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HomeMy WebLinkAbout2003-089 - Agreement with L. and P. Gromer Regarding Acquisition of PropertyBILL NO. 2003-89 ORDINANCE NO. 2003-89 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BY AND BETWEEN THE CITY OF RIVERSIDE, MISSOURI AND LARRY AND PATSY GROMER REGARDING THE ACQUISITION OF CERTAIN PROPERTY THROUGH EMINENT DOMAIN WHEREAS, the City of Riverside, Missouri (the "City") is currently planning the construction of certain roadway improvements and expansions to and of NW Gateway Drive in the City (the "Project'); and WHEREAS, as part of the Project and for the additional purpose of constructing a public park, the City desires to acquire the property located at 4502 NW Gateway (the "Property") from the owners, Larry and Patsy Grower; and WHEREAS, the acquisition of the Property is the subject of an eminent domain suit before the Platte County Circuit, Case No. 02CV83836, as well as two other suits; and WHEREAS, the City and the Growers have reached an agreement regarding acquisition of the Property and the resolution of all actions related thereto. NOW, THEREFORE, be it ordained by the Board of Aldermen of the City of Riverside, Missouri, as follows: Section 1. The City of Riverside shall enter into a settle agreement with Larry and Patsy Gromcr regarding the acquisition of the Property located at 4502 NW Gateway and resolving all actions related thereto (the "Agreement'). Section 2. The execution and delivery of the Agreement is approved, and the Mayor is authorized to execute the Agreement and to take such other actions reasonably necessary to carry out the intent of this Ordinance on behalf of the City, the execution of the Agreement being conclusive evidence of such approval. Section 3. This Ordinance shall be in full force and effect from and after its passage and approval. Passed this 16th day of September, 2003. ~~~ ~ Mayor -~ ~~ ~ ATTF,~4T .- -, ~, ,, City Clerk BILL N0. 2003-89 ORDINANCE NO. 2003-89 AN ORDINANCE AUTHORIZING THE MAYOR TO E~ECIITE AN AGREEMENT BY AND BETWEEN THE CITY OF RIVERSIDE, MISSOURI AND LARRY AND PATSY GROMER REGARDING THE ACQUISITION OF CERTAIN PROPERTY THROUGH EMINENT DOMAIN WHEREAS, the City of Riverside, Missouri (the "City") is currently planning the construction of certain roadway improvements and expansions to and of NW Gateway Drive in the City (the "Project'); and WHEREAS, as part of the Project and for the additional purpose of constructing a public park, the City desires to acquire the property located at 4502 NW Gateway (the "Property") from the owners, Larry and Patsy Cromer; and WHEREAS, the acquisition of the Property is the subject of an eminent domain suit before the Platte County Circuit, Case No. 02CV83836, as well as two other suits; and WHEREAS, the City and the Gromers have reached an agreement regarding acquisition of the Property and the resolution of all actions related thereto. NOW, THEREFORE, be it ordained by the Board of Aldermen of the City of Riverside, Missouri, as follows: Section 1. The City of Riverside shall enter into a settle agreement with Larry and Patsy Cromer regarding the acquisition of the Property located at 4502 NW Gateway and resolving all actions related thereto (the "Agreement'). Section 2. The execution and delivery of the Agreement is approved, and the Mayor is authorized to execute the Agreement and to take such other actions reasonably necessary to carry out the intent of this Ordinance on behalf of the City, the execution of the Agreement being conclusive evidence of such approval. Section 3. This Ordinance shall be in full force and effect from and after its passage and approval. Passed this 16th day of September, 2003 .f~E ll~ f~~~ ~ ~s~ Mayor TT ~ ~ ~ ~ ., ;~ i ~'~C~ Clerk ~~~~-~ ~ ~~~ c S~ SETTLEMENT AGREEMENT ~C TEiTS SETTLEMENT AGREEMENT ie made and entered into as of the 13th day of A,ug~st, 2003, by and among the City of Riverside, Missouri, a fourth class city (the. "City") and Larry Cromer