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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 � '- 1458133 4 ITY0CAPE L&I Agreement A I R A R O► E A L! 2960 Jasmine Ln W a' E unimproved / Flad Ave Right-of-Way 0 2960 • 2950 • 46 ft Jasmine Ln a' • LL Area of Interest LEGEND 0 50 100 Feet • Cape City Addresses N ' ' 1:600 CITY•f•CaPP FeIGAROCdi1 -�\'I�_- Date:8/17/2023 � ('\1/_ eve6 meet Servbes Layers vded by ne Cm of Ce Created by'D p Cn"nNea� re to be used for vista ad only pe W E Teresa Hefner,A Mance Water Resources Parcel �:►J and amuotgan aQd tobe.mamte Deter Sources): 'hese lays ere eat,be us ed for any mg=mug and®gvpu rprse 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 a EXHIBIT A - AUTHORIZED IMPROVEMENTS AND/OR ACTIVITIES (on following page(s)) fi 7i 7i . _M 4 s ' d �I ¢ S ; 3 t I S r /;.°j ------------ E � F gFFF ggpat �x R2SK • �a o ��T-. � [] gi[+g] g{g5$0 3 t Ed l3 ::�; F l+ 5 lilt _ I a j, o if �s$ �g E f :x �} @ A RETAINING WALL IMPROVEMENTS FOR ROBERT AND ANN GIFFORD 439 MARL` STREET 'S o Bowen: ENGINEERING & SURVEYING }Y r;.^ {jh p CAPE GIRARDEAU. MO 83701