HomeMy WebLinkAboutCityMgrForm.652.03-15-1972 � r .
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CITY MANAGER FORM ORDI'TANCE N0. �-`�a''?/
AN ORDINANCE AUTHORIZING AN ADDITION TO THE FFA BARN AND APPROVING
THE FORM OF A LZCENSE AND INDEMNITY AGREEMENT FOR IMPROVEMENTS IN
ARENA PARK BETWEEN THE CITY OF CAPE GIRARDEAU, MISSOURI AND SOUTH-
EAST MISSOURI DISTRICT FAIR ASSOCIATION WITH AUTHORIZATION FOR THE
MA.YOR TO EXECUTE
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WHEREA5, the City of Ca�e Girardeau, Missouri, is the
owner of certain park property known as Arena Park in the City
of Cape Girardeau, Missouri; and
WHEREAS, this property has heretofore been leased for
certain period of the year to the Southeast Missouri District
Fair Association; and
WHEREAS, Southeast Missouri District Fair Association
desires to improve said property and continue to have improvements
on City park land; and
WHEREAS, said improvements will be in the public interest
because of the reCreational and educational use of said building
and the improvements made thexeto .
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF CAPE GIRARDEAU, MIS50URI, AS FOLLOWS:
SECTION 1. The City of Cape Girardeau, Missouri , hereby
grants to the 5outheast Missouri District Fair Association the
right to enlarge the FFA Barn which is located on City park
land in accordance with the terms and condition.s set forth in
the License and Indemnity Agreement, attached hereto as Exhibit A.
SECTION 2. That the License and Indemnity Agreement, a
copy of which is attached hereto as Exhibit A, between the City
of Cape Girardeau, Missouri and the 5outheast Missouri District
Fair Association authorizing further improvements on City park
land 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 teri days after its passage and approval.
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PA5SED AND APPROVED THI5' /�j DAY OF MARCH, 1972 .
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MAYOR
ATTEST:
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CITY CLE K
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LICENSE P,Nb INDEMNITY AGREED4ENT
In consideration of the C.ity Council of the City
of Cape Girardeau, ��issouri, a municipal corporation,
granting the Southeast Missouri District Fair Association
of the County of Cape Girardeau, State of Missouri, permission
to enlarge the existing FFA barn in Arena Park, the Cit�
of Cape Girardeau, Missouri , hereinafter refe.rred to as '
City and the 5outheast Missouri District Fair Association,
hereinafter referred to as Association r�utually agree as
follows :
� 1. The Cit�� hereby qrants to the Association the
right to enlarge the FFA barn located at Arena Park on
City park land.
2 . The Association 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 FFA barn, which may occur directly or indirectly
from the placing of said improvements on City park land.
3. The 1�ssociation does hereby release the City
of Cape Girardeau, its officers , employees , agents , and
servants from any liability which might occur from the
placing of such improvements .
4. The Association will indemnify and save harmless
the City, 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 o.f any injuries or damages
received or sustained by any parties or party which may
result directly or indirectly from -�he placing of said
improvements on City park land. The Association will
keep in full force and effect a general liability insurance
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policy with maximum liability limits of $100 ,000 for
personal injury to or death of any one person in any one
accident and $300 ,000 for personal injury or death of
two or more persons in anyo une accident and property
insurance in the amount of $1�0 ,Ob0 listing the City as a
coinsured thereunder.
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" 5. The Association will keep said improvements
which are placed on the City park land in a state of good
repair and will cooperate with the Citv by making necessary
repairs as requested by the City so as to protect the
health and safety of the Citizens .
6. This agreement shall be coextensive with the
term of the 5outheast Missouri District Fair lease dated
June l, 1964 which runs until June 1, 1989 . Nothing
in this agreement or the actions of the City in granting
permission to place sai� improvements on the described
park land sha11 be construed to give the 5outheast P�issouri
District Fair Association any irrevocable rights to keep
said improvements on City park land beyond the term of
this agreement.
7. Should the Association fail to comply with
any of the terms of this agreement, the City reserves the
right to terniate this agreement by giving the Association
thirty (30) days notice and thP City may order and cause
the improvements which are on City park land to be removed.
This license and the covenants herein contained
shall run with the land and inure to and be binding upon
the successors in title of the respective parties .
IN WITNESS WHEREOF, the parties hereto have
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caused these presents to be signed by their authorized
agents this day of , 1972.
CITY OF CAPE GIRARDEAU, MISSOURI
a municipal Corporation
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Mavor
ATTE5T:
City Clerk
SOUTHEAST MI5SOURI DI5TRICT FAIR
�5SOCIATION
President
ATTEST:
Secretary
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