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Home My WebLink AboutRes.3547.05-01-2023BILL NO. 23-56 RESOLUTION N0. , �.�._. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AND INDEMNITY AGREEMENT TO PLACE IMPROVEMENTS ON CITY PROPERTY ADJACENT TO 609 BROADWAY, 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 Mississippi Mutts, LLC, for installation of decorative signage and an awning at 609 Broadway, 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 DAY OF 7 , 2023. Stacy Kinder ay r ATTEST: Bruce Taylol, Deputy City Clerk eRecorded DOCUMENT # ..."`W 2023-04220 __- ER OF11.1 0 llt Ay' �/ \G� Ott ANDREW DAVID BLATTNER \N tit RECORDER OF DEEDS _ , CAPE GIRARDEAU COUNTY, MO O (POI; eRECORDED ON 05/30/2023 08:31:05 AM yttt6` t/i5 nt..Gnt-f RPAGES: 5EC FEE: 6.00 RECORDER OF DEEDS COVER PAGE Title of Document: License and Indemnity Agreement 609 Broadway Date of Document: May 11, 2023 Grantor(s) Name and Address: City of Cape Girardeau 44 N. Lorimier Street Cape Girardeau, MO 63701 Grantee(s) Name and Address: Sharon R.Jennings, a single person 609 Broadway Cape Girardeau, MO 63701 Legal Description: Part of Lots Sixteen (16) and Seventeen (17) in Range "D" of the City and County of Cape Girardeau. Missouri, described as follows: Beginning at a point on the South side of Broadway Street in said City, 82 feet West from the Northeast corner of Lot 17 in Range"D" and run West along the South line of Broadway Street, 31.2 feet; Thence South parallel with Frederick Street, 128 feet; Thence East parallel with Broadway Street, 31.2 feet and thence North parallel with Frederick Street, 128 feet to the point of beginning on Broadway Street. Reference Book & Page, Document #2015-07297 if required: LICENSE AND INDEMNITY AGREEMENT In consideration of the City Council of the City of Cape Girardeau,Missouri,hereinafter known as"City",granting Mississippi Mutts,LLC,a Missouri Licensed Limited Liability Corporation,hereinafter known as"Licensees",permission to place certain improvements and conduct certain activities on City property which is located at 609 Broadway 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 place certain improvements to-wit: A Thirty Two inch (32") by Twenty Two (22") Oval double sided sign with an external Bullet Light in the center of the top of the sign. The sign will be hung from a wall-mounted decorative bracket using One and a half inch(1-1/2")steel mounting rings. The decorative hanging bracket measures Fourteen Inches (14") tall by Forty Three Inches (43") long from the face of the wall facing Broadway and under the decorative sign is a canvas covered Awning approximately Eleven feet (11') off the sidewalk, Three feet Six Inches (3'6") tall, Three feet(3') deep and Twenty two feet(22')wide located on the front of the building at 609 Broadway,Cape Girardeau,MO. 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 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 and maintain 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. (Signature Page to Follow) • hs WITNESS WHEREOF,the parties hereto have caused this agreement to be executed this _a day of 777 / 20 a3 . JJ .t Dr.Kenneth 0 , , ♦CA-CM, City Manager ATTEST: CPp r 7/Ir J...t.-r 4 r r race Taylor ti/ y Deputy City Clerk . /V \v6. STATE OF MISSOURI )ss . * �Pg� 1�V' .., A/ COUNTY OF CAP B GGIRARDEAU ) kl r * % On this I l N 1day of ,,,J,/ 2qJ�,before me appeared Dr.Kenneth Haskin,to me personally known,who,being by me d'it swum,di say that he is the City Manager of the City of Cape Girardeau,Missouri,a Municipal Cot'soration of the State of Missouri,and that the seal affixed to the foregoing instrument is the seal of said ity 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 m h,t,d and affixed my official seal,the date last above written. ,/ ,• I I n�yl 1� '• 4‘ .li Signa are �F 2.1 My Commission Ex.,res: Amanda L.McKinney alfr Notary Public-Notary Seal STATE OF MISSOURI Commissioned for Cape G' •xu My Commission Expbes:3/. 026 ❑'i#1458. :93 (Signature Page to Follow) IN TESTIMONY WHEREOF, I have hereunto set my hand and signature,at my office in Cape Girardeau,Missouri,the day and year first above written. ) .,)(1CIA10M Signature: STATE OF/ll S1Iilr'2i ) //�� ) ss. COUNTY OF�, jo1, J1,6k.e.,a ) BE IT REMEMBERED, that on this day of Afrpzi , 2 , before me, the undersigned notary public,personally appeared haron R. Jennings,on behalf of Mississippi Mutts,LLC, a Limited Liability Corporation,who being known by me,did state and has acknowledged said instrument to be the free act and deed of the property owner and that the within instrument was executed for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal,the date last above written. RICK H SINCLAIR I Notary Public•Notary Seal Cape Girardeau County•State of Missouri / 'O : , 'ublic Sig ture 1 Commission Number 21290098 f My Commission Expires Aug 31, 2025 I My Commission Expires: