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HomeMy WebLinkAboutR-2012-065 Agreement with Briarcliff for Maintenance RESOLUTION NO. R-2012-065 A RESOLUTION APPROVING AN AGREEMENT WITH BRIARCLIFF DEVEL�PMENT COMPANY FOR MAINTENANCE OF THE LINEAR PARK IN AN AMOUNT NOT T� EXCEED $15,OQ0 PER YEAR WHEREAS, the City and Briarcliff Development Company ("Developer") entered into a Redevelapment Agreement dated August 14, 2007, as amended, (the "Redevelopment AgreemenY') where in the parties provided for certain rights and obligations of the pa�ties with respect to the construction and maintenance of a Linear Park along NW Platte Drive between the Riverside City Limits and NW Riverside Drive within the City of Riverside (°Linear Park"); and WHEREAS, the Board of Aldermen find it is in the best interest of the City to sstablish the rights and responsibilities of the City and Developer with regard to maintenance of landscaping along the Linear Park and to further approve a supplemental agreement with Developer to provide enhanced trail maintenance of the Linear Park for safety, practicality, sustainability and aesthetics of the City in substantially the same form as set forth in Exhibit "A" attached hereto; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI, AS FOLLOWS: THAT an Agreement between the City and Briarcliff Devefopment Company in substantially the same form as set forth in Exhibit "A" attached hereto is hereby approved and authorized; and FURTHER THAT the City Administrator, Mayor andlor Finance Director are hereby authorized to execute all documents necessary or convenient to carry out the terms and conditions of such agreement and the City Clerk is authorized to attest thereto. PASSED AND ADOPTED by tl�g �oard of Aldermen and APPROVED by the Mayor of the City of Riverside, Missouri, the �{���'day of May, 2012. � ;, ° � - Mayor Kathleen L. Rose -: ,, ; '. • " AaTEST: • n .. . ' ♦����T'�� .. i�ne �v City Clerk Approved as to Form: � N nF,y�Thom� on, City Attorney � i ANNUAL APPROPRIATIONS AGREEMENT This annual appropriations agreement between Briarcliff Development Company (the "Developer") and the City of Riverside, Missouri (the "City") is made and entered into as of this �� �ay of May, 2012. WHEREAS, the City and the Developer entered into a Redevelopment Agreement dated August 14, 2007, as amended, (the "Redevelopment Agreement") wherein the parties provided for certain rights and obligations of the parties with respect to the construction and maintenance of the Linear Park; and WHEREAS, Section 3A(c) of the Redevelopment Agreement provides the City and Developer may enter into a written agreement to provide for reimbursement of costs and expenses incurred by Developer in maintenance of the Linear Park; and WHEREAS, the parties desire to enter into a supplemental agreement for Developer to provide enhanced trail maintenance of the Linear Park for safety, practicality, sustainability and aesthetics of the park; NOW, THEREFORE, in consideration of the premises and promises contained herein and other good and valuable consideration, the adequacy and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Maintenance. Developer will provide maintenance of the Linear Park in the area of the park located along NW Platte Drive between the Riverside City Limit and NW Riverside Drive under the following terms and conditions a. Maintenance activities and responsibilities shall be limited to the landscaped areas and not to any of the trail infrastructure. The work may include, but not be limited to: erosion control, debris removal, trash pick-up, dead tree removal, weed removal, and removal of vegetation to expose rock bluff. b. All employees or sub-contractors of Developer shall be capable of being identified as an empioyee or subcontractor of Developer through visual identification during all times such employee