HomeMy WebLinkAboutRes.2043.02-22-2005 BILL NO. 05-40 RESOLUTION NO. p,
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE A LICENSE AND INDEMNITY AGREEMENT
WITH SMS REAL ESTATE COMPANY, L.L.C. , FOR
SANITARY IMPROVEMENTS ON MARIA LOUISE LANE
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 SMS Real Estate Company,
L.L.C. , for sanitary improvements on Maria Louise Lane, in the
City and County of Cape Girardeau, Missouri . A copy of said
Agreement is attached to this Resolution and made a part hereof .
PASSED AND ADOPTED THIS DAY OF :)c-0,acLi
20
44.111
s0 ? B. Knudtson, Mayor
friAlS
, AL ' ) ;/
Gayle L. Co •ad
City Clerk
, •
LICENSE AND INDEMNITY AGREEMENT
In consideration of the City Council of the City of Cape Girardeau,Missouri,granting SMS Real
Estate Company,LLC permission to place certain improvements on City easements which are in IVIcu4cc
LOU.i52, lam, ri t- J' Ile
e City of Cape Girardeau,Missouri,Cape Girardeau County,Missouri.
1. The City of Cape Girardeau,Missouri,hereby grants to SMS Real Estate Company,LLC a
license to place certain improvements to wit: 1 ) C.QnS rad- and mc.&LhrlIttrl a
Zw -rt% wager szrutc.t tine, cJci' {he, 5au�}-I't. ri c(-of wuy,. tc
tvlc.ia, lA utse, Lane. -+o 5ery� .A.t.,49 s Frceen Q,u4at r-cl• 0
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 aforementionedM& io- lame, ,which may occur directly
or indirectly from the placing of said improvements on City right-of-way.
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.
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 on City right-of-way.
D. That they will keep said improvements which are placed on the City right-of-way 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. Nothing in this agreement or actions of the City in granting permission to place said
Improvements on the described right-of-way shall be construed to give them any
Irrevocable rights to keep said improvements on such right-of-way. The City
Council reserves the right to order the removal and cause said improvements to be