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Home My WebLink AboutRes.3540.03-20-2023BILL NO. 23-39 RESOLUTION NO. 5','� A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AND INDEMNITY AGREEMENT WITH CAPE AUTO SALES, LLC, FOR PARKING IMPROVEMENTS AT 1230 MEADOWBROOK LANE, 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 Cape Auto Sales, LLC, for installation of a gravel parking lot located at 1230 Meadowbrook Lane, 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 therein as shall be approved by the officers of the City executing the same. PASSED AND ADOPTED THIS 20th DAY OF March , 2023. ATTEST: aU46 ��" e Taylo , Deputy City Clerk Q0 Stacy Kinder, M y r eRecorded DOCUMENT # %""%", 2023-03434 coER OPO%%% F�G F0 4 ANDREW DAVID BLATTNER 04- N �i RECORDER OF DEEDS �� S CAPE GIRARDEAU COUNTY, MO (7 O, eRECORDED ON 4-1 ot, -37 _de" 05/03/2023 12:23:26 PM hm cr REC FEE: 33.00 tIII yr%%%%%%%%%%%%%%%%, OEAT PAGES: 4 RECORDER OF DEEDS COVER PAGE Title of Document: License and Indemnify Agreement 1230 Meadowhrook Ln Dale of Document: March 27,2023 Grantor(s) Name and Address: City of Cape Girardeau 44 N. Lorimier Street Cape Girardeau, MO 63701 Granteefs) Name and Address: Cape Auto Sales,LLC 1238 Meadowhrook Ln Cape Girardeau, MO 63701 Legal Description: Part of Lots 2 &3 of Niswonger's Subdivision in the City and County of Cape Girardeau. Missouri, as shown in Plat Book 5 at Page 65 in the Cape Girardeau County Recorder's Office. Reference Book & Page: Doc 2022-10208 LICENSE AND INDEMNITY AGREEMENT In consideration of the City Council of the City of Cape Girardeau, Missouri, hereinafter known as "City", granting Cape Auto Sales, LLC, hereinafter known as "Licensees", permission to use and place certain improvements on City property which is located at 1230 Meadowbrook Lane 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 Licensees a license to use and place certain improvements to-wit: Install a gravel surface measuring One Hundred Fifty One Feet, Three Inches (151' 3") by Eighty Three Feet (83') by Six Inches (6") deep for the purpose of parking and displaying operating vehicles on part of the two lots fronting 1230 Meadowbrook Ln between Cape Auto Sales, at 1236 Meadowbrook Ln, and Larry Avenue. It's agreed that Cape Auto Sales, LLC would be responsible to keep the grass areas mowed and the overall property maintained. In addition, nothing would be allowed to be parked or stored on the other City-owned Lots of Niswonger's Subdivision, being more specifically Lots 1, 5, 6, 7 and 8. 2. Licensees, 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, including claims with the Federal Emergency Management Agency (FEMA) or the State Emergency Management Agency (SEMA), 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. ayIN WI ESS WHE OF, the parties he e o have caused this agreement to be executed this day of I , 20pO . • Dr. Kenneth .i,„�!,,'„„ IMCA-CM, City Manager ATTEST: 'IRg14 T � / _= ,„ eae'..” /4 10, Bruce Taylor,De% ty City Clerk ;p ;�,/N- ., r rclir .4 ..i STATE OF MISSOURI ) O 1 j, T E ONI 1 4P= ss. ..".,10 , . AR,'. *--_: COUNTY OF CAPE GIRARDEAU ) On tis 1.11 daof a�� , 20 before me appeared Ip �,', Dto me ersonall own, who bein me 1' ►C�� l ' 1 ►'�- personally � g by 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. Ilit 1 oc.../ 01 1.--- Amanda L.McKinney ar4 .44.440, Notary Public-Notary seat . . :' _ azure STATE OF MISSOURI rr;xaunissioned for Cape Girardeau ,4 t,Commission Expires:3/3/2026 My c•mmission expires: .", ..._1D#14588193 /�U // IN TESTIMONY WHEREOF, I have hereunto set my hand and execute this agreement on the trR day of ebrvtttrr , 20 23 . Signature it 'f4AA- Creel -Fr y Pr ed Name STATE OF MISSOURI ) f ) ss. COUNTY OF CAPE GIRARDEAU ) On this 119 day of V ON V , 20 2.3 , before me appeared , to me personally known, who, being by me duly sworn, did say that He/She is Authorized to sign, 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. ORS `-'.2:.71)11/,,,,,, ILCUU0(r COAL0hAieftt y ��' Notary Public i =R MycomEos 5 2027 January My Commission Expires: v� 0:230649370 ? V �,y-�•*c` �55,J a�eta S 2027 , garde?;,• O�.•