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HomeMy WebLinkAbout1190 Agreement MoDot Lower Line Creek TrailBILL Flo. 2013-013 ORDINANCE NOO AN ORDINANCE APPROVING A LICENSE AGREEMENT BETWEEN THE CITY AND THE MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION IN CONNECTION WITH THE LOWER LINE CREEK TRAIL AND RELATED IMPROVEMENTS; AUTHORIZING, RA` IFI ING AND CONFIRMING THE EXECUTION ADD DELIVERY I of SAME, AND AUTHORIZING CERTAIN ADDITIONAL ACTIONS IN CONNECTION THEREWITH WHEREAS, the City owns and operates certain trail systems throughout the city; and WHEREAS, the City desires to utilize a portion of property ow by the Missouri ri Highways and Transportation Commission (hereinafter "Commission") along Route 9 under bridge number A2029 over Line creep for the purpose of construction of certain trail improvements and use of patrons who traverse the trail system within the City; and WHEREAS, the Commission agrees to allow the City to use Commission property for the purposes and subject to the terms and conditions set forth in Exhibit A attached hereto; and WHEREAS, the Board of Aldermen find it is in the best Interest of the city to enter into the License Agreement set forth in Exhibit A attached hereto; NOW THEREFORE, E, E IT ORDAINED BY THE BOARD OF ALDERMEN of THE CITY of RIVERSIDE, E SIDE, MISSO I, AS FOLLOWS: SECTION I — AGREEMENT APPROVED. That License Agreement by and between the City and the Missouri Highways and Transportation Commission (the "Agreement" ) in substantially the same form attached hereto as Exhibit A is hereby approved and authorized. th ri eda Further, the execution of such Agreement and the delivery of sane by the City Administrator, or designee, to the Missouri Highways and Transportation Commission 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 action, 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 such Agreement. SECTION 3 - EFFECTIVE DATE, That this Ordinance shall be in full force and effect from and after its passage and approval. BE IT REMEM that the above was read to tires by heading only, PASSED AND APPRO by a ,majority of the Board of Aldermen and APPROVED by the Mayor o the City of Riverside, Misso this day of ebrr y, , 2013. r { , Mayor Cathleen L. Rose f + " ATT E ST: r' '� `•, ' #, Robin Lttr 11. i y clerk + k r :pApprovvform N n i City Attorney COO Form: RW37" PLATTE COUNTY A pproved: 01/09 (ASB) ROUTE Revised: 0111 (AS Modified: MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSIO LICENSE AGREEMENT THIS AGREEMENT is entered into by the M HIGHWAYS AND TRANSPORTATION COMMISSION ere ttor, "Commission" and the City o � Riverside (hereinafter, "Cit � WlTNESSE H: WHEREAS, t;he Commission fs an entity of the State o Missouri created by state law and owns and maintains State Route 9 (hereinafter, " as part o the State Highway System In Platte County, Missouri; WHEREAS, the City owns and operates the Pedestrian rally (hereinafter, "T'rallo ) located throughout the area, Including those portions of the Frail iayI g outside of the Commfsslonls property of Route ; DES, the City desires to use that portion of the Commission property limits of Route 9 under bridge number A2 over Line Crook, (hereinafter, "Trali Connectof i t for the users of the Tra to cross Com pro when traveling on those portions of the Trail laying outside the said Commisslon property limits; WHEREAS, the Commission agrees to allow the City to use Commission property for the purposes, and subject to the terms and conditions, herein stated. W, THEREFORE, in consideration of the pronnises, covenants and representations In this Agreement, the parties agree as follows* ( 1 ) LICENSE„O T i f The Commission hereby grants the City and its successors, a non-exclusive right to use that portion of the Commission pr=operty across Highway at the location described on Exhibit "A" for the users of the Trail to cross the said Commission property to reach the point where the trail resumes, while travelin from one trail end to the other trail end outside the Commission property limits. ( 2) CONSIDERATION O LICENSE: The Commission grants this license freely and without charge, based on the City's express agr er ent to compl with the terms and conditions of this Agreement. This license is revocable by the Commission -through Its Missouri Department of Transportation (MoD representatives at any time, with or without cause, and this license i's automatically it„ i revoked by operation of law If the city violates any term or condition of !s Agreement, ent, The conditions of this License are: (A) The license is conditioned pedestrian or b 1cycle use of this area only, (B) Use of the Commission property is prohibited in times of floodwaters on the Trail Connector. (C) There will be no pu lIc park or recreational use or dedication of the Commission property for outdoor recreational use. (3) W BY THE CITY: The City shaii construct a paved surface on tho Trail Connector 'in the Commission property limits of Route 9 under bridge number A2029 over Lire Creek, pursuant to the plats and specifications as referred to here[n. This non-exclusive license prohibits conversion of the property to a 4f or 6f property as stated in the Code of Federal Regulations 23CFR771 of 35. If Is expressly understood and agreed that the primary purpose of the property which is the s u ble ct matter of this agreement shall remain for use of the Commission, (4) - CERTI FIC TES /PERMITS: The City's Engineer will complete and provide the necessary permits and the no -rise certificate, which will certify that the proposed paved su face will cause "no rise" In the 1 o -year flood elevation. IRAIL , CONNECTOR _ SIGN The City, consulting engineers and architects, have prepared final plans and final specifications for the Trail Connector to be constructed by the City, The Trai[ Connector is designed to meet requiretnents of AASHT , ADA, and Commission standards. The City shall submit to C rtissionls Kansas City District Engineer (hereinafter, "Distill Engineer") the final plans and specifications for the Trail Connector for written approval by the Disirlet Englneer subject to the concurrence of the Federal Highway Administration (hereinafter, IIFHWNI before any construction... can- begin... over.. the -C mmfsslon- property* The g eneral - design and location of the Trail Connector is shown on Exhibit "A" whirr Is attached to this Agreement and incorporated herein by reference 4 The Commission ission shall either approve or disapprove the final plans and specifications for the Trail Connector within a reasonable time after receipt from the City. The Commission, having no authority over FHWA approval measures, makes no representation as to the amount of time necessary to obtain FHWA concurrence to approval of the final plans and specifications. However, the CommIssion will promptly cooperate with and provide all 'Information within its control to the FHWA in order to expedite the approval process. After written approval is obtained from the Commission and upon proper application by the City, the Commission shall issue, through its District Engineer or the District Engineer's authorized representative, any permits necessary for t he - city to -- perform the work contemplated herein. Any significant revision in the design or construction of the Trail Connector shall receive prior written approval of the Comisslon subject to concurrence by the FW. The Trail Connector shall be constructed ire accordance with the plans and specifications to the satisfaction of the District Englneer or the District Engineer's authorized agents, (6) PLAN SHEETS The plan sheet showing the property lines subject to this license is attached to this Agreement as Exhibit "A" and incorporated herein b reference, (7) CONSTRUCTION CO The Commission acknowledges that the City will enter into a construction contract with an approved Contractor hereinafter, "Contract& to construct the Trail connector Improvements in accordance with the approved plans and secifieations; The City shall cause Contractor to submit appropriate documentation to the Commission, to include the following provisions; Comm(A) ission Inspection: The Commission's agents and employees will be authorized to Inspect the work on the Trail Connector and to approve or disapprove such work in the sane manner as if the construction coat ract has been entered into between the Contractor and the State of Missouri acting by and through the Commission. ion. The Commission agrees that all such inspections shad be conducted in a timely and reasonable manner. (B) .Responsible Pally for a n nt : The Contractor will fook solely to the City for payments pursuant to the construction contract, IncluOng, but not limited to payments for base co teaet work and change order work, and for claims pursuant to the contract or for breach thereof, and confirming that Contractor shall have no claim rights against the Commission, its employees, agents, successors, or assigns. (0 Construction Bo ds : The City shall acquire from the Contractor and shall deliver, prior to commencement of work on the Trail Connector, executed copies of Contractor's -. -- perform ance ....and - ....payment.... bonds... from eommorclal.. -.- surety - ..... companies ..... qualified and authorized to do business in Missouri, each in a penal amount equal to the contract sum, assuring the City and the Commission, which shall be named as bli es therein, as their interests may appear, of `l performance of all contractual obligations, and payment for all related labor, materials, and costs. Such bonds may be Issued as part of Oerformance and payment bonds on construction for work other than the Trail Connector. The performance and payment bond requirement does not render the Trail Connector construction project a public works project. (8) RESTORATION OF COMMISSION PROPERTY: At all tines during the constructlon or maintenance of the Trail Connector, the City and Contractor shall construct and maintain the Trail Connector in a manner . that Wli not Injure or damage the paved highway facility area or any of Commission property adjacent thereto, unless ass ec"fled herein. After construction of the Trail Connector, the City will restore the unpaved property to Its vaginal condition, as determined by the District Engineer. 