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Home My WebLink AboutRes.3058.03-06-2017 BILL NO. 17-26 RESOLUTION NO. �.3j� j,1 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AND INDEMNITY AGREEMENT WITH GREAT LAKES DREDGE & DOCK COMPANY, LLC d/b/a GREAT LAKES DREDGING, LLC, FOR WIDENING THE ENTRANCE TO PROPERTY LOCATED AT 1350 NORTH WATER 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 Great Lakes Dredge & Dock Company, LLC d/b/a Great Lakes Dredging, LLC, for widening the entrance to property located at 1350 North Water Street, including adding gravel to the right of way of 5th 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 such changes therein as shall be approved by the officers of the City executing the same. PASSED AND ADOPTED THIS / // DAY OF 17 . Ct ,....-- Harry E. diger, Mayor ATTEST . ryclri, Deputy City Clerk Sr ‘- �c r4ti Z1 s's U '- fit( ye y: 2` i__�. II 1I� Ca! I 6_: .n GNf 0 ��: ,1'4L 0"......" LICENSE AND INDEMNITY AGREEMENT In consideration of the City Council of the City of Cape Girardeau,Missouri, hereinafter known as "City",granting Great Lakes Dredge & Dock Company,LLC a Delaware limited liability company,doing business in Missouri as Great Lakes Dredging LLC,hereinafter known as "Licensees", permission to place certain improvements and conduct certain activities on City property which is located adjacent to 1350 N Water 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: Widen the entrance to their property at 1350 N Water Street including adding gravel to the right of way of 5th Street in the City of Cape Girardeau. See Exhibit A for a legal description of the property. 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 Great Lakes Dredge& Dock Company, LLC DBA Great Lakes Dredging, LLC By: - - Its: u13\\_ Doer k2Chner STATE OF /n ) ) ss. COUNTY OF (ry,6 niymcipk_ BE IT REMEMBERED, that on this 22 day of oldmid._A. , 2014, before me, the f undersigned notary public, personally appeared ef& 0,11/4_/8.66,74{-4.--- , who being by me duly sworn, did state that he is the authorized4presentative for Great Lakes Dredge & Dock Company, LLC, a Delaware limited liability company doing business as Great Lakes Dredging, LLC, a Missouri limited liability company, and that the within instrument was executed on behalf of said Great Lakes Dredge & Dock Company, LLC DBA Great Lakes Dredging, LLC, 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. ' No Public My Commission Expires: DEBRA S.TUCKER 1.r+. 4 7j �� /9 Notary Public,Notary Seal State of Missouri Cape Girardeau County Commission# 11276543 My Commission Expires December 07,2019 WCV-BeserAPlangsbrAUCENSEar RtFILL%'RY\Ims h wear,Ap®mt-fin Ian Dredge&Dock4,c W/ID/16 Exhibit A Great Lakes Dredge & Dock Company, LLC dba Great Lakes Dredging LLC Tract 1: All of Lot 1 in Block 16 of Robertson- Gal's Subdivision in the City of Cape Girardeau as shown by plat recorded in Plat Book 2 at Page 20. Tract 2: All of that part of Outlots 69 & 70 of United States Private Survey Number 2199, Township 31 North, Range 14 East of the 5th Principal Meridian, in the City and County of Cape Girardeau, State of Missouri, described as follows: Begin at the Northeast corner of Lot 1 of Block 16 of Robertson and Gale's Subdivision, as same is set out in Plat Book 2 at Page 20, said point being 200.00 feet northwesterly (as measured perpendicular thereto) from the western right of way line of the Burlington Northern-Santa Fe Railroad (formerly the St. Louis and San Francisco Railroad): thence along the arc of a curve concave to the southeast and having a radius of 4069.83 feet, a distance of 193.58 feet (the chord across said arc bears North 42° 41' 31" East, 193.56 feet), thence North 44° 06' 17" East, 209.50 feet to the southwest corner of a tract of land conveyed in Document No. 2004-08890, thence with the southern line of said parcel, South 45° 53" 43" East, 200.00 feet to a found 1 inch diameter iron pin on the western right of way line of the Burlington Northern — Santa Fe Railroad in the southeast corner of said tract conveyed in Document No. 2004- 08890; thence with the western right of way line of said railroad, South 44° 06' 17" West, 209.50 feet to the point of curvature of a curve to the left having a radius of 3869.83, thence along the arc of said curve a distance of 355.03 feet to the northeastern corner of a tract of land conveyed in Document No. 2006- 02602, thence along the northern line of said tract, North 51' 09' 07" West, 200.00 feet to a corner from which a found iron pin bears on-line North 51° 09' 07" West, 1.06 feet; thence along the arc of a curve concave to the southeast having a radius of 4069.83 feet, a distance of 128.34 feet (the chord across said arc bears North 39° 45'05" East 128.34 feet) to a point of the southeast corner of Lot 1 of Block 16 of Robertson and Gale's Subdivision, thence along the east line of said Lot 1, and continuing along said curve, a distance of 51.46 feet (the chord across this arc bears North 41'01' 02" East, 51.46 feet), to the place of beginning and containing 2.634 acres, more or less.