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Home My WebLink AboutRes.3385.02-15-2021 BILL NO. 21-24 RESOLUTION NO. 338,5- A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AND INDEMNITY AGREEMENT WITH RESTOREME LLC, FOR SIGN INSTALLATION LOCATED ADJACENT TO 811 BROADWAY, 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 Restoreme LLC, for installation of a projecting sign located adjacent to 811 Broadway, in the City of Cape Girardeau, Missouri . The Agreement shall be in substantially the form attached hereto, 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. 5.1c) ti PASSED AND ADOPTED THIS DAY OF •` ` w 2021 / ,1/1111111 - .dde- /fi jilir Bob ox, Mayor r ATTEST: la& 04 ' truce Tay , Deputy City Clerk r1, „' �' _ sH f I `�j/ !--*aPf _ ii y i LICENSE AND INDEMNITY AGREEMENT 811 Broadway Street—Cape Girardeau,MO In consideration of the City Council of the City of Cape Girardeau, Missouri, hereinafter known as "City", granting Restoreme, LLC, hereinafter known as "Licensee", permission to use and place certain improvements on City property which is adjacent to 811 Broadway Street 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 use and place certain improvements to-wit: To install a projecting sign that is installed on bracket 60 inches from building. Sign is 47.5" long and 48"wide. 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 w IN WI ESS WHEREOF, the parties hereto have caused this agreement to be executed this\ day of �Q\XA , 2021. Dre� .s 'n,City Manager 6 ATTEST: :z '�P �1' '3ruce TayloDeputy City Clerk ,,� , `z.t . . STATE OF MISSOURI ) ) ss. COUNTY OF CAPE GIRARDEAU ) On this °S day of cakcAVA , 2021, before me appeared Dr. Kenneth Haskin, to me personally known, who, being by me duly sworn, did say that she 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. I affkartigAL-4411 ! - Nou i lic Signature nii\Ctith � rreun 0/ Notary Public Printed Name MCKINNEY My Commission Expires: otaryNP�ublc Notary Seal c\‘';t -°'� i STATE OF MISSOURI � Cape Girardeau County My Commission Expires March 3, 2022 Commission #14588193 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. �+ OP • I �, / C�-4-- • I , . Restor- e, LLC By LV-6)1 fl l(,� 1 R,k_ Printed Name an TiA.e {5 cieit STATE OF MISSOURI ) ) ss. COUNTY OF CAPE GIARDEAU ) BE IT REMEMBERED, that on this ) 4 day of 1V Cv' , 2021 before me, the undersigned notary public, personally appeared S'✓s�,� f-1 -�Ft vc�� who being by me duly sworn, did state that he/she is the authorized representative for lstoreme, LLC, a Limited Liability Corporation, and that the within instrument was executed on behalf of Restoreme, LLC, a Limited Liability Corporation, and acknowledged that he/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. RICK H SINCLAIR ,/ Notary Public•Notary Seal ( LaTyTub11C ignature Cape Girarceau County-State of Missouri I Commission Number 21290098 My Commission Expires Aug 31, 2025 M ` 've 6)._/> Notary Public Printed Name My Commission Expires: