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HomeMy WebLinkAboutRES.2628.06-20-2011BILL NO. 11-105 RESOLUTION NO. "m) 0ad A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AND INDEMNITY AGREEMENT WITH WATERWORK SPECIALTIES, INC., FOR IMPROVEMENTS ON INDUSTRIAL DRIVE, 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 Waterwork Specialties, Inc., for improvements to Industrial Drive, 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 0?04-6 DAY OF 20��. �TTEST Gayle L. ConraW City Clerk ger, Mayor Title of Document: Date of Document: RECORDER OF DEEDS COVER PAGE A. k'I'lllll'dll'�III'IIRII9 DOCUMENT # 2011-07272 SCOTT P. CLARK RECORDER OF DEEDS CAFE GIRARDEAU COUNTY, Mei RECORDED ON 07/01/2011 08:41 AM REC FEE: 33,00 PAGES., 4 License and Indemnity Agreement June 22, 2011 Grantor(s) Name & Address: City of Cape Girardeau 401 Independence Street Cape Girardeau, MO 63703 Grantee(s) Name & Address: Waterwork Specialties, Inc. 779 Enterprise Street Cape Girardeau, MO 63701 egal Description: A parcel of land located in U.S.P. Survey No. 222, Township 30 North, Range 13 East, described as follows: Start at the northwest corner of said U.S.P. Survey No. 222; thence South 7 �` • , degrees 30' West along the west line of Survey, 804.90 feet for the point of beginning; thence South 87 degrees 37 East, 205.84 p 9 g� 9 ' �►� feet for a corner; thence South 2 degrees 23' West, 120.0 feet for a corner; thence North 87 degrees 37' West, 214.48 feet for a corner in the west line of U.S. Survey No. 222; thence North 7 degrees 30' East along said west line, 120.31 feet to the point of L beginning. Reference Book & Page, if Required: q, LICENSE AND INDEMNITY AGREEMENT In consideration of the City Council of the City of Cape Girardeau, Missouri, hereinafter known as "City", granting Waterwork Specialties, Inc., hereinafter known as "Licensees", permission to place certain improvements and conduct certain activities on City property which is located at 779 Enterprise Street 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 Licensees a license to place certain improvements to -wit: • The use of the north 12 feet of the west Industrial Drive right-of-way from 30' west of Enterprise Street west 184 feet more or less for access and material storage. • The construction of a 6' tall chain link fence with gates in the right-of-way of Industrial Drive and in the front yard of Enterprise Street. • To construct a 4' concrete retaining wall adjoining the north right-of-way line of Industrial Drive. • To construct a driveway to access the gate off Industrial Drive. 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. 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 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 Licensees, 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. If the Licensee fails to 4• pay for any costs incurred by the City for such repairs or alterations, the City may issue tax bills which shall become alien against the land owned by the Licensee. 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 caul agreement to be executed this Cday of 2010. U WA R O PEC ES INC. ignatur1e Typed Name and Title STATE OF MISSOURI ) ss. COUNTY OF CAPE GIRARDEAU ) On this day oftil/}�-J , 2011, before me appeared Scott A. 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. My Commission Expires: �pgY PUS%, CAROL A. PETERS ?�'I�TARYGc' = MY Commission Expires SEAL ; November 17, 2012 Cape Girardeau Cwnm Commiselon #g$084121 STATE OF MISSOURI ) ss. COUNTY OF CAPE GIRARDEAU ) BE IT REMEMBERED, That on this ��d day of T^, 2011 before me, the undersigned, a Notary Public in and for the County and State aforesaid, ame 7 to me personally known, who, being by me duly sworn, did state that he is the of Waterwork Specialties, Inc., an that said instrument was signed in behalf of the corporation for the consideration stated therein and no other, and sai I ie{ } acknowledged said instrument to be the free act and deed of the corporation. 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. fnf `J () My Commission Expires: L'c ( k' ;' �- [Typed Name of Notary Public] `�pRY P(j�%, CAROL A. PETERS NOTARY -C'; My Commission Expires 9 . SEAL' November 17, 2012 Cape Girardeau County Commission #08684121 LICENSE AND INDEMNITY AGREEMENT In consideration of the City Council of the City of Cape Girardeau, Missouri, hereinafter known as "City", granting Waterwork Specialties, Inc., hereinafter known as "Licensees", permission to place certain improvements and conduct certain activities on City property which is located at 779 Enterprise 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 as shown on Exhibit A to -wit: • The use of the north 12 feet of the west Industrial Drive right-of-way from 30' west of Enterprise Street west 184 feet more or less for access and material storage. • The construction of an 6' tall chain link fence with gates in the right-of-way of Industrial Drive and in the front yard of Enterprise Street. • To construct a 4' concrete retaining wall adjoining the north right-of-way line of Industrial Drive. • To construct a driveway to access the gate off Industrial Drive. 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. 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 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 Licensees, 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. If the Licensee fails to pay for any costs incurred by the City for such repairs or alterations, the City may issue tax bills which shall become a lien against the land owned by the Licensee. 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 this day of .2010. Scott A. Meyer, City Manager ATTEST: Gayle L. Conrad City Clerk WATERWORK SPECIALTIES, INC. Signature Typed Name and Title STATE OF MISSOURI ss. COUNTY OF CAPE GIRARDEAU On this day of , 2011, before me appeared Scott A. 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. My Commission Expires: STATE OF MISSOURI ) ss. COUNTY OF CAPE GIRARDEAU ) BE IT REMEMBERED, That on this day of , 2011 before me, the undersigned, a Notary Public in and for the County and State aforesaid, came , to me personally known, who, being by me duly sworn, did state that he is the of Waterwork Specialties, Inc., and that said instrument was signed in behalf of the corporation for the consideration stated therein and no other, and said acknowledged said instrument to be the free act and deed of the corporation. 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. [Typed Name of Notary Public] My Commission Expires: