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Home My WebLink AboutRes.3556.06-05-2023BILL NO. 23-75 RESOLUTION NO. v A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AND INDEMNITY AGREEMENT TO PLACE CERTAIN IMPROVEMENTS ON CITY RIGHT OF WAY OF VANTAGE DRIVE, NORTH OF SCENIC DRIVE, 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 the Dianne E. Shantz Revocable Trust dated March 25, 1995, for installation of gravel surface on City right of way of Vantage Drive, north of Scenic Drive, 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 5th day of June , 2023. ATTEST: Gayle Onrad, City Clerk Da on, Mayor Pro Tempore eRecorded DOCUMENT # ' `OER"�� %%‘11 2023-05500 OFD ttt \QANDREW DAVID BLATTNER N y RECORDER OF DEEDS ip _ OA CAPE GIRARDEAU COUNTY, MO �➢ eRECORDED ON l q 07/10/2023 10:21:43 AM tti�/�/t_' REC FEE: 39.00 ttt''"t%DEA �OJT PAGES: 6 RECORDER OF DEEDS COVER PACE Title of Document: License and Indemnity Agreement for 2317 Hunters Lane Date of Document: 6-5-2023 Crantor(s) Name & Address: City of Cape Girardeau 44 N. Lorimier Street Cape Girardeau, MO 63701 Grantee(s) Name & Address: Dianne E. Shantz Revocable Trust U/A Dated March 21, 1995 2317 Hunters Lane Cape Girardeau, MO 63701 Legal Description: All that part of Vantage Drive Right of Way as shown on Ashland Court Fourth Addition in Plat Book 23 on Page 58 in the land records of the Cape Girardeau County, Missouri, Recorders Office and being more particularly described as follows: That part of unimproved Vantage Drive Right of Way between the North right of way line of Scenic Drive and the northern most terminus of Vantage Drive Right of Way. Said northern terminus being the same as the North boundary line of said Ashland Court Fourth Addition Plat and the South boundary line of Lot 1 of Hunters Place 3' Subdivision as recorded in the Cape Girardeau County Recorder's Office in Document Number 2023-05332. Reference Book & Page, if Required: Book 767 at Page 986 LICENSE AND INDEMNITY AGREEMENT This License and Indemnity Agreement, hereinafter referred to as this "Agreement", is made and entered into this 61' day of June , 2023 , by and between the DIANNE E. SHANTZ REVOCABLE TRUST U/A DATED MARCH 21, 1995, hereinafter referred to as the "Licensee", and the CITY OF CAPE GIRARDEAU, MISSOURI, a Municipal Corporation organized and existing under the laws of the State of Missouri, hereinafter referred to as the "City". The Licensee and the City collectively are hereinafter referred to as the "Parties". WITNESSETH: WHEREAS, the Licensee wishes to construct, install, and place certain private improvements on property owned or managed by the City; and WHEREAS, the City has a duty to ensure that any private improvements on property owned or managed by the City will not create a liability for the City, or impose a maintenance burden on the City, or otherwise hinder or interfere with the ability of the City to control, manage, and maintain said property. NOW, THEREFORE, in consideration of the foregoing and of the mutual promises and agreements contained herein, the Parties stipulate and agree as follows: 1. The City agrees to allow the Licensee to construct, install, and place, at the Licensee's sole cost, a gravel surface on the unimproved portion of the Vantage Drive right-of-way between its north terminus and the north right-of-way line of Scenic Drive or the edge of pavement, whichever is closer. Said gravel surface is hereinafter referred to as the "Improvements" and said unimproved portion of the Vantage Drive right-of-way is hereinafter referred to as the "City Property". 2. The Licensee agrees that the Improvements shall only used to provide access to its property, more particularly described as Lot #1 of Hunter's Place Third Subdivision as recorded in Document Number 2023-05332 in the land records of Cape Girardeau County, Missouri, hereinafter referred to as the "Licensee's Property". In addition, the Licensee agrees to allow the other properties having frontage on the City Property to use the Improvements for access, subject to approval by the City. 3. The Licensee agrees to maintain the Improvements at all times to the satisfaction of the City and take the necessary precautions to prevent gravel from migrating to the pavement or entering the stormwater management system. 4. If and when the Licensee's Property is subdivided, this Agreement shall become null and void unless the Parties agree to amend this Agreement to allow the Improvements to provide access to the lots created by the subdivision. 