HomeMy WebLinkAboutRes.2935.11-16-2015BILL NO. 15-208
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE A LICENSE AND INDEMNITY AGREEMENT
WITH OLD TOWN CAPE, INC., FOR LIGHT POLE
DECOPATIONS, 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 Old Town Cape, Inc., for
light pole decorations on Broadway from North Pacific Street to
Water Street, 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, and incorporated herein by reference, with such changes
therein as shall be approved by the officers of the City
executing the same. it n
PASSED AND ADOPTED THIS �l DAY OF �1�2015.
ATTEST:
OVA,
Gayl . Conrad, City Clerk
4A4
Ntlf'ry E. ediger, Mayor
LICENSE AND INDEMNITY AGREEMENT
In consideration of the City Council of the City of Cape Girardeau, Missouri, hereinafter known as
"City", granting Old Town Cape, Inc, hereinafter known as "Licensees", permission to place certain
improvements and conduct certain activities on City property which is located along Broadway 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 Licensees a license to place certain
improvements to -wit:
To add banners with preapproved design for display to the existing light poles, 30 of
the poles will be wrapped with garland and lights; the amount of decorations on any one light
pole shall not exceed 15 pounds. Decorations will be approved for display from November
16, 2015 — January 15'2016. All fight poles to be decorated are located on Broadway from N
Pacific Street to Water Street in Cape Girardeau.
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 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 ("RCRN ), hazardous substances as defined in the Comprehensive
Environmental Response Compensation and Liability Act as amended C'CERCLN) 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 for the City Manager 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, for any reason. 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,
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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, in addition to any other remedies the
City may have, the City may also 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 WITNESS WHEREOF, the parties hereto have caused this agreement to be executed this
_ day of 12015.
Gayle:. Conrad
City Clerk
STXI'E OF MISSOURI }
ss.
COUNTY OFC PF IKARDEAU )
On this day of W itm2015, before me appeared Scott A. Meyer, to me
personally known, who, being by me duly sworn, did say that he is die 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 scaled 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.
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Old Town Cape, INC.
Marla Mills
Executive Director
STATE OF M14c)QUY 1 )
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COUNTY OF )
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BE IT REMEMBERED, that on this 31-4 day of `AMQ'}nhOiY, 2015, before me, the
undersigned notary public, personally appeared Marla Mills, who being by me duly sworn, did state that
he is the authorized representative for Old Town Cape INC, a Missouri Not for Profit Corporation, and
that the within instrument was executed on behalf of said Old Town Cape INC., and acknowledged that
he has executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the date last
above written.
Notary Public
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