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Home My WebLink AboutRes.3028.10-03-2016 BILL NO. 16-179 RESOLUTI c NO. .2D,i? A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A TEMPORARY LICENSE AGREEMENT WITH D & D CAPE INVESTMENTS, L. P. 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 : Temporary License Agreement with D & D Cape Investments, L. P. , for the Fire Station No. 2 Renovations, 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 . . .GIP.BvEDNAND ADOPTED THIS 1� DAY OF Co,L 'J ,V2016 . G - P \ e'G'',, 1,4 iv N Vit% fig:to ic-±: Victor Gunn, ayor Pro Tempore y, " sLAL vti"� 4%4 Bruce a yl , Deputy City Clerk • • TEMPORARY LICENSE PARTIES: The parties to this Temporary License are D & D Cape Investments, L.P. a Missouri limited partnership ('D&D") and the City of Cape Girardeau, Missouri, a home rule city organized and existing under the laws of the State of Missouri(`City"). 2. CONSIDERATION: Ten Dollars ($10.00) paid by the City to D&D, the receipt and sufficiency of which is hereby acknowledged. 3. LICENSE: For valuable consideration received D&D grants to City a license to enter upon and store construction materials on the area shown hatch marked on Exhibit A ("D&D Premises") for the Term(defined below). 4. PURPOSE: D&D has agreed to grant the License to City so that City may use the D&D Premises in connection with improvements and additions to the existing Fire Station No. 2 located at 378 South Mount Auburn Road, in the City of Cape Girardeau, Missouri (`Project"). 5. TERM: The term of this License (`Term") shall commence on the Effective Date (defined below) and terminate on the sooner to occur of(a) completion the Project as evidenced by an affidavit executed by a responsible officer of the City or(b) February 28, 2017, regardless of whether or not such Project has been completed. Upon the expiration of the Term, City shall have no further right to utilize the D&D Premises for any purpose. 6. AGREEMENTS OF CITY: As consideration for the grant of the license and even if the license has been terminated, City agrees to: (a) To maintain,at the City's sole cost and expense, all lawn areas located on the D&D Premises in a clean and neat manner and in accordance with all City ordinances pertaining thereto,including,without limitation,mowing and trimming around any construction materials located on the D&D Premises. (b) Pay for all of the City's work at its sole cost and expense. (c) Remove,on a daily basis, all trash or debris on the D&D Premises caused by City or its agents, employees, contractors or invitees, which relates to any activities arising or resulting from the license provided for herein. (d) Maintain,and require all City contractors who are supplying labor and materials on the Project to maintain, in full force and effect during the Term commercial general liability insurance, including coverage for bodily injury, death and property damage and having combined single limit coverage of not less than$1,000,000 per occurrence and an aggregate of not less than $2,000,000. Such policy shall name D&D, and D&D's lender, if any, as an additional insured and the City shall, simultaneously with the execution and delivery of this License,deliver to D&D a certificate of insurance evidencing such coverage for the City and a certificate of insurance evidencing such coverage for the City's contractors who are supplying labor or materials on the Project. (e) To the fullest extent permitted under applicable law, defend, indemnify and hold D&D harmless from any and all claims arising or allegedly arising from any act or omission of the City or the City's agents, employees, contractors or invitees, which • relates to any activities arising or resulting from this License and obligations provided for herein. This indemnification includes attorneys fees, costs and expenses incurred by D&D. 1 IMMO r 7. USE OF PROPERTY: City may use the D&D Premises solely for (1) storing construction materials for the Project and (2)as reasonably necessary to repair the D&D Premises after construction of the entrance to the as good or better condition required in Sections 6(a)and 9. 8. CONDITION OF PROPERTY: City accepts the D&D Premises in its present condition and state of repair. 9. REPAIRS & ALTERATIONS: City shall at its sole cost and expense, upon termination of this License, promptly restore the D&D Premises to substantially the condition when City first accessed the D&D Premises, including, but not limited to, repairing any damage to curbs along South Mount Auburn Road, implementing erosion control measures, and seeding of the disturbed areas. 10. LAWS: City shall comply with all applicable laws,tesstictions,ordinances, rules and regulations with respect to the D&D Premises and its construction work thereon. 11. ENTIRE AGREEMENT This License constitutes the entire agreement between the parties with respect to the subject matter hereof. This License may only be amended by a written instrument signed by both D&D and City 12. NOTICES: All notices under this Lease from one party to the other must be in writing and are effective when delivered or transmitted by facsimile machine as follows: To D&D: D & D Cape Investments, L.P Larry Westrich, Vice President 101 S. Farrar Drive Cape Girardeau, MO 63701 Phone: (573)335-3134 Facsimile: (573) 335-5125 To City: City of Cape Girardeau MO Anna Kangas, Project Manager 401 Independence Cape Girardeau, MO 63701 Phone: (573)339-6327 Facsimile: (573) 339-6303 EXECUTED the 9 day of DQ 111013e& , 2016 ("Effective Date"). D&D CAPE INVESTMENTS,L.P. CITY OF CAPE G Ir. ._.t EAU By: Drury Ind .tries, In ., its general partner By: S'/ . _ .. ed- / By. arty W3 ich, esident Name: '_(g1Wva j2Title: "MON - 2 Exhibit A D&D PREMISES See attached. 3 .e....7,,,c---- , -.....-4,-. •; ‘° . r-7: . . .;:- -..4.-' , I: .:":-. ''• ..tt -' 4 -- r • Z. •'<'.'-- .-' 4 ._4..-;"..-..-'r"kti. 0_...,- _ . -- .. . . - ll-t..,i1 • - ' ?; .; , • CuV t 'C k . - .. ' - • • . . - 1- i; _. 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