or subcontractor is performing park maintenance. c. Maintenance activities shall be conducted on an as needed basis between the hours of 7:00 am and 5:00 pm. d. Work shall be performed between April 1 and November 1 of each year this agreement remains in effect. e. Developer shall provide City with a monthly invoice for maintenance activities that clearly identifies the date�s) and number of hours work was performed during the preceding month. � M t�( , , f. Developer shall provide all supervision of employees or sub-contractors performing ' work hereunder and direct such day to day activities to ensure compliance with the terms of this agreement. g. Developer shall ensure that ali employees and sub-contractors represent the City and Developer in a professional, courteous and friendly manor. ' 2. Pavment. The City will reimburse Developer for such services at the rate of $20 per hour, not to exceed 750 hours per calendar year ($15,000). In no event shall the annual obligation of City exceed $15,000 per calendar year, unless otherwise agreed to in writing by the parties in advance of the performance of such services. The hourly payment by the City shall include all materials and supplies necessary to maintain the park. The City will not reimburse any other costs and expenses of Developer associated with such maintenance. 3. Insurence. Developer shall, at all times during the performance of any of the work contemplated hereunder, maintain not less than the following insurance coverages and amounts naming the City as an additional insured: a. COMMERCIAL GENERAL LIABILITY - Developer shall provide coverage for Developer and its employees, subcontractors and independent contractors, City, its employees, officers, and agents against claims for damage to property and/or illness of, injury to, or death of any person or persons related to or arising out of the Work. Such coverage shall have not less than the following limits: i. Each occurrence $1,000,000.00 ii. General aggregate $2,000,000.00 iii. Products/completed operations aggregate $2,000,000.00 iv. The following coverage shall be included: 1. Blanket contractual liability 2. Products/completed operations 3. Personal/advertising injury 4. Broad form property damage 5. Independent contractors 6. Explosion, Collapse, and Underground Damage b. AUTOMOBILE LIABILITY - Developer shail provide coverage for Developer and its employees, subcontractors and independent contractors, City, its employees, officers, and agents against claims for bodily injury and/or property damage arising out of the ownership or use of any owned, hired, and/or non-owned vehicle and shall include protection for any auto, or all owned autos, hired autos, and non- owned autos. The coverage shall have not less than a combined single limit of $1,000,000.00 for each accident. c. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY - This insurance shall protect Developer against all claims under applicable state workers' compensation laws. Developer also shall be protected through employer's liability coverage against claims for injury, disease, or death of employees which, for any reason, may not fall within the provisions of a workers' compensation law. The limits shall not be less than the following: � Mi�C � , i. Workers' Compensation Statutory ' ii. Employer's Liability: 1. Bodily injury by accident $1,400,000.00 2. Bodily injury by disease $500,000.00 each employee 4. Affidavit of Particiaation in Federal Work Authorization Pro¢ram Developer i acknowledges that Section 285.530 RSMo prohibits any business entity or employer from knowingly employing, hiring for employment, or continuing to employ an unauthorized alien to perform work within the State of Missouri. Developer therefore covenants that it is not knowingly in violati�n of Section 285.530 RSMo and that it will not knowingly employ, hire