HomeMy WebLinkAboutRes.3702.2026-05-18 BILL NO. 26-44 RESOLUTION NO. 3'7601
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE A LICENSE AND INDEMNITY AGREEMENT
WITH SOUTHEAST MISSOURI STATE UNIVERSITY FOR
VARIOUS IMPROVEMENTS IN THE NORMAL AVENUE
RIGHT-OF-WAY, 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 Southeast Missouri State
University for various improvements in the Normal Avenue right-
of-way, 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 , 2026.
Robert F. Gua Mayor
ATTEST:
Courtney D is, Deputy City Clerk
'f,
LICENSE AND INDEMNITY AGREEMENT
This License and Indemnity Agreement, hereinafter referred to as this "Agreement", is
entered into by and between SOUTHEAST MISSOURI STATE UNIVERSITY, 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, this Agreement has been prepared 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 construct, install, and maintain decorative concrete surfacing, placemaking
elements (e.g., art, lighting, etc.), and landscaping upon Normal Avenue and the Normal
Avenue right of way in the area as shown in the attached Exhibit, which is incorporated
herein by reference and which final design shall be subject to approval by the City, and
which approval shall not be unreasonably withheld.
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 City
Property, which may occur directly or indirectly as a result of the placement of said
improvements and/or the conduct of any activities taken in connection with this Agreement
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 any activities taken in connection with this Agreement or on the City Property.
4. To the extent permissible by law, the Licensee hereby indemnifies and holds harmless the
City, its officers, employees, agents, servants, and assigns from and against any and all
claims, demands, damages,judgements, loss,liability, suits and actions of every name and
description brought against the same, including attorneys' fees and costs for witnesses or
experts, resulting from, incident to, connected with or arising out of actions or inactions
taken in connection with this Agreement, including but not limited to, 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 or on the City Property.Notwithstanding the foregoing,and for the avoidance
of any doubt,given the Licensee's status as a state institution,the provisions of this paragraph
1
will be superseded by applicable state laws. If for any reason the Licensee fails to fully
indemnify the City, the City reserves the right to immediately terminate this Agreement.
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. The Licensee hereby acknowledges that
the City Property contains utility infrastructure in the location of said improvements. In
the event that said improvements are excavated, removed, or otherwise disturbed in order
to access said utility infrastructure for purposes of maintenance, repair, replacement,
expansion, or removal, the restoration of said disturbed improvements shall be the sole
responsibility of the Licensee and the City shall not be liable in any way for any costs or
expenses related to such restoration.
5. 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.
6. 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 any activities
within a reasonable period of time as determined by the City. Should the Licensee fail to
remove said improvements and/or cease any activities within said period of time, the City
shall have the right to cause said improvements to be removed and/or activities to be
stopped, and any costs incurred by the City in doing so shall be paid by the Licensee. In
the event the City should bring an action to enforce the terms of this Agreement, the City
shall be entitled to recovery from the Licensee for any and all fees and expenses incurred,
including but not limited to attorneys' fees and costs for witnesses or experts.
7. 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.
(Signatures on following pages)
2
Executed by the Licensee on this 0C 7 day of rl '2026.
SOUTHEAST MISSOURI STATE UNIVERSITY
radjHodson,Vresident
ATTEST:
(Signatzii•e)
G'YI215-a PiIP2`'.`�.1'•/`'1`%�R;„J ' Bef1r2� S�c1E"i'AR.j
(Printed Nanre.ari fiTitle)---- '
STATE OF MISSOURI )
) SS.
COUNTY OF CAPE GIRARDEAU)
ON THIS 151 day of_lUaA& _, 2026, before me, a Notary Public in and
for said State, personally appeared Dr. Brad Hodson, President of Southeast Missouri State
University,known by me to be the person described in and who executed the foregoing instrument,
and acknowledged that said instrument was signed and sealed on behalf of said University by
authority of its Board of Governors,and further acknowledged that he executed said instrument as
the free act and deed of said University 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.
Nota seal •'
Notar�r��pl�c toe #
My COmrtllfGilon E9=811 3312030 � � (Signature)
• Conemteolon• xees1eea
(Printed Name)
My Commission Expires: I I -;tO3 o
i
Executed by the City on this day of 1 ,2026.
CITY OF CAPE GIRARDEAU
Dr. K et Haskin, City Manager
ATTEST:
(Sign re)
(Printed Name and Title) b
STATE OF MISSOURI )
) SS.
COUNTY OF CAPE-GIRARDEAU )
i
ON THIS day of , 2026, before me, a Notary Public in and
for said state, personally appeared Dr. Kq6eth Haskin, City Manager of the City of Cape
Girardeau, Missouri, a Municipal Corporat n 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 said instrument was signed and sealed on behalf of said City
by authority of its City Council, and further acknowledged.that he executed said instrument as the
free act and deed of said City 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.
( ' ature)
(Printed Name)
My Commission Expires: 3�1 �
- - _ ..- �y - � `L.MCKINNEY ..
��-
BUC-NOTARY SEAL
STATEOF MISSOURI
VY.(;OARMISSION&i19%MARCH 3,2030
- = CAFEGIRA�BOUNTY
COMMlsstoii _ 93 4
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EXHIBIT
KEY NOTES
` 1 Hardsca Al e Acid Etched
p
r Colored Concrete
A2 Hardscape:Broom Finish
Concrete
)
• w a3 — K ��,,, - A3 Hardseape.Acid Etched
Concrete
tea` IMI A4 H dsca •Col Concrete ar pe. Dred
w� " ^ B Water Feature
d X'Ktalnln
� Walls g
atwalls
D Steps with Handrails
E Ramps with Handrails--�
F1 CanopyTree
F2 Flowering Tree
F3 Existing Trees to Remain
r . �
Ci Seasonal Annual Bed
62 Foundation Shrub Hedge
M„ H
Lawn
y
RedHawk Sculpture
NORMAL AVE k �W����`�� (4-b"wide xil'tall)
eJ Bench
K
.a Bollards
j
1
LAWRENCE
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