AN ORDINANCE AUTHORIZING THE CITY ADMINISTRATOR TO EXECUTE A

Transcription

1 mac Sponsored Mayor Moeller BILL NO ORDINANCE NO AN ORDINANCE AUTHORIZING THE CITY ADMINISTRATOR TO EXECUTE A SETTLEMENT AGREEMENT WITH WEST PINE LIMITED PARTNERSHIP AND W.K. INVESTMENT CORP. FOR THE SETTLEMENT OF THE CONDEMNATION CASE REGARDING PROPERTY LOCATED AT A DORSETT ROAD NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF MARYLAND HEIGHTS AS FOLLOWS: Section 1. The City Administrator, on behalf of the City, is authorized and directed to execute a Settlement Agreement, in substantial conformity with the attached" Exhibit A," incorporated by reference, with West Pine Limited Partnership and W.K. Investment Corp. for the settlement of the condemnation case regarding property located at A Dorsett Road in the City of Maryland Heights. Section 2. This Ordinance shall be in full force and effect from and after its passage and approval. PASSED BY THE CITY COUNCIL THIS 17" DAY OF MAY MAYOR/PRESIDING OFFICtR APPROVED BY THE MAYOR THIS 17-H, DAY OF MAY ATTEST: anapj CI CLERK C MAYUK Np H E/ Gy s O o OFF/CIAL S P. City of Maryland Heights Ordinance No Page 1 of 1

2 SETTLEMENT AGREEMENT AND RELEASE OF CLAIMS This SETTLEMENT AGREEMENT AND RELEASE OF CLAIMS (" Settlement Agreement") is made and entered into as of this 1-1 day of 2012, by, between and among the City of Maryland Heights, Missouri (" City"), West Pine Limited Partnership and W. K. Investment Corp. ( together" Owners"). RECITALS WHEREAS, a condemnation action was filed by City and against Owners in the Circuit Court of St. Louis County, Missouri styled City of Maryland Heights, Missouri v. West Pine Limited Partnership, et al., Cause No. 09SL-CCO3181 (" Condemnation Action"), whereby City sought to acquire from Owners an interest in certain property located at A Dorsett Road in St. Louis County, Missouri (" Subject Property") for purposes of a road improvement project known as the Progress Parkway proj ect; WHEREAS, the Commissioners' Report filed with the St. Louis County Circuit Court awarded the Owners $306, in damages, and such amount was paid by the City on April 3, 2009; WHEREAS, the parties now wish to fully and finally settle their differences and all disputes between them, without admission of liability and solely to avoid the additional cost and expense of litigation; WHEREAS, said settlement contemplates amendments to the Planned District Commercial (" PDC") Ordinance regulating the Subject Property and the adjacent property to the west owned by WH Capital, L.L.C. and Waffle House, Inc. (the" Adjacent Property"); and NOW, THEREFORE, in consideration of the mutual promises and covenants contained in this Settlement Agreement, the parties agree as follows: 1. Financial Consideration. In addition to the payment of the Commissioners' Award, City hereby agrees to pay to Owners the additional sum of Fifty Thousand 50, ) Dollars. Owners acknowledge receipt of the Commissioners Award. 2. Amendments to the PDC Ordinance. This Settlement Agreement is contingent on City Council approving an amended PDC Ordinance that( a) includes the planned district conditions attached hereto as Exhibit 1; and( b) eliminates the requirement for consent by the owner of the Adjacent Property when requesting future modifications to the PDC Ordinance. 3. Consent to Modifications of the PDC Ordinance That Affect The Adjacent Property. Provided that the owners of the Adjacent Property provide reciprocal consent to the amendments noted in Paragraph 2, the Owners hereby consent to any request for