for employment or continue to employ any unauthorized aliens to perform the work under this agreement, and that its employees are lawfully eligible to work in the United States. Developer will execute an affidavit and provide documentation of participation in the Federal Work Authorization Program in the form attached hereto as Exhibit A. 5. Release and Indemnitv. The Developer releases from and covenants and agrees that the City and its governing body members, officers and employees shall not be liable for and agrees to indemnify and hold harmless the City and such governing body members, officers and employees against any and all claims, demands, liabilities and costs, including reasonable attorneys' fees, costs and expenses, arising from damage or injury, actual or claimed, to persons or property occurring or allegedly occurring as a result of any act of Developer, its employees, independent contractors or subcontractors in connection with the activities conducted pursuant to this Agreement. The indemnification provisions contained herein shall survive termination of expiration of this Agreement. 6. Savereian Immunitv. Nothing contained herein shall be deemed a waiver of the City's sovereign immunity. 7. Safetv Developer shall be responsible for all safety measures or precautions deemed necessary or advisable which are associated with the performance of the work in order to protect the public, Developer's employees, subcontractors or independent contractors. 8. Performance of Work. All work performed by Developer hereunder shall be in a professional and workmanlike manner. Access to the trail by the public shall not be impeded or interfered as a result of the work or services performed. 9. Servants and Aeents. Any contractors or persons performing any work on the linear park on behalf of Developer shall be deemed servants and agents of Developer for purposes of this Agreement. 10. Termination. The City or Developer may terminate this agreement without cause upon thirty (30) days written notice to the other party. The City or Developer may terminate this Agreement without notice for any default or breach of the obligations by the other party contained herein. � MNt k 11. Annual Aparopriation. Notwithstanding any other term or provision of this Agreement, payments hereunder are subject to annual appropriation of the Ciry. The City shall not be obligated to make any payment hereunder unless such funds are appropriated in the annual budget adopted by the Board of Aldermen and funds are available for such purposes from the general revenues of the City. , 12. Notice. Any notice required by this Agreement shall be given in written and shall be hand delivered or sent by United States first class mail, postage prepaid, addressed to the appropriate party at its address set forth below, or at such other address as such party shall have last designated by notice to the other. Notice shall be deemed given when delivered or three (3) days after mailing. For the Developer: James Dorman, President Briarcliff Development Company 1300 NW Briarcliff Parkway—Suite 250 ' Kansas City, Missouri 64116 For the City: City Administrator Riverside City Hall 2950 NW Vivion Rd Riverside, MO 64150 13. Entire Asreement. The parties agree that this Agreement constitutes the entire agreement between the parties and that no other agreements or representations other than those contained in this Agreement have been made by the parties. This Agreement shall be amended only in writing signed by the parties. IN WITNE55 WHEREOF, the City and the Developer have caused this Agreement to be executed in their respective names and the City has caused its seal to be affixed thereto, and attested to as of the date first above written. CITY F RIVERSIDE, MISSOURI Kathleen L. Rose, Mayor Attest: , � 4 Robin Littrell, C ty Clerk BRIARCLIFF DEVELOPMENT COMPANY �� � /�13,X % James Dorman, President �'�'� � Ft��- S�y� A�MI.