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Home My WebLink AboutRes.2972.03-21-2016BILL NO. 16-50 RESOLUTION NO A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AND INDEMNITY AGREEMENT WITH BLAIR AND MATILDA GILL, FOR INSTALLATION OF A PAVER DRIVEWAY IN THE RIGHT OF WAY AT 3087 BEAVERCREEK DRIVE, 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 Blair and Matilda Gill, for installation of a paver driveway in the right of way at 3087 Beavercreek Drive, 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 executina the same. PASSED AND ADOPTED THIS 1 DAY OF 2016. 64�74- Harry E. Aedig6r, Mayor ATTEST: ®ruce Tayl r, Deputy City Clerk LICENSE AND INDEMNITY AGREEMENT In consideration of the City Council of the City of Cape Girardeau, Missouri, hereinafter known as "City", granting Blair and Matilda Gill, hereinafter known as "Licensees", permission to place certain improvements and conduct certain activities on City property which is located adjacent to Beavercreek Drive 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 Licensees a license to place certain improvements to -wit: To replace the concrete driveway with a paver driveway in the right-of-way adjacent to 3087 Beavercreek Dr Cape Girardeau, MO. 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 ("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 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, 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 P:\L.ICE:.NSE & INDEWN \Lcense & Indemnity Agreement- 3087 Beavercreek dr.doc 03/14/16 1 'r ill STATE OF SSo q_n ) ss. COUNTY OF On this day of , 2016, before me personally appeared Blair Gill, personally known to me known to be the persons described in and who executed the foregoing instrument, and acknowledged that they executed the same as their 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. .WillW10/111 5P0 HUBBA,94 %//i �= ��'.••Sg ON E,YA .• 2016'�9�•Oic My Commission Expires: M o��R� SEp1. ; y ;t NIR 9R�'_ BLiC;S'�P�;��~ STATE OF SS gLtn Notary Pu lic } ss. COUNTY O'co On this day of , 2016, before me personally appeared Matilda Gill, personally known to me known to be the persons described in and who executed the foregoing instrument, and acknowledged that they executed the same as their 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. 'O%%tiJu I111sitrli Sgp Q. HUB ��i�i � , .•'�ISSlOI�r'•q'90'��ii Vp Q 22, 2�A� ' Notary Qblic NOTARY SEAL ; �! M My Commission Expires: r=,`'24t-SADEU L/C1 \\Cgi-£ilnerc\plwutingahare\LICENSE & INDFAINITY\11cense & Indemnity Agreement- 3087 beavercreek dr.doc 03/04/16 STATE OF SSo q_n ) ss. COUNTY OF On this day of , 2016, before me personally appeared Blair Gill, personally known to me known to be the persons described in and who executed the foregoing instrument, and acknowledged that they executed the same as their 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. .WillW10/111 5P0 HUBBA,94 %//i �= ��'.••Sg ON E,YA .• 2016'�9�•Oic My Commission Expires: M o��R� SEp1. ; y ;t NIR 9R�'_ BLiC;S'�P�;��~ STATE OF SS gLtn Notary Pu lic } ss. COUNTY O'co On this day of , 2016, before me personally appeared Matilda Gill, personally known to me known to be the persons described in and who executed the foregoing instrument, and acknowledged that they executed the same as their 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. 'O%%tiJu I111sitrli Sgp Q. HUB ��i�i � , .•'�ISSlOI�r'•q'90'��ii Vp Q 22, 2�A� ' Notary Qblic NOTARY SEAL ; �! M My Commission Expires: r=,`'24t-SADEU L/C1 \\Cgi-£ilnerc\plwutingahare\LICENSE & INDFAINITY\11cense & Indemnity Agreement- 3087 beavercreek dr.doc 03/04/16 EXHIBIT A Legal Description Lot Seven (7) of Beaver Creek Estates, a subdivision in the City and County of Cape Girardeau, State of Missouri, as shown by plat filed in Plat Book 19 at Page 8 of the land records of said county.