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
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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
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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
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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.