� 11. Annual Appropriation. Notwithstanding any other term or provision of this Agreement, payments hereunder are subject to annual appropriation of the City. The City shall not be obligated to make any payment hereunder unless such funds are appropriated in the annual ' budget adopted by the Board of Aldermen and funds are available for such purposes from the general revenues of the City. 12. Notice. Any notice required by this Agreement shall be given in written and shall be hand delivered or sent by United States first class mail, postage prepaid, addressed to the appropriate party at its address set forth below, or at such other address as such party shall have last designated by notice to the other. Notice shall be deemed gi�en when delivered or three (3) days after mailing. For the Developer: James Dorman, President Briarcliff Development Company , 1300 NW Briarcliff Parkway—Suite 250 Kansas City, Missouri 64116 For the City: City Administrator Riverside City Hall ' 2950 NW Vivion Rd Riverside, MO 64150 13. Entire A�reement. The parties agree that this Agreement constitutes the entire agreement between the parties arid that no other agreements or representations other than those contained in this Agreement have been made by the parties. This Agreement shall be amended only in writing signed by the parties. IN WITNESS WHEREOF, the City and the Developer have caused this Agreement to be executed in their respective names and the City has caused its seal to be affixed thereto, and attested to as of the date first above written. CITY OF RIVERSIDE, MISSOURI Kathleen l. Rose, Mayor Attest: Robin Littrell, City Clerk BRI LIF D VEL PMENTCOMPANY 1a e orman, President M�'l . AFFIDAVIT (as required by Section 285.530, Revised Statutes of Missouri) As used in this Affidavit, the following terms shall have the following meanings: EMPLOYEE: Any person performing work or service of any kind or character for hire within the State of Missouri. FEDERAL WORK AUTHORIZATION PROGRAM: Any of the electronic verification of work authorization programs operated by the United States Department of Homeland Security or an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, under the Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603. KNOWINGLY: A person acts knowingiy or with knowledge, (a) with respect to the person's conduct or to attendant circumstances when the person is aware of the nature of the person's conduct or that those circumstances exist; or (b) with respect to a result of the person's conduct when the person is aware that the person's conduct is practically certain to cause that result. UNAUTHORIZED ALIEN: An alien who does not have the legal right or authorization under federal law to work in the United States, as defined in 8 U.S.C. 1324a(h)(3). State of �'►1 I 55 o u f�. � ) ) ss: County of CLA-y ) BEFORE ME, the undersigned authority, personally appeared 1a1,n� s Dorh�a.h.. , who, being duly sworn, states on his/her oath or affirmation as follows: 1. My name is SMES �o ¢.rtA�V and I am currently the President of Briarcliff Development Company, whose business address is1300 NW Briarcliff Parkway — Suite 250, Kansas City, Missouri 64116, and I am authorized to make this Affidavit. 2. I am of sound mind and capable of making this Affidavit, and am personally acquainted with the facts stated herein. 3. Company is enrolled in and participates in a federal work authorization program with respect to the employees working in connection with the following services contracted between Contractor and the City of Riverside: Linear Park Maintenance Aqreement. 