The URL can be used to link to this page

Home My WebLink AboutRes.3573.09-05-2023 BILL NO. 23-126 RESOLUTION NO. 3.��73 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AND INDEMNITY AGREEMENT WITH CWC HOSPITALITY, LLC, FOR INSTALLATION OF A RETAINING WALL AT 433 CAPE WEST CROSSINGS, 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 CWC Hospitality, LLC, for installation of a retaining wall in a Utility/Sewer Easement along the west side of the property located at 433 Cape West Crossings, 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 5 DAY OF S: et14 r, 2023. Stacy Kin e , ayor ATTEST: lir /e-e- Lruce Tayl , Deputy City Clerk nifigi. to: O,F `' THE IINI i N }`' SEAL----' eRecorded DOCUMENT # `vo, 2023-07465 ODER OFQ...• 'ec% \O�4 ANDREW DAVID BLATTNER N ttt RECORDER OF DEEDS t CAPE GIRARDEAU COUNTY, MO e eRECORDED ON rO _ 09/11/2023 08:31:04 AM it,oC ar1 RECFEE: 42.00 y� PAGES: 7 t .RDEg3 RECORDER OF DEEDS COVER PACE Title of Document: License and Indemnity Agreement 433 Cape West Crossings Date of Document: 8-28-2023 Grantor(s) Name & Address: City of Cape Girardeau 401 Independence Street Cape Girardeau, MO 63703 Grantee(s) Name & Address: CWC Hospitality, LLC 433 Cape West Crossings Cape Girardeau, MO 63701 Legal Description: Lot I of A Resubdivision of Lot 2 of A Minor Subdivision of Lot B of Cape West Crossings—Phase II Amended as recorded in the land records of Cape Girardeau County, Missouri in Document number 2019-10636 Reference Book & Page, if Required: Doe #2022-10519 LICENSE AND INDEMNITY AGREEMENT This License and Indemnity Agreement, hereinafter referred to as this "Agreement", is made and entered into this�`� day of 20 ; by and between CWC HOSPITALITY, LLC, a Missouri limited liability comany, 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: The City agrees to allow the Licensee to construct, install, and place, at the Licensee's sole cost, a retaining wall within the 25 -foot wide public utility/sewer easement located along the west side and in the northwest region of Lot 1 of A Resubdivision of Lot 2 of a Minor Subdivision of Lot B of Cape West Crossings — Phase II Amended, a subdivision as recorded in the land records of Cape Girardeau County, Missouri, in Document No. 2019-10636. Said Lot 1 is currently addressed as 433 Cape West Crossings. Said retaining wall will be constructed of Keystone Compac H Block or an approved equal retaining wall block and will be approximately 136 feet in length by 7 feet in height as shown in the drawing attached as Exhibit "A". Said retaining wall is hereinafter referred to as the "Improvements", said public utility/sewer easement is hereinafter referred to as the "City Property", and said Lot I is hereinafter referred to as the "Licensee's Property". 2. The Licensee agrees that the hnprovements shall only be installed on the City Property approximately 2 feet offset from the west lot line of the Licensee's Property, said line being contiguous to the I-55 right-of-way and having a bearing and distance shown on said subdivision plat as N 21 ° 16' 32" W, 198.69 feet. 3. The Licensee agrees to order utility locates within the City Property and obtain all required permits, licenses, and approvals in constructing, installing, and placing the Improvements, including any modifications, repair, or replacement. 4. The Licensee agrees that the City shall not be liable or responsible for repairing or replacing the Improvements or any portion thereof due to damage sustained thereto as a result of actions of the Page 1 of 6 City, its officers, employees, agents, servants, and assigns, related to the installation, maintenance, repair, replacement, and expansion of utility/sewer infrastructure within the City Property, 5. The Licensee agrees to maintain the Improvements at all times to the satisfaction of the City. 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. 6. 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 Property, which may occur directly or indirectly from the construction, installation, and placement of the Improvements on the City Property. 