item will be considered correct, and these sums when properly extended, shall constitute the Did.) Unit Prices have been computed in accordance with paragraph 11.9.2 of the General Conditions. BIDDER acknowledges that quantities are not guaranteed and final payment will be based on actual quantities determined as provided in the Contract Documents. 5. BIDDER agrees that regardless of when the work is begun on this contract, all work shall be completed and ready for final payment on or before October 31, 2021. BIDDER accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the time specified in the Agreement. IE BIDDEN is: An Individual By (Individual's Name) doing business as Business address: TOOTITO0 A Partnership By (Firm Name) (General Partner) Business address: Phone No.: A Corporation By Nip Kelley Equipment Co., I� (Corporation Name) Owl Missouri � (State of Incorporation).: w w°"`�B r t� Vince Kelley Y (Name of Person Autho I President , f (Title) fry ,(i✓rpor, le Seal) Attest' to 40n) an Kelley (� (Secretary) Business address: 41 North Sprigg St. Cape Girardeau, MO 6.3701 Phone No.; 573-334-0553 ®ate of Qualification to do business is January '1974 EM SEAL) SEAL) SEAL) SEAL) The Contractor shall be registered with the Missouri Secretary of State in order to work on this project. BIDDER hereby states that he will perform the following items of work directly without employment of subcontractors: All work not listed below It is anticipated that the following subcontractors will be employed for work on this project: WPUT"Z, I k6 (Name of Company) (Type of Work) All subcontractors shall be registered with the Missouri Secretary of State in orderto work on this project. and that a penalty shall be assessed, the City shall withhold and retain all sums and amounts due and owing when making payments to Contractor under this Contract. FURTHER AFFIANT SAITH NOT. IN AFFIRMATION 'THEREOF, the facts stated above are true and correct (the undersigned understands that false statements made in this filing are subject to the penalties provided in Section 575.040, RSMo.) By: ATTEST: Nip Keller Equipment Co (Name of Corpora on) /'i (Name of Officer of CoY�6tiationd Title) Vince Kelley, Pre dent .G ,C�{etaftCa erofficer) an Kel] y OF CCzItPORATION) V ss. COUNTY OF 090L &6 fpd(,VCl,- ) On this 10hay of d t � 2020, before me appeared `+Vl tX V Z 1 -0 , to personally I own, who, being by me duly sworn, did say that&/she is the „/VS° A4 of f �the Lassouri Corporation, and that the seal affixed to the foregoing insti in t sal of said Corporation, 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 WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in Cape Girardeau, Missouri, the day and y ar first above written. Notary Public S'1111"11 STACI L. PEPPLE My Co ssion Expires: : �� NOTPRY r: My Commission io Expires 0 . SEAL off, Scofi County ka �OF�+` Commission#13434217 OSHA - 2 STATE OF V V SvJLt V ) ss. COUNTY OF On this j day of 20,1.�, before me appeared V da ke `(e. , to ine personally known, who, being by m�d e duly sworn, did say that &/she is the 'ot' ct l of ` Ki Ili, 4)�J`1 o Missouri Corporation, and that the seal affixed to the foregoing instrument is the seal of said Corporation, 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 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. t. s C "-4&Aq& Notary Public My Commission Expires: ;�.Z4TAH��'= MyCommi ion Exp February 9, 2021 Sort county M Commissbn #13434217 THIS PAGE INTENTIONALLY LEFT BLAND. STATE OFgiaftf i ) ss. COUNTY OF ( `,Y ) On this dAay ofyc�W, 2020, before me appeared 'Viyiet K i _4 , to me personally known, who, being by me duly sworn, did say that is the WX]dl" of ( Missouri Corporation, and that the seal affixed to the foreg Ing insft en i the seal of said Corporation, 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 WHEREOF, I have hereunto set my hand and affixed my official seal, at my office, the day and year first above written. 