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Home My WebLink AboutRes.3448.11-15-2021 BILL NO. 21-178 RESOLUTION NO. 3 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AND INDEMNITY AGREEMENT WITH SOUTHEAST MISSOURI STATE UNIVERSITY FOR FIBER OPTIC IMPROVEMENTS BETWEEN BROADWAY STREET AND BELLEVUE 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 Southeast Missouri State University for Fiber Optic Improvements between Broadway Street and Bellevue Street south of Houck Stadium, 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 l5g— DAY OF Mi(epier, 2021 . Bob Fox, Mayor ATTEST: V su off' �r �1 Bruce Tay , City Clerk ,=- q 4oi TIIE IIty'3 7l 3 4*1 BILL NO. 21-178 RESOLUTION NO. 9<,-/--;q5 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AND INDEMNITY AGREEMENT WITH SOUTHEAST MISSOURI STATE UNIVERSITY FOR FIBER OPTIC IMPROVEMENTS BETWEEN BROADWAY STREET AND BELLEVUE 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 Southeast Missouri State University for Fiber Optic Improvements between Broadway Street and Bellevue Street south of Houck Stadium, 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 l57 DAY OF y10mtff' , 2021 . Bob Fox, Mayor ATTEST: 441' A f,41.0 figigWirWO Bruce Ta yr, City Clerk 1 ,0 ;TY1 tieZ` ti;_ 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 "Licensee", permission to place certain improvements and conduct certain activities on City property which is located between Broadway and Bellevue south of Houck Stadium in the City of Cape Girardeau, Cape Girardeau County, Missouri, the parties hereto state as follows: 1. The City of Cape Girardeau, Missouri, hereby grants to Licensee a license to place certain improvements to-wit: Two 4 inch Conduits containing Fiber Optics, as shown on Exhibit A, to be directionally bored under Houck Place between Bellevue St. and Broadway and traversing through a platted alley in Block 2, between Lots 1-7 & 9-11, on Matteson Terrace, as recorded in the Land Records of Cape Girardeau County in Plat Book 3, Page 8, in the City of Cape Girardeau.A hand hole will also be placed within the grass median on Houck Place for future access and maintenance. 2. Licensee, it's successors 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. 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. 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 Licensee, it's successors and assigns, for any reason. In such event, Licensee, it's successors and assigns, agree to remove said improvements and to cease such activities within thirty(30) days of notice. Should Licensee, it's successors 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 Licensee, it's successors or assigns, thirty(30) days notice and such persons, successors 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 and assigns of the respective parties. (Signature Page to Follow) sx.IDI,,WITNESAW_HKRE,1 ✓ ,F ^part' hereto have caused this agreement to be executed this da of N, 1, 20 1 N. 2.---- Dr. eHaskin, Cit u • •.•er rn'-.-4--) r ATTEST: =-`0A.PE a /lit- tti.t. La.A.(7-e-jit)ruce Taylor ( R Deputy City Clerk ‘'= i•: , STATE OF MISSOURI ) �{`'1 # 1v-- ) ss. COUNTY OF CAPE GIRARDEAU ) On this \ \ day of �.a\ l , 20 ,before me appeared Dr. Kenneth Haskin, City Manager, 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 WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the date last above written. , 1101111111104 lAttiL., '" a i Ln 4gp Noa111":i' - LL %' Nota Printed Name My Commission Expires: AMANDA L. MCKINNEY C\7ci�- ) Notary Public- Notary Seal 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. Southeast Missouri State University Finance and Admistration Signature )1zrzl/ig- Printed Tame and Title • STATE OF 6, SV(J,r1 ) ss. COUNTY OF MI IN/. I ! BE IT REMEMBERED, that on this '2.(1 day of Q I_CV , 2021 , before me, the undersigned notary public, personally appeared Dr. Brad Sheriff, Vice r,President of Finance and Administration, known to me to be the person whose name is oA C kri(4 , on behalf of the subscribed to the within instrument and acknowledged that he/she has executed the same for the purposes therein contained, and with the full authority of the Southeast Missouri State University. IN WITNESS WHEREOF, I have hereunto set my hails and affixed my official seal, the date last above written. AMY BETH HANCOCK ► �is� e� _' h Notary Public—Notary Seal ` • STATE OF MISSOURI otary' bllc Cape Girardeau County Commission Number 20557871 &A)\°\ v „ k 2_8,2024 __A!, W — — Notary Pri ted Name My Commission Expires: Ot(1.I28-)2oDA