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Home My WebLink AboutRes.3568.08-07-2023 BILL NO. 23-112 RESOLUTION NO. ,�-540 g A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AND INDEMNITY AGREEMENT WITH CODEFI FOUNDATION ON RURAL INNOVATION, INC. , FOR INSTALLATION OF "FREE PUBLIC WI- FI" SIGNS, 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 Codefi Foundation on Rural Innovation, Inc. , for installation of "Free Public Wi-Fi" signage with preapproved design for display on existing traffic regulation sign poles as approved by City staff, 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 7.- DAY OFAbT),S , 2023. ( 14 Stacy Kin er layor ATTEST: 'Bruce Tayl. Deputy City Clerk 4,,- ii b a lit 0 �i LICENSE AND INDEMNITY AGREEMENT In consideration of the City Council of the City of Cape Girardeau, Missouri, hereinafter known as "City", granting Codefi Foundation on Rural Innovation, Inc. (formerly known as Marquette Tech District Foundation, Inc.), hereinafter known as "Licensee", permission to place certain improvements and conduct certain activities on City property which is located along various streets 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: To add "Free Public Wi-Fi" signage with preapproved design for display on existing traffic regulation sign poles as approved by City staff. Locations of signs are Broadway between N. Fountain Street and N. Lorimier Street, Broadway between N. Spanish Street and N. Water Street,N. Spanish Street between Independence Street and Broadway,N. Water Street between Independence Street and Broadway, Themis Street between N. Spanish Street and N. Water Street, and Independence Street between N. Spanish Street and N. Main Street. Signs will be approved for display year round. (This L&I is a continuation of the 2018 agreement from Resolution 3187 of 7-16-2018.) 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 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. IN WITNESS WHEREOF, the Parties have executed this Agreement on this so day of 4494 , 20 . CITY OF CAPE GIRARDEAU, MISSOURI ./igalle Dr. Kenneth aski! f ana er ATTEST: �-' $ G , , :4 do it �.,�T '. ;, . - �?, , , �- . ity Clerk sS. ow, 4k f tj /��u,, E=��yIG C,. lA3I1�� i �� ii,: E STATE OF MISSOURI ) �. .�' %� ��; p ss. \ to l, COUNTY OF CAPE GIRARD AU ) �' ``* ''''''_r On this day of A.. A A. A.141 20 C512 before me personally appeared Dr. Kenneth Haskin, City Manager of the City of Cap, irar.eau,Missouri, a Municipal Corporation organized and existing under the laws of the State of Missour. known by me to be the person described in and who executed the foregoing instrument, and acknowledge. 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 and affixed my official seal in said State and County,the date first above written. &uilijL i Oft My Cr ission E Aires: Notary Public ignatur 5 / I d l - a L,M " Y i� Notary Public-Notary Seal STATE OF MISSOURI Commissioned for Cape Girardeau My Commission Expires:3/3/2026 ID#14588193 IN WITNESS I IERHOlthe parties c hereto have caused this agreement to be executed this _L_2-141 day of__37-.4 7.4 1�l '(' 73 Codcfi Found:mon 011 Rural Innovation, Inc. S' .iics Stapleton. Ch; nn of the Board STATE oI MiSS .f..l'•.t- COUNTY ()1'' C4(2. tTdarJecL.V BE IT REMEMBERED,D, that on this 1 ;t day of ,U O 3, before me. the undersigned notary public, personally appeared ,l,inle� Stapieton.` vho heing by me duly sworn, did state that he is the Chairman of the Board for Cod:h Foundation on Rural Innovation. Inc., a Missouri Not for Profit Corporation, and that the within insiruineni was executed on behalf of 'aid Codetl Foundation on Rural Innovation. Inc... and acknowledged that he has executed the same for the Purposes therein contained IN WITNISS WHEREOF. I have hereunto set in hand and affixed my official seal, the date last abo\e written. A.Tika IY021—e-tAkttia-(2 N,itary Public 1\fly Commission Expires: TASHA MARIE SCHUSLER �+ Notary Public•Notary Seal ^t ±aat v__ STATE OF MISSOURI Scott County My ComtnLsion Expires:May 27.2027 Commission i'l19124091 CITYOf eCAPE Downtown Street Locations 6 I R A R a E A U for Free WiFi Signage I ' [ I I y7 W t 4..• w ay, z il i = It, ...., 0 •..... 1 LI-I I rZ ai ', i ca o ).....1 ni----* .....Z ,........._Z 1 �..Th misI St Cl)ii e is iv), 1 es en, 1 Milli...cwiri ...., acu „cr la C 1 mil ca _ •■ 0r um ■ �on� °-Inde 2 depend St rr 11 I i I ail � II� '� W I 1 ,,1 '_ y �ar.+7 P,mil .c C -if E II • O11111 co a J co co LEGEND Allowed Street N 0 I I I 200 ' I I 400 Feet 1:2,772 Locations W. 12 E Date•7/142023 rary{;Tarr r.IReanpui I\,/. 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