HomeMy WebLinkAboutRES.1859.01-21-2003BILL NO. 03-10
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE A LICENSE AND INDEMNITY AGREEMENT
WITH THE SECOND MISSIONARY BAPTIST CHURCH FOR
A TWO INCH WATER SERVICE LINE IN THE CITY OF
CAPE GIRARDEAU, MISSOURI
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
CAPE GIRARDEAU, MISSOURI, AS FOLLOWS:
SECTION 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 Second Missionary
Baptist Church for a two inch water service line, in the City of
Cape Girardeau. A copy of said Agreement is attached to this
Resolution and made a part hereof.
PASSED AND ADOPTED THISf DAY OF m 20 G3
l
iJay B Knudtson, Mayor
ATTEST:
Gayle;; . Conrad, City Clerk
LICENSE AND INDEMNITY AGREEMENT
In consideration of the City Council of the City of Cape Girardeau, Missouri, granting
&c mid Al SS�Ono, fu St permission to place certain improvements on
City easements which are in 935 (Qan Lang in the City of Cape Girardeau, Missouri,
Cape Girardeau County, Missouri.
1. The City of Cape Girardeau, Missouri, hereby grants to c��{�StCk, a license to
place certain improvements to wit: laa- a -
on SvpV o� oJ-a'n
-VtaleY Ltiae,
LcNne.
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 aa..j S -t- C' 4 , �� , which may occur directly or indirectly
, U
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
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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 removed in the future at the
cost of them , or their successors and assigns, should the City Council determine this to be
in the best interest of the City. In such event, they or their successors and assigns, agree
to remove said improvements within thirty (30) days of notice. Should they 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 them , 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 and upon their failure to pay
such costs the City may issue tax bills which shall become a lien against the land now owned
by them.
3. This license and the covenants herein contained shall run with the land and
inure to and be binding upon the successors, heirs and assigns of the respective parties.
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IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed this
7 ' day ot�9 LSA ,-3004, JC03 ,
6%ko.4 Pe.-tma.
Michael G. Miller, City Manager
ATTEST:
Gayle L. Conrad, City Clerk
STATE OF MISSOURI )
) SS.
COUNTY OF CAPE GIRARDEAU )
On this 17 day of , 20p3 , before me personally appeared LM"r T AAXEr-
, 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.
My Commission Expires:
IEKESADIANEeA TRELL
Notary Public Notary Seal
State of Missouri
County of Cape Girardeau
My Commission Exp. 08/21/2005
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STATE OF MISSOURI )
) ss.
COUNTY OF CAPE GIRARDEAU )
On this day of , 20_, 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.
Delores G. Needham, Notary Public
My Commission Expires:
October 8, 2005