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Home My WebLink AboutRes.3616.08-05-2024 BILL NO. 24-74 RESOLUTION NO. S g !- (Cl A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AND INDEMNITY AGREEMENT WITH THE SOUTHEAST MISSOURI DISTRICT FAIR FOUNDATION RELATING TO LIVESTOCK SHELTERS AND OTHER STRUCTURES, 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 Southeast Missouri District Fair Foundation to install, operate, and maintain any current, proposed, and future livestock shelters, or accessory structures within the bounds of the area bordered by Optimist Drive, Expo Way, and Jaycee Drive in Arena Park, 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. The officers, agents, and employees of the City are hereby authorized to execute all documents and take steps as they deem necessary and advisable to carry out and perform the purpose of this Resolution. PASSED AND ADOPTED THIS DAY OF AAAr , 2024 . Da res on, Mayor Pro Tempore ATTEST: v _ _ /141,4 � yrs 03 Bruce Taylo Deputy City Clerk m, 'P E V NX 0 LICENSE AND INDEMNITY AGREEMENT This License and Indemnity Agreement, hereinafter referred to as this "Agreement", is entered into by and between SOUTHEAST MISSOURI DISTRICT FAIR FOUNDATION, hereinafter referred to as the "Licensee", and the CITY OF CAPE GIRARDEAU, 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". WHEREAS, the Licensee desires to place certain improvements and/or conduct certain activities in or on the public right-of-way or other property owned or controlled by the City, hereinafter referred to as the"City Property"; and WHEREAS,the City has prepared this Agreement for the purposes of granting permission to the Licensee to place said improvements and/or conduct said activities in or on the City Property, subject to certain conditions contained herein. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the Parties do hereby state, acknowledge, and agree as follows: 1. The City hereby grants the Licensee permission for the following improvements and/or activities: to install, operate, and maintain any current, proposed and future livestock shelters or accessory structures within the bounds of the area bordered by Optimist Drive, Expo Way, and Jaycee Drive in Arena Park located in the City and County of Cape Girardeau, Missouri as shown in the attached Exhibit. 2. The Licensee hereby assumes 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 as a result of the placement of said improvements and/or the conduct of such activities in or on the City Property. 3. The Licensee hereby releases the City,its officers, employees, agents,servants,and assigns from any liability resulting from the placement of said improvements and/or the conduct of such activities in or on the City Property. 4. The Licensee hereby indemnifies and holds 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 parties or alleged to be received or sustained by any party or parties that may result directly or indirectly from the placement of said improvements and/or the conduct of such activities in or on the City Property. 5. The Licensee hereby agrees to keep said improvements in a state of good repair and to cooperate with the City by making necessary repairs as requested by the City so as to protect and preserve the public health and safety. 6. The Licensee hereby agrees that it will not maintain in or 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 (hereinafter referred to as "RCRA"), hazardous substances as defined in the Comprehensive Environmental Response Compensation and Liability Act, as amended (hereinafter referred to as "CERCLA"), and toxic substances as defined in the Toxic Substances Control Act, as amended (hereinafter referred to as "TSCA"). Any operations in or 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 conduct of business in or on the City Property that constitutes a violation of environmental laws or any other laws, regulations, ordinances, statutes, order or decrees of any governmental body. 7. Neither this Agreement, nor any portion thereof, nor any actions of the City in granting permission to place said improvements and/or conduct said activities in or on the City Property, shall be construed to give the Licensee any irrevocable rights with respect thereto. The City reserves the right to terminate this Agreement and to order the removal of said improvements and/or the cessation of said activities, at the Licensee's cost, for any reason. In such event,the Licensee agrees to remove said improvements and/or cease said activities within a reasonable period of time as determined by the City. Should the Licensee fail to remove said improvements and/or cease said activities within said period of time, the City shall have the right to cause said improvements to be removed and/or said activities to be stopped, and any costs incurred by the City in doing so shall be paid by the Licensee. Should the Licensee fail to pay the City for said costs, the City shall have the right to issue a special tax bill, which shall be a lien against the Licensee's property referenced herein. 8. This Agreement shall be a continuing obligation running with the land, and shall bind the Licensee and any heirs, executors, administrators, successors, assigns, and legal representatives of the Licensee. This Agreement shall be recorded in the Office of the Recorder of Deeds of Cape Girardeau County, Missouri, and shall be of record. (Remainder of this page intentionally left blank) IN WITNESS WHEREOF, the Parties have executed this Agreement on this 12 `'day of vl /2 , 20M- . SOUTHEAST MISSOURLDIS FAIR FO ATION Cl--- . Siinaturre - F.4__ _3E___'--Pi .0 c___ 0 Printed Name and Title STATE OF Kkiouk../( ) ) SS. COUNTY OF & C (RA-RD 6J ) POOn this 1 -i "day of OR) , 20RA, be ore me personally appeared ' + are the 0I tVQe of �t= , who did stat@that they Southeast Missouri District Fair Foundation, and that they executed the foregoing instrument as the free act and deed of said Limited Liability Company for the purposes therein stated. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in said State and County, the date first above written. I jiv, .)4 .tp,....asivi) Notary ublic Signature C01 7L, (14,4---eir6' Notary Public Printed Name My Commission Expires: CAROL&PETERS NOTARY PUBLIC-NOTARY SEAL STATE OF MISSOURI MY COMMISSION EXPIRES NOVEMBER 19,2024 CAPE GIRARDEAU COUNTY COMMISSION#12684121 in,`1! 4, W TNESS WHEREO , the Parties have executed this Agreement on this U day of CITY OF CAPE GIRARDEAU ,,,,, , • _( 1 ,, ELI Dr. Ke t ski •• * .1 ATTEST: # ........... +y� .q�5yy q001,.-.- / Jignature - Y _ d:. e-ru .i _ , Printed Name and Title STATE OF MISSOURI ) ) SS. COUNTY OF CAPE GIRARDEAU ) On this day of`_, 1 tik, _�k , 2 ?$J1 before me personally appeared Dr. Kenneth Haskin, qty Manager of the e i, of Cape Girardeau, a Municipal Corporation organized and existing under the laws of the Staten f Missouri, known by me to be the person described in and who executed the foregoing instrument, and acknowledged that the foregoing instrument was signed and sealed on behalf of said City by authority of its City Council, and acknowledged that he executed the same as the free act and deed of said City. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in said State and County,the date first above written. • er' f] 1 / II 44 f�� isi , i otar�» Public Signature My Commission Expires: e SO Lirlinne dal•-mog Beal Aman l��vow*, seg Notary Public Printed Name N��C�ISS¢e,4s�3dean Co vlission foaC '� •31312026 My CO ID#14$g3