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HomeMy WebLinkAboutR-2026-124 Approving License Agreement with Jeff ParsonRESOLUTION NO. R-2026-124 A RESOLUTION APPROVING A LICENSE AGREEMENT WITH JEFF PARSON BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI AS FOLLOWS: THAT the Board hereby approves the attached License Agreement between the City of Riverside, Missouri, and Jeff Parson; and FURTHER THAT the Mayor is authorized to sign the agreement on behalf of the City; and FURTHER THAT the Mayor, the City Administrator, and other appropriate City officials are hereby authorized to take any and all actions as may be deemed necessary or convenient to carry out and comply with the intent of this Resolution and to execute and deliver for and on behalf of the City all certificates, instruments, agreements, and other documents, as may be necessary or convenient to perform all matters herein authorized. PASSED AND ADOPTED by the Board of Aldermen of the City of Riverside, Missouri, the 15th day of September 2026. /s/ Kathleen L. Rose Kathleen L. Rose, Mayor ATTEST: /s/ Melissa McChesney Melissa McChesney, City Clerk LICENSE AGREEMENT This License Agreement is entered between the City of Riverside, Missouri ("City"), and Jeff Parson ("Artist"), as follows: 1. Licensed Area and Purpose. Subject to the terms of this Agreement, the City hereby grants to Artist a personal, non-exclusive, revocable license to use a portion of City -owned property located at Platte County Parcel No. 23-2.0-04-400-005-003.000 (the "Property"), solely for the limited purpose of installing, maintaining, and displaying large-scale artwork relating to the Kansas City Chiefs, athletic competition, sports teams, athletes, sporting events, and other sports -related themes (the "Artwork"). The Artwork shall not contain political messaging, including content that supports, opposes, promotes, or criticizes any political candidate, elected official, political party, campaign, ballot measure, legislation, governmental policy, or political cause. This Agreement grants only a license and does not convey any leasehold, easement, or other real property interest. The City may revoke this license, with or without cause, in the City's sole discretion, at any time by notice to Artist, effective immediately upon delivery of such notice or at such later time as may be stated in the notice. Artist acknowledges and agrees that this Agreement grants only revocable permission and that nothing herein shall be deemed to grant Artist an easement, lease, right, title, or any other interest in the Property. 2. Term and Termination. This Agreement shall commence on the date last signed by the parties ("Effective Date") and shall continue until February 21, 2027, unless sooner terminated. Upon expiration or termination of this Agreement, Artist shall, at Artist's sole cost and expense, promptly remove the Artwork and any associated materials, equipment, supports, appurtenances, or other personal property from the Property and restore the affected area as nearly as reasonably possible to its prior condition, ordinary wear and tear excepted. Such removal and restoration shall be completed within ten (10) days after notice from the City, or within such shorter time as may be reasonably required by the City for safety or operational reasons. If Artist fails to timely remove the Artwork or restore the Property, the City may do so. 3. Use Restrictions, Condition and Access. Artist shall use the Property only for the purposes expressly stated in this Agreement and for no other purpose. Artist shall have a non-exclusive right to access the Artwork. Artist shall, at Artist's sole cost and expense, keep the Artwork in a clean, safe, orderly, and visually acceptable condition at all times. Artist shall promptly repair or correct any damage, deterioration, instability, graffiti, vandalism, or unsafe condition relating to the Artwork. If the City determines that the Artwork or its installation presents a safety hazard, maintenance problem, or unacceptable condition, the City may require Artist to take corrective action within the time stated in the City's notice, or immediately if an emergency exists. If Artist fails to do so, the City may take such action as it deems necessary, including removal of the Artwork. 4. Damage or Destruction; No City Responsibility. The City shall have no obligation to reimburse Artist for the loss of or damage to the Artwork, fixtures, equipment, or other personal property of Artist. Artist is solely responsible for protecting and insuring Artist's own property. Artist agrees that the City is not responsible for insuring the Artwork, 1 fixtures, equipment, or other personal property of Artist, or for otherwise reimbursing Artist for any damage to or loss of the same. 5. Indemnity. Artist shall indemnify, defend, and hold harmless the City and those persons or entities to whom the City is legally responsible, from and against any and all claims, actions, suits, liabilities, damages, losses, judgments, fines, penalties, costs, and expenses, including reasonable attorneys' fees, arising out of or relating to: (a) the installation, presence, condition, maintenance, display, removal, or use of the Artwork; (b) Artist's use of the Property; or (c) any act or omission of Artist. The obligations of Artist under this Section shall not be construed to waive or diminish any defense, immunity, limitation, or protection available to the City under Missouri law. 6. Ownership of Artwork. The Artwork and any associated materials or equipment installed by Artist shall remain the personal property of Artist and shall not become a fixture or permanent improvement to the Property. Artist shall be solely responsible for obtaining and maintaining all licenses, consents, releases, and other permissions necessary for the creation, installation, display, and use of the Artwork, including any permissions required for the use of names, trademarks, service marks, logos, uniforms, trade dress, photographs, images, or likenesses associated with the Kansas City Chiefs, the National Football League, or any player or other person. The City makes no representation or warranty that the Artwork or its display is authorized, sponsored, approved, or endorsed by the Kansas City Chiefs, the National Football League, or any other person or entity. 7. Additional Terms. (A) This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous oral and written negotiations, discussions, understandings, and agreements concerning the same. (B) This Agreement shall be governed by and construed in accordance with the laws of the State of Missouri. In the event of litigation relating to this Agreement, venue shall lie exclusively in the Circuit Court of Platte County, Missouri. (C) This Agreement is made solely for the benefit of the parties hereto and does not create any rights or benefits enforceable by any third party. (D) This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. Signatures transmitted electronically or by PDF shall be deemed effective as originals. 2 Jeff Parson: Dated: CITY OF RIVERSIDE, MISSOURI: By: /s/ Kathleen L. Rose Name: Kathleen L. Rose Title: Mayor Dated: September 17, 2026 ATTEST: /s/ Melissa McChesney Melissa McChesney, City Clerk