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Home My WebLink AboutRes.3105.09-05-2017 BILL NO. 17-136 RESOLUTION NO. 3/65- , A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AND INDEMNITY AGREEMENT WITH OLD TOWN CAPE, INC. , FOR IMPROVEMENTS IN THE ALLEY BETWEEN 115 NORTH MAIN STREET AND 117 NORTH MAIN 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 Old Town Cape, Inc. , for improvements in the alley between 115 North Main Street and 117 North Main 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 ,) s ,k , 12017 . Faery-EL-iddiger, Mayor ATTEST: Bruce Taylo Deputy City Clerk /07 � ,� sa., . \ E ;w ry r . Ti; LICENSE AND INDEMNITY AGREEMENT In consideration of the City Council of the City of Cape Girardeau, Missouri, hereinafter known as "City", granting Old Town Cape, Inc., hereinafter known as "Licensees", permission to place certain improvements and conduct certain activities on City property which is located in an alley between 115 N _Main Street and 117 N. Main Street in the City of Cape Girardeau, Missouri, Cape Girardeau County, Missouri,the parties hereto state as follows: I 1. The City of Cape Girardeau, Missouri, hereby grants to licensees a license to place certain improvements to-wit To remove graffiti from the sides of the buildings addressed 115 N. Main Street and 117 N. Main Street To string shatter resistant, solar powered LED lights across the alley, anchored to the roofs of 115 N. Main Street and 117 N. Main Street To seal coat the alley surface and paint a "carpet-like"-design. To install art panels on the old windows of 117 N. Main Street Old Town Cape Inc. obtained permission from 115 N. Main Street and 117 N. Main Street property owners for the improvements Permission forms attached. - 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 ("RCRN"), hazardous substances as defined in the -Comprehensive Environmental Response Compensation and liability Act as amended("CERCLN") and toxic substances as defined in the Toxic Substances Control Act as amended rISCA"). 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,CERCI.A,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 he cost of.Licensees,their successors and assigns,for any reason. In cWe®u sax S tS\1dseozgArempasy frac=Pialfatemettdeo&WIlOVEGUexme letiamay Agmann-a!Twefge PS Ane,Imparactiie CS/16/17 • 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 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 hills 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 IN WITNESS WHEREOF, the parties hereto have causedthis agreement to be executed this Jr day of ,5"ep71Gnirgr '' • 2017. • . cost A. Meyi .: : • ATTEST: _' 3 A I p4' is Bruce Taylor (/ lin r_ 41 n t Deputy City Clerk 0 �� --c-W I to rs • STATE OF MISSOURI ) - ) ss. COUNTY OF CAP U ) On this I day of :4ij,''I' .1 I 2017, before me appeared Scott A. Meyer, to me personally known, who, being by 7.; t my sworn, did say'that he is the City Manager of the City of Cape Girardeau, Missouri, a-Municipal Corporation 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. �a ' AYAIDALI q A� � , `� dwell. / � SEAL r • � Mrs 114588199 Cwt®m dSmiptedduao+Smng\Terrprn bacon F3,Wmm06Em1WPICIVocvins beaky Aptt®t-Old Town C.pt Pal A&y L.r.m®mc dd/Wn uniutioN *f Old Town Cape,Inc rzgif t` t - CA A ycetaitai �`r AiE1 \\\.`. Marla Mills,Executive Director • STATE OF N\\ SSO A ( ss. COUNTY OF Ccs \ Cif • ) BE IT REMEMBERED, that on this Re day of GSA- 2017, before me, the undersigned notary public,personally appeared Marla Mills,who being by me duly sworn,did state that she is the authorized representative for Old Town Cape Inc,a Missouri Nonprofit Corporation,and that the within instrument was executed on behalf of said Old Town Cape Inc,and acknowledged that she 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. C9-33LS. �G-CiH.ao�� Notary Public My Commission Expires: fl-a- - CAD-1 \--as4- CAD:arena.4 SetSpVklaciALacd SettiliATerrpay use wcACmvoaaUMPovncUI tthsreia Aram-as Ton f¢ice Ah,lrprwmm.dz ae/Wn