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Home My WebLink AboutRes.3263.06-03-2019BILL NO. 19-93 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AND INDEMNITY AGREEMENT WITH SOUTHEAST MISSOURI STATE UNIVERSITY, FOR INSTALLATION OF CONDUIT FOR SECURITY CAMERAS ALONG 350 NORTH HENDERSON AVENUE, 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, for the installation of conduit for security cameras along 350 North Henderson Avenue, 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 ATTEST: 3rd DAY OF June , 2019. Victor R. Gunn, DaZyor Pro Tempore ruce Tay ', Deputy City Clerk UT, � � Tx 4132074 RECORDER OF DEEDS COVER PAGE Title of Document: License and Indemnity Agreement Date of Document: May 23, 2019 Grantor(s) Name & Address: Southeast Mo State College 335 N Henderson Ave. Cape Girardeau, MO 63701 Grantee(s) Name & Address: City of Cape Girardeau 401 Independence Cape Girardeau, MO 63701 Legal Description: Lots 2,3,4,5,6,7 & BLK 1 Park Place Add Resolution Number and Date: 3263 June 3, 2019 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 at the 300 Block of N. Henderson Ave. to Parking Lot 1-21 in the City of Cape Girardeau, Missouri, Cape Girardeau County, Missouri, the parties hereto state as follows: The City of Cape Girardeau, Missouri, hereby grants to Licensees a license to place certain improvements to -wit. To install 2" Conduit under 300 block of North Henderson Avenue for Fiber connection to Parking Lot 1-21 located at 335 North Henderson Avenue for security cameras. 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, not 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 ("RCRN'), 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 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 wluch 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. NkN IN WITNES F, the parties hereto have caused this agreement to be executed this _—ice.. day of 2019 / /d ATTEST Bruce Taylor Deputy City Clerk STATE OF MISSOURI COUNTY OF CAPE RARDEAU On this day of personally known, who, being by Girardeau, Missouri, a Municipal foregoing instrument is the seal of said City by authority of its City Cob said City F 1 ti 1 i -- 6 ss. Vtckriaowledged 2019, before me appeared Scott A. Meyer, to me dulyy that he is the City Manager of the City of Cape �portate of Missouri, and that the seal affixed to the I Citsaid instrument was signed and sealed on behalf of icil asaid instrument to be the free act and deed of 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. Commission Expires: 131311 AMANDA L. MCKINNEy } Notary Public - Notary Seal STATE OF MISSOURI Cape Girardeau County My Commission Expires March 3, 2022 Commission #14588193 Southeast Missouri State University S uthe# Missouri State niv An/ STATE OF 1 y V ) COUNTY OFCA", bA dA tfha" BE IT REMEMBERED, that on this ay of 2019, before me, the undersigned notary public, personally appeared Kathy Mangels, who being y me duly sworn, did state that she is the Vice President for Finance and Administration for Southeast Missouri State University, and that the seal affixed to the foregoing instrument is the seal of said University and that the said instrument was signed and sealed on behalf of said University by authority of its Board of Regents and acknowledge said instrument to be the free act and deed of said University IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the date last above written. My Commission Expires: CV - q - P, A __jA MLL. 7 " � . "Wrd' Notary Public ------------ LINDA WILKINSON Notary Public — Notary Seal Cape Girardeau County — State of Missouri Commission Number 13400444 My Commission Expires Jun 0, 2021