HomeMy WebLinkAboutRES.1466.05-17-1999BILL NO. 99-104
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE A LICENSE AND INDEMNITY AGREEMENT
WITH JAMES GROVES AND DEBRA GROVES, TO PLACE
CERTAIN IMPROVEMENTS ON CITY RIGHT-OF-WAY AT
2823 AND 2831 SOUTH SPRIGG 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 James Groves and Debra
Groves, to place certain improvements on City right-of-way at
2823 and 2831 South Sprigg 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 ?"
19
A. 11. Spradling, III, May
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Deput'y ity Clerk
LICENSE AND INDEMNITY AGREEMENT
In consideration of the City Council of the City of Cape Girardeau, Missouri,
granting James and Debra Groves, hereinafter referred to as "Licensees", permission to
place certain improvements and conduct certain activities on City property which is located
at 2823 and 2831 South Sprigg Street in the City of Cape Girardeau, Missouri, Cape
Girardeau County, Missouri.
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 allow horses and/or cattle to graze on 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 will be undertaken 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
("ROW), hazardous substances as defined in the Comprehensive
DAFlood Buyota\Uceose Agr" n t - Gmves.doc
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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 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.
IN%V� FIEIjEQF,tthe parties hereto have caused this agreement to be
executed this day of Xj2 , 1998.
V
Michael G. Miller, City Manager
ATTEST:
Gayle L. Conrad
Deputy City Clerk
DAFlood Buymr\ ice Ageemew • Gmves.doc
11/24/98
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 GIRARDEAU )
On this( day of 1998, before me personally
appeared James and Debra Groves, to me known 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 above written.
r
My Commission Expires:
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Orland J. Bollinger, JR.
[Typed Name of Notary Public]
OX AND l BOUDIGU A
} .'CiAq Public-Notuy Seal
S.AiE OF I�SSOl1Al