HomeMy WebLinkAboutRES.208.07-21-1986 r�1 �
BILL NO. 86-111 RESOLUTION N0.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
ENTER INTO AN EXCAVATION AGREEMENT WITH
ORVILLE HOLCOMB
BE IT RESOLVED BY TI�E COUNCIL OF THE CITY OF CAPE
GIRARDEAU, MISSOURI , AS FOLLOtidS:
SECTION l . The City Manager on behalf of the City of Cape
Girardeau, Missouri , is hereby authorized to enter into an
excavation agreement with Orville Holcomb to provide soil cover
at the City ' s sanitary landfill . A copy of this agreement is
attached to this resolution and made a part ereof .
PASSED AND ADOPTED THIS DAY OF , 1986 .
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Francis E. Rhodes , Mayor
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ATTEST:
C%�i�"''-L� i��'l -
Alvin M. Stoverink , City Clerk
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^ reasons provided for herein, shall continue in effect for a
term of eighteen months .
6 . The failure of either party to insist , in any one or
more instances , on a strict performance of any of the terms or
the conditions of this agreement, or to exercise any right
herein contained, shall not be construed as a future waiver or
a relinquishment of said rights , terms or conditions , but the
same shall continue and remain in full force and effect . None
of the terms or conditions of this agreement shall be altered,
waived, modified or abandoned in any matter except by written
instrument executed by botYi parties .
7 . It is agreed between the parties to this agreement
that the plans and specifications , both general and detailed,
and all resolutions and ordinances and proceedings by the City
Council pertaining in any detail whatsoever to the work
included under this agreement , shall be and constitute integral
parts of this agreement as though set out in words and figures
herein .
8 . L,essor covenants that he is lawfully seized of an
indefeasible estate in fee in the premises herein leased, and
that the same are free and clear of liens and encumbrances and
that he has good right to lease the same, and that he will
� warrant and defend the title unto said Lessee , its successors
and assigns against the lawful claims of any persons whomsoever .
9 . This agreement is binding upon the parties hereto and
their successors and assigns .
10 . I�essee hereby binds itself to indemnify and save
harmless Lessor from claims , demands, suits and actions of
every name and description brought against Lessor for or on
account of any injuries or damages received or sustained by any
party or parties by or from the acts of Lessee, or its servants
or agents , in performing the excavation work provided for
herein , or by or in consequence of any negligence in guarding
the same , or on account of any act or omission of Lessee, its
servants or agents .
11 . Tr�e soil removed from Lessor ' s land shall be used
solely to provide final cover for Lessee ' s landfill .
12 . Access to Highway 177 shall be maintained at the
location of the existing driveway and Lessee will extend the
existing driveway from Highway 177 up to the level area as
shown on Exhibit A.
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� reasons provided for herein, shall continue in effect for a
term of eighteen months .
6 . The failure of either party to insist , in any one or
more instances , on a strict performance of any of the terms or
the conditions of this agreement , or to exercise any right
herein contained, shall not be construed as a future waiver or
a relinquishment of said rights , terms or conditions , but the
same shall continue and remain in full force and effect . None
of the terms or conditions of this agreement shall be altered,
waived, modified or abandoned in any matter except by written
instrument executed by bot11 parties .
7 . It is agreed between the parties to this agreement
that the plans and specifications , both general and detailed,
and all resolutions and ordinances and proceedings by the City
Council pertaining in any detail whatsoever to the work
included under this agreement , shall be and constitute integral
parts of this agreement as though set out in words and figures
herein .
8 . I,essor covenants that he is lawfully seized of an
indefeasible estate in fee in the premises herein leased, and
that the same are free and clear of liens and encumbrances and
that he has good right to lease the same, and that he will
warrant and defend the title unto said Lessee , its successors
� and assigns against the lawful claims of any persons whomsoever .
9 . This agreement is binding upon the parties hereto and
their successors and assigns .
10 . Lessee hereby binds itself to indemnify and save
harmless Lessor from claims , demands , suits and actions of
every name and description brought against Lessor for or on
account of any injuries or damages received or sustained by any
party or parties by or from the acts of Lessee, or its servants
or agents , in performing the excavation work provided for
herein , or by or in consequence of any negligence in guarding
the same, or on account of any act or omission of Lessee, its
servants or agents .
