HomeMy WebLinkAbout1996-018 - Agreement with Kenneth WittleseyBILL NO. 96-17
ORDINANCE NO. 96-18
AN ORDINANCE AUTHORIZING THE MAYOR OR CHAIRMAN OF THE BOARD OF
ALDERMEN TO EXECUTE AN AGREEMENT WITH KENNETH T. WHITTLESEY,
ATTACHED HERETO, AND MADE A PART OF THIS ORDINANCE AS THOUGH FULLY
SET OUT THEREIN.
BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF
RIVERSIDE, MISSOURI, AS FOLLOWS:
Section 1. The Mayor or the Chairman of the Board of
Aldermen is authorized by the City to execute on behalf of the
City, an agreement in which the City agrees to place two thousand
nine hundred dollars ($2,400) in escrow as part of an agreement to
provide access to High Drive from certain property owned by Kenneth
T. Whittlesey.
PASSED THIS ~ ~~ DAY OF ~~~Lfxh,~/_-----, 1996.
~zt~, l3.u/~e~l~i
Mayor Be y Burch
ATTEST:
Grace Kemerl City., erk
r/
APPROVED THIS ~ DAY OF
~J~-Z.Gc, OJ~cfhC~-
Mayor Be y Burch
~ t-~yL ____ , 1996.
~~
~,'
S1;TTLF.~IENT AGREFI~IEN1'
THIS AGREEIvfENT is entered into as of ~%'S~, 1996, by the City of Riverside,
Iv~lissouri ("City") and Kenneth T. Whittlesey ("Whittlesey").
RF,CITALS
.A. Whittlesey is the owner of rhF~ property described as Lots 29 and 29.001 in Tract
1, Northwood Acres Subdivision, Riverside, Missouri ("Property").
B. 1'he Property is bordered on the east by Hillside Drive and on the north by High
Drive.
C. The City has made improvements as set forth o^ Exhibit A to Hillside Drive
(collectively, "Lnprovements").
D. Whittlesey has alleged that the Lnprovements have adversely effected the
Property.
E. Without admitting or denying the allegations, the City desires to settle this matter
on the terms and conditions contained in this Agreement.
AGREEMENT
NOW, TIir.REFORE, in consideration of the foregoing and the mutual covenants and
promises contained herein, the parties agree as follows:
1. Payment of Settlement. The City agrees to pay to Whittlesey the sum of $2,900
for the release of the City fcom any and all damages to the Property due to the Improvements.
2. Release from Liability; Hold Harmless. Whittlesey releases, indemnify and
holds the City harmless from any and all costs, liabilities, expenses, claims, causes of action and
suits of any kind or nature whatsoever (other than the $2,900 set forth in Section 1), which may
now exist or which may in the future arise with respect to the Improvements' impact and/or
effect on the Property, including but not !+rnited to access to or from the Property and/or the
value of the Property.
3. Renresentatior~ and Warranties of Whittlesey. Whittlesey represents and
warrants that he is the sole owner of the Property and that no other person or entity has any
interest in the Property.
4. Survival The representations, warranties and covenants of the parties contained
in this Agreement shall survive execution and delivery of this Agreement.
U :1614\61492 V00002A W H ITT. STA
July I, 1996 - 438pm
~. Governing La~_v. This Agreement shall be governed by and construed in
accordance with the laws of Missouri.
6. Binding Effe~;t. This Agreement shall be binding upon and inure to the benefit
of the parties and their respective heirs, designees, representatives and assigns.
7. Counterparts. This Agreement may be executed in counterparts, each of which
shall be deemed an original and all of which, when taken together, shall constitute one and the
same urstrument.
8. ~rther Assurance. At tho request of any party, each party shall execute and
deliver such further instnuner.e~, documents, agreements, confirn~ations and assurances, as shall
be reasonably requested to im;~:r;ment the terms and provisions of this Agreement.
9. Entire Agr~~ment. This constitutes the entire agreement of the parties with
regard to the subject rnatter hereof, and may not be modified, altered or amended except in
writing signed by the party against whom enforcement of such modification, alteration or
amendment is sought.
10. Attorneys' )Fees. Each party shall pay their own attorneys' fees.
IN WITNESS WHEREOF, the parties have set their hands as of the day and year first
above written.
"CITY"
[SEAL]
/tGZ.~/ ~l'~~~c~G;
Grace Kemerlirig-~City Cler$~-
U:1G 14\0 l49''400(h)21wn1'IT.STA
July I, 1990 - -1:4~pm
CITY OF RIVERSIDE, MISSOURI
,~
..__ ~j ~
BY:
Rul ;Mayor
" WHITTLESEY"
.d
~~
Kenneth T. Whittlesey
2
STATE OF MISSOURI )
ss.
COUNTY OF Yr,n~t~~ri; )
On this ~ day of ~, 1996, before me appeared Ed Rule, to me
personally known, who being by me d" ly sworn, did say that he is the Mayor of the City of
Riverside, Missouri and that the seal affixed to the foregoing instnunent is the seal of said city
and that said instnJment was signed and sealed in behalf of said city by authority of its Board
of .~1lderpersons, and he acknowledged sai' instrument to be the free act and deed of said city.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal at
my office the day and year last above written.
My commission expires:
~-.~f-%%
STATE OF MISSOURI )
ss.
COUNTY OF Pr,n~rr~ )
mar/
otary Public,
On this v ~ day of ~~~ _ 1996, before me, a Notary Public, personally
appeared Kenneth T. Whittlesey, tom known to be the person described in and who executed
the foregoing instrument, and i~~knowledged that he executed the same. as his free act and deed.
IN TESTIMONY ~'V]_EREOF, I have hereunto set my hand and affixed my official seal
at my office the day and yeas last above written. //JJ
~!~ ~ ~~G~c~~~C
Notary Public
My commission expires:
~~~~-%~
u : X61 a~b I a92~oooo~~wnrrrs~r.~
July I, 1996 - 4:38pm 3
EXHIBIT "A"
INIYROVF.MENTS
(. Ons ~/~aC.~r~On
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U :A614V61492V00002A W H ITT. STA
Jul}' I, 199ti - 43Rpm