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Home My WebLink AboutRes.3534.03-06-2023 BILL NO. 23-27 RESOLUTION NO. 353)-( A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AND INDEMNITY AGREEMENT FOR INSTALLATION OF AN AWNING IN THE RIGHT OF WAY ADJACENT TO 108 AND 110 SOUTH SPRIGG STREET, IN THE CITY OF CAPE GIRARDEAU, MISSOURI 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 McMahon Properties, LLC, for installation of an awning in the right of way adjacent to 108 and 110 South Sprigg Street, in the City of Cape Girardeau, Missouri. The Agreement shall be in substantially the form attached hereto, which document is hereby approved by the City Council, with such changes or amendments as shall be approved by the officers of the City executing the same. PASSED AND ADOPTED THIS jp:-- DAY OF 0 / <<, y , 2023 . Stacy Kind r, Mayor ATTEST: 41,1 Bruce Taylor Deputy City Clerk eRecorded DOCUMENT # "Nu, 2023-02110 -CER OP( t4 G c�ahp ANDREW DAVID BLATTNER N sir RECORDER OF DEEDS S CAPE GIRARDEAU COUNTY, MO r� O ME O, eRECORDED ON 4v 4ill; 03/27/202308:30:59 AM � REC FEE: 33.00 '%%%%D AU GOA- PAGES: 4 RECORDER OF DEEDS COVER PAGE Title of Document: License and Indemnity Agreement 108 S. Sprigg St Dale of Document: January 23. 2023 Grantor(s) Name and Address: City of Cape Girardeau 44 N. Lorimier Street Cape Girardeau. MO 63701 Grantee(s) Name and Address: McMahon Properties. LLC 7391 Count) Rd 621 Cape Girardeau. MO 63701 Legal Description: All That part of Lots Numbered Forty (40) and Forty-one (41) in Range "A" in the City and County of Cape Girardeau. Missouri_ hounded as follows: Commencing Eighty-five (85) feet South from the Northwest comer of said Lots Numbered Forty (40); thence South Thirty-live (35) feet along Sprigg Street; thence Last parallel with Merriwether Street a distance of Ninety (90) feet: thence North parallel with Sprigg Street, a distance of Thirty-five (35) feeC thence West Ninety(90) feet. to the place of beginning on Sprigg Street. Reference Book & Page. if required: Document #2015-00214 LICENSE AND INDEMNITY AGREEMENT In consideration of the City Council of the City of Cape Girardeau, Missouri, hereinafter known as "City", granting McMahon Properties, LLC, a Limited Liability Corporation, hereinafter known as "Licensee", permission to use and place certain improvements on City property which is located at 108 and 110 South Sprigg, in the City of Cape Girardeau, Missouri, Cape Girardeau County, Missouri, the parties hereto state as follows: 1. The City of Cape Girardeau, Missouri, hereby grants to Licensee a license to use and place certain improvements to -wit: A Self Supporting Aluminum Canopy measuring approximately Thirty Five (35) feet by nine (9) Feet. 2. Licensee, 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 while any person approaches, enters, uses or leaves the aforementioned property, which may occur directly or indirectly from the placing of said improvements or the conduct of such activities on City property. 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 or the conduct of such activities. 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 or the conduct of such activities on City property. D. That they will keep said improvements which are placed on the City property 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. That they will not maintain on the property any hazardous or toxic waste or substances, as defined under all applicable federal, state and local environmental laws, including, but not limited to, hazardous waste as defined in the Resource Conservation and Recovery Act of 1976 as amended ("RCRA"), hazardous substances as defined in the Comprehensive Environmental Response Compensation and Liability Act as amended ("CERCLA") and toxic substances as defined in the Toxic Substances Control Act as amended ("TSCA"). Any operations on the property shall not be in violation of any laws, regulations, ordinances, statutes, orders or decrees of any governmental body, arbitration tribunal or court, including, without limitation, RCRA, CERCLA, TSCA and all regulations thereunder. There shall be no conduct of business on the property which constitutes a violation of Environmental Laws or any other laws, regulations, ordinances, statutes, order or decrees of any governmental body. F. Nothing in this agreement or actions of the City in granting permission to place said improvements or conduct of such activities on the described property shall be construed to give the Licensee, any irrevocable rights to keep said improvements or activities on such property. The City Council reserves the right for the City Manager to terminate this agreement and to order the removal of said improvements and/or the cessation of said activities in the future at the cost of Licensees, their successors and assigns, for any reason. In such event, Licensees, or their successors and assigns, agree to remove said improvements and to cease such activities within thirty (30) days of notice. Should Licensees, or 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 Licensees, 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. If the Licensee fails to pay for any costs incurred by the City for such repairs or alterations, in addition to any other remedies the City may have, the City may also issue tax bills which shall become a lien against the land owned by the Licensee. 3. 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 this agreement to be executed this q ' day of 2X4 2:h 20,' Dr,Kenne H ki , A, IMCA-CM, City Manager ATTEST: Bruce Taylor eputy City Clerk STATE OF MISSOURI ) ) ss. COUNTY OF CAPE GIRARDEAU ) -11 - , i day of 20(jj before me appeared and to me personally known, who, being by me duly sworn, did say that He/She 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 WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the date last above written. My Commission Expires: Notary Pq)fic-Noqfy Seal STATEF ,SOURI (Signature Page to Follow) Commissioned or Cape Girardeau My Commission Expires: 3/3/2026 ID # 14588193 On this a3 day of _ )AMM1>I 20 T,rr. ll`.. )A,IIE\n,y,executed the within instrument On behalf of sa'd] limited liability company, and acknowledged to me that he/she executed the same as the free act and deed of said limited liability company. Signature Name STATE OF MISSOURI ) ss. COUNTY OF CAPE GIRARDEAU ) c On this �_ day of, CLFV AG1,w 20-a3_, before me appeared -GVa M. ire Mr&,1Y) to me personally known, who, being by me duly sworn, did say that He/She is an authorized representative, and that the said instrument was signed and acknowledged said instrument to be the free act and deed of said Property Owner. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the date last above written. Notary Public&gtiature My Commission Expires: _ _ MELISSA JENNINGS Notary Public, Notary Seal State of Missouri Cape Girardeau County Commission # 17024572 My Commission Expires 10-17-2025 Exhibit A All that part of Lots Numbered Forty(40)and Forty-one(41)in Range"A"in the City and County of Cape Girardeau, Missouri,bounded as follows: Commencing Eighty-five(85)feet South from the Northwest corner of said Lot Numbered Forty(40), thence South Thirty-five(35)feet along Sprigg Street;thence East parallel with Merriwedier Street a distance of Ninety(90) feet;thence North parallel with Sprigg Street.a distance of Thirty-five(35)feet;thence West Ninety(90)feet to the place of beginning on Sprigg Street. Also an easement for driveway purposes,ten feet in width,located along the East line of the West Ninety(90) feet of the North Eighty-five(85)feet of Lot Number Forty(40)in Range"ft‘''in the City and County of Cape Girardeau,Missouri. 1412042