'k 46� ---/) ) Notary Public +� p��., STACI L. PEPPLE My Commission Expires; , �o� ... 8��, ply Commission Expires NOTARY'. : February 9, 2021 SEAT. Scott County �M\ Commission #13434211 -Ve i .. E- VERIF'V 14 1. S'EAVIC'E OF IMS Company ID Number: 211168 To be accepted as a participant in E -Verify, you should only sign the Employer's Section of the signature page. If you have any questions, contact E -Verify at 888-464-4218. Employer Nip Kelley Equipment Company, Inc. Vince Kelley Nama (F'ie<tseType or Pri6f) .�"aiK�YE�iLd3'� Department of Homeland Security— Verification Division USCIS Verification Division _..............._......._......._................:....-......,................_..................._..........,.............................................................................._........_........_..... �� €mz� (C�ic;<.,e, "iypc; <�r F�ririt) signature Page f I cal I31E:,Venly M UI for EnnpkweriRemi an Daie 10,129 ,108 Titio 05/05/2009 _..... ...... .._..... ..__...._....... _........._.._.._........................_....._.......- 7"itl�Y rM 01 4 -Ven y, E-Vegl(ly IS A SM11111C OF MIS Company ID Number: 211168 Information relating to the Program Administrator(s) for your Company on policy questions or operational problems: Name: Staci L Pepple Telephone Number: (573) 334 - 0553 Fax Number: (573) 334 - 2025 E-mail Address: spepple@nipkelleyco.com Name: Vince L Kelley Telephone Number: (573) 334 - 0553 Fax Number: (573) 334 - 2025 E-mail Address: vkelley@nipkelleyco.com Nip 13 of 13jE..V(.,0,v MOU for F'tnidoyefjRevision Date 1QY29if..-8' i . ti�i+�t46:rxttd Slat�cly',3�1Kt� alld �asvetgtP%rr bm.� Rel, t#tm;a ItCirsr �R�ctitgfS. tidYYttrd#tPiitaatti tKiCCt7�arS Atld 7kitYl�rlf tl' 'W upcttt defi slot a siddo thm para) scam W 14M'pts 6-M skim Ora •J �ed!t o ' idd�r t<hl crY s3p4ii a hilum of lhdao to deliver Within tiro tlrm noigd by the ldid4i" 1 -tic; extcutaii AgYt~=Wttt tCq*C4 by %M siiddirt 64uYr is W j� PetrfaIYn . e la PaYrIWI bh6jids mlmir� by the Sliminz Docttrrreors and COtttrl.a Dmau+ttahis," 3. 'this gblt ntian h11t tic bull acid Yaid if l OwoeraCctm sidi a hid Xud piddardeHYacs within the ar�at�a �y t�� �idr��ss't�aemn�rs(rcr �,� earrr�,iatrt�rea�Y�drs�s4`i�oriws,� £k+xnrrt)tt�. exacgttd-11��gt�itSnSd ty t�ru ��i"ati� doctaments tuid;iny pl&rmaa arta pnyrrmm b&& 044 4y ttte lit ddin'Laaurttrira`arn�i Cabttaat .'3,2 All bid# ire r�by Otv644 nr 31 t rtarr (alis to scud S ilati m of.4ward to Bidder u�F a r►tsp4i�ab}e, � � �Y �+"�d i^�,niatly ;psragnaph 5 heraaf� 4 0ayrttsnt tutrirt- atis gn,rd will 66 duo rutd p4pblo t* detac h of lcltter;srtd WT*in 309ilMdar days ufkr tgaipthy tAjodir u l:�"Nn'ttcn notice OrraltrmOwnr.;imwh �it�lx nauca";i l:l vE►rir to g rnb j�rctmptn�aes; z�ttwcyisrs this Aartd trrld jcr%t atn! ie j tdlrl q aarermt Ofthe aenauac+�u SYrp wsiWA trod c rE> uny sad trasrtid a or a�ssrrs� out vt~aay raYc� axtictn tea:€ tietit� r�fsw in wnttng hY Ciumtr and Oid ft pmviddd tttaL Ihr, tuba fnr issuing tlgth5aelftiwaed iftoluditns ekseaians shall nattst,tht~ i tre sKcrrQ t tj days t> aorr;Ut4 Duo Uxtc-without utt tyr°s *Vifter," r~irir�,ae; t tri �. 4j r �ucrn.thart tra ctsrrnn+ act cl tYndpr hi 604d prior ttr 30 calaruiat Yt off ttkt" ttPt �G ty dct#uh rcr}c UC ftrlMmph 4 abpva is racro�red b Stdtfr�r:utd S+utya art d to ns .rsr !#t=3s tltarr . Ainy viii ptaeGnq'txrttlat tl►,ynd shall ho tdt�il atttyitia a � u r, aI pprryaetrinti )trrisdic;iart.fcaca0 : hn the stag to ? th iii t'tA�sf to i�<tatarl; 1{. OW "'rod ha tndtrs�tailtea t�dmg 2ht4 dent to Bidder nsl Surety 0 th is r +sprrtive ldresses slu?wn on the trace of this ilund sSifb xtaiic be rpt 13y wal del vary. toitaatcfal eowicr or by0410 MOWA*� Unitact Stxt®s itaa�ia�s�d ar Gesti�caf t�#ailwtttucp rtes- tfaa Yon-itgs #y titrr POW r 9, ,Sutdty f l(, pee to AtE dlw tv this Fla►nd it CtitrCgt soot dtisetlVa i'oWer of �tttarxiry 604"Wing the tuthmity of the OXICcr, agcYit [�rMtirc�gti li;rGrvltg plc tired tieis.i9otadrm tkCh* #'of &arty ut illA , raa#ate + lr,r as z ti end biact ft Surety tUrcby. t 0, hi;: 84nd is it r a tad to Wi`wtm to All ,►w"le tnty rrlquirtxrtar►ts. MyAppitr;�tirtttttarttoCxny:,Tic�,lG iYca9;idc4 itaY�;.t � aft�at tl�la ar t�ag�r„ LE'Y�y,pYO;r�ie`�'! a�the " tett, a��ae�t�s�r�;;i} B�a2 �ir�s`att� at'iy ta}�ilirntb�a ptwapt YtC�iy �p1tC.abke Own 06 rdctud Etaeue r11►� tie o! t# is RYW that 4 661 lrl GaitdT t ►h t r aistall ce+� to �YSI :+fit .fit. 11. 'i'he tit "bid" tts used itncein inclur� a bid, tfi'et' ar pru�isat as rsppticab.c. Q q0 o A—ARPdq 4a o SUBDIVISION PLAT APPLICATION CITY of CAPE GIRARDEAU �"`•, DEVELOPMENT SERVICES DEPARTMENT, 401 INDEPENDENCE ST, CAPE GIRARDEAU, MO 63703 (573) 339-6327 Name of Subdivision Type of Plat: Preliminary, Record, or Boundary Adjustment Walden Park Phase 5 Applicant Property Owner of Record (if other than Applicant) Gerald Jones 21~ V%4,-5 I -C, Mailing Address City, State, Zip Mailing Address City, State, Zip 2832 Walden Blvd Cape Girardeau, MO 63701 Mok 4.961a " C'C0iV0W&&&.e, D G 37o I Telephone Email Telephone Email 573-270-1496 Gjones@joneslandmark.com :573_A70_/ -V%- a Contact Person (If Applicant is a Business or Organization) (Attach additional owners i rmation, if necessary) Gerald Jones Professional Engineer/Surveyor (if other than Applicant) Developer (if other than Applicant) Ryan Roth Mailing Address City, State, Zip Mailing Address City, State, Zip 194 Coker Lane Cape Girardeau, MO 63701 Telephone Email Telephone Email 573-335-3026 rroth@koehlerengineering.com ADDITIONAL ITEMS In addition to this completed application form, the following items must be submitted: REQUIRED Review Fee (payable to City of Cape Girardeau) Single -Family or Two -Family Residential: $20.00 per lot ($100.00 minimum) Multi -Family Residential: $20.00 per dwelling unit ($100.00 minimum) See Instructions for more Non -Residential : $20.00 per acre ($100.00 minimum) information. �/ Recording Fee Deposit (payable to City of Cape Girardeau) Sheet Size Record Plat Boundary Adjustment Plat 18" x 24" $44.00 $24.00 24" x 36" $69.00 $29.00 (The City reserves the right to issue a partial refund or collect an additional fee if the actual recording cost differs from the deposit amount) Two (2) full size prints of the plat V Digital file of the plat in ,pdf format (can be emailed) CERTIFICATION I hereby certify that I am the sole Property Owner of Record or an agent duly authorized by the Property Owner(s) of Record to file this application on their behalf. I acknowledge that plats for subdivisions involving public improvements will be held from City Council review until the improvements are completed and ready for acceptance by the City, or an escrow agreement for the improvements is executed. I further acknowledge that plats for subdivisions involving common land and/or elements require the submission of covenants and a deed ensuring the perpetual maintenance and supervision of the common land and/or elements by trustees prior to recording of the record plat. 02-10-2020 licant S,i'gneure and Printed Name Date OFFICE USE ONLY (D� Date Received & By 1 MUNIS Application No.q739 Planning & Zoning Commission Recommendation Date City Council Final Action Date �ZZ Revised 08/11/2016