HomeMy WebLinkAboutRES.1596.08-07-2000e
BILL NO. 2000-209
RESOLUTION NO. 15q
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE A LICENSE AND INDEMNITY AGREEMENT
WITH THE VILLAGE POOL CORPORATION TO ERECT A
SIGN AND CONSTRUCT A GROUPING OF MAILBOXES
WITHIN THE RIGHT-OF-WAY OF VILLAGE DRIVE
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 the
Village Pool Corporation to reconstruct a sign and construct an island with a grouping of
mailboxes within the right-of-way of Village Drive. A copy of said Agreement is attached to
this Resolution and incorporated herein.
PASSED AND ADOPTED THIS -7+k DAY OF , 2000.
A. 3. Spradling, III, Mayor
ATTEST:
Gayl9 L. Conrad
City Clerk
r"
Gayl9 L. Conrad
City Clerk
LICENSE AND INDEMNITY AGREEMENT
In consideration of the City Council of the City of Cape Girardeau, Missouri,
granting Village Pool Corporation, hereinafter known as "Licensees", permission to place
certain improvements and conduct certain activities on City property which is located at
Village Drive in the City of Cape Girardeau, Missouri, Cape Girardeau County, Missouri.
1. The City of Cape Girardeau, Missouri, hereby grants to Licensees a license to
place certain improvements to -wit:
a. One sign which is approximately five (5) feet by twelve (12) feet
b. One set of mailboxes inside of a curbed area which is four (4) feet by
twenty-two (22) feet.
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 parry 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. 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 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
DAMarc}u\Village on Green Ui e.doc
08/02/00