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Home My WebLink AboutRes.2996.07-05-2016 BILL NO. 16-112 RESOLUTION NO. 42974i A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AND INDEMNITY AGREEMENT WITH MARQUETTE TECH DISTRICT FOUNDATION, INC. , FOR INSTALLATION OF COMMUNICATION CONDUIT AND FIBER CABLE AT VARIOUS LOCATIONS, 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 Marquette Tech District Foundation, Inc. , for installation of communication conduit and fiber cable at various locations, 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 . PASSED AND ADOPTED THIS \ \,\\ DAY OF LA / , 2016 . J - Ha y E. rediger, Mayor ATTEST: i-�5t19RD41 oy 1"/ IAEA / i1r q4 t`• Bruce Tayrof/, Deputy City Clerk V4' ��i 4Y s or to Tut "1. - C s LICENSE AND INDEMNITY AGREEMENT In consideration of the City Council of the City of Cape Girardeau, Missouri, hereinafter known as "City", granting Marquette Tech District Foundation, Inc., hereinafter known as "Licensee", permission to place certain improvements and conduct certain activities on City property which is located adjacent to Broadway Street and adjacent to Independence 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: Install communication conduit and fiber cable per the attached map and as follows, ■ From the southeast corner of the building at 400 Broadway to the southwest corner of the building at 338 Broadway. ■ From the southeast corner of the building at 400 Broadway to the existing City fiber vault at the southwest corner of Broadway and Fountain Street ■ From an existing private fiber vault at the southwest corner of an alley running from Independence south between Sprigg and Pacific Streets to the fiber optic panel at Fire Station 1, 40 South Sprigg Street. 2. Licensee, and its successors, heirs and assigns all agree as follows: A. That it 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 it does 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 it 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 it 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 it will not maintain on the property any hazardous or toxic waste or substances, as defined under all applicable federal, state and local Liccn..and Ind-ninr Ag....... Jl.uyurttc'fcch District 1` 1 1 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 L'Invironmental Response Compensation and Liability Act as amended ("CERCLA") and toxic substances as defined in the Toxic Substances Control Act as amended ("'I'SCA"). Any operations on the property shall not be in violation of any la��,s, regulations, ordinances, statutes, orders or decrees ofany governmental body, arbitration tribunal Or Court, I C, including, without limitation. RCRA, Cl. ROLA, 'TSCA and all regulations thereunder. '['here shall be no conduct of bUSinCSS on the property \vhich Constitutes a violation of E'rivironmetital Laws or any other laws, regulations, ordinances, statutes, order or decrees orany governmental body. F. Nothing in this Agreement or actions of the City in :,'ranting permission to place said improvements or conduct of such activities on (lie described property shall be construed to give the Licensee, any irrevocable rights to keep said improvements or activities on such property, 'rhe 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 Licensee, its successors and assigns, for any reason. In Such event, Licerisec, Or its SLICCCSSOI-S and assigns, agree to remove said improvements and to cease Such activities within ninety (90) days of notice, Should Licensee, or its successors, heirs or assigns fail to comply with any of zn the terms of this Agreement, the City of Cape Girardeau reserves the right to make any i-cpairs or alterations to i bring I lcensee in compliance with the Agreement by giving Licensee, or its Successors, heirs or assigns. ninety (90) days notice and such persons, Successors, heirs or assigns hereby agree that Z, they will pay For any costs incurred by the City Im such repairs or alterations. ll'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. This license and the covenants herein contained shall run With the land and 111MV to and be binding upon the SUCUSSOrs, heirs and assigns of the:, respective pat-ties. 4-- IN WITNE S (lie parties hereto have caused this Agreement to be executed this day ofjo_ 2016. Inc- I 1�;r"I MARQUETTE TECH DISTRICT FOUNDATION, INC. By 6-J'a'mes Stapleton, xecutive Director ATTEST: STATE OF MISSOURI ) ) SS. COUNTY OF CAPE GIRARDEAU ) On this 51,11- day of , 2016, before me appeared James Stapleton, to me personally known, who, being-by me duly sworn, did say that he is the Executive director of the Marquette Tech District Foundation, Inc., and that the seal affixed to the foregoing instrument is the seal of said corporation and that the said instrument was signed and sealed in behalf of said corporation by authority of its Board of Directors and acknowledged said instrument to be the free act and deed of said corporation. 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. Q1s Notary Public My Commission Expires: PATRICIA S. SCHAEFER Notary Public, Notary Seal State of Missouri Scott County Commission # 13456475 My Commisslon Expires August 09, 2017 Indenvmc \recnum.\Lialucec Ted,Uhsrnrr ; CITY OF CAP '°rfl"' AlZDEAU, MISSOURI By(__4� Scott A_ Mey , City anager ATTII�"S'1': z Bruce Taylor Deputy City Clerk m� � VA S'fAll Of,' MISSOURI , ss. , COUNTY OF CAPE GIRARDEAU 4(On this day of 20M, lief-ore nye appeared Scott A. Meyer, } y . ^orn, did say that he is the City Mc �cr, to me personally known, l �bein 7 }�'. nye duly sworn, 1 Mana�,er ofthe City of Cape C.air u, Miss a_i, a. Municipal Corporation of the State of Missouri, and that the seal affixed to �e foredo instrument is the seal c>1'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 nay hand and affixed my official seal, at nay office in Cape Girardeau, Missouri, the day and year first above. written. ~ { AMANDA L.MCKPNN15Y ,'N�7TAR'r' '� MyCam*sPonEXpireu SEAL, Mara 3,2(lt F` Cape Girardeau Coun con unasrr14599tA r, 8......: "1 1ndd+n r n 1f xxm t,Tlmn.µ+a rt I k17i;irov:v F .k License and Indemnity!Agreement Marquette Tech District Foundation 3// rrrr ri f rr///r�//Jll nl/ r J /j/fr /ri ry cITYf1fCAPE ;l u` i fll j( Vj� %Iru Exhibit f//r �1g wr %y� Tech DN:4t1'B'd:t Connections to City Fiber rr—,-••�.....,,.,—.,,,�.,.- - /i IF�ko ° 1FR� 11/12iNO / rwr yt xmmui u,Gvi�rsa%rme siaaru r ��flr� aral, f °%l %/rGr l a! 41i % /r l/"r1��rFl� 'FaIG//(r�" 0M Ifs/�('r �� ,,,/l Gq li 1 , ��i�� i4 f�r/y/ r r r LEGEND / Pamrvl Y" Rbw FrdSirrel „,xM,n Purpus�S kdrue, m„m FiLreF k.im� (i✓iF7;V �//fir 4/ F, /� y Tlrr/„ uqC W F.. rill II�� A IBoo G AI��J,7arl r gag/g, r f / lam I. .,uul Irnl n.Kp,nr ru rr¢,hl.ircir.a n< fid41)i,tdi.r. 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