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Home My WebLink AboutRes.3008.08-15-2016 BILL NO. 16-142 RESOLUTION NO. 3QQg' A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AND INDEMNITY AGREEMENT WITH OLD TOWN CAPE, INC. , FOR LIGHT POLE DECORATIONS, 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 Pacific Street to Spanish 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 succhanges therein as shall be approved by the officers of the City executing the same . A, A PASSED AND ADOPTED THIS DAY OFt, _ i_t_ 1' , 2016 . .1 _6 . i Ha y E. R diger, Mayo ATTEST: t. �Dn i4G1R_!.i?!l nutoff Gayl Conrad, City Clerk i0 1\42;:,r '1$:^ r -1,-; .r.., v 2�i-I!1�1)15/ 44C.i ,SEaL 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: 1. 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 15'"—January 154'each year until January 15,2022.All light poles to be decorated arc 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 (`RCRA'), hazardous substances as defined in the Comprehensive Environmental Response Compensation and Liability Act as amended ("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, \\eg9an.\pIwi.pw,LICENSE h INDENNITV\Finalrdta:MOk Octro.o •Ovit¢u4trtame a uae®m Apeascrez-Old Toro cye o,roson..n\o-anm. neicsna 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 Ciq' 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 die 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 die 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 panics hereto have caused this agreement to be executed this USW& day of /C itSt— , 3016. Ile� . Ml'\'CC, C,prl\i1-- ger }e-1or GePgle Urn rad �`,r \ 6 , R,. r^ llcaae+t-CICU Clerk \,, _ i ./ �1/. TATE OF MISSOURI •) ss. —' COUNTY OF (�:\l �,CnIR:MtD U ) On this ` ,day ofit . t A , 301(1, before me appeared Scott A. Meyer, to me personally known,who, being by me dul sworn, did say ihat he is the City Manager of the City of Cape Girardeau, Missouri, a Municipal Corpo .[tion 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 cit by authority of its City Council and acknowledged said instrument to be the free act and deed of said Cin. IN TFS"I'It\MONY WHEREOF, I have hereunto set my hand and affixed my official seal,ar my office in Cape Girardeau, Missouri, the clay and year first abllve written. .440.1MIPMW Iiiii if cts ,S ...p!/g,,, At!JINDALttCK887EY .. I� _•o — - tt Commission Expires _-NOTkRY t;: Y March 3.2018 Notary Public / --(Cr.'.. SEAL.: Cape Girardeau Count/ ' CF 144 ' Commissicr 414588193 \ply Com ssiionn EExx�ites: /2/\/l " . "�— wir.Jnery\scmnCb..°\Illai\i0.H 1[DI'\I\rl\\Lam...,huh...xi.\,7...mun.loll I4•v}..,Simdtx 0s,'t!10. OldfTown Cape, INC. Vl,— )1/12—et Marla Mills Executive Director STATE OF (Y\ ) ss. COUNTY OFQncc G' oct ) BE IT REMEMBERED, that on this ? day of funs ts4- , 2016, 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 Pdblic My Commission Expires: KAITLYN M. KRAUS c\Q \ v ,aO..0 NOTAPUBLIC LIObINOSSp RISS COUNTY OF CAPE GIRARDEAU COMMISSION 016672601 My Commission Expires:April 17,2020 Nr}+4ivrc.p4wr�TmUJGf�>I:trIWPIISm'.;nnMlL4I flJ l'.nn Cnr.rJ nunu.\I:;r.vrtw:kmn:-.Arr.,..n,-CMJrwn C'p'Ch,.unu V16.211LII 5..