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Home My WebLink AboutRes.2839.09-22-2014BILL NO. 19-196 RESOLUTION NO A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AND INDEMNITY AGREEMENT WITH LONESTAR INDUSTRIES, INC., D/B/A BUZZI UNICEM USA, FOR IMPROVEMENTS WITHIN THE SOUTH SPRIGG 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 Lonestar Industries, Inc., d/b/a Buzzi Unicem USA, for improvements within the South Sprigg right-of-way, in the City of Cape Girardeau, Missouri. A copy of said License and Indemnity Agreement is attached to this Resolution and made a part hereof. PASSED AND ADOPTED THIS u�1�AY OF 1:_4Y\ Q�2019. ATTEST: Gayl L. Conrad, City Clerk hLzz�_ Harry E. F2ediger, Mayor LICENSE AND INDEMNITY AGREEMENT In consideration of the City Council of the City of Cape Girardeau, Missouri, hereinafter known as 'City, granting the Lonestar Industries, Inc. d/b/a Buzzi Unicem USA, hereinafter known as 'Licensee', permission to place certain improvements and conduct certain activities on City property which is located adjacent to 2524 South Sprigg Street in the City of Cape Girardeau, Missouri, Cape Girardeau County, 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: The installation of a two (2) inch septic system lateral within the right-of-way of South Sprigg Street, as shown in Exhibit A, attached. 2. Licensee, 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 property. 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 or the conduct of such activities. 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 property. 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. E. 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. F. Nothing in this agreement or actions of the City in granting permission to place said improvements or conduct of such activities on the described property shall be construed to give the Licensee, any irrevocable rights to keep said improvements or activities on such property. The City Council 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 Council 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 such 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. P.k�y,n�I:cmss h Wsua/�F4ai Qcu,! lice h lodmuq.l�¢vR¢Lc IN WITNESS WHEREOF, the parties hereto h e caused is agree t to be executed this, f 2014. TTyy city A ST: '17✓twL �e Gayle Conrad City C Vrk STATE OF MISSOURI ) �t )ss. COUNTY OF CAPE GIRARDEAU ) On this 0 � day of 2014, before me appeared Scott A. 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�� litllgqQty and State the day and year first above written. \\��o�ONpp1.ANCgsTF 5�'•a\SSION ZE tp�_A 23.x,0.09 [Typed Name of Notary Public] z2: NOTARY SEAL �- My Com issi n %Expires: :��:. 0 0� •:�� ks� 99y'•.` 11 '�� iq�eC1C,STA��t�� TAR DUSTRIES C. d/b/a ZI UNIC�MrIs��! a S/Iggatur 1'U! 65iweo VC��S� CJr Printed Name and Title STATE OF MISSOURI ) )ss. COUNTY OF CAPE GIRARDEAU ) BE IT REMEMBERED, That on this. C1 —day of , 201q'before me,the undersigned, a Notary Public in and for the County and State aforesaid, came 14N Sie-ge. le.ils& , to me personally known,who, being by me duly sworn, did state that he is the of the Lonestar Industries, Inc, d/b/a Buzzi Unicem USA, and that said instrument was signed in behalf of We corporation for the consideration stated therein and no other, and said K01 acknowledged said instrument to be the free act and deed of the corporation. In Testimony Whereof, I have hereunto set my han nd affixed y official peal at my office in said County and State the day and year first above written. [Typed Name of Notary Public] My Commission Expires: ai®its- SARA H JENKINS R\Acquisition\License&Indemnity\Buzzi Qu—y U—se&Ind—ity Agreement.doc Notary Public, Notary Seal 09/03/14 State of Missouri Cope Girardeau county commission # 11325332 My commission Expires October 23, 2015 iii fait �rpl ��I��ii i�i 6 ifjjI€I°ilift t ( ia i' aiif i a]i ij f [i1i �td €i if •u �j � f€€ f� if 21 Ea¢� 2 t°� ��f �€ € i€• t a��. dal �. 777j... fg I i ff IN a €ji if fj i zf i 7! gj j8i qE t all g'ai ji',f jt iI I'll, € ii { it 'ji # ,��? 10 g i i �� j� f ��€ i#i E j jjS t . i#jj aijf t#ji f Q I f € ii = E f s f •i,i `i,� id•f €.oi f'f f�#a ii i � � f� a� f � (t p fFE'ia F iF y i. lilt i€ aptpt yy(sjji ! 4! i i , i o FEFi yflI € Ij •` j �i e cn �Ei f •� � °i a � j a i:-i � f� y a € F F m m i , H A ,• %,., cn Cf) m o i •` `, i ii o jjEyE •, _ 1!� g a \ ii i1 S j� j 7 `�•, \ ' li lit -� i4 a�,Bowen-= ' j i° tq 1 eum uracFA, ENGINEERING & SURVEYING }.^ RPN610.11As1f BFPIK ASEN£9 NG. 12) TO � '' , jF i'�' � 1.,J' 6U G11NIV gpAV:M, (r.B�a'�,w.w•T=usa+s.