and Patsy Cromer, husband and wife (collectively, the "Gromers'~. WHEREAS, The Groaners owe property located at 4502 Northwest Gateway, Riverside, Missouri (the "Froperty"); and WHEREAS, the City has initiated a proceeding in con.demnatian with regard to the Property entitled City of Riverside, Missouri vs. Larry E. and Patsy Cromer, Case No. 02CV83836, in the Circuit Court of Platte County, Missouri-Division II (t~~ "~ teat Domain Action"); and >.,;:. ~1 WHEREAS, the Commissioners' Report has bee ~ ~ 1 ~~ 'ourt in the Eminent Domain Action, and such Commissioners Rt ~ ~ es for the taking at $300,000.00 (the "Commissioners' Award"); an. e~ `~ ~~ WHEREAS, the City and the Gromers are parties / l~ ~ J Gromers nd Pats Grorner v. City of A U" ~~ _..., ~;ase No. entitled Larry Cromer a y 02CV84866, in the Circuit Court of Platte County, Misso _ ~ m which the Gromers assert certain inverse condemnation and 42 USC § 1983 .,~atms (the "Inverse Condemnation Action"); and WI3lrREAS, the City and Larry Cromer are parties to an action initiated by Larry Cromer entitled State of Missouri ex rel. Larry Cromer v. Board of Zoning At{~ustme-et of the City of Riverside, Missouri, et al., Case No. 02CV82950, in the Circuit Court of Platte County, Missouri-Division II, in which Larry Cromer seeks review of a decision of the Riverside Board of Zoning Adjustment (the `BZA Action"); and WHEREAS, the parties hereto desire a settlement of all possible Maims against each other, their attorneys and agents, relating to the Property and the Inverse Condemnation Action, and dismiss the Inverse Condemnation Action and the BZA Action; NOW, THEREFORE, in consideration of the foregoing and the mutual covenants and promises given pursuant to this Settlement Agreement, the parties hereto hereby agree as follows; 1, The City hereby agrees that within thin 30 days of the date first written above, it shall pay into court the Commissioners' Award of $300,000.00. 2, The City hereby agroes that within thin 30 days of the date first written above, it shall pay to Larry acid Patsy Crromor the total amount of $6,000.00 in exchange for the consideration described at Sections 4, 5, 6 and 7 hereof. 1 EB 39t1d ~I~/IOlS B ~iNdHS NNf1J BL9Eb9b9Z8 8Z ~5Z E99Z/zT/6B 3. The City and the Gromers hereby agree that the Gromers shall vacate the Property, and remove all personal property, chattel, equipment, trash, refuse, debris, chemicals, liquids and containers, holding or which held the same, and other itQ~s from the Propertyrvecithira- si a ov~ [r~ ~ o V , 1 t ~II 43 . ~~' 4. Upon the full execution hereof, the City and the l.3romers shall file a joint stipulation for dismissal with prejudice of the Yrrverse Condemnation Action and the BZA Action. 5. Each party hereto agrees that upon full execution hereof, they will dismiss, with prejudice, any and all exceptions to the Commissioners' Award in the Commissioners' Report which have .been filed, and do hereby waive their rights, collectively and individually, to file any other exceptions. 6. The Gromers do hereby agree that they will not and shall net file, seek or pursue relocation assistance or benefits from the City, and do hereby waive their rights, collectively and individually, to do so. 7. The Grom'ers do hereby fully release, acquit, and discharge the City, its agents, officers, employees, representatives, successors and assigns, from any and all liability, claims, causes of action, suits, debts, bonds, bills, covenants, contracts, damages, punitive damages, judgments, executions, injuries, losses, costs, compensation, attorneys' fees, actions, duties, responsibilities, expenses or demands of any kind whatsoever, in law or in equity, which the Crromers or their heirs, executors, administrators, successors, or assigns, ever had, may have had or may in the future have, known or unknown, foreseen or unforeseen, arising or which may hereafter arise from claims, injuries and/or damages as a result of or in any way connected with the Property or the businesses or actions taking place or which have taken place thereon. 