Loading...
HomeMy WebLinkAboutRes.3115.10-02-2017 BILL NO. 17-150 RESOLUTION NO. t3//6— A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AND INDEMNITY AGREEMENT WITH CENTURION DEVELOPMENT, LLC, FOR INSTALLATION OF A SIGN AT 20 NORTH MAIN STREET, SUITE 101, 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 Centurion Development, LLC, for installation of a sign at 20 North Main Street, Suite 101, 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 . J PASSED AND ADOPTED THIS rdDAY OF " I 1 ' , 2017 . blet4j1ra Harry E. Rediger, Mayor ATTEST: / y Bruce Tayl (, Deputy City Clerk ,. THE UNI ON IEItiII,j LICENSE AND INDEMNITY AGREEMENT In consideration of the City Council of the City of Cape Girardeau, Missouri, hereinafter known as "City", granting Centurion Development, LLC, a Missouri Limited Liability Company, hereinafter known as "Licensees", permission to place certain improvements and conduct certain activities on City property which is located at 20 N. Main Street, Suite 101 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 install a sign. The sign will project 45" over N. Main Street right-of-way. The sign will be attached to a pole that overhangs the right-of-way 54". 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 ("RCAF:'), 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 c\U.en\cbrvnke\Dntrnp\37 N.Mvn Swic 101 ISJ dac 04/08/17 • Centurion 'op lent, LLC By. 1 Its: fret.- 1 I STATE OF M I St CV le ) Ll ) ss. COUNTY OF 00.re 671"ra ) BE IT REMEMBERED, that on this j day of 54-1940^^134.12- , 2017 before me, the undersigned notary public, personally appeared J nS6f'l eo L*eK- , who being by me duly sworn, did state that he is the authorized representative for Centurion Development, LLC, a Missouri Limited Liability Company, and that the within instrument was executed on behalf of said Centurion Development, LLC, a Missouri Limited Liability Company, 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. Notary Public My Commission Expires: BRITNIE MICE JONES Notary Public-Notary Seal Qece mat it, /to) 20 STATE OF MISSOURI Cape Girardeau County My Commission Expires: Dec. 16, 2019 Commission# 15909921 C\Uccn\cbmmnke\Deekiop\IDI:11vn State 101 161doc 00/08/17 Legal Description 20 N. Math Street, Cape Girardeau,MO 63701 Part of lots One (1) and Two (2) (old division) of Block One (1) in Range "C" in the City and County of Cape Girardeau,Missouri, described as follows: Start at the Southeast corner of Lot 2,Range "C", formed by intersection of North line of Independence Street with the West line of Water Street; thence North along the West line of Water Street, 210 feet; thence West parallel with Independence Street, 134 feet to the East line of Main Street, thence South along the East line of Main Street, 131 feet to a point 79 feet North of the Southwest corner of Lot 2, Range :C., thence East, parallel with Independence Street, 52 feet; thence South parallel with Main Street, 79 feet to the North line of Independence Street; thence East along the North line of Independence Street,82 feet to the place of beginning LESS AND EXCEPTING part of Lots 1 and 2 (old division) of Block 1 in Range "C" in the City and County of Cape Girardeau, Missouri, described as follows: commence at the Southeast corner of said Lot 2, formed by intersection of the North line of Independence Street with the West line of Water Street, the place of beginning; thence along the West line of said Water Street, North 06 degrees 11' 26" East, 134.08 feet; thence leaving said West line, North 83 degrees 45'41"West, 134.00 feet to a point on the East right-of-way line of Main Street; thence along said East line, South 06 degrees 11'26"West, 55.08 feet; thence leaving said right-of-way line, South 83 degrees 45'41" East, 52.00 feet; thence South 06 degrees 11'26" West, 79.00 feet to a point on the North right-of-way line of said Independence Street;thence along said North line, South 83 degrees 45'41"East,82.00 feet to the place of beginning.