HomeMy WebLinkAboutRes.2792.12-02-2013BILL NO. 13-167
RESOLUTION NO. c �?/'A: �?
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE A LICENSE AND INDEMNITY AGREEMENT
WITH MICHAEL J. JESSUP, FOR IMPROVEMENTS ON
THE MERRIWETHER STREET RIGHT-OF-WAY, 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 Michael J.
Jessup, for improvements on the Merriwether Street_ right-of-way,
in the City of Cape Girardeau, Missouri. The Agreement shall be
in substantially the form attached hereto as Exhibit A, which
document is hereby approved by the City Council, with such
changes therein as shall be approved by the officers of the City
executing the same.
PASSED AND ADOPTED THIS DAY OF �, 2013.
Harry E. Rediger, Mayor
ATTEST:
'S +
Iy( �
Gayle . Conrad,Cit y Clerk
✓ _<. <
h T IC'
LICENSE AND INDEMNITY AGREEMENT
In consideration of the City Council of the City of Cape Girardeau, Missouri, hereinafter known as
"City", granting Michael J. Jessup, hereinafter known as "Licensee", permission to place certain
improvements and conduct certain activities on City property which is located in the Merriwether Street
right of way adjacent to the property at 80 South Plaza Way in the City and County of Cape Girardeau,
Missouri, the parties hereto state as follows:
1. The City of Cape Girardeau, Missouri, hereby grants to Licensee a license to place certain
improvements, to -wit:
A. A privacy fence, not to exceed seven and one-half (7 ''/2) feet in height, on the north side of
Merriwether Street, the general location of which is depicted in Exhibit A.
B. A privacy fence, not to exceed eight (8) feet in height, on the north side of Merriwether Street,
the general location of which is depicted in Exhibit A.
2. Licensees, and their successors, heirs and assigns all agree as follows:
A. They shall comply with the following requirements as a condition of the issuance of this
license:
1. -A fence permit shall be obtained from the City prior to the installation of the fences.
2. The fences shall not contain barbed wire, razor wire, or similar material containing sharp
points or edges.
3. The fences shall be properly maintained at all times.
B. 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 property.
C. 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 or the conduct of such activities.
D. 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 property.
Page ] of 4
E. 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.
F. That they will not maintain on the property any hazardous or toxic waste or substances, as
defined under all applicable federal, state and local environmental laws, including, but not
limited to; hazardous waste as defined in the Resource Conservation and Recovery Act of
1976 as amended ("RCRA"), hazardous substances as defined in the Comprehensive
Environmental Response Compensation and Liability Act as amended ("CERCLA") and toxic
substances as defined in the Toxic Substances Control Act as amended ("TSCA"). Any
operations on the property shall not be in violation of any laws, regulations, ordinances,
statutes, orders or decrees of any govermnental body, arbitration tribunal or court, including,
without limitation, RCRA, CERCLA, TSCA and all regulations thereunder. There shall be
no conduct of business on the property which constitutes a violation of Environmental Laws
or any other laws, regulations, ordinances, statutes, order or decrees of any governmental
body.
G. Nothing in this agreement, nor actions of the City in granting permission to place said
improvements or conduct said activities on the property, shall be construed to give the
Licensee any irrevocable rights to keep said improvements or continue said activities on the
property. The City reserves the right to terminate this agreement, and to order the removal of
said improvements and/or the cessation of said activities in the future at the cost of Licensees,
their successors and assigns, should the City Manager determine this to be in the best interest
of the City. In such event, Licensees, or their successors and assigns, agree to remove said
improvements and to cease said activities within thirty (30) days of notice. Should Licensees,
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 Licensees, 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. If the Licensee fails to pay
for any costs incurred by the City for such repairs or alterations, the City may issue tax bills
which shall become a lien against the land owned by the Licensee.
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 RSSR EREOF, the parties hereto have caused this agreement to be executed this art
day of / O p C Gr , 2013.
Page 2 of 4
STATE OF MISSOURI
ss.
COUNTY OF CAPE GIRARDEAU
Michael J. Jessup
BE IT REMEMBERED, that on this 13 day of VW , 2073, before me, the
undersigned notary public, personally appeared Michael J. Jessup, known to me to be the person whose
name is subscribed to the within instrument, and acknowledged that he executed the same for the
purposes stated therein.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the date last
above written.
Notary Public
My Commission Expires:
Page 3 of 4
CAROL A. PETERS
=o.• "••Gr"
MyComnlss E)iras
NOiNtt. „-
November 13, 2016
;y',s
Cape Girardeau County
•OFM
Commission#12684121
,•'
Page 3 of 4
Scott A. Meyer, City Manager
City of Cape Girardeau, Missouri
ATTEST:
Gayle L. Conrad, City Clerk
City of Cape Girardeau, Missouri
STATE OF MISSOURI )
ss.
COUNTY OF CAPE GIRARDEAU )
BE IT REMEMBERED, that on this day of , 2013, before me, the
undersigned notary public, personally appeared Scott A. Meyer, 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 within instrument is the seal of said City, and that 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 WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the date last
above written.
