HomeMy WebLinkAboutRes.3004.08-01-2016 BILL NO. 16-129 RESOLUTION NO. 000•It
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE A LICENSE AND INDEMNITY AGREEMENT
WITH BRENDA K. STROP, TRUSTEE OF THE BRENDA
K. STROP LIVING TRUST DATED OCTOBER 27,
2010, FOR INSTALLATION OF A SIGN OVERHANGING
THE SIDEWALK IN THE RIGHT OF WAY AT 1031
BROADWAY, 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 Brenda K. Strop, Trustee of
the Brenda K. Strop Trust dated October 27, 2010, for
installation of a sign overhanging the sidewalk in the right of
way at 1031 Broadway, 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 .
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PASSED AND ADOPTED THIS DAY OF Iis .�L , 2016.
• Cc 4CCee-it4UaeiHaiger, Mayor
ATTEST:
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LICENSE AND INDEMNITY AGREEMENT
In consideration of the City Council of the City of Cape Girardeau, Missouri, hereinafter known as
"City",granting Brenda K Strop,Trustee of the Brenda K Strop living Trust Dated October 27, 2010,
hereinafter known as "Licensees",permission to place certain improvements and conduct certain activities on
City property which is located adjacent to Broadway 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-win.
Install a sign, approximately 2 feet x 4 feet, that will overhang the sidewalk on the
front of building located at 1031 Broadway in the City of 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 ("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
t\Cp-eardo\plan ringdart\LICENSE&INDFJdNIII'\license aLode-m'v,'A5nvnvs•1031 Broadway SynJm
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Brenda K Strop, Trustee of the Brenda K Strop Living
Trust Dated October 27, 2010
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BE IT REMEMBERED, that on this I Z day of J ttiv , 2016, before me, the undersigned
notary public, personally appeared Brenda K Strop, Trustee of the Brenda K Strop living Trust Dated
October 27, 2010, who is known to me to be the person who executed the foregoing instrument, and
acknowledge that he executed the same as his free act and deed and in his capacity as Trustee. Brenda K
Strop further acknowledged that the Trust remains in full force and effect and that he is the duly appointed
and acting Trustee.
•
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the dare last above
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Exhibit A
Legal Description
1031 Broadway
Tract I
Lots Six(6) and Seven (7) in Block One (1) of Albert Place Addition in the City of Cape Girardeau,
Missouri, as shown by Plat recorded in Plat Book 3 at page 17.
Subject to terms, conditions, restrictions and reservations of record if any.
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