HomeMy WebLinkAboutRes.3129.11-20-2017 BILL NO. 17-179 RESOLUTION NO. 3A)9
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE A LICENSE AND INDEMNITY AGREEMENT
WITH CAPE GIRARDEAU SCHOOL DISTRICT NO. 63 ,
TO PLACE BANNERS ON LIGHT POLES, 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 Cape Girardeau School
District No. 63 , to place banners on light poles, 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, with such
changes therein as shall be approved by the officers of the City
executing the same.
PASSED AND ADOPTED THIS (QC)'DAY OF n06017 .
Harry E. Rediger, Mayor
ATTEST:
, ./-1.02b.''' „
4111'
LA t'p`=rgjb_ -in VI
Gayle Al. Conrad, City Clerk i�;. 1 =
LICENSE AND INDEMNITY AGREEMENT
In consideration of the City Council of the City of Cape Girardeau, Missouri, hereinafter known as
"City", granting Cape Girardeau School District No. 63, hereinafter known as "Licensees", permission to
place certain improvements and conduct certain activities on City property which is located along S. Silver
Springs Road, in the City of Cape Girardeau, Missoun, 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 City-owned light poles on
S. Silver Springs Road, adjacent to the property owned by Cape Girardeau School District No.
63 (1000 S. Silver Springs Road-Cape Central Senior High School and 1080 S. Silver Springs
Road-Cape Girardeau Career & Technology Center). Banners will be approved for display
year round. This License and Indemnity Agreement shall expire July 1, 2023.
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,
II/08/17
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 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.
IN WITNESS WHEREOF, the parties hereto have .used this agreement to be executed this
day of , 20174,
Scot A. Meyer, City Manager
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A1FEST / �S ��`�
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^ C�� \r{Bruce T
Deputy City Clerk t'
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STATE OF MISSOURI )
ss.
COUNTY OF CAPE�G,�IRARDEAU )
On this •Com` ay of I� / v , 2017, before me appeared Scott A. Meyer, to me
personally known, who, being by me duly 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.
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Cape Girardeau School District No. 63
Neil Glass, Superintendent
STATE OF MISSOURI
) ss.
COUNTY OF CAPE GIRARDEAU
BE IT REMEMBERED, that on this � = day of H G+1 ) , 2017, before
me, the undersigned notary public, personally appeared Neil Glass, who being by me duly sworn, did state
that he is the authorized representative for Cape Girardeau School District No. 63, and that the within
instrument was executed on behalf of said Cape Girardeau School District No. 63, 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.
N.tarp Public
My Commission Expires:
n
/61, CSANDRAJ. ROSS
Notary Public, Notary Seal
State 01 Missouri
Wayne County
Commission # 15061 765
My Commission Expires June 18, 2019
u/os/w
BILL NO. 17-179 RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE A LICENSE AND INDEMNITY AGREEMENT
WITH CAPE GIRARDEAU SCHOOL DISTRICT NO. 63,
TO PLACE BANNERS ON LIGHT POLES, 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 Cape Girardeau School
District No. 63, to place banners on light poles, 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, with such
changes therein as shall be approved by the officers of the City
executing the same.
PASSED AND ADOPTED THIS DAY OF , 2017.
Harry E. Rediger, Mayor
ATTEST:
Gayle L. Conrad, City Clerk
LICENSE AND INDEMNITY AGREEMENT
In consideration of the City Council of the City of Cape Girardeau, Missouri, hereinafter known as
"City", granting Cape Girardeau School District No. 63, hereinafter known as "Licensees", permission to
place certain improvements and conduct certain activities on City property which is located along S. Silver
Springs Road, 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 City -owned light poles on
S. Silver Springs Road, adjacent to the property owned by Cape Girardeau School District No.
63 (1000 S. Silver Springs Road -Cape Central Senior High School and 1080 S. Silver Springs
Road -Cape Girardeau Career & Technology Center). Banners will be approved for display
year round. This License and Indemnity Agreement shall expire July 1, 2023.
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 ("CERCLN) 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,
11/88/17
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 bills which shall become alien 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 caused this agreement to be executed this
day of 12017.
Scott A. Meyer, City Manager
ATTEST:
Bruce Taylor
Deputy City Clerk
STATE OF MISSOURI )
) ss.
COUNTY OF CAPE GIRARDEAU )
On th s day of , 2017, before me appeared Scott A. Meyer, to me
personally known, who, being by me duly 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.
II/08/1]
Cape Girardeau School District No. 63
���
Neil Glass, Superintendent
STATE OF MISSOURI )
) ss.
COUNTY OF CAPE GIRARDEAU )
BE IT REMEMBERED, that on this day of 2017, before
me, the undersigned notary public, personally appeared Neil Glass, who being by me duly sworn, did state
that he is the authorized representative for Cape Girardeau School District No. 63, and that the within
instrument was executed on behalf of said Cape Girardeau School District No. 63, 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.
tary Public
My Commission Expires:
SANDRA J. ROSS
Notary 0 y Public, Notary Seal
State of Missouri
Wayne County
Commission # 15061 765
My Commission Expires June 16, 2019 JI
11/08/❑