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HomeMy WebLinkAboutRES.2295.08-06-2007BILL NO. 07-135 RESOLUTION NO. �,A 95 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AND INDEMNITY AGREEMENT WITH THE SOUTHEAST MISSOURI CHILDREN'S MUSEUM AND MERRIWETHER INVESTMENTS, INC., FOR CONSTRUCTION OF A WALKWAY AND HANDICAPPED ACCESS TO THE BUILDING LOCATED AT 101 WILLIAM STREET, 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 the Southeast Missouri Children's Museum and Merriwether Investments, Inc., for construction of a walkway and handicapped access to the building located at 101 William Street, in the City of Cape Girardeau, Missouri. A copy of said License and Indemnity Agreement is attached to this Resolution and made a part hereof. PASSED AND ADOPTED THIS DAY OF ATTEST:` Gayle �:izy uierK LICENSE AND INDEMNITY AGREEMENT In consideration of the City Council of the City of Cape Girardeau, Missouri, hereinafter known as "City", granting the Southeast Missouri Children's Museum and Merriwether Investments, Inc., hereinafter known as "Licensees", permission to place certain improvements and conduct certain activities on City property which is located at the corner of William Street and Aquamsi Street 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 Licensees a license to place certain improvements to -wit: Improvements to the building at 101 William, including a 13 -foot wide walkway along the William Street side of the building and a 9 -foot wide walkway along the Aquamsi Street side of the building to allow handicapped access to the building, as shown on Exhibit A. Landscaping and a public sidewalk are also included in these improvements. 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 ("RCRN ), 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. 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 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 STATE OF MISSOURI ) ) ss. COUNTY OF CAPE GIRARDEAU ) BE IT REMEMBERED, That on this /5f day of A-r.� r- , 2007 before me, the undersigned, a Notary Public in and for the County and State aforesaid, came Martha Brown, to me personally known, who, being by me duly sworn, did state that she is the President of the Board of Directors of the Southeast Missouri Children's Museum, and that said instrument was signed in behalf of the Southeast Missouri Children's Museum for the consideration stated therein and no other, and said Martha Brown acknowledged said instrument to be the free act and deed of the Southeast Missouri Children's Museum. 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. LADONNA LAUD Notary Public -Notary Seat State of Missouri County of Scott ... My Commission Exires Au& 4, 2007 [Typed Name of Notary Public] My Commission Expires: STATE OF MISSOURI ) ) ss. COUNTY OF CAPE GIRARDEAU ) BE IT REMEMBERED, That on this W- - day of /— —32007 before me, the undersigned, a Notary Public in and for the County and State aforesaid, came Jerrianne M. Wyman, to me personally known, who, being by me duly sworn, did state that she is the President of Merriwether Investments, Inc., and that said instrument was signed in behalf of the company for the consideration stated therein and no other, and said Jerrianne M. Wyman acknowledged said instrument to be the free act and deed of the company. 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. L,ADONNA LAUS Notary Public -Notary Seal State of Missouri County of Scott My Commission Expires Aug. 4, 2007 [Typed Name of Notary Public] My Commission Expires: F— E.E..E W NEW FENCED DUMPSTER E%ISPIC ENCLOSURE W/ACCESS GATES RIBBON➢ 1FS (KMY FENCE STYLE WI OWNER) � A —LNVAC rte. EASIING OFFICE NEW FINISHES ONLY NEM cw_ _ rr PARIONC AREA I L COI W4 I' TO Al.RFN- 5f0P _ m, NEW FINISHES ONLY r IDC OUTLINE OF I % 1LT6. EASE N1ICREIE PAD TO RENA' FJNPlOYFE 3 O .WXl.f? SR7HOAY PARTY C16SMOOM AREA EASDNC OFFICE TO REMAIN - NEW FINISHES ONLY ^ �e�cY t O WALLS TO REMAIN ENTRY /EXIT NEW ALUM. STOREFRONT >- I AND DOORS ODIERED - EXIT - Elm /� 13 6• A 6 I 31T- r7 1/2' DIA STEEL TG;, YP. 1 GUARDRAIL —VJIDSGPIIIC— FLOOR PLAN . —MIEK AREA— NEW WALL L ••^ zn C NEW DOOR 5 r� N I m I . DEMO FASTING DRIVE -01St CURB AND I ■ t I INSTALL NEW 6' X 6' I• --.2 I COMIC. CURB I w.