4. Company does not knowingly employ any person who is an unauthorized alien in connection with the contracted services set forth above. � 5. Attached hereto is documentation affirming Company's enrollment and participation in a federal work authorization program with respect to the employees working in connection with the contracted se ices. Further, Affiant saith not. Si re of Affi�q�- ���� P inted Name: �J/�AteJ Subscribed and sworn to before this 15� day of � ,2012. " (/ i(.t.lw.� �. a��,�,�, Notary Public My Commission Expires: v�cKi �. nscHa� Notary Public - Notary Seal State of Missourl Commissioned fa Clay C �Cammissbn Number.119� `PLEASE NOTE: Acceptable enrollment and participation documentation consists of the following 2 pages of the E-Verify Memorandum of Understanding: 1. A valid, completed copy of the first page identifying the Contractor; and 2. A valid copy of the signature page completed and signed by the Contractor, and the Department of Homeland Security - Verification Division. M�"t �`` °R°� CERTIFICATE OF LIABILITY INSURANCE °"TE`"'""°°"""" , 5/16/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGNTS UPON TNE CERTIFICATE HOLDER. THIS ' CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATNELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER�S�, AUTHORIZED ' REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: H the eertificate holder is sn ADDITIONAL INSURE�, ths poliey(les) must ba andorsed. If SUBROGATION IS WANED, subjset !o the terms and wnditions of the policy, certaln pollcbs may requiro an endorsement. A sfatement on thls certlflcate does not conisr rights to the certificate holdsr in lieu of such endorsament s. PROOUCER ��E T Diane Sh.pherd Bukaty Property 6 Casualty Services Iac. PHONE .(g13)345-0440 F � .1913)3�5-2608 11221 Roe Avenue '""��� .dahepherd@bukaty.com IN8URER S AFFORDINb COVERA(iE NAIC N Lea�rood K3 66211 INBURERAACC�d@I1t Insurance C 1401 �NSURED INSURER B : Sriarcliff Development Company DBA: INSURERC: 1300 Nio Briarcliff Parkaay INBURERD: 3uite 250 iNSUr�xe: Ranaas Cit � 64116 INBURERF: COVERAGES CERTIFICATE NUMBERCL3251611629 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMEO ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITION5 OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. �� TVPE OF INSURANCE POLICY NUNBER MWO� �F POLICY EXP U � � OENERAL WBILRY EACH OCCURRENCE S . COMMERCIAL GENERAL LIABILITY PR MI S CLAIM5-MADE � OCCUR MEO El� M ons parson) S � PER50NAL&AUVIPLIURV S GENERALAOOREGATE � . GEN'LAGGREGATE LIMITAPPLIES PER: PRODUCTS - COMPIOP AGG $ POIICY � LOC s AUfOMO&LE LUBILfiV COMBINFD SINGLE LIMIT nt -- � BODILYINJURY�Perparean) 5 ALL ONRJED SCHEDULEO BODILY INJURV (PeraxideM) S � AUTOS N PROPERN DAMAGE S HIRED AUTOS AUTOS P � � S UNBRELLALIAB pCCUR EACH OCCURRENCE $ � �C� Wg CU1IMS�MADE AGGREGATE S DEO REfENTION s ]� WORKERS CONPENSATION N WC STATU- OTH- ANO EMPLOYERS' WBILRY ANV PROPRIETOR/PAR7NER/E)(ECUTNE r � N E.L.EACHACCIDENT S SOO OOO OFFICEWMEMBER EXCLUDED7 � N�A 0003786 DO /l/2012 /1/2013 (ManGbry in NN) E.L. DISEASE - EA EMPLOYE S SOO OOO Hyss desai6e under DESCRIPTION OF OPERATIONS hsbw E.L. OISEASE - POLICY LIMIT S SOO OOO OESC WPTWN OF OPERATIONB / LOCA710NS / VEHICLES (Attxh ACORO 701, Addkbnal R�marYa BeMdul�, M mon �pau Is nqulnd) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POIICIE3 BE CANCELLED BEFORE THE IXPIRATION DATE TNEREOF, NOTICE WILI BE DELNERED IN ACCORDANCE WITH THE POLICY PROVISION3. � City of Rivarsido AUTHORIZED REPREDENTATNE Dian� Sh�ph�rd/DIANE '�. ACORD 25 (2010I05) � 1988-2010 ACORD CORPORATION. All tlghts reserved. IdI3f12!S /'immF1 m Tha A!`ADII n�ma nn.i In.... s.r .rni�Mwe.1 me�lrc ni A/`f1A1'1 AcoROm CERTIFICATE OF LIABILITY INSURANCE ° os i�ol"Z' ' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS ' CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATNELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED 8Y THE POLICIES ' BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certifieate holder is an ADDITIONAL INSUREO, the policy(iss) must ba endorsed. If SUBROGATION IS WAIVED, suhJact to the tsrtns and condRions of the poliey, eerlaln pollcies may requi►e an endorsement. A statement on this csrttflcate doss not confor rights to fhe prtlffcate holder In Ileu of such sndorsement s. PRODUCER 1-816-�21-7788 N� 3usen !lcCaffsey Rrthur J. Gallaqhsr Rlsk Msnaq�nt Sarvicss, Inc. p„oNE F � 816-467-569• . 