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Home My WebLink AboutRes.3091.07-24-2017BILL NO. 17-101 RESOLUTION NO. I_Mf/ A RESOLUTION AUTHORIZING THE CITY MANAGER TO - EXECUTE A PEDESTRIAN CROSSING AGREEMENT WITH DRURY HOTELS COMPANY, LLC, FOR THE INSTALLATION OF ROADSIDE FLASHERS ON FARRAR DRIVE, 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 Pedestrian Crossing Agreement with Drury Hotels Company, LLC, for the installation of roadside flashers on Farrar Drive, 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 ATTEST: Bruczoge, 114 e Ta Deputy City Clerk CITY OF CAPE GIRARDEAU, MISSOURI INSTALLATION OF ROADSIDE FLASHERS PEDESTRIAN CROSSING AGREEMENT THIS AGREEMENT is entered into by the City of Cape Girardeau, MO (hereinafter, "City'), whose address is 401 Independence Street, Cape Girardeau, Missouri 63702, and Drury Hotels Company, LLC (hereinafter, "Drury') , whose address is 200 South Farrar Drive, Cape Girardeau, Missouri 63701. WITNESSETH: WHEREAS, the City of Cape Girardeau, MO and Drury agree on the roadside flasher installation in the vicinity of Drury's facility located at 200 South Farrar Drive. NOW, THEREFORE, in consideration of the mutual covenants, promises, and representations herein, the parties agree as follows: (1) LOCATION: The general location of the roadside flasher to be installed pursuant to this Agreement is to cross Farrar Drive near the property addressed 200 South Farrar Drive in Cape Girardeau, Missouri. (2) INSTALLATION: The roadside flasher shall include a breakaway post assembly, a flashing beacon, at least two (2), but no more than four (4) pedestrian signs, a control cabinet, power supply equipment, and all necessary wiring and other equipment required to complete the installation in accordance with City requirements. The crossing shall meet ADA standards and have receiving sidewalk on both sides of Farrar Drive. The City will provide specifications and general details for this installation. Drury shall provide plans with the specific details of this installation for approval by the City. All costs associated with this installation shall be borne by Drury. The City will provide all striping of the crosswalk. These signs shall be standard signs meeting City standards and shall provide that vehicles should yield to pedestrians. (3) PERMIT: Drury shall obtain a permit from the City for the roadside flasher installation. (4) BOND: Drury shall secure, or have its contractor secure, sufficient bond, as determined by the City Manager or his authorized representative, for the construction of the proposed improvement on City right-of-way. (5) OPERATING and MAINTENANCE COST.- All initial and future electrical operating costs and maintenance and replacement costs shall be borne by Drury as the owner of the pedestrian crossing. (6) REMOVAL: If Drury fails to comply with the provisions stated herein regarding the operation and financial responsibilities, the City shall give Drury written notice of default. If Drury does not cure such default promptly, but in no event less than thirty (30) days from the date of the default notice (or if cure is promptly commenced and diligently pursued within such other additional time as may be reasonably necessary to cure such default) then the City may remove the roadside flasher installation. If the City determines, after consultation with Drury, that the roadside flasher is no longer justified, the City may remove same. In addition, the City may remove the roadside flasher from its right of way if the City, in its sole discretion, determines that Drury has abused the use of the roadside flasher. (7) OPERATION: The flashers will be operated by a push button activated by pedestrians when they wish to cross Farrar Drive. It is the purpose of the flasher to alert motorists to the pedestrian's use of the crosswalk. The City cannot guarantee safe roadway crossing for pedestrians. The pedestrian will be responsible for his/her own safety and the flasher will not stop traffic. Drury will educate Drury's employees on the proper use of the flashers and crosswalk and will instruct its employees to comply fully with the directions given. (8) UTILITY LOCATING RESPONSIBILITY. Drury shall be responsible for any utility locate request information at the crossing concerning any equipment not owned by the City. (9) AMENDMENTS: Any change in this Agreement, whether by modification or supplementation, must be accomplished by a formal contract amendment signed and approved by the duly authorized representative of Drury and the City. (10) CITYREPRESENTATIVE: The City's City Manager is designated as the City's representative for the purpose of administering the provisions of this Agreement. (11) INDEMNIFICATION: (A) To the extent allowed or imposed by law, Drury shall defend, indemnify and hold harmless the City, including its members and department employees, from any claim or liability whether based on a claim for damages to real or personal property or to a person for any matter relating to or arising out of Drury's wrongful or negligent performance of its obligations under this Agreement. (B) Drury is required or will require any contractor procured by Drury to work under this Agreement: (1) To obtain a permit from the City's City Manager prior to working on the City's right-of-way, which shall be signed by an authorized contractor representative; and (2) To carry commercial general liability insurance and commercial automobile liability insurance from a company authorized to issue insurance in Missouri, and to name the City, and its employees, as additional named insureds in amounts sufficient to cover the sovereign immunity limits for Missouri public entities ($500,000 per claimant and $3,000,000 per occurrence) as calculated by the Missouri Department of Insurance, Financial Institutions and Professional Registration, and 2 published annually in the Missouri Register pursuant to Section 537.610, RSMo. (C) In no event shall the language of this Agreement constitute or be construed as a waiver or limitation for either party's rights or defenses with regard to each party's applicable sovereign, governmental, or official immunities and protections as provided by federal and state constitution or law. (12) SOLE BENEFICIARY: This Agreement is made for the sole benefit of the parties hereto and nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and Drury. (13) AUTHORITY TO EXECUTE: The signers of this Agreement warrants that they are acting officially and properly on behalf of their respective institutions and have been duly authorized, directed and empowered to execute this Agreement. IN WITNESS WHEREOF, the parties have entered into this Agreement on the date last written below. 201-1 Executed by Drury Hotels Company, LLC this 6�day of 'S- , . Executed by the City this_ day of CITY OF CAPE GIRARDEAU Title Attest: Deputy City Clerk 20 DRU OTEI S C n ANY, LLC TitleyLGG p�itLace�cA� Bt: Attest6P Title S-P��<i�-! ACKNOWLEDGMENT BY DRURY HOTELS COMPANY, LLC STATE OF // ) ss COUNTYOF�T- I-oUr'S ) Onis to day of �r% 20/7 before me appeared • �azi2 /Rod�'!(I o� person y kme, who being by me duly sworn, did say that he�ft is the otels Company, LLC and that the foregoing instrument was signed on behalf of Drury Hotels Company, LLC. by authority of its board of directors and that heA0 acknowledged said instrument to be the free act and deed of Drury Hotels Company, LLC and that it was executed for the consideration stated therein and no other. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal 'n the ou and state foresaid the day and year written above. ,Q Edi Notary Pu lic -y My Commission Expires: l V e v1/' o2C%,'2 t% KIMBERLY A. MATTHEWS Notary Public • Notary Seal STATE OF MISSOURI St. Charles County My Commission Expires: November 7, 2020 Commission # 12402032 ACKNOWLEDGMENT BY CITY STATE OF ss COUNTY OF On this day of 20 , before me appeared personally known to me, who being by me duly sworn, did say that he is the City Manager of the City and the seal affixed to the foregoing instrument is the official seal of said City and that said instrument was signed in behalf of said City by authority of the City and said City Manager acknowledged said instrument to be the free act and deed of said City. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the county and state aforesaid the day and year written above. Notary Public My Commission Expires: