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Home My WebLink AboutR-2012-061 Agreement with KCP&L RESOLUTION NO. R-2012-061 A RESOLUTION APPROVING AN AGREEMENT WITH KANSAS CITY POWER AND LIGHT COMPANY IN CONNECTION WITH THE NORTHWOOD ROAD PROJECT BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF RNERSIDE, MISSOURI AS FOLLOWS: 1. That the Board of Aldermen hereby approves the Agreement, in substantially the form attached hereto, with Kansas City Power and Light Company, and authorizes the Mayor to execute the Agreement on behalf of the City. 2. That the Mayor, the City Administrator, the City Attorney and other appropriate City officials aze 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. sr PASSED THIS �� DAY OF , 2012, BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, I� APPROVED: � .. . . �.� � . � � �4�-/ � �` Mayor Kathleen L. Rose _ � _. z�TTEST: ' `, ��° �.e� Aereement !F This Agreement is made the ( of �� 2012, by and between the City of Riverside, Missouri ("City"), and Kansas City Power ight Company, a Missouri corporation. Recitals WHEREAS, as part of the City's improvement of Northwood Road from NW 52 Street to Montebella Road, the City requested that KCP&L underground existing overhead electrical lines; and WHEREAS, KCP&L is placing its lines in acquired utility easements, which, for the Segment (defined below in Section 1), would necessitate KCP&L undergrounding its lines beneath certain structures, which is a result the City wishes to avoid for the benefit and convenience of its residents; and WHEREAS, the City has therefore requested that KCP&L, for the Segment, place its underground facilities within the City's right-of-way. Now, therefore, in consideration on the mutual covenants herein contained, it is agreed by the parties as follows: 1. "SegmenY' means the City's right-of-way on the west side of Northwood Road, between Stations 57+95 thru 64+70, as depicted on the attached exhibit. 2. KCP&L shall place its facilities underground in the Segment, and not within an acquired utility easement. 3. KCP&L acknowledges and agrees that in the event it receives a request to relocate its facilities installed within the Segment and such request is primazily for the benefit of a private party or business entity, such private party or entity, and not the City, shall beaz the costs of such requested relocation. The City agrees that it will reimburse KCP&L for its costs to relocate its lines located in the Segment for any City requested and required relocation. 4. KCP&L agrees to comply with all applicable federal, state and local laws, ordinances, codes, rules and regulations pertaining to the placement and maintenance of electrical utility facilities. 5. The parties agree and recognize that the City may further assign location rights within its right-of-way located within the Segment to other utility providers and that KCP&L is not receiving the exclusive right to use the right-of-way located within the Segment, provided however that no such later installed utility facilities shall endanger or unreasonably interfere with KCP&L installed facilities. KCP&L may not assign its rights under this Agreement without the City's written approval, which shall not be unreasonably withheld. 6. This Agreement shall be construed,interprcted and enforced in acconlance with the laws of Missouri. 7. The provisions of this Agreement shall not be deemed to aeate any third party benefit hereunder for any member of the public or to authorize any one, not a party hereto, to maintain suit pursuant to the terms of this Agreement. CITY OF RIVERSIDE, MISSOURI: By: ��°�� Name: 1�S�t �i�Y�7 � - lCeS e Title: � Date: d l`-- - � KANSAS CITY POWE LIGHT COMPANY; By: . Name: _ C�il.T/�.e F �,�1,�'i✓ Title: /�ANA/sE.�l �FN TiQi4L ��.�'�jfl Date: '��d�.t �� ' 6 p�iu�ii��il �'i' `�� ' i �_ �� i�� ' �'�. � - , �il �I . �II II�� ' '�r ` : �'� pp��ni _ �,� .� ��I�I I� �III � , ��li�� ,I�i�l�� tl�iw I'�',,, `. �, - :;�� I ��►r �,� �� _ '�s � �� - �I��I �Y�� .. ��. i I ;�igi� � �tl��i��li��l�� , � � � �j° {��I�� II�� ; i� � , . II��I�� lat��'��I� �w � �, I � ' , ' �I � I�� N �� a�� I�� I,.. � . ��l I�� :�i�� I�� I ��(�f�l � ��Id „� ' �� ,�! � : �I�� I �'I��I�I�{��0[��i� �� ;,1� ,� ;� - �i� ��E��o��i��d�� ,� � �I I ` � m�n�a�� 9��v ��!�� .� �� _,�� ; = , ma:� �flI.J�� ;, j,�.'�... —�.. I��II��'� � � i ,��I� � ��I�I�IN�Q��l�I��Il��ll�nll��i i i I �',I�!� _� �H I��I��AIal�Ull�,l,�l�� —„� ; . �, �: �MIIIIII�d��III�B�d�J I�R�I�IAIqI��III�EfI�N��III��O��J � i ��►�� m��i:�I��I�IIIG�'��'��{IIIII�lp�l�a �� . r f ' �el ?'.� .r�''Nf �I':' 1 I I I � �; �� ,,.,��i� �ur��i �...��i !� I�. , � �� 0.3::��u��►��ii�n�� " 3� � III�!' ,�' � '� , �� , ,�191 '`r" 0��3:�; ��.� � � ',:��-;� �� . � �^ _�� : , �� .� ', � '- ;- �� F, : s: =► �� I � .�, � � :. � ��I��II � � ,. � ��i�� ;� ' ��A�� (,,�.,�-�—�.��:� ' ; , �� II��i ,_ .- � ��:9Jf . �� ' �I��{I�E��I �� — �� I��I�� , ;� � � � � i ��'�� )i�� . ; ' ;, e„�� V �� I ;; QI , I �� ;��, � h � � ��s�� .�. , , .; �� CITY OF � Upstream from ordinary. 2950 NW Vivion Road Riverside, Missouri 64150 MEMO DATE: April 25, 2012 AGENDA DATE: May I, 2012 TO: Mayor and Board of Aldermen FROM: Travis Hoover RE: Northwood Road phase 2— KCPL Utility Agreement BACKGROUND: The homes in Ridgewood Estates along the west side of Northwood Road had a steep slope from their backyard to the old roadway. With the widening of the roadway and the addition of the trail, a retaining wall and fence were required to maintai� the backyards. More right-of-way is required behind this retaining wall for future access and maintenance. KCPL's underground relocation normally requires a separate utility easement ouuide the right-of-way; however KCPL's structures would be located in the middle of yards due to the wider right-of- way. The City has requested KCPL to relocate utilities within the right-of-way acquired for the retaining wall. This agreement will hold KCPL harmless of relocation costs due to street improvements in the future. RECOMMENDATION: Staff recommends approval of the resolution and acceptance of the utility agreement with KCPL for the Northwood Road project. BUDGETARY IMPACT: No budget is impacted with this agreement.