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Home My WebLink AboutRES.961.07-18-1994 . BILL NO. 94-178 RESOLUTION NO. ��(!� � A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AGREEMENT WITH JIM KELPE TO MOW AND BALE HAY IN DELAWARE PARK 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 Agreement with Jim Kelpe to allow him to mow and bale hay in Delaware Park. A copy of said Agreement is attached to this Resolution and made a part hereof. ,-, ,� PASSED AND ADOPTED THIS I `�t DAY OF ' , 19 J` . `, A. . Spradling, III ayor ATTEST: l � �... � n V�7f �� "�� Gayle � . Conrad Deputy City Clerk � LICENSE AGREEMENT THIS AGREEMENT made this day of , 19 , between the City of Cape Girardeau, Missouri, herein re�erred to as "Licensor" , and JIM KELPE, herein referred to as "Licensee" . In consideration of the mutual covenants and agreements herein set forth, in addition to the other good and valuable consideration which both parties acknowledge, the parties hereto agree as follows: ARTICLE 1. GRANT OF LICENSE Licensor hereby grants to Licensee the license to enter the following described lands from the date hereof, for an unspecified period of time, however, subject to review at any time, and, at minimum, annually: A parcel of land in the South part of the Southeast Quarter of the Southeast Quarter of Fractional Section 19, Township 31 North, Range 14 East, Fifth Principal Meridian, more particularly described as follows: Commence at the Southeast corner of the Southeast Quarter of said Fractional Section 19 for a point of beginning; thence North along the section line between said Section 19 and Section 20, 600 feet for a corner; thence West, parallel to the South line of said Section 19 to a point of intersection with the quarter quarter section line; thence South along said quarter quarter line 600 feet, more or less, to the South line of Section 19; thence East along said South section line to the point of beginning, containing 18 . 2 acres more or less. Subject to street right-of-ways and easements, and areas planned for use by the City, its agents and assigns, present and future. ARTICLE 2 . REMOVAL OF CROPS The granting of this license shall include the right to enter the premises at reasonable times for the purpose of cutting, baling, and the removal of grass. Bales must be removed from the property in 30 days of harvest. Any application of fertilizer, lime, herbicide or insecticide shall be at the expense of the Licensee. Tilling of soil will not be permitted by this license. ARTICLE 3 . ACCESS Use of the existing farm lane shall be permitted for access to the subject tract and property for access to the property adjacent to and north of the tract described herein. Such access shall be subject to all the conditions of this agreement and, additionally, access to the adjacent property shall be for a period not to exceed two years, during which time Licensee must make provisions for private access. ARTICLE 4. FENCES Existing fences shall not be altered or removed by the Licensee. The new fence along the north line of the subject tract shall be monitored and maintained by the Licensee at no cost to the Licensor. ARTICLE 5. LIENS Licensee shall not allow any liens to be placed on the subject tract or on any future crop. ARTICLE 6 . TITLE OF LAND Licensee agrees that title, ownership and possession of the lands are in Licensor. ARTICLE 7. DUTIES AND LIABILITIES OF LICENSEE Licensee shall not commit or permit any unlawful acts, activities, or nuisances on the property, nor commit any waste thereon, shall be responsible for installation of a gate and continuous security thereof for access to the adjacent land, shall at the request of Licensor mow certain areas which may not be desirable for removal of crops, and shall be responsible for any and all damages to the premises arising from the exercise of this License. ARTICLE 8. LICENSOR'S USE AND POSSESSION OF PROPERTY Licensee shall not in any way hinder or obstruct Licensor in the use and possession of the property or in the performance or development of construction work thereon. -2- ARTICLE 9. INDEMNIFICATION Licensee shall indemnify Licensor for each and ever� claim for damages arising out of the acts, or omissions, either direct or indirect, committed by Licensee, his agents, or those acting under contract with him, in relation to the aforementioned grant of license. ARTICLE 10. TERMINATION Licensor shall have the right to terminate the license by giving Licensee 30 days written notice. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. CITY OF CAPE GIRARDEAU, MISSOURI J. Ronald Fischer, City Manager ATTEST: Gayle L. Conrad, Deputy City Clerk Ji lpe -3- STATE OF MISSOURI ) ) ss. COUNTY OF CAPE GIRARDEAU ) . � On this day of , 19 , 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. Delores G. Needham, Notary Public My Commission Expires: STATE OF MISSOURI ) ) ss. COUNTY OF CAPE GIRARDEAU ) On this y �� day of �U � v , 19 9� , before me personally appeared Jim Kelpe, to me known to be the person described in and who executed the foregoing instrument, and acknowledged that he executed the same as his free act and deed. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at my office in Cape Girardeau the day and year first above written. My Commission Expires: [Typed Name of Notary Public] Novernbe-�' la. 1q45 RESECCA L flOUOL4 Notary PuMk,Stsa of M�o�1 Cape Girerdeau My Comnti�sior�E�es - - -4-