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Home My WebLink AboutRes.3710.2026-08-03BILL NO. 26-63 RESOLUTION NO. 3q1 0 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AND INDEMNITY AGREEMENT WITH OLD TOWN CAPE, INC., FOR A PLACEMAKING SIGN IN THE SOUTH MAIN STREET 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 Old Town Cape, Inc., for a placemaking sign in the right-of-way at the northeast corner of South Main Street and William 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 L� DAY OF , 2026 7 Robert Gua d, Mayor ATTEST: Courtney Davis, Deputy City Clerk LICENSE AND INDEMNITY AGREEMENT Northeast Corner of South Main Street and William Street Placemaking Sign THIS LICENSE AND INDEMNITY AGREEMENT, hereinafter referred to as this "Agreement", is entered into by and between OLD TOWN CAPE, INC., a Missouri Nonprofit 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, 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 install and maintain a placemaking sign in the right-of-way at the northeast corner of South Main Street and William Street as described and depicted in the attached exhibits, which are incorporated herein by reference. 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 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 and/or the conduct of any activities taken in connection with this Agreement 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. The Licensee hereby acknowledges that the City Property contains infrastructure in the location of said improvements. In the event that said improvements are removed or otherwise disturbed in order to access said 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. 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 any activities taken in connection with this Agreement 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. In the event that 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. 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. Executed by the Licensee on this U day of � oW , 2026. OLD TOWN CAPE, INC. o elyn AI .rson Interim Executive Director STATE OF MISSOURI ) ) SS. COUNTY OF CAPE GIRARDEAU ) ON THIS U day of W4 , 2026, before me, a notary public in and for said state, personally appeared Jocelyn Anderson, Interim Executive Director of Old Town Cape, Inc., a Missouri Nonprofit Corporation, known by me to be the person described in and who executed the foregoing instrument, and acknowledged that she executed said instrument as the free act and deed of said Nonprofit Corporation for the purposes therein stated. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in said state and county, the date first above written. (Signature) �a�I� YY�a xi u Sys e r (Printed Name) My Commission Expires: TAS}IA MARIR SCHUSLaR NutaySTA PublEOF& Nowy Sod STATeca MISSOURI SSOURI ty BB EXO : Mylbmmlubn ¢xldm: MayH,Mt• Commlulan YI9124091 Executed by the City on thisday of O, 1 - ,2026. CITY OF CAPE GIRARDEAU ' Dr. Ken, -4�rs in City :n.ler ATTEST: o/e1 (Signatur GV It (�� COun rlly) aa✓131 ( Duly (t✓zi CI Mt c, (Printed Name and Trtle) 1. 1 �y.,n ,+ W( y,,p. t_ Ts, :. STATE OF MISSOURI ) %.,5 kms ) SS. COUNTY OF CAPE GIRARDEAU ) ON THIS r)ay of ,1.t0 ,2026,before me,a notary public in and for said state, personally appeared Dr. Kenn Haskin,City Manager of the City of Cape Girardeau, a municipal corporation organized and ex sting 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 WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in said state and county,the date first above written. (Signature) 6 , I L it in t. a e) My Commission Expires: n\b\xp' 5 AMANDAL KINNE ARY PUBLIC.NOTARY SEAL STATE OF MISSOURI NY COMMISSION EXPIRES MARCH 3,3030 CAPE GIRARDEAU COUNTY COMMISSION 0458E193 4 (1) D/F ILLUMINATED MONUMENT EXTRUDED ALUMINUM CABINET, PAINTED SILVER METALLIC. INTERNALLY ILLUMINATED WITH WHITE LEDs. FLAT ACRYLIC FACES WITH 2NO SURFACE GRAPHICS. MOUNTED ON TWO STEEL POLES, PAINTED BLACK TO RESEMBLE SMOKESTACKS. DECORATIVE ALUMINUM TOPPERS, PAINTED GOLD METALLIC. BASE PLATE AND FOUR J -BOLTS PER POLE, WITH CONCRETE FOOTINGS. scale: 72" cabinet -- SIDE VIEW x— 42 c- -- 16"--d 24 —J �— 24 --� diameter I diameter M ' CITY Of CAPE GIRARDEAU ,` & IndemnityAgreement 128 : g License NE Corner of S. Main St. , lowiA ' & William St. s . `i Red House Fa"t- a t s"- 'Zr • Murtaugh ... ' Park it cd 2 I 1 co Sign to be at ' least 8 feet from back of curb. moulumummiummermamilmommil .. .. 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