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Home My WebLink AboutRes.3633.11-18-2024 BILL NO. 24-122 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AND INDEMNITY AGREEMENT WITH LONE STAR INDUSTRIES, INC. , TO PLACE CERTAIN IMPROVEMENTS ALONG SOUTH SPRIGG 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 LONE STAR INDUSTRIES, INC. , to install, operate, and maintain a total of four solar-powered beacon light warning signs along South Sprigg Street Right of Way on either side of the Buzzi Unicem Concrete Plant, located at 2524 S . Sprigg St . , 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 1 U DAY OF11J0VfM IJ�J, 2024 . c Stacy Ki der Mayor ATTEST : 61 Traci Weissmueller, Deputy City Clerk k t 2IiE UNI N 4f LICENSE AND INDEMNITY AGREEMENT This License and Indemnity Agreement, hereinafter referred to as this "Agreement", is entered into by and between LONE STAR INDUSTRIES, INC., a Delaware corporation, 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 total of four solar-powered beacon light warning signs along South Sprigg Street Right of Way on either side of the Buzzi Unicem Concrete Plant, located at 2524 S Sprigg St, Cape Girardeau, Missouri.The southernmost signs will be placed approximately 400-450 feet southwest frorn Gate # 3 which is the southernmost entrance (A.K.A. Old Commerce Rd) into the plant facility, while the northernmost signs will be installed approximately 300-350 feet north of Gate # 1 which is the northernmost main driveway entrance into the plant facility,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 28 day of October 92024 . LONF TAR INDT TRIES,INC. Signature 10/28/2024 Printed Name and Title STATE OF m 1�Saurt ) ) SS. COUNTY OF �i uaeaa�) On this alfg day of jnc--6 b -f, , 20 a 4t, before me personally appeared O , who did state that they are the pta �l wnci.e�1• of LONE�TAR INDUSTRIES, INC., a Delaware corporation, and that they execute 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. `0111 i l 11/I/�., o�1�NOTARY ,g/2 _UjQ PUBLIC N:(n= otary Public S'gnature • NOTARY 0 SEAL N•90�1132533'2 pJ '•,,SOF MSS%\�` 111/ ,,,,,f l J I YLg /111 Notary Public Printed Name My Commission Expires: IN WITNESS WHEREOF,the Parties have executed this Agreement on this day of ,20 CITY OF CAPE GIRARDEAU Dr. Kenneth Haskin, City Manager ATTEST: Gayle Conrad, City Clerk STATE OF MISSOURI ) ) SS. COUNTY OF CAPE GIRARDEAU ) On this day of , 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. Notary Public Signature My Commission Expires: Notary Public Printed Name EXHIBIT A AUTHORIZED IMPROVEMENTS AND/OR ACTIVITIES (on follotining page(s)) y m L (�` � CITYf)j"C PE Lone Star Industries <.�. 0 1 R A R P F A 0 L & I Agreement - S Srigg St r � t t ? r, O GIL 2524 GEiC f' 10 0- 0 . Approx LOCation Of LEGEND Be&,mn Signs - i Cape Citi Addresses . � .- � ./{e'``�•'. 5dor r�ro:psa GNr;'CLti•:I+SC6rL1 farce[ ITYpf CAPE Lone Star Industries OIRARDEAU L & I Agreement - S Srigg St �s ,. yy `y At ' a k 3 whe C' AOL �r dp 4Hut $ v R r � w Approx Location of LEGEND Beacon Signs 0 150 300 Feet Cape City Addresses N ' I I I ' 11 1:3,300 Date:914QO24 carr kirrapr rl uRnral W E Cmabd by.Development Servi ae layerap—id1Z by to Ced vi=lCape e' GiTb,,,[a,m es t,be d laidonly Ter a Heifner,Alenw Water Resorroea ad ar not gavnnced o k axerare Parcel Data 3errra�a>: IDeselayesa norrnbeused for any S Clyof Cape Girardeau Government.MO engine m,g,rd,stn propose