8. The City does hereby fully release, acquit, and discharge the Growers, their agents, officers, employees, representatives, successors and assigns, from any and all liability, claims, causes of action, suits, debts, bonds, bills, covenants, contracts, damages, punitive damages, judgments, executions, injuries, losses, costs, compensation, attorneys' fees, actions, dories, responsibilities, expenses or demands of any kind whatsoever, in law or in equity, which the City or its administrators, successors, or assigns, ever had, may have had or may in the future have, known or unknown, foreseen or unforeseen, arising or which may hereafter arise from claims, injuries and/or damages as a result of or in any way connected with the Property or the businesses or actions taking place or which have taken place thereon prior to the date of this Agreement, or the Inverse Conderrrnation Action, except notwithstanding any other provision of this Agreement to the contrary, nothing in this Agreement shall be construed so as to release, acquit or discharge the Growers in any manner whatsoever from any act which would constitute a violation of any criminal statute of the State of Missouri. The parties agree that the City of Riverside has no jurisdiction or authority to release the liromers fibm any claims brought by any State or p'ederal agency. Flrrther, neither party shall initiate, report nor direct others to report a claim with. or provide 1nYormation ta, any State of Federal agency concerning any alleged environmental contamination concerning the Property, except as repnlred b~y 1aw.• C:\WtNboW S~TEMP\COmpere Oromer Sotdemeat Agrea~zuni Z mflectiug iSml changes (K0345046).DOC bR ~e1Hri N~nni~ 'R )iNHHG NNnCI i2/9FbGb9TR 9T :GT FRR7./7T/FR 9. This Agreement shall not constitute an admission of liability or fault by any of the parties, 10. Th© parties hereto agroo that this Agreement contemplates further actions by each party and that each party shall execute and deliver such further instruments and documents, and shall do such further acts and things, as may be raquirod to carry out the intent and purpose of this Agreement. 11. The releases given by the patties shall not apply to a breach of this Agreement, which shall be fully enforced. All remedies at law or in equity shall be available for the enforcement of any claims arising from the breach of this Agreement. The laws of the State of Missouri shall govern the interpretation and enforcement of this Agreement. 12. The Parties hereto expressly agree that this Agreement supersedes and replaces all other agreements or understandings between the parties and that it constitutes the entire agreement between the parties. The terms and provisions of the Agreement are contractual and not mere recitals, Further, the parties agree that this Agreement may not be modified, changed, or amended in any way except by a written amendment signed by all parties. 13. This Agreement maybe executed in mulfiple counterparts and each executed counterpart shall be ddemed an original of this Agreement. 14. The parties agree that this Agreement may be transmitted between them by facsimile machine. The parties intend that Faxed signatures constitute original signatures and that a faxed agreement containing the signatures (original or faxed) of all the parties is binding on the parties, IN WITNESS WH)rFtEOF, this Settlement Agreement has been executed the day and year first above written. The City of Riverside, Missoarl (the "City") ,B .~ Print Name: ~E>t U ~a. 2t-h Title: ~~. ti o ai Larry and Patsy Grower (the "Crromers") Larry Crr mer C•.\W INbOWS~TPMP~o~ere GromeY SOGlement A~eamont 3 nfleoting final changes (K034504B).DOC rn 7C1HJ v7nnic »1 ~ANHI-1~ I.Il.lf~il RJ 9~bCb9 TR 9T:CT F'RR7./7.L/FR r/ Patsy Gromer C:\WIIVDOWS\TBMP\Co~en Orotner3aulvncntAgteament reflecting final olmn8ec (KD3A5048).bOC on 7ClHJ ~~nnic ~ ~atiHU~ Nrvnn R/9fb~b9L8 9L~5Z E9QZ/ZT/68