HomeMy WebLinkAboutRes.2756.05-06-2013BILL NO. 13-65 RESOLUTION NO. �-'? 7 4'
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE A LICENSE AND INDEMNITY AGREEMENT
WITH RICK WERNER, FOR PROPERTY LOCATED AT 36
NORTH SPANISH STREET, IN THE CITY OF CAPE
GIRARDEAU, MISSOURI
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE
GIRARDEAU, MISSOURI, AS FOLLOWS:
ARTICLE 1. The City Manager, for and on behalf of the City
of Cape Girardeau, Missouri, is hereby authorized to execute a
License and Indemnity Agreement with Rick Werner concerning a
right-of-way adjacent to 36 North Spanish Street, in the City of
Cape Girardeau, Missouri. A copy of said License and Indemnity
Agreement is attached to this Resolution and madf a part hereof.
PASSED AND ADOPTED THIS DAY OF , 2013.
arry E Rediger, Mayor
'LICENSE AND INDEMNITY AGREEMENT
In consideration of the City Council of the City of Cape Girardeau, Missouri,
granting Rick Wexner, permission to place certain improvements and conduct certain
activities on City property which is located at 36 N. Spanish in the City of Cape Girardeau,
Missouri, Cape Girardeau County, Missouri, the parties hereto state as follows:
The City of Cape Girardeau, Missouri, hereby grants to Rick Werner a license to
place certain improvements to -wit:
The rear of the building contains the exit door for the required second exit for
the means of egress from the building. The building abuts an alleyway that starts
from Themis Street, and this alleyway is City right-of-way. This exit door is
higher than the ground level and requires a stairway in the alley. This stairs will
still allow for passage of vehicles.
2. Licensees, and their successors, heirs and assigns all agree as follows:
A. That they will assume all risk of personal injury or death and property
damage or loss from whatever causes arising while any person approaches,
enters, uses or leaves the aforementioned property, which may occur directly
or indirectly from the placing of said improvements or the conduct of such
activities on City right-of-way.
B. That they do hereby release the City of Cape Girardeau, its officers,
employees, agents, servants and assigns from any liability which might occur
from the placing or use of such improvements.
C. That they will indemnify and hold harmless the City of Cape Girardeau, its
officers, employees, agents and servants from all suits and actions of every
name and description brought against the City, its officers, employees, agents
and servants for or on account of any injuries or damages received or
sustained by any parties or alleged to be received or sustained by any parties
or party which may result directly or indirectly from the placing or use of
said improvement or the conduct of such activities on City right-of-way.
D. That they will keep said improvements which are placed on the City property
in a state of good repair and will cooperate with the City by making
necessary repairs as requested by the City so as to protect the health and
safety of the Citizens.
D. Nothing in this agreement or actions of the City in granting permission to
place said improvements on the described right-of-way shall be construed to
give them any irrevocable tights to keep said improvements on such right-of-
way. The city Council reserves the right to order the removal and cause said
improvements to be removed in the future at the cost of them and their
successors and assigns, should the City Council determine this to be in the
best interest of the City. In such event, they or their successors and assigns,
agree to remove said improvements within thirty (30) days of notice. Should
they or their successors, heirs or assigns fail to comply with any of the terms
of this agreement, the City of Cape Girardeau reserves the right to make any
repairs or alterations deemed necessary by the City of Cape Girardeau by
giving them or their successors, heirs or assigns, thirty (30) days notice and
such persons, successors, heirs or assigns hereby agree that they will pay for
any costs incurred by the City for such repairs or alterations and upon their
failure to pay such costs the City may issue tax bills which shall become a lien
against the land now owned by them.
F. The following supplemental conditions shall apply:
(1). Approval shall be conditional. If for any reason the placement of these
stairs continues to cause additional problems the City shall have the right
to effect the removal of same.
(2). Stairs axe to be removed during non -business hours.
(3). If a building permit application and accompanying drawings are
subtrtted for this property address in the future, the City shall have the
right to require the construction of interior stairs if a second means of
egress is required for the proposed use under the currently adopted
building code.
3. This license and the covenants herein contained shall run with the land and inure
to and be binding upon the successors, heirs and assigns of the respective
parties.
IN WI"FNTESS WHEREO the artics hereto have caused this agreement to be
executed this day of / 12013.
Pro erty Owner
Scott Meyer, City Manager
ATTEST:
Gayle L. Conrad City Clerk
STATE OF MISSOURI )
) SS
COUNTY OF CAPE GIRARDEAU )
On this _41A—
�day of e54 , 2013, before me appeared Scott
Meyer, to me personally known, who, 'being by me duly sworn, did say that he is the City
Manager of the City of Cape Girardeau, Missouri, a Municipal Corporation of the State of
Missouri, and that the seal affixed to the foregoing instrument is the seal of said city and
that the said instrument was signed and sealed on behalf of said City by authority of its
City Council and acknowledged said instrument to be the free act and deed of said City.
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.
My Commission Expires:
STATE OF MISSOURI )
) ss.
COUNTY OF CAPE GIRARDEAU )
O s -) day of 6�N--L , 2013, before me personally
appeared ea( Lu . W e r, r , to me known to be the person described in
and who executed the foregoing instrument, and acknowledged that he executed the same as
his free act and deed.
In Testimony Whereof, I have hereunto set my hand and affixed my official seal at
my office in said County and State the day and year first above written.
My Commission Expires: S-1 `1-1 ie
SELINDp JONES
Nufary Publlc - Nomry Seal
Slate of Mlsaourl
Commbaloned to Cape 6lrardeau Coumy
My Commiselon E�yires: 74 2078
CommtaeWn Numtier, 12 fq
[Typed Name of Notary Public]
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CITY Ot CAPE GIRARDEAU
DEVELOPMENT SERVICES
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CITY Of CAPE GIRARDEAU
DEVELOPMENT SERVICES
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