HomeMy WebLinkAboutCityMgrForm.649.03-15-1972 � ,
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CITY MANAGER FORM ORDINANCE NO.�
AN ORDINANCE GRANTING A LICENSE TO SAVEWAY DI5TRI�UTING COMPANY
AND APPROVING THE FORM OF A LICENSE AND INDEMNITY AGREEMENT FOR
IMPROVEMENT5 ON CITY RIGHT OF WAY BETWEEN THE CITY OF CAPE GIR-
ARDEAU, MI550URI AND 5AVEWAY DISTRI$UTING COMPANY
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WHEREAS, Saveway Distributing Company is the owner of
property located at 120 Broadway in the City of Cape Girardeau,
Missouri; and
WHEREAS, this property has heretofore had improvements
on City right of way; and
WHEREAS, Saveway Distributing Company desires to improve
said property and continue to have improvements on City right of
way; and
WHEREA5, said improvements will be in the public interest
because of the historical significance of said building and the
improvements made thereto.
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NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS:
SECTION 1. The City of Cape Girardeau, Missouri, hereby
grants to Saveway Distributing Company a license to place certain
improvements on City right of way which is adjacent to the West
side of the Saveway Oil Company Building at 120 Broadway, Cape
Girardeau, Missouri, said land is more particularly described in
a License and Indemnity Agreement attached hereto and incorporated
by reference as Exhibit A.
SECTION 2 . That the License and Indemnity Agreement, shown
as Exhibit A, between the City of Cape Girardeau, Missouri , and
Saveway Distributing Company authorizing improvements on City right
of way, is hereby approved in form and the Mayor is hereby authorized
to execute said document for and on behalf of the City of Cape
Girardeau, Missouri.
SECTION 3 . This ordinance shall be in full force and
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effect ten days after its passage and approval.
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PA5SED AND APPROVED THIS ' I5 UAY OF MARCH, 1972 .
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MAYOR
ATTEST:
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CITY CLERK
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LICENSE AND INDEMNITY AGREEMENT
In consideration of the City Council of the City of Cape
Girardeau, Missouri , yranting Saveway Distributing Company, a
Missouri Corporation, permission to place certain improvements in
accordance with plans attached hereto, on street right-of-way which
_ is immediately adjacent to the West side of Saveway Oil Company
Building located at 120 Broadway, Cape Girardeau, Missouri , said
land being more particularly describec� as follows:
Part of Lot 4 in Range "E" in the City of Cape
Girardeau, Missouri, described as follows :
Commence at the southwest corner of said Lot 4
in Range "E" formed by the intersection of Broadway
and 5panish Street; thence East along Broadway 5treet
20 feet; thence North parallel with Spanish Street
86 feet; thence ��Test para11e1 with Broac�way Street
20 feet to Spanish Street� thence South along Spanish
Street 86 feet to the point of beginning.
THE PARTIES MUTUALLY AGREE AS FOLLOWS:
1. The City of Cape Girardeau, Missouri , hereby grants to
Saveway Distributing Company a license to place certain improvements
in accordance with the plans attached hereto on street right-of-way
located immediately West of the described property.
2 . Saveway Distributing Company and their successors and
assigns agree as follaws :
A. That they will assume all risk of personal injury
or death and property damage or loss from whatever causes arising
while people approach, enter, use, or leave the Saveway Oil �
Company Building, 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 from any liability which
might occur from the placing of such improvements .
C. That they will indemnify and save harmless the City
of Cape Girardeau, its officers , employees , agents and servants
from all suits and actions of every name and description brought
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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 party �ahich may result directly or indirectly
from the placing of said improvements on City right-of-way along
the West side of the above mentioned k�uilding. That they will
keep in full force and effect a general liability insurance
policy with maximum liability limits of $1, 300 ,000 for personal
injury to or death of any one person in any one accident and
$1, 300 ,000 for personal injury or death of one or more persons
in any one accident listing the City as a coinsured thereunder .
D. That they will keen 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 nrotect the health and safety of the Citizens .
E . Nothing in this agreement or the actions of the City
in granting permission to plac� said improvements on the d�scribed
right-of-way shall be construed to give Saveway Distributing
Company 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 5aveway Distributing Company should this be in the
interest of the public welfare of the City. In such event,
Saveway Distributing Company agrees to remove said improvements
within thirty (30) days of notice .
F. Should Saveway Distri}auting �'ompany or their
successors or assigns f_ail to comply with any of the terms of
this agreemerit, the City of Cape Girardeau reserves the right
to terminate this agreement by giving Saveway Distributing Company,
their successors or assigns thirty (30) days notice, and have the
improvemerits which are on City riqht-of-way removed and Saveway
Distributing Company and thei'r successors and assigns hereby agree
that they will pay for any costs incurred by the City in removing
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the improvements and upon their failure to pay such costs , the
City can issue tax bills which shall become a lien against the
land described.
This license and the covenants herein contained shall run
with the land and inure to and be bindinq upon the successors
in title of the respective parties .
IN WITPJ�SS ?aHEREOF, the parties hereto haive caused these
presents to be signed by their authorized agents this ' day
of . 1972 .
CITY OF CAPE GIRA,RDEAU, MISSOURI
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ATTEST:
Mayor
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G!.�-�-e-�
City lerk —
SAVEWAY DISTRIBUTING COMPANY
President
ATTEST:
Secretary
5TATE OF MISSOURI )
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COUNTY OF CAPE GIRARDEAU )
On this ' da� of , 1972 , before me
appeared' , to me personally known,
who, being by me duly sworn, did sav that he is the President of
Saveway Distributing Company, a Corporation of_• the State of Missouri
and that the seal affixed to the foregoing instrument is the
corporate seal of said Corporation and the said instrument was
signed and sealed in behalf of_ said_ Corporation by authority of
its 33oard of Directors and 'acknowledged said instrument to be the '
free act and deed of said Corporation.
IN TESTIMONY ��TI-iEREOF, I have hereunto set my hand and
affixed my official seal, at my office in
the day and year first above written. �
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My term expires: Notary Public
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STATE OF MISSOURI )
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COUNTY OF CAPE GIRARDEAU)
On this day of , 1972 , before me
appeared HOWARD C. TOOKE, to me personally known, who, being by
me duly sworn, did say that he is the Mayor 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 in behalf of said City b_y 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 abcsve written.
My Term Expires : Notary Public
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