HomeMy WebLinkAboutRes.3628.10-07-2024BILL NO. 24-97 RESOLUTION NO. 3 �.$
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE A LICENSE AND INDEMNITY AGREEMENT
WITH RICHARD NEWLAND AND COLLEEN NEWLAND, 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 Richard Newland and Colleen
Newland, husband and wife, to place and maintain 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. 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 Of0ber , 2024.
ATTEST:
Gayle . Conrad, City Clerk
Stacy KirAer) Mayor
AMENDMENT TO LICENSE AND INDEMNITY AGREEMENT
This Amendment to License and Indemnity Agreement, hereinafter referred to as this
"Agreement", is entered into by and between Richard Newland and Colleen Newland, husband and
wife, of the City of and County of Cape Girardeau, in the State of Missouri, 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". This Agreement
is made to amend the agreement made and accepted by City Council in Resolution 3574 on 9-05-2023,
which is recorded in the land records of Cape Girardeau County, Missouri in Document Number 2023-
07466, hereinafter referred to as the "Original Agreement". 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 amending the Original
Agreement and granting additional 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, at the Licensee's sole cost, a paved driveway
surface, and not just a gravel driveway as previously stipulated in the Original Agreement, in
the unimproved Right -of -Way of Flad Avenue contiguous to Licensee's property. Said property
being Lot 1 of Block 9 of Belleridge Subdivision as recorded in Plat Book 5 at Page 61 in the
land records of Cape Girardeau County, Missouri. Unimproved Flad Avenue Right -of -Way
adjacent to said Lot 1 being more specifically described as 46 feet wide being north of and
parallel to the North Right of Way Line of Jasmine Lane by 85 feet long adjacent to and west of
the western Lot Line of said Lot 1.
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.
1
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.
9. Except to the extent that they are otherwise herein modified or repealed, all other provisions of
the Original Agreement shall remain in full force and effect
(Remainder of this page intentionally left blank)
2
a
IN WITNESS WHEREOF, the Parties have executed this Agreement on this day of E
0 (-TO )G g2- , 20 24 .
Richard -Newland and Colleen Newland
01
New
STATE OF
) SS.
COUNTY OF (,AEC C-7(R6KQCja0 )
On this day of dc-&er , 20 Z�(, before me personally appeared Richard
Newland and Colleen Newland, husband and wife, who did state that they are the owners in fee simple
of 2960 Jasmine Lane and that they executed the foregoing instrument as the free act and deed 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.
THOMAS SHERWOOD NdtGry Public Signature
Notary Public . Notary Seal
[My
e Girardeau County • State of Missouri
Commission Number 24548655
Commission Expires May 12, 2028l� �,?fig C'/ Cy oaC2
Notary Public Printed Name
My Commission Expires:
3
WITNESS WHEREOF, the Parties have executed this Agreement on this day of
20�
ATTEST:
Gayle nrad, City Clerk
STATE OF MISSOURI )
) SS.
COUNTY OF CAPE GIRARDEAU )
CITY OF CAPE GIRARDEAU
X�
Dr. KeA91h Haskin,-City Manager
On this ohday of 265H, before me personally appeared Dr.
Kenneth Haskin, City Manager of the City of Cape Girardeau,'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: , �31
M�
Amanda L. I—
Nowy Public -Notary Beal
STATE OF MISSOURI'-ommisaioned for Cape Oi,, eau
My (on7mission Expires 3/. /Ird
026
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4
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Cdy of Cape Girardeau Government,MO
LICENSE AND INDEMNITY AGREEMENT
This License and Indemnity Agreement, hereinafter referred to as this "Agreement", is entered
into by and between Richard Newland and Colleen Newland, husband and wife, of the County of Cape
Girardeau, in the State of Missouri, 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". This Agreement is made to Amend the Agreement made
on 8-28-2023 between the City and the Licensee, which is recorded in the land records of Cape
Girardeau County, Missouri in Document Number 2023-07466. 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 a paved driveway atop the existing gravel driveway
in the unimproved Right -of -Way of Flad Avenue in the City of Cape Girardeau, Missouri.
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
1
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)
2
IN WITNESS WHEREOF, the Parties have executed this Agreement on this (Ct64, day of
,`o
20 7-U.
NeWand
Colleen N
STATE OF� �0 C/J � )
) SS.
