HomeMy WebLinkAboutRES.619.05-06-1991BILL NO. 91-80
RESOLUTION NO. � I 1
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ENTER INTO AN AGREEMENT FOR USE OF PUBLIC
PROPERTY WITH THE DOWNTOWN SPECIAL BUSINESS
DISTRICT NO. 2 AND THE GREATER DOWNTOWN MERCHANTS
ASSOCIATION FOR A MULTI-PURPOSE DISPLAY PAVILLION
ON THE CITY OWNED PARKING LOT ON SOUTH MAIN STREET
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 enter into an
Agreement for Use of Public Property with the Downtown Special
Business District No. 2 and the Greater Downtown Merchants
Association for purposes of erecting, operating and maintaining a
multi-purpose pavillion on the City owned parking lot on South
Main Street. A copy of said Agreement is attached to this
Resolution and made a part hereof.
PASSED AND ADOPTED THIS (p DAY OF 19�.
i7
F ncis E. Rhode; Mayor
ATTEST:
QQ4&
Julie A. Dale
Deputy C ty Clerk
AGREEMENT FOR USE OF PUBLIC PROPERTY
Comes now the City of Cape Girardeau, Missouri, a Municipal
Corporation, hereinafter referred to as "City", and the Downtown
Special Business District No. 2, hereinafter referred to as
"District", and the Greater Downtown Merchants Association,
hereinafter referred to as "Association", and the parties enter
into this Agreement for the use and occupation of a portion of
public property now used for a City automobile parking lot on
South Main Street in Cape Girardeau, Missouri, and more
particularly described as a tract bounded on the North by
Independence Street, on the West by Main Street, on the South by
Merriwether Street, and on the East by the Burlington Northern
Railroad tracks, in the City of Cape Girardeau, Missouri, under
the following conditions:
1. District and Association are granted the use of the
public real estate located in the City owned parking lot on South
Main Street solely for the purpose of erecting, operating and
maintaining a multi-purpose display pavillion and its fixtures and
appurtenances to be built near the North end of the second parking
island in said parking lot.
2. The pavillion is to be designed according to plans
submitted by Association and District and marked Exhibit "A",
attached hereto and incorporated herein by reference as though
fully set out and the pavillion, when completed, shall conform in
its design and appearance to that shown on Exhibit "A".
3. Association and District shall have the full and complete
responsibility for the installation, construction, operation, and
maintenance and repair of this pavillion and the City assumes no
responsibility whatsoever for any damage or maintenance or other
expense that may be required for the continued use and operation
of the
pavillion.
The parties hereto agree that the pavillion and its
fixtures may be open to the use of the general public when not
being utilized for designated Association functions.
5. Association and District agree to defend, indemnify and
hold the City harmless as to any and all claims or suits of
whatever kind or character that may arise as a result of the
placement of this pavillion and its appurtenances on the City's
real estate and the use of the City's real estate for operation,
maintenance, repairs and other use of the pavillion pursuant to
this Agreement.
6. Association and District agree to purchase and maintain
during the life of this Agreement a policy of general liability
insurance providing coverage for District's and Association's use
of the City's public property for the purposes set out in this
Agreement in the minimum amount of $100,000.00 for injury or
property damage to any one person and $1,000,000.00 for injury or
property damage in the aggregate for any one incident or accident.
7. Further, the Association and the District agree that they
shall be responsible for acquiring and maintaining insurance to
protect the facility against casualty loss, vandalism or other
loss.
8. The parties hereto agree that any party to this Agreement
may terminate this Agreement upon thirty (30) days written notice
- 2 -
and that upon such termination, the pavillion, its fixtures and
appurtenances shall be removed from the public property within
ninety (90) days after receipt of such notice. It is agreed by
and between the parties that Association and District will remove
the pavillion, its fixtures and appurtenances should this
Agreement be terminated by any party and shall do so at their
expense and shall repair and restore the parking lot to a safe
condition for the use of pedestrians and automobile traffic, all
at no expense to the City.
9. Except as provided herein for termination, this Agreement
shall run with the land and shall be binding upon the successors
and assigns of the parties hereto.
This Agreement entered into this 3M_ day of j"/jj�. ,
1991. —`U_
CITY OF CAPE GIRARDEAU, MISSOURI
ATTEST: Ronald Fisher, City Manager
V,j'i, 0, 0 ab-)
u i . Odle, Depu y city Clerk
- 3 -
DOWNTOWN SPECIAL BUSINESS DISTRICT NO. 2
D� —v
d B' Kni. ht CEi �man.
Typed Name & Titliof Signer
GREATERDOWNTOWN MERCHANTS ASSOCIATION
Ctiaxles McFihty Tx R7 asi`dent
ATTEST: Type Name & Tit e of Signer
"Typed
C Seetar
Type Name & Titcxe 07 Signer
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