HomeMy WebLinkAboutRes.3631.11-04-2024BILL NO. 24-111 RESOLUTION NO. U �03
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE LICENSE AND INDEMNITY AGREEMENTS
WITH PROPERTY OWNERS ALONG MINNESOTA AVENUE
AS PART OF THE MINNESOTA AVENUE AND HIGHWAY
74 INTERSECTION IMPROVEMENT PROJECT
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 Christopher L. McKee to
operate and maintain a hammerhead turnaround driveway adjacent
to 807 Minnesota Avenue, in the City of Cape Girardeau,
Missouri.
ARTICLE 2. 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 Marc R. and Patricia M.
Wicks to operate and maintain a hammerhead turnaround driveway
adjacent to 813 Minnesota Avenue, in the City of Cape
Girardeau, Missouri.
ARTICLE 3. The Agreements shall be in substantially the
form attached hereto, which documents are 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 L4 DAY OF , 2024.
Stacy KindYer,JMaj�or
ATTEST:
Traci Weissmueller, Deputy City Clerk
A
LICENSE AND INDEMNITY AGREEMENT
807 Minnesota Ave
This License and Indemnity Agreement, hereinafter referred to as the "Agreement", is
entered into by and between Christopher L. McKee, a Single Person, 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:
The City hereby grants the Licensee permission for the following improvements and/or
activities: To operate and maintain a hammerhead turnaround driveway within the original
City Right of Way of Minnesota Ave and the City Owned property adjacent to said Right
of Way as shown on 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.
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 day
of , 204.
Christoph r L. McKee
STATE OF
) SS.
COUNTY OF Mt �i I 1'�� 1 )
On this 1,4/ day of , 20 2J-1, before me personally appeared
Christopher L. McKee, a Single Person, who did state that they are the owner in fee simple of 807
Minnesota Avenue, and that they executed the foregoing instrument as the free act and deed of said
property for the purposes therein stated.
IN TESTIMONY WIIEREOF,1 have hereunto set my hand and affixed my official seal in
said State and County, the date first above written.
Notary Public Signature
71T -(o 4A
Notary Public Printed Name
My Commission Expires:
THOMAS SHERWOOD
Notary Public • Notary Seal
Cape Girardeau County • State of Missouri
Commission Number 24548655
My Commission Expires May 12, 2023
IN WITNESS WHEREOF, the Parties have executed this Agreement on this /4% day of
/�lovt'lm IOPr , 20 o7q..
CITY OF CAPE GIRARDEAU
Dr.
ATTEST:
Ga3 10 Conrad, City Clerk
STATE OF MISSOURI )
) SS.
City Manager
COUNTY OF CAPE GIRARDEAU�''
f
On this day of �I `� 20 (,� 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.
71� ter
�� A. , ,�
My Commission Expires:
Amanda L. McKinney
Notary Public -Notary Seal
STATE OF MISSOURI
Commissioned for Cape Girardeau
My Commission Expires: 3/3/2025
ID # 14581'! 93
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LICENSE AND INDEMNITY AGREEMENT
813 Minnesota Ave
This License and Indemnity Agreement, hereinafter referred to as the "Agreement", is
entered into by and between MARC R. and PATRICIA M. WICKS, Husband and Wife, 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 operate and maintain a hammerhead turnaround driveway within the original
City Right of Way of Minnesota Ave and the City Owned property adjacent to said Right
of Way as shown on 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 day
of ,202.
Mare -R Winks
�- -37,
Patricia M. Wicks
STATE OF K AIY fir )
COUNTYOF �;� � ) SS.
On this day of l' , 201H, before me personally appeared
MARC R. and PATRICIA M. WICKS, Husband and Wife, who did state that they are the owners
in fee simple of 813 Minnesota Avenue, and that they executed the foregoing instrument as the
free act and deed of said property 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.
My Commission Expires:
THOMASSHERW000
Notary Public • Notary Seat
Cape Girardeau County • State of Missouri
Commission Number 24548655
My Commission Expires May 12, 2029
tary Public Signature
Notary Public Printed Name
A IN WITNESS WHEREOF, the Parties have executed this Agreement on this lq� day of
NI `Lfjll b�r , 20—ZL.
ATTEST:
& I
AdA &94
Gaye Conrad, City Clerk
STATE OF MISSOURI )
CITY OF CAPE GIRARDEAU
Dr. Kennet s ity Manager
< EA
COUNTY OF CAPE GIRARDEAU) SS.\c��•s
On this jeday of`� , 20 1 before me personally appeared Dr.
Kenneth Haskm 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:
l az ar+da L. McK Il ey--
Ido Alblic-Notary Seal
S -. M OF MISSOURI
:cmm��ru=-Sioued for C
�`y Coll
sslon ExPires: G dean
3/3/2026
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