616-395-869� AIC No: 2365 Granfl Bivd., Suit• 900 ��REgg sussn mccaftr�y@ajq.com Raaiif City, 110 64108 INSURER S AFFORDINO COVERAOE 1UIC � Taaa�r Surnt �NSURERA: ��R Al�t =NS CO 36064 INSURED �Ng��pg , T�T�pTCA PIN BEl7lFIT INS CO 41860 Sriarcliff Dawlopo�nt Ca�pany CrNnside Znwstasnts, r.rl' INauaERC: 1300 NIP. Hriarcliff Parkray, Suit� 250 INSURExO: �st6 City, 11� 66116 INBURERE: INSURER P : COVERAGES CERTIFICATE NUMBER: 2�16�29� REVISION NUMBER: TNIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOiWITHSTANDING ANY RE�UIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES �ESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAI� CLAIMS. � �� TYPE OF IN5l1RANCE � POLICY NUMBER MMN r E � MI�D � UM� A OENERALLUBILIiY X X s81t930T33500 09/OS/1 09/Ol/12 EpCHOCCURRENCE s1,000,000 x COMMERCIALGENERALLIABILITY PREMISES Ea N nence S 100,000 CWMS-MADE � OCCUR MED EXP (Aiyr ons person $ � X Blkt AI Form 421-0080 pERSOw.LBADVINJURY $1,000,000 GENERALAGGREGATE g Z.000,000 ' OEN'IAOGREGA7ELIMITAPPLIESPER: PRODUCTS-COMPIOPAGG $Z�000�000 POLICY PRo- X LOC s . 8 AUTOMOSILE LIABILIT/ � 927 � 4 D0 � BBI�,NE�SINGLE LIMIT 1� DO4, 000 y �, A � p BODILY INJURY (Par person) S ALL OWNED SCHEDULED BOUILY INJURY (Por eaddent) $ AUTOS AUTOS NON-0NMED PROPERTY DAMAGE s X HIREU AUTOS X AUTOS Per acciden[ g 8ir�d Phys X$1,000 Dad S � I $ '�IIMBRELLAL4►8 X��R UffiC92769fi1 09/Ol/1 09/Ol/12 EqCHOCCURRENCE 515�000,000 �' IXCESS LL►B CUIMS-MADE AGGREGATE S 15 � 000, 000 �' �ED X RETENTION S � S �. WORKERSCOMPENEATION WC STATU- OTH- � AND EMPLOYERS' WBILffY ANY PROPRIETORfPARTNERIEXECUTNE � N � A E.L. FACF1 ACCIDENT E OFFlCERIMEMBERIXCIUDE�? (Ihnd�dery in NN) E.L. DISEASE - EA EMPLOYE E Ifyes da�xibe uMer UESCRIPTION OF OPERATIONS helow E.L. DISEASE - POLICY LIMIT S DE6GRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Nheh ACORD 707, Adtlltlenal R�m�rlu ScMdW�, M mon sp�a Is rsqulnd� City of Riwrsid� is includ�d aa an additional insurad vith r�sp�ct to G�n�ral Lisbility cowraq� as r�quir�d by ; writt�n conLract. CERTIFICATE HOLDER CANCELLATION SHOULO ANY OF THE ABOVE DESCR18E0 POLICIES BE CANCELLED BEFORE City o= Riwraid�, llissousi THE D�IRATION DATE THEREDF, NOTICE WILL BE DEWERED IN ACCORDANCE WITM THE POLICY PROVISION3. 2950 !1N Vivion Aoad AUTFIORRlD REPRESENTATNE Riwrdd�, NO 64150 �� �j�� DSA � 198&2010 ACORD CORPORATION. All rlghts reservsd. ACORD 25 (20101D5) The ACORD name and logo aro registered marks of ACORD micbor SUPPLEMENT TO CERTIFICATE OF INSURANCE DATE OS/17/2012 NAME OF INSURED: g=iarcliff D�wlopm�nt Company Gr��nsida Snvsrtmsnts, •.*.r 9ddftional Descrintinn of Ooerations/Remarka from Paae 1: Additional Infortn ation • G�naral Liability -1ldditional Insured par lorm 421-0080 (01/03) SUPP (OS/04) Robin Littrell From: Gregory Mills Sent: Thursday, March 20, 2014 8:35 AM To: Robin Littrell Subject: Trails Agreement __ ---_ -- From Gregory Milis Sent: Wednesday, March 19, 2014 08:12 To: Richie Benninghoven (rcbCalbriarcliffkc.com) Subject: Trails Agreement Richie: The trails maintenance agreement we executed with Braircliff in May of zoi2 provided that the agreement can be terminated by either side without cause following a 3o day notice. Based upon my recommendation, the Board voted last night to exercise that option. While the agreement provides for maintenance to begin on April ist of each year and since that is only i3 days away, I prefer that no other work under this agreement occur. Thanks Richie. Any questions, let me know. Greg „ 11h�. � � ��� :���� .l„{nt ;i�: , � . i