11 . The soil removed from Lessor ' s land shall be used
solely to provide final cover for Lessee 's landfill .
12 . Access to Highway 177 shall be maintained at the
locatior� of the existing driveway and Lessee will extend the
existing driveway from Highway 177 up to the level area as
shown on Exhibit A.
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�.�, reasons provided for herein, shall continue in effect for a
term of eighteen months .
6 . The failure of either party to insist , in any one or
more instances , on a strict performance of any of the terms or
the conditions of this agreement, or to exercise any right
nerein contained, sha11 not be construed as a future waiver or
a relinquishment of said rights , terms or conditions, but the
same shall continue and remain in full force and effect . None
of the terms or conditions of this agreement shall be altered,
waived, modified or abandoned in any matter except by written
instrument executed by botYl parties .
7 . It is agreed between the parties to this agreement
that the plans and specifications , both general and detailed,
and all resolutions and ordinances and proceedings by the City
Council pertaining in any detail whatsoever to the work
included under this agreement , shall be and constitute integral
parts of this agreement as though set out in words and figures
herein .
8 . I,essor covenants that he is lawfully seized of an
indefeasible estate in fee in the premises herein leased, and
that the same are free and clear of liens and encumbrances and
that he has good right to lease the same, and that he will
� warrant and �efend the title unto said Lessee , its successors
and assigns against the lawful claims of any persons whomsoever .
9 . This agreement is binding upon the parties hereto and
their successors and assigns .
10 . Lessee hereby binds itself to indemnify and save
harmless Lessor from claims , demands, suits and actions of
every name and description brought against Lessor for or on
account of any injuries or damages received or sustained by any
party or parties by or from the acts of Lessee, or its servants
or agents , in performing the excavation work provided for
herein , or by or in consequence of any negligence in guarding
the same , or on account of any act or omission of Lessee, its
servants or agents .
11 . The soil removed from Lessor ' s land shall be used
solely to provide final cover for Lessee ' s landfill .
12 . Access to Highway 177 shall be maintained at the
locatiori of the existing driveway and Lessee will extend the
existing driveway from Highway 177 up to the level area as
shown on Exhibit A.
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,�., reasons provided for herein, shall continue in effect for a
term of eighteen months .
6 . The failure of either party to insist , in any one or
more instances , on a strict per�ormance of any of the terms or
the conditions of this agreement , or to exercise any right
nerein contained, shall not be construed as a future waiver or
a relinquishment of said rights , terms or conditions, but the
same shall continue and remain in full force and effect . None
of the terms or conditions of this agreement shall be altered,
waived, modified or abandoned in any matter except by written
instrument executed by bottl parties .
7 . It is agreed between the parties to this agreement
that the plans and specifications , both general and detailed,
and all resolutions and ordinances and proceedings by the City
Council pertaining in any detail whatsoever to the work
included under this agreement , shall be and constitute integral
parts of this agreement as though set out in �aords and figures
herein .
8 . Lessor covenants that he is lawfully seized of an
indefeasible estate in fee in the premises herein leased, and
that the same are free and clear of liens and encumbrances and
that he has good right to lease the same, and that he will
warrant and defend the title unto said Lessee, its successors
� and assigns against the lawful claims of any persons whomsoever .
9 . This agreement is binding upon the parties hereto and
their successors and assigns .
10 . I,essee hereby binds itself to indemnify and save
harmless Lessor from claims , demands , suits and actions of
every name and description brought against Lessor for or on
account of any injuries or damages received or sustained by any
party or parties by or from the acts of Lessee, or its servants
or agents , in performing the excavation work provided for
herein , or by or in consequence of any negligence in guarding
the same, or on account of any act or omission of Lessee, its
servants or agents .
11 . The soil removed from Lessor ' s land shall be used
solely to provide final cover for Lessee 's landfill .
12 . Access to Highway 177 shall be maintained at the
locatiori of the existing driveway and Lessee will extend the
existing driveway from Highway 177 up to the level area as
shown on Fxhibit A.
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