HomeMy WebLinkAboutRES.2297.08-06-2007BILL NO. 07-139
RESOLUTION NO.`�
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE A LICENSE AND INDEMNITY AGREEMENT
WITH JASON MARTIN TO CONSTRUCT A RETAINING
WALL AT 2436 BROOKWOOD, 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 Jason Martin to construct a
retaining wall at 2436 Brookwood, in the City of Cape Girardeau,
Missouri. A copy of said Agreement is attached to this
Resolution and made a part hereof.
DAY OF ,
y B. nudtson, Mayor
ATTEST:
Gaylo)L. Conrad, City Clerk
20 t) � .
f.� . c I II II II VIII VIII IIII IIIIII VIII III I VIII VIII IIII IIIIII IIII IIII
* 2007 - 11754 5 *
---y 2007- 11754
JANET ROBERT
RECORDER OF DEEDS
CAPE GIRARDEAU COUNTY MO
� a RECORDED AND SEALED ON
08/15/2007 10:26AM
�5 'rt F3 -0s REC FEE: $61.00
PAGES: 5
NO
` tJi JANET ROBERT
«. Deputy
ll _
RECORDER OF DEEDS CERTIFICATE
NO.N.STANDARD DOCUMENT
THIS DOCUMENT HAS BEEN RECORDED AND YOU HAVE BEEN
CHARGED THE $25.00 NON-STANDARD FEE PURSUANT TO RSMo 59.310.3
AND THIS CERTIFICATE HAS BEEN ADDED TO YOUR DOCUMENT IN
COMPLIANCE WITH THE LAWS OF THE STATE OF MISSOURI
THIS PAGE HAS BEEN ADDED AS THE FIRST PAGE OF YOUR DOCUMENT-DO NOT REMOVE THIS PAGE
LICENSE AND INDEMNITY AGREEMENT
In consideration of the City Council of the City of Cape Girardeau, Missouri, hereinafter
known as "City", granting Jason Martin, hereinafter known as ."Licensee", permission to place certain
improvements and conduct certain activities on a City easement which is located at 2436 Brookwood
in the City of Cape Girardeau, Missouri, Cape Girardeau County, Missouri, the parties hereto state as
follows:
The City of Cape Girardeau, Missouri, hereby grants to Licensee a license to place certain
improvements to -wit:
A brick retaining wall located on and running the length of the rear property line of Lot 3,
Block 1, Brookwood Hills, also known as 2436 Brookwood.
2. Licensee and his successor, 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 there under. 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
07/03/07
STATE OF MISSOURI
COUNTY OF *t-
BE
IT REMEMBERED, That on this 0'---d/ay of , 2007, before me,
personally appeared Jason Martin, to me known to be the pers s) de ibed in and who executed
the foregoing instrument, and acknowledged that he executed the same as his 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.
A4V�--
My Commission Expires:
07/03/07
mohvs. ?W( C-
[Typed Name of Notary Public]
EY
NOTARY PUOBL C NOTS. ARYSEAL
APE G RARDEAU COUNTY
4409
MY COMMISSION EXPIRES NOVEMBER NOVEMBER 15, 2005
STORM SEWER EASEMENT
RETAINING WALL
BROOKWOOD DRIVE
e
STORM SEWER LINE
2436 BROOKWOOD
I
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