7. 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. 8. 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. 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 reasonable cause. 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 Page 2 of 6 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. (Signatures on following pages) Page 3 of 6 IN WITNESS WHEREOF, the Parties have executed this Agreement on this day of G -,/I"- ,2023. CWC Hospitality, LLC . ,Scott M. khodes, Manager STATE OF SS. COUNTY OF ) Be it remembered, that on this day of �� , 20A3 , before me, the undersigned, a Notary Public in and for the State and County aforesaid, appeared Scott M. Rhodes, to me personally known, who, being by me duly sworn, did state that he is the Manager of CWC Hospitality, LLC, a Missouri limited liability company, and that he signed the foregoing instrument on behalf of said limited liability company as its free act and deed. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in said State and County, the date first above written. JK&u burn , Notary Public My Commission Expires: JILL RAYBURN Notary Public, Notary Seal State of Missouri Cape Girardeau County Commission # 17003125 My Commission Expires 06-19-2025 Page 4 of 6 ATTEST: �J(( ": City Cleric STATE OF MISSOURI SS. CITY OF CAPE GIRARDEAU, MISSOURI COUNTY OF CAPE GIRARDEAU �a Be it remembered, that on this day of , 20, before me, the undersigned, a Notary Public in and for the State and County 'foresaid, appeared Dr. Kenneth Haskin, City Manager of the City of Cape Girardeau, Missouri, a municipal corporation organized and existing under the laws of the State of Missouri, known by me to be the person described in and who executed the 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 and affixed my official seal in said State and County, the date first above written. My Commission Expires: OWY Publi No el la STATE OF l sso dL p't commis sioned for (a1 �ic1u�.a MY � omission Expim: 3/3120 r e- # 145831 93 Page 5 of 6 /�Jd J7 "A r I'l 111 111 x o pry �g`�3 RETAINING WALL PLAN FOR MIKOEHLER FARFIELD INN ENGINEERING AND LAND SURVEYING, INC. ff=3= 433 CAPE WEST CROSSINGS. CAPE GIRARDEAU, MISSOURI MO LS COA: LG 000282 MG ENGINEERING ICA :2W88198N �N V N y I. m«r� asa survaNse senora. P okLokoelaeron9 0 @'m Go'zi m �I � L1 Nl...k9 z gT s� /�Jd J7 "A r I'l 111 111 - - s 11 gags RR'�$$� i Il4 U g g = �g 4guy.SS� R�'pS € �� ah,S�� 5ui 's Igo �$ p �.1.t R F D g 8§ q € ..].P€34 71 O O 1 A �a fix": S^ S � � 3 M � � F q€ gh P n rn �a e� sqe R 9 $fig � o :€; � � a $ � � a s�= Zq p Rao 4 a� � eg`aoogn pry �g`�3 RETAINING WALL PLAN FOR MIKOEHLER FARFIELD INN ENGINEERING AND LAND SURVEYING, INC. ff=3= 433 CAPE WEST CROSSINGS. CAPE GIRARDEAU, MISSOURI MO LS COA: LG 000282 MG ENGINEERING ICA :2W88198N .I' I N y I. m«r� asa survaNse senora. P okLokoelaeron9 iyF eeiing.amG80C91 �I ■ 4 i - - s 11 gags RR'�$$� i Il4 U g g = �g 4guy.SS� R�'pS € �� ah,S�� 5ui 's Igo �$ p �.1.t R F D g 8§ q € ..].P€34 71 O O 1 A �a fix": S^ S � � 3 M � � F q€ gh P n rn �a e� sqe R 9 $fig � o :€; � � a $ � � a s�= Zq p Rao 4 a� � eg`aoogn pry �g`�3 RETAINING WALL PLAN FOR MIKOEHLER FARFIELD INN ENGINEERING AND LAND SURVEYING, INC. ff=3= 433 CAPE WEST CROSSINGS. CAPE GIRARDEAU, MISSOURI MO LS COA: LG 000282 MG ENGINEERING ICA :2W88198N N y I. m«r� asa survaNse senora. P okLokoelaeron9 iyF eeiing.amG80C91 0 4 9 44 N 0 M ip X11 HIM �Hl� ��'i�1�� l $'p F 0�a 0og �g IM E€ RETAINING WALL PLAN FOR MKOEHLER s=B$oo, FAIRFIELD INN ENGINEERING AND LAND SURVEYING, INC. 433 CAPE WEST CROSSINGS, CAPE GIRARDEAU, MISSOURI xo LscoA tseromz zm[xewEfxuia canzoowtaev �9 a �E.ms� Nee,w eaewe3m ZZ � 5q tPhwr.: 5ill]S:M fi-fac S(].]S5.]WBi RmNem9'+a'na'a �'. v> " CIITYOf CAPE L&I Agreement ' ., 6 1 R A R 15 E A LI 433 Cape West Crossings 'fie\dam vgo �` a 0* tit Ca • 425 la Con 01 to tL CD .33 tOt C.1 0 N S. .0' \ 0 to :61 4 65 Area of Interest LEGEND p wll 200 Feet 1'1,293 0 Cape City Addresses 1 i , Easement pe1i&1p60J W F n,�m >..a. Parcel • „,a �.,.��,.,,...�..�.�..� .o