HomeMy WebLinkAboutRes.3103.08-21-2017 BILL NO. 17-132 RESOLUTION NO. 310.3
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE A LICENSE AND INDEMNITY AGREEMENT
WITH SOUTHEAST MISSOURI STATE UNIVERSITY,
FOR INSTALLATION OF BANNERS ON LIGHT POLES
ALONG BROADWAY, 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, far and on behalf of the City
of Cape Girardeau, Missouri, is hereby authorized to execute a
License and Indemnity Agreement with Southeast Missouri State
University, for installation of banners on light poles along
Broadway, 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 4II/Xt , 2017 .
ard �•t- . ' er,
_,,. •• g Mayor
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LICENSE AND INDEMNITY AGREEMENT
In consideration of the City Council of the City of Cape Girardeau, Missouri, hereinafter known as
"City", granting Southeast Missouri State University; 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.
Banners will be approved for display from August 1" through November 15th each year until
•
November 15, 2022. All light poles to have banners are 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. As a Missouri public institution of higher education, the University does not maintain general
liability insurance,nor can agree to indemnify and hold harmless any individual entity. Instead,
the school relies on the State Legal Expense Fund set forth in Missouri Revised States
105.711, as administered by the Office of the Attorney General of the State of Missouri.
Each party shall be responsible for its own acts and omissions and shall be liable for payment
of that portion of any and all claims, liabilities, injuries, suits, and demands and expenses of
all kinds that may result or arise out of any alleged malfeasance or neglect caused or alleged to
have been caused by said party,its employees,agents,or subcontractors,in the performance or
omission of any act or responsibility of said party under this Agreement. In the event that a
claim is made against both parties, it is the intent of both parties to cooperate in the defense
of said claim and to cause their insurers to do likewise. Both parties shall,however, retain the
right to take any and all actions they believe necessary to protect their own interests.
B. 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.
C. 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.
D. 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
Girardeau reserves the right to make any repairs or alterations deemed necessary by the City
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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 the 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 the 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.
jig WINES; WHEREOF, the parties hereto have caused this agreement to be executed this
a day ofq/�tf' 2017.
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Scott A. - • _. .r •er 0
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Bruce TaylorDeputy City Clerk , , P eTHE vino 4;7,•
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STATE OF MISSOURI )
ss.
COUNTY OF CAP U )
On day of 2017, before me appeared Scott A. Meyer, to me
personally known, who, being by me d�y sworn, did say that he is the City Manager of the City of Cape
Girardeau, Missouri, a Municipal Co .;radon 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 City by authority of its City Council and 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,at my office
in Cape Girardeau,Missouri,the day and year first above written.
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Southeast Missouri State University
By:
Carlo argas,President
STATE OF MX )
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COUNTY OF UU �j
BE IT REMEMBERED, that on this /v day of an , 2017, before me, the
undersigned notary public,personally appeared Carlos Vargas,who being y me duly sworn,did state that he
is the President for Southeast Missouri State University,and that the seal affixed to the foregoing instrument
is the seal of said corporation and that the said instrument was signed and sealed on behalf of said
corporation by authority of its Board of Directors and acknowledge said instrument to be the free act and
deed of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the date last
above written. ,�,/ �
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Notary Public
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