5. The Licensee agrees that it 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 City Page 1 of 4 Property, which may occur directly or indirectly from the construction, installation, and placement of the Improvements on the City Property. 6. The Licensee hereby releases the City, its officers, employees, agents, servants, and assigns from any liability that might occur from the construction, installation, and placement of the Improvements on the City Property. 7. The Licensee agrees that it will indemnify and hold harmless the City, its officers, employees, agents, servants, and assigns from all suits and actions of every name and description brought against the same, for or on account of any injuries or damages received or sustained by any party or alleged to be received or sustained by any party which may result directly or indirectly from the construction, installation, and placement of the Improvements on the City Property. 8. The Licensee agrees that it will keep the Improvements 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 public. 9. The Licensee agrees that it will not bring to, or maintain on, the City 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 activities on the City 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 activities on the City Property that constitute a violation of environmental laws or any other laws, regulations, ordinances, statutes, order, or decrees of any governmental body. 10. This Agreement and the actions of the City in allowing the Licensee to construct, install, and place the Improvements on the City Property shall not be construed to give the Licensee any irrevocable rights to do so. The City Council hereby authorizes the City Manager to terminate this Agreement and to order the removal of the Improvements from the City Property, at the Licensee's sole cost, for any reason. In such event, the Licensee agrees to remove the Improvements from the City Property within thirty (30) days from the date of notice by the City unless the City grants additional time. Should the Licensee fail to comply with any of the terms of this Agreement, the City reserves the right to take any action(s) necessary by giving the Licensee thirty (30) days' notice, and the Licensee agrees to pay for any costs incurred by the City for such action(s). Should the Licensee fail to pay for such costs, the City may cause one (1) or more tax bills to be issued, each of which shall become a lien against the Licensee's Property. 11. This Agreement and the mutual promises and agreements contained herein shall run with the land and shall be binding upon the heirs, successors, and assigns of the respective Parties. Page 2 of 4 IN WITNESS WHEREOF, the Parties have executed this Agreement on this day of 20 �,3 . DIANNE E. SHANTZ REVOCABLE TRUST U/A DATED MARCIJ 21, 1995 At44 *�f rif, William R. Shantz, Trustee AA1-- K.94,-4 Dianne E. Shantz, Trustee STATE OF On 0 LAS ; ) SS. COUNTY OF�c On this day of , 20 a , before me personally appeared William R. Shantz and Dianne E. Shantz, Trusted of the Dianne E. Shantz Revocable Trust U/A dated March 21, 1995, known by me to be the persons described in and who executed the foregoing instrument, and acknowledged that they executed the same as the free act and deed of said Trust. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in said State and County, the date first above written. My Commission Expires: HOLLYA. HOBECK Notary Public - Notary Sea[ STATE OF MISSOURI Cape Girardeau County My Conunission Expires: February S. 2026 Commission #09404539 Notary Public Page 3 of 4 II"ITNESS WHEREOF, the Parties have executed this Agreement on this day of t_ 20 CITY OF CAPE GIRARDEAU, MISSOURI ATTEST: City Clerk STATE OF MISSOURI ) ) SS. COUNTY OF CAPE GIRARDEAU 1 Dr. Kenneth skin, ager On this day of �'� _ 20(``, before me personally appeared Dr. Kenneth Haskin, City Manager of e City of Cape Girardeau, Missouri, a Municipal Corporation organized and existing under the 1 s of the State of Missouri, known by me to be the person described in and who executed th `` foregoing instrument, and acknowledged that the foregoing instrument was signed and sealed on behalf of said City by authority of its City Council, and acknowledged that he executed the same as the free act and deed of said City. IN TESTIMONY WHEREOF, I have hereunto set my hand nd affixed my official seal in said State and County, the date first above written. �j �if� ( ° Notaiy Public My Commission Expires:e.�f ea 6lic- otayY Sol STA "T N� (.}IF' 1"1a5`;K.ORlrf' eau IflflMy�,�gv -naa� �� 'xtvaae^ 313/2026 Page 4 of 4 t ITY O CAPE ,s G. 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