HomeMy WebLinkAbout1995-070 - Agreement with Argosy Gaming Company65315; 08/24/95
BILL NO. ~y ~~ ORDINANCE NO. -~ %''
AN ORDINANCE AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH
ARGOSY GAMING COMPANY AND APPOINTING THE LAW FIRM OF BRYDON,
SWEARENGEN & ENGLAND AS A SPECIAL CITY ATTORNEY.
BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF
RIVERSIDE, MISSOURI, AS FOLLOWS:
Section 1. The Mayor and City Clerk are hereby authorized
to execute the Hold Harmless and Indemnification Agreement
between the City of Riverside and Argosy Gaming Company, a copy
of said agrce;,~ent being attached hereto.
Section 2. The law firm of Brydon, Swearengen & England,
of Jefferson City, Mo., is hereby appointed to represent the
City of Riverside before the Transportation Division of the
Missouri Department of Economic Development, and any subsequent
forum, with regard to the City's application to have the Zeke
Road crossing of the Burlington Northern Railroad tracks
declared to be a public crossing.
PASSED THIS /~~-~ DAY OF ~~ A!~'-'~~t-~ , 1995.
i
AT~i~ST: ~~_.1 :•
CITY CLERK ~ - -- "
APPROVED THIS //i~ DAY OF
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p k ~r~ _ ,~ ~ t. <<_ ~_ <<_
MAYOR
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7t,~~~'-~~, 19 9 5 .
MAYOR
AQL)a Ti,4~S,~rN_~E~'fN17~'iGATYON ACR .: N
This agreement made this ~~,~ day of _ .1995, between MISSO>;JR.1
CrAMII~G COMPANY, a Missouri corporation, herci„a4}cr "Missouri", ARGOSY (3AMlNG
COMPANY, a Delaware Corporation, hereinafter "Argosy" and C:iT"Y QF RiVERSiPE, hcrcirutRer
WI'1'NESSE''("~: That
1. The temporary site of the Riverboat Casino and adjacent buildings necessitate increased
passer-ger vehicle traffic on Zeke Road, part of which has Burlington Northern Railroad tracks crossing
it, all of which is within the limits ofthe City.
Z. Z,eke Road shall remain a Secondary access to the permanent casino site and primary
aoccas to tho proposed park.
3, This increased traffic shall increace the Potential far accidents at said crossing.
4, City has agreed by ordinance 9~U passed the ~~~ day of
19 9~ to apply to the State Division of Transportation pursuant to Section
389,645 of the Revised Statutes of Nf~ssouri for regulation of said crossing and declarntion of said
dossing to be "public".
Missouri and Argosy in consideration of said application hereby covenant and promise as
follows:
1, Missouri and Argosy shall and hereby release and discharge "City" from any and all
liability for injury to or death of Roy And all perrons whomsoever axtid lQSS of or dam0.gc to property
whomsoever belonging Including property owned by, leased to, or in care, custody and control of the
parties hereto, i» any manner arising during the use in crossing the above said railroad tracks, whether
or not said person or property is on the way to or from thr, Missouri site.
Z, Ivfissouri and Argosy further agree to appear and defend in the name of Ciry any
applicable suite or actions at law brought against Ciry on account of such parsonal Injury or death, and
loci and damage to or destruction of property, and to pay and caticfy, on behalf of the City, any final
judA,tnent that may be rendered against City in anV such suit or action.
3, The liability to the City of Riverside assumed by Missouri and Argosy shall not be
affected by tht fact, if it is a fact. that the loss, damage, death or injury vas occasioned by ar
contn'buted to by the negligence of Ciry, its agents, sc.~tvants, employees or otherwise.
4. The obligations of Missouri Gaming Company, Argosy Gaming Company, and their
Successors and assigns shtdl terminate upon the happening of any of the future events: The cessation
ot'ali garnlttY operations In the Ciry of Riverside; a permanent closing of this railroad crossing for any
reason; or a gads Qeparation ttit this railroad crossing location.
5. Nothing in this Agreement shall be deemed to confer upon any person (other than City,
Missouri, or Argosy) any right or cause of action other than that specifically permitted by the laws of
lvfissourl.
Subject to the foregoing provisions, this agreement and all covenants and promises thereof,
shalt inure to the benefit of and be binding upon the parties hereto, their respective executors,
administrators, successors and assigns.
IN WITNESS WHEREOF, the parties hereto have executed this agreement in duplicate as of
the day and y«u first heroinabove writt¢n.
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,vtQNLH,t(7.tOR8~! 8/DS
MiSS0UR1 GAMING COMPANY
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AttCSt:
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ARGOSY GAMING COMPANY
By, ~~ ~ ~ -~~~
CITY OF RIVERSIDE, NIISSOURI
By:
Mayor
Atte
~y
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City Clerk
,IRGtILNM~AGR~B/J8~95