HomeMy WebLinkAboutRES.2563.10-04-2010BILL NO. 10-127 RESOLUTION NO. C>2�T--�
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE A LICENSE AND INDEMNITY AGREEMENT
WITH BETHANY BAPTIST CHURCH FOR PARKING LOT
IMPROVEMENTS, 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 Bethany Baptist Church,
1712 Randol Avenue, for parking lot improvements, in the City of
Cape Girardeau, Missouri. A copy of said Agreement is attached
to this Resolution and made a part hereof.
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PASSED AND ADOPTED THIS DAY OF ��� 20 16
Harry E. iediger, Mayor
LICENSE AND INDEMNITY AGREEMENT
In consideration of the City Council of the City of Cape Girardeau, Missouri, granting
Bethany Baptist Church permission to place certain improvements within a portion of
Sherwood Drive in the City of Cape Girardeau, Missouri, Cape Girardeau County, Missouri.
1. The City of Cape Girardeau, Missouri, hereby grants to Bethany Baptist Church a
license to place certain improvements to wit:
Install an Asphaltic Concrete Parking Lot for Bethany Baptist Church (tnailin a address is
1712 Randol Avenue) on a portion of the platted Sherwood Drive Right of Wav (50 feet) in Ahna
Schrader Subdivision..
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
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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 Cite 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 pa}
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
��day of .�� i j�- , 2009.
Bethany Baptist Cl4urch
Scott Meyer, City Manager
AT'T'EST:
Gayle L. Conrad, City Clerk
STATE OF MISSOURI )
) SS.
COUNTY OF CAPE GIRARDEAU )
On this day of ::- Ii )t_.. _,2W, before me personally appeared
<.-}41 ' VI 1z%., -,r., , to me known to be the persons described in and who executed the
foregoing instrument, 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.
Notary Public
My Commission Expires: , — - -4;z
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0, ,lame Davie
Notary Public - Notary Seal
STATE OF MISSOURI
Cape Girardeau County
Commission #08459744
My Commission Expires 8-08-2012
STATE OF MISSOURI }
) ss.
COUNTY OF CAPE GIRARDEAU )
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On this _ day of , 009; before me appeared Scott Meyer, 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: