HomeMy WebLinkAboutRes.3031.10-17-2016 BILL NO. 16-183 RESOLUTION NO. i___
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE A LICENSE AND INDEMNITY AGREEMENT
WITH SOUTHEAST MISSOURI UNIVERSITY
FOUNDATION, FOR INSTALLATION OF CONDUIT AND
FIBER CABLE ALONG INDEPENDENCE STREET,
BETWEEN PACIFIC STREET AND ELLIS STREET, 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 Southeast Missouri
University Foundation, for installation of conduit and fiber
cable in the right of way along Independence Street between
Pacific Street and Ellis Street and terminating at 122 South
Ellis, 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 . 61
PASSED AND ADOPTED THIS J l DAY OF IL , 2016 .
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Harry E.
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iMayor
ATTEST:
Bruce Tay3br, Deputy City Clerk ;=0i is t °j
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LICENSE AND INDEiMNITY AGREEMENT
In consideration of the City Council of the City of Cape Girardeau,Missouri,hereinafter known as
"City",granting Southeast Missouri University Foundation,hereinafter known as "Licensees",permission to
place certain improvements and conduct certain activities on City property which is located adjacent to Ellis
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 Licensees a license to place certain
improvements to-wit:
Install communication conduit and fiber cable per the attached map and as follows,
Commencing at a fiber pull box at the southeast corner of an alley on Independence Street
between Pacific and Ellis Streets, then easterly approximately 200 feet to a fiber pull box on
the southeast corner of Independence and Ellis Streets, then southerly approximately 1000
feet to the southeast corner of Ellis and Merriwether Streets,and terminating at the Southeast
Missouri State University Law Enforcement Academy at 122 South Ellie Street.
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 ("RCM),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
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Southeast Missouri University Foundation
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.thy /t•ngels,Treas r
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STATE OF two •
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COUNTY OF Y •
BE IT REMEMBERED, that on this 5 day of M'C_l , 2016, before me, the
undersigned notary public, personally appeared Kathy Mangels, who being by me duly sworn, did state
that she is the authorized representative for Southeast Missouri University Foundation, and that said
instrument was executed on behalf of said Foundation for the consideration state therein and no other,and
said Kathy Mangels acknowledged said instrument to be the free act and deed of said Foundation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the date last above
written.
4 . Akka oMt.
Notary Public
My Commission Expires: - - - - -
LINDA WILKINSON
to —(1—— i Notary Public -Notary Seal
"1 l State of Missouri.Cape Girardeau County
Commission # 13480444
My Commission Expires Jun 9.2017 •
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Exhibit A
122 S Ellis Street
Lots Fifty(50)and Fifty-one (51) in Range "A" in the City of Cape Girardeau, Missouri.
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