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Home My WebLink AboutRES.1465.05-17-1999BILL NO. 99-103 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AND INDEMNITY AGREEMENT WITH WARREN KOEHLER AND DARLA KOEHLER, TO PLACE CERTAIN IMPROVEMENTS ON CITY RIGHT-OF- WAY AT 1021 NORTH SPANISH STREET 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 Warren Koehler and Darla Koehler, to place certain improvements on City right-of-way at 1021 North Spanish Street in the City 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 , 19q. / ATTR G J, L s J. w2ed.y Deputy -City .Clerl I . Spra ling, III, t7 LICENSE AND INDEMNITY AGREEMENT In consideration of the City Council of the City of Cape Girardeau, Missouri, granting Warren and Darla Koehler, hereinafter referred to as "Licensees", permission to place certain improvements and conduct certain activities on City property which is located at 1021 North Spanish Street in the City of Cape Girardeau, Missouri, Cape Girardeau County, Missouri. 1. The City of Cape Girardeau, Missouri, hereby grants to Licensees permission to undertake the following activities on the property: • To place a fence around the property • To mow and maintain the property to prevent the growth of noxious weeds, sprouts and tall grass, as necessary 2. The City of Cape Girardeau, Missouri, hereby specifically restricts the Licensees from: • Filling or grading on the property • Placing structures of any kind upon the property. 3. 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 ("RaW), hazardous substances as defined in the Comprehensive Environmental Response Compensation and Liability Act as amended DAFIood BuymUicense AVeemcnt • KoeMecdoc 05/06/99 CCERCIX) and toxic substances as defined in the Toxic Substances Control Act as amended CTSCA"). 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 the 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 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, should the City Council determine this to be in the best interest of the City. 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. 'Warren Koehler IN WITNESS WI=OF, the parties hereto have caused this agreement to be executed this day of , 1999. Michael G. Miller, City Manager ATTEST: Lois J. Tweedy Deputy City Clerk D Vlood Buyom\Ucense AgFeemem - KocWendoc 05/06/99 STATE OF MISSOURI ) ) ss. COUNTY OF CAPE GIRARDEAU ) On this day of , 1998, before me appeared Michael G. Miller, 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 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: STATE OF MISSOURI ) ) ss. COUNTY OF CAPE GI ARDEAU ) On this 7 04 day of &&w , 199% before me personally appeared Warren and Darla Koehler, to rite -' own to be the persons described in and who executed the foregoing instrument, and acknowledged that they executed the same as their free act and deed. In Testimony Whereof, I have hereunto set my hand and affixed my official seal at my office in said County and State the day and year first ab ve written. 6140/, YN L. 3A�2f�S [Typed Name of Notary Public] My Commission Expires: Carolyn L. Barks Notary Public - Notary Seal State of Missouri Cape Girardeau County My Comm--n—yo 06172WI DAFlood Buy=\licrose Aden[ • Koe6lcd« 05/06/99 :�'� �, fir.. •�' �'� ' ✓� ` ��. �� :.,, �� ° � .� .y: + .. 15 ^fir:• :� nn :.v An" CO Sub' ` � '` • ,� ,r4-- Ject Property -;CAP E 60 v 1 4(C�i ! 265x(5) �• K�� .� �� r • ��:. 04. 1,00 0 ♦'f Y t WLI ``, Ln 45 CO Ui