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Home My WebLink AboutRES.2476.07-20-2009BILL NO. 09-132 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AND INDEMNITY AGREEMENT WITH RYLAND DUTCH MEYR (NORWALD, INC.,) FOR A PORTION OF RIGHT-OF-WAY ON LASALLE AVENUE, 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 Ryland Dutch Meyr (Norwald, Inc.) for a portion right-of-way on LaSalle Avenue, in the City of Cape Girardeau, Missouri. A copy of said Agreement is attached to this Resolution and made a part hereof. r PASSED AND ADOPTED THIS � DAY OF ( ! 20 C ATTEST: �JB.7Krudtson, Mayor 6 Gayl . Conrad, City Clerk1 �40_ ��% Ti1E IIN� LICENSE AND INDEMNITY AGREEMENT In consideration of the City Council of the City of Cape Girardeau, Missouri, granting Ryland Dutch Meyr (Norwald, Inc.) permission to place certain improvements within a portion of the north Right of Way of La Salle Avenue in the City of Cape Girardeau, Missouri, Cape Girardeau County, Missouri. 1. The City of Cape Girardeau, Missouri, hereby grants to Norwald, Inc. a license to place certain improvements to wit: • Install a fence within the north right of way corridor of Lasalle Avenue from the east line of the SEMO University Foundation tract to the east line of the Ryland Dutch Meyr tract (Norwald, Inc.) 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 Right Of Way, which may occur directly or indirectly 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 -1- 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. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed day of , 2009. R nd Dutch Meyr (Norwald, Inc.) City of Cape Girardeau City Manager ATTEST: Gayle L. Conrad, City Clerk STATE OF MISSOURI ) ) SS. COUNTY OF CAPE GIRARDEAU ) ---7-- On this day of L G ?- , 2009, before me personally appeared , to me known to be the persons described in and who executed the fdegoing instrument,Ifffid 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 wri n. My Commission Expires: _ �Y cnRo� a its p��G� = My Commission Expires V b'v e� Q,t' r T 22� I Z :NOTARY :. _ November 17, 2012 . SEAL Cape Girardeau County Commission #08684121 —3— STATE OF MISSOURI ) ) ss. COUNTY OF CAPE GIRARDEAU ) On this day of , 20_, before me appeared , 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. Notary Public My Commission Expires: