HomeMy WebLinkAbout1995-107 - Licensing Agreement with Missouri Gaming Company7279S; 11/30/95
BILL NO.
ORDINANCE N0. ~ .~- ~C'
AN ORDINANCE AUTHORIZING THE EXECUTION OF A LICENSING
AGREEMENT TO ALLOW MISSOURI GAMING COMPANY TO MAINTAIN LIGHTING
ON ARGOSY PARKWAY.
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 a licensing agreement to allow Missouri Gaming
Company to maintain lighting on Argosy Parkway which is
attached as Exhibit "A" and made a part of this ordinance as
though fully set out herein.
Section 2. The Mayor and other City officials are
authorized to take such other and further action as may be
necessary to implement the intent of this ordinance.
PASSED THIS ~ ~~t~ DAY OF ~?%-~~ c~` ,~~.~~-s' 1995.
ATTEST` t~ /'
CITY CLERK
MAYOR
,,
APPROVED THIS ,~~'~c.L DAY OF x-~~-~~<'-'=r:-,-l~~2_
1995.
~~P -~ G~c. ,r.~-GC ~-C l~L
MAYOR
r
7274S; 11/30/95
Revised 12/12/95
LICENSING AGREEMENT TO ALLOW MISSOURI GAMING COMPANY
TO MAINTAIN LIGHTING ON ARGOSY PARKWAY
WHEREAS, Argosy Parkway is being constructed by Missouri
Gaming Company and it is anticipated it will be dedicated to
the City of Riverside, and
WHEREAS, Missouri Gaming
significantly more lighting on
be required, and
Company desires to maintain
the parkway that would normally
WHEREAS, Missouri Gaming Company has agreed to do the snow
removal on all of Argosy Parkway.
NOW THEREFORE, BE IT AGREED AS FOLLOWS:
Section 1. LICENSE PERMIT GRANTED. The City hereby
grants to Argosy a license for the purpose of installing and
maintaining lighting at their expense from the end of the state
highway right of way to the east property line of Argosy.
Missouri is granted a license to install the lights in
conformity with the lighting plan which is dated
and on file with the City's Engineer. Other additions or
changes to the lights are prohibited without approval of the
City. Missouri will file a lighting plan acceptable to the
City for the installation of the lights on the ortion of
Argosy Parkway within the City Park ,J~~ „~~~ i~~-~. -~~z~~' ~'~'~~-~ 5i'~-%~~-<-,~~~~-
o. , .. ,'!f` ~~ ,
„` ~,_._
Section 2. LIGHTING ON THE STATE HIGHWAY. The City also
agrees that it has no objection to Argosy constructing similar
lighting on the state highway right of way from the 69 loop to
its interception with the end of the state highway right of way.
Section 3. MAINTENANCE AND REPAIR OF LIGHTING. The
installation of all said lighting shall be the responsibility
of Missouri and all maintenance or repairs shall be the
responsibility of Missouri.
Section 4. SNOW REMOVAL. As further consideration of
this agreement, Missouri agrees that it will maintain all snow
removal on Argosy Parkway including the area of the City Park.
Section 5. LIGHT STANDARD. Notwithstanding any other
provision of this agreement, Missouri Gaming shall at all times
maintain lighting which meets the requirement of I.E.S.
(Illumination Engineering Society) for a commercial collector
street and maintain an initial lighting level of 1.5 foot
candles average.
2
Section 6. CITY PARK LIGHTING. Missouri further agrees
to install, subject to the approval of the City Engineer,
ordinary street lights on a portion of Argosy Parkway that is
in the City park. Missouri shall not be required to pay the
bill for electric consumption for the street lights in the City
Park. In the event the City desires to have electric
consumption on the street lights in the City Park, then it
shall be the obligation of the City to pay that bill.
Section 7. ELECTRIC CONSUMPTION BILL. It shall be the
responsibility of Missouri to pay the utility company for all
lighting and electricity and electrical consumption costs
except in the City Park.
Section 8. REQUIREMENT TO REMOVE. The parties agree
that in the event of legitimate public service safety concerns,
a requirement of the City's Code or a requirement of the City
of the installation of the utilities, then Missouri will, at
its expense, relocate or remove the lighting.
Section 9. FAILURE TO MAINTAIN. In the event that
Missouri shall fail to maintain the structures, then this
license shall terminate and after receiving thirty (30) days
written notice, Missouri shall remove all lighting required by
the City to be removed.
Section 8. TERM. The term of this agreement shall be
the same of the overall development agreement between Missouri
Gaming Company and the City of Riverside which was executed on
June 7, 1993.
IN WITNESS WHEREOF, the parties have duly executed this
agreement on ~~•.~~~ 1. o.~~ / ~~-, 199 S
CITY OF RIVERSIDE, MISSOURI
MAYOR ~'
ATTEST'-
~~ ~ i
CITY CLERK ~
MISSOURI GAMING COMPANY
ATT ~. T:
`~ i":~ L____ -
Secr tart'
3
STATE OF MISSOURI )
ss.
COUNTY OF PLATTE )
On this S day of ~;;~ ._ 199 ~ before me
appeared BETTY BURCH, to me personally known, who, being by me
duly sworn, did say that she is the Mayor of the city of
Riverside, a political subdivision, known to me to be the
person and officer whose name is subscribed to the foregoing
instrument, acknowledged to me that she executed the same for
the purposes and consideration therein expressed, and as the
free act and deed of said City, and in the capacity therein
stated, all by authority of its Board of Aldermen.
IN TESTIMONY WHEREOF, I have hereunto set my hand and
affixed my official seal in the State of Missouri the day and
year last above written.
%: „' % i __
Notary Public ~~
i
I
STATE OF ~">'C-I I . ~C
4
? ) ss.
COUNTY OF ~~ ~ ~~ 1) ~'~
~hI,,
On th ~ ~ n day ~ ~ ~D ~ r ~U , 199 ~., , before me,
appeared 'r ; ~U~ ~ ii to me personally
knoor ,- ing by me ~ ly s orn, did say that he is
the ,~~ ~ ~~ C' of Missouri Gaming Company, a corporation and
that th eal affixed to the foregoing instrument is the
corporate seal of said corporation and that_ aid instrument was
signed and sealed in behalf of said c ~por t~n y~ uthority of
its Board of Directors, and said ~ i i' ~~t r~5~%~en'b.=
acknowledged said instrument to be the free act and deed of
said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
my notarial seal at my office in said County and State, the day
and year last above written.
~/ r r , i
~j Notary ib c r
_~
My commission expires ~ ~ q n !,;; ~_
~~G~ u ~~~,a / ~c ~ !
(X O%P!C~AL SrAL
I<ii~l J~JCHrJ~,ON
NOTAF" P.--~I_I~ bTr~lE Gi= ILLIIJOIS
MY CO`a!.d v3,;;,`Pl cXPIR~S 1-27-98