HomeMy WebLinkAbout1046 Right-of-Way -St. Joe Blvd. BILL NO. 2010-070 ORDINANCE NO. I� CP
AM ORDINANCE APPROVING A RIGHT-OF-WAY USE AND MAINTENANCE AGREEMENT
WIITH THE RIVERSIDE-QUINDARO BEND LEVEE DISTRICT OF PLATTE COUNTY,
MISSOURI IN CONNECTION WITH THE CONSTRUCTION OF IMPROVEMENTS ALONG ST.
JC1E BOULEVARD, RATIFIYING AND CONFIRMING THE EXECUTION AND DELIVERY OF
SAME, AND AUTHORIZING CERTAIN ACTIONS IN CONNECTION THEREWITH.
WHEREAS, the City has proposed the paving of a potion of St. Joe Boulevard upon
which Levee District Right-of-Way is located and paving a portion of St. Joe Boulevard located
within the Levee Critical Area (LCA) (the "St. Joe Boulevard improvements"), a portion of which
is located upon, across and within the right of way owned by the Riverside-Quindaro Bend
L�vee District of Platte County, Missouri (hereinafter "Levee DistricY'); and
WHEREAS, the Board of Aldermen find it is in the best interest of the City to enter into
ari agreement with the Levee District for the use of such right of way and maintenance of the
pub�ic improvements constructed in connection with St. Joe Boulevard improvements in
suibstantially the same form as set forth in Exhibit A attached hereto;
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE
CITY OF RIVERSIDE, MISSOURI, AS FOLLOWS:
SECTION 1— AGREEMENT APPROVED. That the Right of Way Use and Maintenance
Ac3reement by and between the City of Riverside and the Levee District, in substantially the
same form as attached hereto as Exhibit A(which is incorporated herein by reference) is
he�reby approved. Further, the execution of such Agreement and the delivery of same to said
Levee District is hereby authorized, ratified and confirmed.
SECTION 2— AUTHORITY GRANTED. That all actions heretofore taken by the
officers, representatives and agents of the City in connection with the transaction contemplated
by this Ordinance are hereby ratified and confirmed, and the City shall, and the officers,
representatives and agents of the City are hereby authorized and directed to, take such further
ac;tion, and execute and deliver such other documents and instruments as may be necessary or
desirable to carry out and comply with the intent of this Ordinance, and to carry out, comply with
and perform the duties of the City with respect to the Right of Way Use and Maintenance
Agreement.
SECTION 3- EFFECTIVE DATE. That this Ordinance shall be in full force and effect
fr��m and after its passage and approval.
BE IT REMEMBERED that the above was read two times by heading only, PASSED
AND APPROVED by a majority of the Board of ermen apd AP,PROVED by the Mayor of the
City of Riverside, Missouri, this � day of ,C./kL�tl', 2010.
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or Kathleen L. Rose
ATTEST: Approved s to form:
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Robin Littrel�, City Clerk an o on, City Attorney
RIGHT-OF-WAY USE AND MAINTENANCE AGREEMENT
THIS AGREEMENT, made and entered into this � day of � �, 2010,
by and between the Riverside-Quindaro Bend Levee District of Platte County, Missouri, a
political subdivision organized pursuant to the laws of the State of Missouri ("Levee District")
and the City of Riverside, Missouri, a fourth class city of the State of Missouri, ("City").
WITNFSSETH:
WHEREAS, the Levee District is the Local Sponsor under a Project Cooperation
Agreement ("PCA") dated September 23, 1997, between the Levee District and the Department
of Army ("Government") for the construction of the Missouri River Levee Unit L-385 ("Levee
Project"); aild
WHEREAS, pursuant to the PCA , the Levee District obtained all right-of-way and other
real estate interests required for the Levee Project; and
WHEREAS, the Levee District acquired permanent right-of-way located on St. Joe
Boulevard for the construction of improvements which are part of the Levee Project ("Right-of-
W ay"); and
WHEREAS, Article III of the PCA requires the Levee District to ensure that the Right-
of-Way obtained for the Levee Project is retained in public ownership; and
WNEREAS, the Levee District is obligated to ensure that the operation and maintenance
of the L-385 flood protection system will be in accordance with Title 33 of the Code of Federal
Rcgulations; and
WHERFAS, the Government and tlle Levee District have the further responsibility to
ensure that coustiuction within tlle Levee Critica] Area (LCA) of the levee project is completed
in accordance with the plans, design and specifications approved hy the Govermnent and the
Levee District; and
WHEREA5, the I,CA is generally defined as the area of land extending 300 feet
riverward and 500 feet landward from the centerline of the L-385 Levee; and
WHEREAS, the City has proposed the paving of a portion of St. Joe Boulevard upon
which Levee District Right-of-Way is located and paving a portion of St. Joe Boulevard located
within the LCA (the "St. Joe Boulevard improvements"), more particularly shown in �xhibit
"A", attached hereto and incorporated herein by this reference; and
WHEREAS, the plans, design and specifications for the St. Joe Boulevard improvements
must be reviewed and approved by the Levee District's engineer ("Affinis") and the Government
(the "Approved Plans"); and
WHEREAS, the Levee District requires a Right-of-Way Use and Maintenance
Agreement with respect to the St. Joe Boulevard improvements project; and
WHEREAS, the Levee District desires to remain eligible for flood disaster relief benefits
under P.L.84-99;and
WHEREAS, the City desires to proceed with the St. Joe Boulevard improvements
project within the Right-of-Way and the LCA; and
WHEREAS, the Levee District is mandated by Federal Regulations and Policies to
ensure that construction within the Right-ot=Way and LCA conforms to the Approved Plans.
NOW, THEREFORE, in consideration of the respective covenants and agreemenis
made by each party herein and the mutual benefits to be received by each party hereto, the Levee
District and City agree as £ollows:
1. The parties acknowledge that lhe primary purpose of the L-385 Levice Project is to
provide flood protection. The City's right to use the area within the Right-of-Way shall be
subordinate to the Levee District's rights to use the Right-of-Way for flood protection and flood
fighting purposes.
2. The Approved Plans for the St. .Toe Boulevard improvements project are incorporated
herein and made a part of this Agreement by this reference as if fully se[ forth herein.
3. The City agrees that all work and construction on the St. Joe Boulevard improvements
will be in accordance with the Approved Plans. Pollowing completion of the St. Joe Boulevard
improvements, the City shall, to the extent reasonable, promptly restore all areas within the
Right-of-Way which were affected by the St. Joe Boulevard improvements to a similar condition
as existed immediately prior to St. Joe Boulevard improvements within the Right-of-Way, except
for the improvements which have been made in accordance with the Approved Plans.
4. The Levee District hereby agrecs and consents to the City's St. Joe Boulevard
improvements within the Rigl�t-of-Way provided that all work which takes place �vith the Right-
of-Way fully complies with the �lpproved Plans and provided that the City shall hold a
preconstruction conference with a representative from Affinis in attendance prior to beginning
work within the Right-of-Way. Notice to the representative frorn Affinis shall be made by
calling Affinis at 913-239-1100 advising said representative of Affnis of the date and time of
such pre-construction conference.
5. Prior �o beginning work, the City shall deliver to Aff'inis two lialf-size sets of bid
plans, two copies of the St. Joe Boulevard improvements manual, and two copies of associated
addendums.
6. Prior to beginning of work, the Levee District will locate and mark those Levee
Project features near or adjacent to the St. Joe Boulevard paving project and will maintain those
field markings throughout construction.
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7. Any proposed modifications of the Approved Plans, whethcr such modifications occur
prior to or during construction, shall be presented to Affinis for review and forwarding to the
Government for review and comments. All such proposed modifications of work within the
Right-of-Way or LCA must be approved by Affinis and the Government in writing or by email
beforc thc modified work is performed.
8. The current permanent Levee District right-of-way limits will be maintained and
unaltered by this Agreement.
9. The Levee District hereby grants to the City the permanent right to use the portion of
Yhe Right-of-Way described in attached Exhibit "A" for lhe construclion, repair, placement,
maintenance and replacement of the St. Joe Boulevard improvements.
10. The City shall be responsible for the inspection, physical maintenance, repair and/or
replacement of the St. Joe Boulevard improvements located within the Right-of-Way. The City
shall give the Levee District enginecr reasonable advancc notice prior to undertaking any below
the ground surface work with respect to the St. Joe Boulevard improvements located upon the
Right-of-Way or within the LCA. The Levee District shall have no obligation for any costs of
such work. Following any such work on the St. Joe Boulevard improvements, the City shall
promptly restore all areas within the Ri�ht-of-Way which were affected by the work within the
Right-of-Way to a similar condition as existed immediately prior to such work being performed
within the Right-of-Way, except for the improvements made in accordance with the Approved
Plans.
11. The Levee District shall be wholly responsible for the inspection, maintenance,
operation and repair of thc levcc iinprovements and for all flood fighting activities within and
upon the Right-of-Way. In the event the Levee District determines that any of the St. Joe
Boulevard improvements require maintenance, repair or replacement in order for the Levee
District to comply with the requiremcnts of Titic 33 of thc Code of Fedcral Regulations, the L-
385 Operation and Maintenance M1mia1 and other applicable regulations, the Levee District
shall give the City written notice of said needed work and the City shall promptly undertake said
needed work without cost to the Levee District.
12. To the extent allowed by law, the Ciry agrees to indemnify the Levee District and
hold the Levee District harmless from and against its actual costs, damages, liabilities,
obligations and expenses which the Levee District may incur caused by the City's construction
of the St. Joe Boulevard improvements within the Right-of-Way, specifically the loss or
ineligibility to receive Federal flood disaster relief benefits under P.L. 84-99 to receive Federal
flood disaster relicf benefits undcr P.L. 84-99 by reason of the presence of the St. Joe Boulevard
improvements within the Right-of-Way.
13. If any work on the St. Joe Boulevard improvements located within the Ri�ht-of-Way
and the LCA requires the services of the Levee District engineer, the City agrees to pay for the
services required of the I.evee District engineer pursuant to thc "Procedures for Wark within the
Levee Critical Area, Flood Protection Levee Easements and Levee Right-of-Way" as may be
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amended from time to time, which are incorpnrated herein by this reference as if fi►lly set forth
herein.
14. The City sl�all provide the Levee District engineer with three (3) full-size sets of as-
built drawings on lhe St. Joe Boulevard im�rovements within the Right-of-Way �nd the LCA.
15. This Agreement shall be binding upon the parties hereto and their respective
successors and assigns.
16. This Agreement and the terms and provisions herein shall be construed and
interpreted iu accordance with the laws of the State of Missouri.
17. This Agreement is for the sole and exclusive benefit of thc Levee District and the
City and there are no third party beneficiaries hereunder.
IN WI'I�NESS WHEItEOF, the parties have executed this Agreement in duplicate
originals the day and year set forth by their respective signatures.
RIVERSIllL-QUINDARO BF,ND
LEVEE DISTRICT OF PLATTE
COUN'I'Y, MISSOURI
B � �/l/
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Donald P. Coleman, President
Date: � � . ) � , 2010
CITY OF RIVERSID�, MISSOURI
A Missouri Fourth Class City
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{athleen L. Rose, Mayor
Date: 1�'{'— ' ' _, 2010
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