HomeMy WebLinkAboutRES.921.05-02-1994BILL NO. 94-95
RESOLUTION NO. {
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE A LICENSE AND INDEMNITY AGREEMENT WITH
DALE T. PINGEL AND KARLA R. PINGEL, FOR
PURPOSES OF ALLOWING A DRIVEWAY ON JASMINE
STREET RIGHT-OF-WAY
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 Dale T. Pingle and Karla R. Pingle,
for purposes of allowing the construction and use of a driveway on
Jasmine Street right-of-way. A copy of said Agreement is attached
to this Resolution and made a part hereof.
PASSED AND ADOPTED THIS DAY OF , 19 9
A. Sp adling, III,(Tor
ATTEST:
r0n �dwad
6ayleg L. Conrad
Deputy City Clerk
LICENSE AND INDEMNITY AGREEMENT
In consideration of the Ci�t(y� Council of the City of Cape
Girardeau, Missouri, granting 'J, 7-7�/ k
permission to place certain improvements on
street right-of-way which is on
in the
City of Cape Girardeau, Missouri, Cape Girardeau County, Missouri.
THE PART/IIESS MUTUALLY AGREE /AS FOLLOWS:
1 - `� /�^ / �•� are the
owners of the following described tract of real estate located in
the City and County of Cape Girardeau, Missouri: /_,f 's- ¢ 6
i �(ocK oT SC//ev e J46diJ is s�
n2. The City of Cape Girardeau, Missouri, hereby grants to
a license
to place certain improvements, to -wit: a driveway, on �lQot v(2,
in the City of Cape Girardeau, for the purpose of
providing access to the above described real estate from
ie R I
A
3.
their successors, heirs and assigns all agree as follows:
were
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 driveway, 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 and assigns
from any liability which might occur from the placing or use of
such improvements.
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 on City right-of-way.
D. 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.
E. 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 _ aj,
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 remov d in the future
at the cost of (� aXe 5� /�, Qa (� 7 , or
their successors and assigns, should the City Council determine
this to be i�nJ the best interest of the City. In such event,
. J 4A 7 r / ' 2, �ti oOJ or their successors and
assigns, agree to remove said improvements within oth\irtt (30) days
of notice. Should _ �Q�K. �a /� 1a/I or
-2-
Y
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 (2 aL %, L Z!�—" �.
, 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 the Trust.
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 haveq caused this
agreement to be executed this 9-6 day ofeX,. ,
1994.
ATTEST:
Gayle L. Conrad, Deputy City C
0
J. Ronald Fischer, City Manager
-3-
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 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: Delores G. Needham, Notary Public
October 8, 1996
STATE OF MISSOURI
SS.
COUNTY OF CAPE GIRARDEAU
On this day of, 19RH before�me
personally appeared '�)O-qQ and
husband and wife, to me known to be the persons
described in and who executed the foregoing instrument, and
acknowledged 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.
My Commission Expires:
—I Ulf'F7Q�n �. C r�
[Typed Name of Notary Public]