COUNTYOF
Colleen Newland
On this Ot0t day of 202Q, before me personally appeared Richard
Newland and Colleen Newland, husband and wife, who did state that they are the owners in fee simple
of 2960 Jasmine Lane and that they executed the foregoing instrument as the free act and deed 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.
tary Pub >c Signature
Notary Public Printed Name
My Commission Expires:
THOMIAS SHERWOOD
Nntary Public Notary Snil
C,Ye :irardeau County • $tat: of Missouri
commission Number 24548655
;n Expires May 12, 2028
3
M
IN W�IrT�NESS WHEREOF, the Parties have executed this Agreement on this day of
20.
CITY OF CAPE GIRARDEAU
ATTEST:
&71, �'
Gayl nrad, City Clerk
STATE OF MISSOURI )
) SS.
COUNTY OF CAPE GIRARDEAU )
* Dr. Ke et h skin, City Manager
On this d\ day of , 20tr\A, before me personally appeared Dr.
Kenneth Haskin, City Manager of e City of Cape Girardeau, 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:`�j�(�r
.� L. McKinney
c . 461,0-Notwy seal
°,vazr, !7 A 126
Or Tfi� iJt1
-
1
N
No ary a lic Printed Name
4
BILL NO. 24-96
RESOLUTION NO. 3t'47
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE A LICENSE AND INDEMNITY AGREEMENT
WITH GIFFORD QUALIFIED SPOUSAL TRUST, TO
PLACE CERTAIN IMPROVEMENTS ALONG NORTH
SPRIGG STREET ADJACENT TO PROPERTY LOCATED
AT 439 MARIE STREET, 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 Gifford Qualified Spousal
Trust, for installation of a segmental block retaining wall
which extends into the City's Right of Way adjacent to the
Licensee's property located at 439 Marie Street, 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 I DAY OF 2024.
ATTEST:
&It� d 6-X 4,
Gayleo. Conrad, City Clerk
r
Stacy Ki er, Aayor
LICENSE AND INDEMNITY AGREEMENT
This License and Indemnity Agreement, hereinafter referred to as this "Agreement", is entered
into by and between Robert M. Gifford, Jr., and Ann P. Gifford, or their Successors, Trustees of the
Gifford Qualified Spousal Trust Agreement originally dated September 30, 2013, of the County of
Cape Girardeau, in the State of Missouri, 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 a segmental block retaining wall reaching 8 feet tall
at its highest point that extends into the City's Right of Way adjacent to the Licensee's property
located at 439 Marie Street. The wall will begin approximately 6 feet from the back of the curb
of North Sprigg Street.
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)
2
IN WITNESS WHEREOF, the Parties have executed this Agreement on this day of
20
Gifford Qualified Spousal Trust Agreement
originally dated September 30, 2013
Obert M. Gifford, Jr., Trust e
Ann .(ji Ord, Trustee
STATE OF� (� )
) SS.
COUNTY OF�
On this (` day of �ap�, 20Lq, before me personally appeared Robert M.
Gifford, Jr., and Ann P. Gifford, or their Successors, Trustees of the Gifford Qualified Spousal Trust
Agreement originally dated September 30, 2013, of the County of Cape Girardeau, in the State of
Missouri, a Missouri Trust, who did state that they are the owners in fee simple of 439 Marie Street and
that they executed the foregoing instrument as the free act and deed of said Trust 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.
otary Public Signature
Notary Public Printed Name
My Commission Expires:
THOMAS SHERWOOD
Notary Public - Notary Seal
Cape Girardeau County - State of Misxe
Commission Number 245 4
My Commission Expires N..:.
THOMAS SHERWOOD
Notary Public - Notary Seal
Cape Girardeau County . State of Missouri
Commission Number 24548655
My Commission Expires May 12, 2028
'V�
IN WITNESS WHEREOF, the Parties have executed this Agreement on this day of
$Qi Q �, 20k.
ATTEST:
Gayl nrad, City Clerk
STATE OF MISSOURI )
) SS
CITY OF CAPE GIRARDEAU
Dr. K e askin, City Manager
COUNTY OF CAPE GIRARDEAU )
On this�C day ofclllc� , 2(D�A before me personally appeared Dr.
Kenneth Haskin, City Manager ofWe City of Cape Girardeau, 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:1
Amanda L. McKinney
Notary Public -Notary Seal
STATE OF MISSOUp.1
o „ „issioned for Cape Girardeau
'.;emission Expires: 3,3/2026
STI
# 1458Z193
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EXHIBIT A -
AUTHORIZED IMPROVEMENTS AND/OR ACTIVITIES
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RETAINING WALL IMPROVEMENTS FOR
ROBERT AND ANN GIFFORD
439 MARL` STREET
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p CAPE GIRARDEAU. MO 83701