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Home My WebLink AboutRes.3410.06-07-2021 BILL NO. 21-78 RESOLUTION NO. 34-no A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AND INDEMNITY AGREEMENT WITH BRENNON TODT, FOR VARIOUS OUTDOOR IMPROVEMENTS AT 101 WILLIAM STREET, 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 Brennon Todt, for installation of a sidewalk, landscaping, entry steps, handrails and guardrails, patio sitting area with a fence, awnings at each tenant space, and drainage pipes, at 101 William Street, 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. PASSED AND ADOPTED THIS 7th DAY OF June , 2021 . Bob Fo , Mayor ATTEST: ,,,,,,,,,,,,,,NN,\ a e Q(/1 elAXPA9 1,r GayConrad, City Clerk ::i�r.„) ;,? ; % LICENSE AND INDEMNITY AGREEMENT 1.01 William Street — Cape Girardeau, M® In consideration of the City Council of the City of Cape Girardeau, Missouri, hereinafter known as "City", granting Brennon Todt, hereinafter known as "Licensee", permission to use and place certain improvements on City property which is adjacent to 101 William 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: New sidewalk at curb, landscape area, entry steps and landing for proposed tenant spaces with handrails and guardrails as require. ADA access to building. East side proposed patio sitting area for restaurant, 3 foot high decorative fence. New awnings attached to the building at each tenant space, drainage pipes as required for awning down spouts. 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 malting 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 theright 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 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 agreem-• to be executed this/ day of 710Vtx' , 2021. Dr.dire a in ATTEST: :=Ose age%jA ,ti� r Bruce Taylod.-puty City Clerk i V �' �� • STATE OF MISSOURI ss. '? * COUNTY OF CAPE GIRARDEAU ) N On this day of ittElltel , 2021, before me appeared Dr. Kenneth Hoskin, to me personally known, who, being by me duly sworn, did say that he/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. My Commission Expires: „Ii, dr)/ y/ i/: 3J3 /ao& Notary Public Signature ' "kit AMANDA L. MCKINNEY Notary Public Printeii'a e Not,,,y 1,01,1.c - Notary Seal OMISSOURI C-apeSJArL GirardeauF- County My Commission Expires March 3, 2022 Commission #14588193 y Brennon o2t e�l STATE OF COUNTY OF BE IT REMEMBERED, That on this 3 8") day of 2021, before me, personalty appeared Brendon Todt, to me known to be the person des ribed in and who executed the foregoing instrument, and acknowtedged that he executed the same as his free act and deed. IN WITNESS WHEREOF, .1 have hereunto set my hand and affixed my official seat, the date last above written. Notary P�utbli My Commission Expires: EL TRACY JSPRANDEL [NOURY PUBLIC -NOTARY SEAL STATE OF MISSOURI COUNTY TY P I D U OUNTY OF CAPE GIRARDEAU MISSION #12463049 24 My Commission Expires: November 4, 2024 E U C n 1T STEEL BOLLARD CCAS METERS GUAi AWN 411V4 PROPOSED FLOOR PLAN SCALE: 118" = 1'-0" PROJECT NORTH [NEW 5TEPS AND [NEW 5'-0" WIDE CONCRETE tEX15TING CONCRETE CURB GUARDRAIL5 / HANDRAIL5 SIDEWALK 5'-0" DEEP METAL AWNING - TYPICAL WILLIAM 5TREET SYMBOLS o EXI5TING WALL TO REMAIN EXI5TING TO BE REMOVED NEW WALL CON5TRUCTION 1 1 2 1 3 1 4 1 5 1 6 PRELIMINARY NOT FOR CONSTRUCTION THIS MEDIA SHOULD NOT BE CONSIDERED A CERTIFIED DOCUMENT aaQ� z z z 1 �I Q� • O � 2 Q O . CA � C't aall m � U ct a �l 0 O E-� rn N PRELIMINARY NOT FOR CONSTRUCTION THIS MEDIA SHOULD NOT BE CONSIDERED A CERTIFIED DOCUMENT CAD DWG FILE: FLOOR PLAN (3) DRAWN BY: PBS 20DJB CHECKED BY- PBS OOFYRlQHT- R LLP B. SMTH ARCHITECT LLC CORP. CERT. OF AU rR 2009027417 2020 M0. LIC. NO. A -M PROPOSED FLOOR PLAN aaQ� z z z z �I Q� O . CA � C't ct O U •� 0 CAD DWG FILE: FLOOR PLAN (3) DRAWN BY: PBS 20DJB CHECKED BY- PBS OOFYRlQHT- R LLP B. SMTH ARCHITECT LLC CORP. CERT. OF AU rR 2009027417 2020 M0. LIC. NO. A -M PROPOSED FLOOR PLAN aaQ� z z z z CAD DWG FILE: FLOOR PLAN (3) DRAWN BY: PBS 20DJB CHECKED BY- PBS OOFYRlQHT- R LLP B. SMTH ARCHITECT LLC CORP. CERT. OF AU rR 2009027417 2020 M0. LIC. NO. A -M PROPOSED FLOOR PLAN