HomeMy WebLinkAboutOrd.1573.08-01-1994 �
BILL NO. 94-196 RESOLUTION NO. 1�- ?_,
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO
ENTER INTO A LICENSE AND INDEMNITY AGREEMENT
WITH MIKE MATHES AND RICHARD AND TAMMY
KIRKPATRICK FOR PROPERTY AT NORTHEAST CORNER
OF INDEPENDENCE AND CARUTHERS STREETS.
BE IT ORDAINED 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 enter into a
License and Indemnity Agreement with Mike Mathes and Richard and
Tammy Kirkpatrick, Cape Girardeau Motors, to construct and maintain
certain improvements to property located at the northeast corner of
Independence and Caruthers Streets. A copy of said Agreement is
attached to this Ordinance and made a part hereof.
ARTICLE 2 . Pursuant to Section 3 . 15 of the Charter of the
City of Cape Girardeau, Missouri, this measure is adopted as an
emergency measure as it constitutes a Bill concerning the immediate
preservation of public peace, property, health, safety or morals.
Accordingly, this ordinance will take effect immediately upon its
passage and approval .
PAS S ED AND ADOPTED TH I S ��� DAY OF ���/i sr`i�_`r , 19
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,�� �-�.
A. . ra ling, III
Mayor
ATTEST:
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Gayle L`. Conrad
Deputy City Clerk
,�. r�.
LICENSE AND INDEMNITY AGREEMENT
In consideration of the City Council of the City of Cape
Girardeau, Missouri, granting Michael Mathes, a single person, and
Richard Kirkpatrick and Tammy - Kirkpatrick, husband and- wife,
permission to place certain improvements on Independence Street and
Caruthers Street right-of-way in the City of Cape Girardeau,
Missouri, Cape Girardeau County, Missouri.
THE PARTIES MUTUALLY AGREE AS FOLLOWS :
l. The City of Cape Girardeau, Missouri, hereby grants to
Michael Mathes, Richard Kirkpatrick and Tammy Kirkpatrick, a
license to construct and maintain certain improvements, to-wit:
concrete pavement between the right-of-way line and existing
sidewalk on IndependencP Street and between the right-of-way line
and the existing curb on Caruthers Avenue as described in Exhibit
A, attached hereto and made a part hereof.
2 . Michael Mathes, Richard Kirkpatrick and Tammy
Kirkpatrick, 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
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.
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: . �
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 desc.ription brought
against the City, its officers, employees, agents and servar�ts for
or on account of any injuries or damages r-eceived 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 on City right-of-way.
D. That they will not block the street to prevent two-
way traffic during the installation of said improvements. = -
D. l . That they will not park or display vehicles on
the area covered by this agreement and will not allow others to
park or display vehicles on the area covered by this agreement.
E. 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.
F. 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 Michael Mathes, Richard
Kirkpatrick and Tammy Kirkpatrick 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 Michael Mathes, Richard
Kirkpatrick and Tammy Kirkpatrick or their successors and assigns,
should the City Council determine this to be in the best interest
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of the City. In such event, Michael Mathes, Richard Kirkpatrick
and Tammy Kirkpatrick or their successors and assigns, agree to
remove said improvements within sixty ( 60 ) days of. notice. Should
Michael Mathes, Richard Kirkpatrick and Tammy Kirkpatrick o�. �heir
successors, heirs or assigns fail to comp�y 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 Michael Mathes, Richard Kirkpatrick and
Tammy Kirkpatrick 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 Michael Mathes, Richard Kirkpatrick
and Tammy Kirkpatrick.
4 . 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 thi,s
agreement to be executed this day of ,
19
J. Ronald Fischer, City Manager
ATTEST:
Gayle L. Conrad, Deputy City Clerk
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, , �
Michael Mathes
Richard Kirkpatrick
Tammy Kirkpatrick
STATE OF MISSOURI )
) ss.
COUNTY OF CAPE GIRARDEAU )
On this day of , 199 , before me
appeared J. Ronald Fischer, 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 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
by official seal, at my office in Cape Girardeau, Missouri, the day
and year first above written.
Delores G. Needham, Notary Public
My Commission Expires:
October 8 , 1996
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t
STATE OF MISSOURI )
) ss.
COUNTY OF CAPE GIRARDEAU )
On this day of , 199 , before
me personally appeared Michael Mathes, a single person, to me known
to be the person described in and who executed the for-egoing
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.
[Typed Name of Notary Public�.� -
My Commission Expires: _
STATE OF MISSOURI )
) ss.
COUNTY OF CAPE GIRARDEAU )
On this day of , 199 , before
me personally appeared Richard Kirkpatrick and Tammy Kirkpatrick,
husband and wife, to me known to be the persons described in and
who executed the foregoing instrument, and acknow�edged 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.
[Typed Name of Notary Public]
My Commission Expires:
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