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
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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 �,�
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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
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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
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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