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Home My WebLink AboutRes.3135.12-18-2017 BBILL NO. 17-196 RESOLUTION NO. 1.1.3/.35- A 3/,35A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AND INDEMNITY AGREEMENT WITH SOUTHEAST MISSOURI STATE UNIVERSITY, TO INSTALL FIBER OPTIC CABLE IN NORTH PACIFIC STREET, NORMAL AVENUE, AND NORTH SPRIGG STREET RIGHT-OF-WAY, 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 Southeast Missouri State University, to install fiber optic cable in North Pacific Street, Normal Avenue, and North Sprigg Street right-of-way, 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 \ t"1" DAY OF 1 , 2017 . -- yo Harry E. ediger, Mayor ATTEST: ; S---'4, ,; (,; , ci. ic-,)\, ® i r.) aa,,,,, ,.., Tayl•� Deputy City Clerk `\ etCr;"- 'I' I"� `' m? JR l LICENSE AND INDEMNITY AGRE EMENT 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 N. Pacific Street, Normal Avenue, and N. Sprigg Street in the City of Cape Girardeau, 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 48 strand, armored, single mode fiber optic cable from Licensee's existing tunnel system at Academic Hall (900 Normal Avenue) to their Facilities Management Service Center (610 Washington Avenue). The attached map shows the proposed route with the vault. locations circled. The fiber will be installed inside a 2" inter duct and depending on the cost, a spare 2" inter duct may be installed as well. 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 malting 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 C:\Uee¢\ck ufman\AlrpDnla\Local\bliarosoR\\Vindows\'1'emhoeary Inmenee Pilev\Comm�tOutlook\H012GAUG\License InAemniry Aycemeno SPtvlO Univeesity fber op¢c C6.Aoc I2/OG/1] 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 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 caused this agreement to be executed this day of�p�' {r , 2017. „ �,6. . ott A. Meye•• 1 ana:er • nterk ATTEST: _-�rV +d, a Ar fA -a :ruce Ta for ` w',Y iy4 _1�4-V c4 rn: Deputy City Clerk ?a -- (4p I�p cc .6O �yb5, II Oe ' t.TrtE UNION %, Oa: ,;^r-eAL"• .:Y'- { STATE OF MISSOURI ) ) ss. COUNTY OF CAPE IRARDEAU ) . • On this 8day of balnatAi , 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. ,tidy Pak, AMANDA L.MCKINNEY be �G,: My Commission Expires :NOt ;,lath 3.2019 SEAL,,ge` Ctpc:i�rErdeau Gam; • ,OF fJl\?:' Commission 914599193 C\UsenviadnrAAppD2a\t svdnofi\Wodo s\Tmpcnry Ts,Hes\GM:mcOodook\EOI26AOG\rpt Indmuiiry nremmt-SENO UnT0,07 ibex 0P06 Clid0c 12/06/17 Southeast Missouri State University 04,/ VV K� by angels, VP or F ance & Administration STATE OF f M ) �p M. / ) S. COUNTY OF [I� Jai ASIA D ✓1.1.9 v BE IT REMEMBERED, that on this day of ?,d l , 2017, before me, the undersigned notary public, personally appeared Carlos Vargas, who being by 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.y A t `fk Notary Public My Commission Expires: 4 T bi' a1 ------------ LINDA WILKINSON Notary Public — Notary Seal Cape Girardeau County — Slate of Missouri Commission Number 13400444 My Commission Expires Jun 9, 2021 1:\Uses\ckeofmnn\AppDem\Local\Micreaok\Windows\'Cnnpeary Income[ Niles\Comm�cOntlook\A0126AOG\Iucenec Indemnity Agmmcn¢-SEMO Uoive�.city fibev opdc (.lS.doc 12/04/14