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Home My WebLink AboutRes.3574.09-05-2023 BILL NO. 23-127 RESOLUTION NO. 15 7Y A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AND INDEMNITY AGREEMENT WITH RONALD M. & CHARLOTTE A. ANGLES TO PLACE CERTAIN IMPROVEMENTS ON AN UNIMPROVED PORTION OF FLAD AVENUE, 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 Ronald M. & Charlotte A. Angles, Trustees of the Angles Qualified Spousal Trust, to place certain improvements on an unimproved portion of City right of way of Flad Avenue north of Jasmine Lane in the Belleridge Subdivision, 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 64 DAY OF ag eikpic 2023 . LC)\-- Stacy Kin r, M yor ATTEST: -LGN 2- .«� , e ce Taylo , Deputy City Clerk ,GYRb ,, a4i k $ f�• T� Ot i .g,- Vp . ,, THE UNION 3EpM 1., eRecorded DOCUMENT # %""%a 2023-07466 =ORDER OFc('c�Q41/ ANDREW DAVID BLATTNER N I RECORDER OF DEEDS Q' MN =�r CAPE GIRARDEAU COUNTY, MO I eRECORDED ON t➢o 09/11/2023 08:31:06 AM IIyF �'�s REC FEE: 39.00 OJr PAGES: 6 ttttR�.E.:U, ` RECORDER OF DEEDS COVER PAGE Title of Document: License and Indemnity Agreement 2960 Jasmine Ln 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: Ronald M. Angles and Charlotte A. Angles,Trustees of the Angles Qualified Spousal Trust U/A/D June 6, 2019 2960 Jasmine Ln Cape Girardeau, MO 63701 Legal Description: All of Lots One(1) and Two(2) in Block Nine(9) of Belleridge Subdivision in the City and County of Cape Girardeau, Missouri, as shown on the plat filed for record in Plat Book 5 at Page 61 in the land records of Cape Girardeau County. Missouri. Reference Book & Page,if Required: Doc#2019-05134 LICENSE AND INDEMNITY AGREEMENT This License and Indemnity Agreement, hereinafter referred to as this "Agreement", is made and entered into thisf, day of , y, a+ , 20 ;Z::3, by and between RONALD M. ANGLES AND CHARLOTTE A. AN ES, TRUSTEES OF THE ANGLES QUALIFIED SPOUSAL TRUST U/A/D JUNE 6, 2019, 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 deity 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 Flad Avenue right-of-way north of Jasmine Ln and a garage or shed structure in said right-of-way, as well as, the ability to trim or remove trees in said Flad Avenue right-of-way for approximately 208 feet by 46 feet, contiguous to the Licensee's property, north of the north right-of-way line of Jasmine Lane. Utility Locates will need to be requested any time work will. be done in the Flad Avenue right -of --way area. Said gravel surface, structure, & tree trimming are hereinafter referred to as the "Improvements" and said unimproved portion of the Flad Avenue right-of-way is hereinafter referred to as the "City Property". 2. The Licensee agrees that the hmprovements shall only be used to provide access to its property, more particularly described as Lot #'s 1 & 2 in Block 9 of Belleridge Subdivision as recorded in Plat Book 5 at Page 61 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 Flad Avenue right-of-way for access, subject to approval by the City. 3. The Licensee agrees to maintain the Improvements at all tinges 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. 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. Page I of 4 4 If and when the Licensee's Property is subdivided, this Agreement shall become null and void Lidless 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 injuiy 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. 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 naive 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. 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. 9 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 constitiied 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 hnprovements 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. Page 2 of 4 10 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. IN WITNESS WHEREOF, the Parties have executed this Agreement on this Z -1"k day of 2 j ANGLES QUALIFIED SPOUSAL TRUST U/A/D JUNE 6, 2019 F� �-- RONLl) M. TaTGLES, Trustee CHARLOTTE A—.'AN&I!S, Trus e N� STATE OF SS. COUNTY OFCC((_)f On this day of -& Vie: t(,St7 , 20%3 , before me personally appeared Ronald M. Angles and Charlotte A. Angles, Tidstees of the Angles Qualified Spousal Trust U/A/D dated June 6, 2019, 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, ,�Andj&zlij LA 10 -1Wtj ()ft jg ij A Notary Public NOTARY My Cominission Expires: *`q FUSLIC NOTARY • SEAL COMMISSION #13502930 'OrT CO'A'* Page 3 of 4 IN WITNESS W E%F,, the Parties have executed this Agreement on this day of ;` CITY OF CAPE GIRARDEAU, MISSOURI ATTEST: City Clerk STATE OF MISSOURI ) ) SS. Dr. Kens h Haskin, City Manager COUNTY OF CAPE GIRARDEAU ) On this day of ilk 00-J) 20 , before me personally appeared Dr. Kenneth Haskin, City Manager of t e ity 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 hajid and affixed my official seal in said State and County, the date first above written. so, d 4 My Commission Expires: Notary Amand:8, X-"xtel st �bfinrAtP 4 �7b8xC�0alg vires: 3/3/2026 ED# 145&R 193 1-- _-� Page 4 of 4 Ft-`+ ` CITYOf CAPE L&I Agreement i ,. �': r 6 1 R A R U E A V 2960 Jasmine Ln 9 COLL ppunimproved / Flad Ave Right-of-Way •2960 2950 • Jasmine Ln a n LL Q Area of Interest LEGEND 0 50 100 Feel • Cape City Addresses N tsoo 4bk. DH *1712021 Parcel w , �. ,„ S