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HomeMy Public PortalAboutORD07256 ORDINANCE NO. 7 2 5 6 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING AND DIRECTING THE MAYOR AND THE CITY CLERK OF THE CITY OF JEFFERSON; MISSOURI, TO EXECUTE FOR AND IN THE NAME OF SAID CITY AN AGREEMENT WITH THE CURE-LINHARDT CONSTRUCTION COMPANY RELATING TO THE TEMPORARY USE OF THE MUNICIPAL OFF STREET PARKING GARAGE PENDING INSTALLATION OF THE ENTRANCE AND EXIT GATES OF SAID FACILITY, FINAL INSPECTION AND APPROVAL BY THE ARCHITECTS AND FINAL ACCEPTANCE BY THE CITY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The Mayor and the City Clerk of the City of Jefferson, Missouri, are hereby authorized and directed to execute an agreement for and in the name of said City with the Cure-Linhardt Construction Company relating to the temporary use and occupancy by the city and the general public of the off street parkin g y facilit pending installation P g of the entrance and exit gates, final inspection and approval by the architects and acceptance of said off street parking lot garage by the City. Section 2. Said agreement shall read in words and figures as follows: A G R E E M E N T THIS AGREEMENT, made and entered into this 23rd day of July, 1962, by and between the City of Jefferson, Missouri, a municipal corporation of the third class, located in Cole County, Missouri, hereinafter termed the "City" , and William D. Cure and Ernest F. Linhardt, a partnership, doing business as Cure-Linhardt Construction Company, of Cole County, Missouri, hereinafter termed the "Contractor": WITNESSETH WHEREAS, the Contractor has completed all work on the off street parking lot facility located on Madison Avenue in said city, with the exception of installing entrance and exit gates which have not yet been delivered on the job site to the Contractor, and WHEREAS, upon installation of the entrance and exit gates, said off street parking lot facility shall be ready for inspection by the architects who designed said structure, and WHEREAS, the City desires to make the facility available for public use pending the installation of the entrance and exit gates, final inspection by the architects, and final acceptance by the city of said facility, and WHEREAS, the Contractor is agreeable to permitting the City to make said facility available for temporary use by the public generally, until installation of the entrance and exit gates, and final inspection by the architects , under certain specific conditions, and WHEREAS, the City is agreeable to meeting the conditions of the Contractor, now therefore: IT IS AGREED BY THE CITY AND THE CONTRACTOR AS FOLLOWS: 1. The City shall assume all liability to the public for injuries sustained by any person and damage to any property, and any expenses accruing to the Contractor incidental thereto caused by the use of the facility by the city and the general 2 - public during the period which the City temporarily occupies and operates said facility prior to the installation of the entrance and exit gates, final. inspection by the architects and acceptance of the facility by the city, except such injuries or damages, and any expenses accruing to the Contractor incidental thereto, as may result from the use of defective materials or defective workmanship by the Contractor. 2. The City assumes all responsibility for damage to the facility, whether by fire, the elements, an act of god, the actions of third parties or otherwise, during the period in which the City Temporarily occupies and operates said facility prior to the installation of the gates, final inspection by the architects and acceptance of the facility by the city, except such damage to the facility as may be the result of defective materials or defective workmanship by the Contractor. 3. The City assumes and agrees to pay all costs for utility service incurred in the operation of the facility during the period in which the City temporarily occupies and operates said facility prior to the installation of the gates, final inspection by the architects and acceptance of the facility by the City. 4. The City agrees that the condition of the off street parking facility, upon commencement of the temporary occupation and operation of same by the City under the terms of this agreement, shall be deemdd and considered to be the condition of the facility at the time of and for the purposes of the final inspection of said facility by the architects, except for the installation of the entrance and exit gates . • 5. The parties agree that the temporary use of the facility by the City, as above provided, shall not be construed as any admission or representation of the City that said off street parking lot facility has been constructed in accordance with - 3 - the contract, plans, specifications, general conditions and special conditions relating to the construction of said facility, or that said structure will be approved by the architects upon final inspection by the architects, or that said facility, as constructed, will be accepted by the City from the Contractor. 6. The parties further agree that the use of said facility, on a temporary basis as hereinabove provided in this agreement, will in no way have any affect on the rights of either the City or the Contractor in connection with the litigation presently pending in the Circuit Court of Cole County, Missouri involving a claim by the Contractor against the City for payment of alleged extra rock excavation. IN WITNESS WHEREOF, the parties to this agreement have hereunto set their hands and seals the day and year first above written. CITY OF JEFFERSON, MISSOURI (By) C. Forrest Whaley, Mayor ATTEST:— ® City leek William D. Cure and Ernest F. Linhardt d/b/a Cure-Linhardt Con u tion Company (By) William D. Cure, partner Section 3. This ordinance shall take effect and be in force from and after its passage and approval. Passed: July 23, 1962 Approved: July 23, 1962 President of Fthe Cou 1 Mayor C. F. WHALEY C. F. WHAT Attest: City Clerk HAROLD B. BAKER, Jr.