3 amendments or modifications to the PDC Ordinance that are requested by the Adjacent Property owner and are agreed to by the City. 4. Release. Owners, their owners, officers, directors, agents, employees, successors and assigns do hereby remise, release and forever discharge City, their respective officers, directors, agents, and employees, successors and assigns, of and from all claims, debts, demands, damages, actions, causes of action, agreements, promises and all liabilities of any kind or nature whatsoever, at law, in equity or otherwise, whether known or unknown, whether asserted or unasserted, which Owners had or have arising out of or in connection with the Subject Property or Condemnation Action. This Release does not release or discharge any obligations of City to Owners or any claim by Owners arising out of or relating to this Settlement Agreement. 5. Release. City, its Mayor, City Council, agents, employees, successors and assigns do hereby remise, release and forever discharge Owners, their respective officers, directors, agents, and employees, successors and assigns, of and from all claims, debts, demands, damages, actions, causes of action, agreements, promises and all liabilities of any kind or nature whatsoever, at law, in equity or otherwise, whether known or unknown, whether asserted or unasserted, which City had or has arising out of or in connection with the Subject Property or the Condemnation Action, excluding only existing code violations. This Release does not release or discharge any obligations of Owners to City or any claim by City arising out of or relating to this Settlement Agreement. 6. Dismissal of Exceptions to the Condemnation Action. Promptly following execution of this Settlement Agreement, payment of the sums due hereunder and approval by City Council of an Amended PDC Ordinance in substantial conformity with Exhibit 1, City' s counsel and Owners' counsel shall sign and file with the Circuit Court a Joint Dismissal With Prejudice regarding this Condemnation and similar to the joint dismissal form attached hereto as Exhibit 2, with each party to bear their own costs of the litigation. 7. Recording Extinguishment of Cross-Access Easement. The City represents and acknowledges that it shall prepare and file with the St. Louis County Recorders Office a transfer of title to and extinguishment of the cross- access easement over the Waffle House and Owners' property as prayed for in City' s Amended Petition in Eminent Domain. Owners shall cooperate in preparing and executing all documents necessary to that effect. 8. Arms- Length Agreement. The Settlement Agreement represents a compromise and settlement of pending disputes between the parties and is entered into following anus- length negotiations. All parties are represented by counsel. Each party has read this Settlement Agreement and Release of Claims carefully and completely and has not been influenced to any extent whatsoever by any representations or statements made by the other party or their agents or attorneys other than those contained in this Settlement Agreement. 2

4 9. Integration. This Settlement Agreement and Release of Claims, together with the exhibits hereto, contain the full and integrated statement of each and every term and provision agreed to by, between and among the parties, and supersedes any prior writings or agreements of any nature. This Settlement Agreement shall not be orally modified in any respect and can be modified only by the written agreement of the parties hereto. 10. Governing Law. This Settlement Agreement shall be governed by and construed under the laws of the State of Missouri as to all matters. IN WITNESS WHEREOF, the parties have executed this Settlement Agreement and Release of Claims on this 1! 7 day of CITY OF MARYLAND HEIGHTS, MISSOURI Mic ael Moeller Mayor of the City of Maryland Heights On this day of 2012, before me personally appeared Michael Moeller, to me personally kn, who, being by me duly sworn, did say that he is Mayor of the City of Maryland Heights, Missouri and that the foregoing instrument was signed on behalf of said entity, by authority of its City Council; and further acknowledged said instrument to be the free act and deed of said entity. official seal in the City and State aforesaid, the day and year first above written. 3I Y 13 JoAnn M. Cova Notary Public-Notary Seal St. Charles County-Staff of Missouri March 11, 2013 Commission # No 4MMP- dw L- Public GU4, 3

5 WEST PINE LIMITED PARTNERSHIP Verena Saunders On this day of 2012, before me personally appeared Verena Saunders, to me personally known, who, being by me duly sworn, did say that she is the of West Pine Limited Partnership and that the foregoing instrument was signed on behalf of said entity; and further acknowledged said instrument to be the free act and deed of said entity. official seal in the County and State aforesaid, the day and year first above written. Notary Public W.K. INVESTMENT CORP. Werner Kugler On this day of 2012, before me personally appeared, Werner Kugler to me personally known, who, being by me duly sworn, did say that he is the of W.K. Investment Corp., and that the foregoing instrument was signed on behalf of said entity; and further acknowledged said instrument to be the free act and deed of said entity. official seal in the City and State aforesaid, the day and year first above written. Notary Public 4