�� I UE WOOD BEAUS ADOVE: - I I I Q 'J3� 5I �. lJ Id• r A `��' El(HIBITION EASE DIMING DISPLAY AND WALL - 6/B• TYPE AREA OPENING DIMENSION SHALL BE VERFWD ofGYP a � 4EACH � er. 2. REMOVE IXSTING DOOR AND WINDOW (SEE STUDS AT 16' 0. m P EbsE VENDING EASE. O .WXl.f? SR7HOAY PARTY C16SMOOM AREA EASDNC OFFICE TO REMAIN - NEW FINISHES ONLY ^ �e�cY t O WALLS TO REMAIN ENTRY /EXIT NEW ALUM. STOREFRONT >- I AND DOORS ODIERED - EXIT - Elm /� 13 6• A 6 I 31T- r7 1/2' DIA STEEL TG;, YP. 1 GUARDRAIL —VJIDSGPIIIC— FLOOR PLAN LEGEND NEW WALL f C NEW DOOR 5 r� N S IXSINNC . ■ t I TOP OF O�IT T © --.2 I i , < CXUDNG Y I COlU1N Tr. -TMP. LEAST. UE WOOD BEAUS ADOVE: - I I I - IMP. AT EACH COWkN SET I r A `��' El(HIBITION EASE DIMING DISPLAY AND WALL - 6/B• TYPE AREA OPENING DIMENSION SHALL BE VERFWD ofGYP a � 4EACH IO 2. REMOVE IXSTING DOOR AND WINDOW (SEE STUDS AT 16' 0. DEMO. PUN) AND INSTALL NEW ALUMINUM VENDING EASE. '-E)pST. DIMENSION SHALL BE VERIFIED BY STOREFRONT INSTALLER PRIOR TO INSTALLATION. I CW1NN BE,W DIST. AROSE COIAH z I J METAL 7RIY TO MATCH NEW STOREFRONT OPENINGS (SEE DETAIL). 4. INSTALL NEW 4' THK. CONCRETE SIOELWALK WITHIN CITY OF WE GIRARDFiW RIGHT-OF-WAY. PRONOE 4• THK. BASE ROCK. Q I� A 5. INSVi1 NEW 4• W. CONCRETE SOEwALK ■ ® ■ i1W o NTER NEW WALLS , ^ ON EASTWG OWNER). INSTALL NEW HARDWARE (SEE DOOR o ><AW Aru E7SET.1 m lzst Y gANCE COLUMN FA WAY 7, BIRTHDAY PM1T NtUTO HAVE OECORATNE LL __P�__ ____________________ CONTRACTOR SHALL COORDINATE W/ OWNER ON � EAST. A EAST. OVERHEAD r� ti PHONE CONDUIT TO WORDS I ` D BOARD CiRKa1 SYY'' 6'-10't ROOM / NEW ALUM. WIER BASE Q STOREFRONT I H CLIEBAE AND DaplS .. .............. ............ . .... ................................r........... ..._... —OURKE O MOVE GAS METEROAHANG Tm? (SEE L¢GL) T / W 7I RASP - UP VOIIFY ON STE 11.1 YAX SLOPE L•12 a P 1101ATE "'THIS WATER METER - SEE PLUMBING PUN LEGEND NEW WALL — ENSTYIG WILL C NEW DOOR 5 L S IXSINNC WALL MOUNTED FIRE EXINlGV6HER r'S TOP OF O�IT T © � /•-7 14uAFi. (LOCATIONS BE VERIFIED WITH FIRE MARSAII) `�� UE KEYNOTES®� IX t. NEW ALUMINUM AND DOORS IN G. REFRAME EYJAINO OPENING - AS R'Q ED. REP CING AN AS REOVWm. REPLACING ANY 0`AVLiD WpOp, OPENING DIMENSION SHALL BE VERFWD STOREFRONT INSTALLER PRIOR TO WSTALUDON. 2. REMOVE IXSTING DOOR AND WINDOW (SEE DEMO. PUN) AND INSTALL NEW ALUMINUM STOREFRONT AND DOORS. SEE DETAILS FOR HEAD, JAMB MD NEW STEEL UNIEL OPENING DIMENSION SHALL BE VERIFIED BY STOREFRONT INSTALLER PRIOR TO INSTALLATION. 3. WRW EOS TING WOOD TRIM BOARDS AT COSTING OITMEAD DOOR WITH PRE-FINLSHED BRIBE METAL 7RIY TO MATCH NEW STOREFRONT OPENINGS (SEE DETAIL). 4. INSTALL NEW 4' THK. CONCRETE SIOELWALK WITHIN CITY OF WE GIRARDFiW RIGHT-OF-WAY. PRONOE 4• THK. BASE ROCK. A11 WORK TO BE IN ACCORDANCE WITH CITY OF WE GIPMDFAU STMOARDS. 5. INSVi1 NEW 4• W. CONCRETE SOEwALK WITHIN CITY OF CAPE GIRARDEAU Z RIGHT-OF-WAY. PRONDE 4• INK, BASE ROCK, ALL WORK M BE IN ACCORDANCE WN CRY OF CPE GIRARDEAU STANGWDS, 6. EXISTING DOORS TO REMAIN. INSTALL NEW PRE FINISHED BRN(E METAL TRIM AT JAMBS. SAND, PRIME, ALIO PNM DOORS (COLOR BY O OWNER). INSTALL NEW HARDWARE (SEE DOOR o HARDWARE SCHEDULE). - 7, BIRTHDAY PM1T NtUTO HAVE OECORATNE LL ENTRANCE INSTALLED (BY OWNER). GENERAL A CONTRACTOR SHALL COORDINATE W/ OWNER ON DESIGN PRIOR TO CONSTRUCTION. r� ti H 0 Z) h � L PROJECT LOCATION: sg? LEWIS —CLARK PARKWAY, V. CAPE GIRARDEAU, MISSOURI P ROJ ECT LEWIS —CLARK CAPE GIRARDE r g - fl s j to /in l / AL V, v LEAIG & CLARK PARK'.'JAY PHASE I a ':sc r � NJ LEWIS & CLARK PARKWAY PHASE 11 CD LEVVS CLARK PARKWAY PHASE Ill INDICATED FROM CAPE GIRARDEAU AND JACKSON, MO USGS QUADRANGLE MPAS Scale 1 :25,000 1'. 2,083 ft (0 2001 Del-orme. XJVtap(&. Data copyright of content ow.— Zoom Level: 13-0 WIC;S84