HomeMy WebLinkAboutRES.2147.02-21-2006BILL NO. 06-27
RESOLUTION NO. o?) y 1
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE A LICENSE AND INDEMNITY AGREEMENT WITH
DANNY STRATTON FOR THE PLACEMENT OF A FENCE ON HILL
STREET/RIVERVIEW DRIVE RIGHT-OF-WAY, IN THE CITY OF CAPE
GIRARDEAU, MISSOURI
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 Danny
Stratton for the placement of a fence on the Hill Street/Riverview Drive right-of-way, 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 , Ao-A 52006.
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(21a;*11- Knudtson, Mayor1��.•;;`y tit
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LICENSE AND INDEMNITY AGREEMENT
In consideration of the City Council of the City of Cape Girardeau, Missouri,
hereinafter known as "City", granting Danny Stratton, hereinafter known as "Licensee",
permission to place certain improvements and conduct certain activities on City right-of-way
for Hill Street and Riverview Drive as shown on Exhibit A in the City of Cape Girardeau,
Missouri, Cape Girardeau County, Missouri, the parties hereto state as follows:
1. The City of Cape Girardeau, Missouri, hereby grants to Licensee a license to
place certain improvements to -wit:
A six-foot high fence no closer than two feet from the edge of the pavement for
Hill Street and Riverview Drive on the City right-of-way in the location as
generally shown on Exhibit A.
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 ("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.
U:\Martha\Stratton License & Indemnity Agrmment.doc
02/08/06
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Feet
EXHIBIT A
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L�tior%f fence