My Commission Expires:
Notary Public
Page 4 of 4
Itllllllilllfl'4ill
2013-15611
SCOTT R CLARK
RECORDER OF DEEDS
CAPE D�Td�:� R DEAU COUNTY, MO
RECORDED ON
12g13T2cr 3:03 PM
REC EES: 39,00
PAGES: 6
Title of Document: License and Indemnity Agreement
Date of Document: November 13, 2013
Grantor(s) Name & Address: City of Cape Girardeau
4011ndependence
Cape Girardeau, MO 63703
Grantee(s) Name & Address: Michael J. Jessup
80 South Plaza Way
Cape Girardeau, MO 63701
Legal Description: 80 South Plaza Way
Part of Lot 21 & 23 and all of Lot 22 of R. Sturdivant's Subdivision
of Out Lots No. 58-59 & 81 and Part of 60 of the City of Cape
Girardeau
Reference Book & Page, if Required: Recorded December 7, 1910
in( tl011 hiiii IN 111 11 lol l\I;ill awmat ammimm
In consideration of the City Council of the City of Cape Girardeau, Missouri, hereinafter known as
"City", granting Michael J. Jessup, hereinafter known as "Licensee", permission to place certain
improvements and conduct certain activities on City property which is located in the Merriwether Street
right of way adjacent to the property at 80 South Plaza Way in the City and County of Cape Girardeau,
Missouri, the parties hereto state as follows:
1. The City of Cape Girardeau, Missouri, hereby grants to Licensee a license to place certain
improvements, to -wit:
A. A privacy fence, not to exceed seven and one-half (7 ''/2) feet in height, on the north side of
Merriwether Street, the general location of which is depicted in Exhibit A.
B. A privacy fence, not to exceed eight (8) feet in height, on the north side of Merriwether Street,
the general location of which is depicted in Exhibit A.
2. Licensees, and their successors, heirs and assigns all agree as follows:
A. They shall comply with the following requirements as a condition of the issuance of this
license:
1. A fence permit shall be obtained from the City prior to the installation of the fences.
2. The fences shall not contain barbed wire, razor wire, or similar material containing sharp
points or edges.
3. The fences shall be properly maintained at all times.
B. 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 property.
C. 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 or the conduct of such activities.
D. 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 property.
Pagel of 4
E. 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.
F. That they will not maintain on the property any hazardous or toxic waste or substances, as
defined under all applicable federal, state and local environmental laws, including, but not
limited to, hazardous waste as defined in the Resource Conservation and Recovery Act of
1976 as amended ("RCRA"), hazardous substances as defined in the Comprehensive
Environmental Response Compensation and Liability Act as amended ("CERCLA") and toxic
substances as defined in the Toxic Substances Control Act as amended ("TSCA"). Any
operations on the property shall not be in violation of any laws, regulations, ordinances,
statutes, orders or decrees of any governmental body, arbitration tribunal or court, including,
without limitation, RCRA, CERCLA, TSCA and all regulations thereunder. There shall be
no conduct of business on the property which constitutes a violation of Environmental Laws
or any other laws, regulations, ordinances, statutes, order or decrees of any governmental
body.
G. Nothing in this agreement, nor actions of the City in granting permission to place said
improvements or conduct said activities on the property, shall be construed to give the
Licensee any irrevocable rights to keep said improvements or continue said activities on the
property. The City reserves the right to terminate this agreement, and to order the removal of
said improvements and/or the cessation of said activities in the future at the cost of Licensees,
their successors and assigns, should the City Manager determine this to be in the best interest
of the City. In such event, Licensees, or their successors and assigns, agree to remove said
improvements and to cease said activities within thirty (30) days of notice. Should Licensees,
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 Licensees, 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. If the Licensee fails to pay
for any costs incurred by the City for such repairs or alterations, the City may issue tax bills
which shall become a lien against the land owned by the Licensee.
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 ESSREOF, the parties hereto have caused this agreement to be executed this / !rt
day of ® P`f e�, 2013.
Page 2 of 4
c
Michael J. Jessup
STATE OF MISSOURI )
) ss.
COUNTY OF CAPE GIRARDEAU )
BE IT REMEMBERED, that on this 1-3 day of 1/ t , 2013, before me, the
undersigned notary public, personally appeared Michael J. Jessup, known to me to be the person whose
name is subscribed to the within instrument, and acknowledged that he executed the same for the
purposes stated therein.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the date last
above written.
f.
Notary Public
My Commission Expires:
i
y pie.
CAROL A. PETERS
=o.•••"•G�;;
NOTARY
My Commission Expires
: : , -
November 19, 2016
z 01%. SEAL
Cape Girardeau County
Commission#12684121
Page 3 of 4
'I
ATTEST:
Gayle L'(onrad, City Clerk
City of Cape Girardeau, Missouri
STATE OF MISSOURI )
) ss.
COUNTY OF CAPE GIRARDEAU )
ScottA. Me er, City Manager
/ City bf-C pe Girardeau, Missouri
BE IT REMEMBERED, that on this' ti da of °t_ 7�'
y & ,� f i" 2013 before me, the
undersigned notary public, personally appeared Scott A. Meyer, 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 within instrument is the seal of said City, and that 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 WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the date last
above written.
My Commission Expires:
gis?Vi,34VI..kh(' Fi 1, 20rh7'
(.1- LCL
Notary Public
Page 4 of 4
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LICENSE & INDEMNITY
EXHIBIT A
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City of Cape Girardeau N
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GIS Data W E
October 2, 2013 S