HomeMy WebLinkAboutRES.1618.10-23-2000BILL NO. 2000-259
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY
MANAGER TO EXECUTE A LICENSE AND
INDEMNITY AGREEMENT WITH RONALD
DONNER AND JUANITA DONNER, FOR
CERTAIN IMPROVEMENTS ON STODDARD
STREET RIGHT-OF-WAY
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 Ronald Donner and Juanita
Donner, for placement of certain improvements on Stoddard Street
right-of-way. A copy of said Agreement is attached to this
Resolution and made a part hereof.
PASSED AND ADOPTED THIS DAY OF , 20&Z*-'�.
A. M. Sp adling, III, a or
ATTEST:
Ac
Gayle d. Conrad, City Clerk
LICENSE AND INDEMNITY AGREEMENT
In consideration of the City Council of the City of Cape Girardeau, Missouri,
granting Ronald and Juanita Donner, hereinafter known as "Licensees", permission to place
certain improvements and conduct certain activities on City property which is located in the
Stoddard Street right-of-way on the north side of the Licensees' property at 1229 N West
End Blvd. and in the alley at the rear of the Licensees' property at 1229 N West End Blvd.
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 and conduct certain activities (see Exhibit A), to -wit:
A. To construct and maintain a gravel drive from the east end of the improved
Stoddard Street along the alley at the rear of the property at 1229 N West
End Blvd.
B. To maintain a 25 -foot by 25 -foot gravel parking lot adjacent to N West End
Blvd. and gravel driveway in the Stoddard Street right-of-way.
C. To generally maintain and landscape a 15 -foot wide strip along the north side
of the Licensees' property at 1229 N West End. Blvd.
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 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
("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 ("TSCN'). Anyoperations on the propertyshall
\\CGI AIPHA\Planning\Manha\Donner license & IndemnityAgm=ent.doc
10/18/00
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Exhibit A
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25' by 25'
gravel parking lot
15 -foot wide
maintenance area
Area to be deeded
to property owners
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