11 Disturbed areas mtil1 be fine graded, seeded, mulched or sodded by the City. (9) TRAIL CONNECTOR : The City shall construct and maintain the Trail Connector t its own cost and expense i accordance with the final plans and f fin � specifications as approved by the CommIssion and the FHWA. If and when the highway is expanded, the Commission is fully responsible for cost of the restoration to the Trail 'Connector, Once restoration has been completed the City shall resume Its m al nten a ce rasp onsi ility for the Trail Connector, ( 10) DUR OF LICENSED The Commission and the City agree that this license and all rights of entry granted hereunder shall terminate and no longer be in effect no later than sunset on February 28, 2029, Upon approval of both pa the r terms and conditions of this Agreement are renewable for an dd[lona twenty -five (2 years from the date of the expiration of the Agreement. Any extension shall be memorialized in an appropriate Supplemental Agreement and executed by the dui authorized representatives of the parties. ( 11) NOT A J o1 NIT VE NT : Nothing contained 1n t Is Ag ream ent shall be deemed to constitute the Commission and the City as partners in a partn,ershlp or joint venture for any purpose whatsoever. ( 1 2) NO KNOWLEDGE OF HAZARDOUS OR OXIC SUBSTANCES PROPERTY: The Commission states that to the best of its knowledge and belief, there has been no generation, transportation, storage, treatment, disposal, release, leakage spillage or emission of any hazardous or trio substance or material' ' or an aboveground or underground petroleum product contamination on the subject pro ert 1y }F f during the Commission " s ownership of the property, and the Commission's representatives are not aware of the presence of any such hazardous or toxin substance or material, or petroleum product contamination, on the subject site. The Commission makes n warranty o r representation concerning the o siblift y of or absence of, concealed property c ntamInallon by such substances or materials, and the . ... ..... ...... _ Gity assures.. the risk..o ..- their.. presence,- un known. and undetected,- - If the- City. discover ............... � actual or potential hazardous or toxic substances or materials, or petroleum contamination on the subject property, the City is requested to leave the property and notify the Commission's MoDOT representatives immediately. ( 13) HUMAN REMAINS, SACRED OBJECTS AND ARTIFACTS: if human remains, or Native American or other sacred objects, artifacts or items of value are encountered during the use of the Trail Connector, their treatment will be handled in accordance with Sactlons 1 94.400 to 194.41 RS o, as amended. There are n human remains, sacred objects, artifacts or. other :teas of value known to be on the subject Trail Connector, to the best knowledge of Commission's MoD OT representatives, However, if the City finds any human retains, sacred objects, artifacts, or other :teas of value on the subject property, the City shall Immediate: cease the use o the Trail Connector and contact the Commission's l loDOT representatives, _ _- ( 14) ASSIGNMENT OF RIGHTS UPON DEFAULT COMMISSION OPTION. if the My defaults and abandons t he Trail Connector construction project, the Commission has the right, at its discretion, to complete construction of the Trail Connector or demolish the structure. The Commission shall have the right to charge all payments associated with and costs of construction or demolition to the city. Such assignment is at the option o the C ommlssfon , so that the Commission, if it elects, may compel performance and payments by Contractor or a substitute contractor) in compliance with the construction co tr et as secured by the required surety bonds., ( 1 5) TRAFFIC CONTROL PL -SIGNING ,. AND SCHEDULING C T City re to pr .�.........., _ to the District E n g ineer a traffic control plan for ha lir'g traffic during the contemplated constructloft. The City agrees to provide construction signing in compliance with the Manual on Uniform Traffic Control Devices, This Agreement is conditioned upon written lstriot Engineer approval of the traffic control plan and any revisions or modifications to the plan before constructlon may begin. All construction shall be scheduled to minimize disruption of the traffio flow. Any lane closure small b coordinated with MoDOT and scheduled dur*ng non peak moors except In the case o an emergency. (16) MAINTENANCE AND REPAI At all flmes dur the construction of the Trail C onnector and after its completion, the site of the Trail Connector and all related structures and approaches will be maintained by and at the expense O the City with respect to City use and operation of the Trail Connector so as to assure that thes structures and the area within, above and beside Co mI sio 's property will be kept in accordance with ADA and Commission standards and in good condition as to safety, use and appearance and such maintenance will be accomplished in a manner so as to cause n o unreasonable Interference with the use of or access to the Commission's state highway system. The City's maintenance requirements herein shall be limited to the maintenance required for the use of the Trail Corrector as provided for hereln. Notwithstanding anything herein to the contrary, the City shall have no maintenance ............ --requirements with regard - .to the - paved h ighway area... on Gommisslon property, except for cleaning Trash or items from from the Trail Connector and m any adj oining highway structure In a graffiti -free condition in accordance with direction as provide[ by MOOT. (17) THE COMMISSION ACTION W T IS FAILURE TO MAINTAIN PROPOSED STRUCTURE In the event the City fails to meet its maintenance obligations set forth in this Agreement, the Commission or its contractors, agents and employees shall have the authority, but net a duty or�o ll ation, to maintain the facility as the Comm ssion deems necessary. if the City falls to begin making repairs within thirty days of receiving written notice or falls to continue with the repairs in a diligent manner, the maintenance work may be performed by the Commission, unless the District Engineer or his/her authorized representative determines that an actual or potential emergency exists requidng immediate repairs, Any expenses incurred b y or on behalf of the Commission in performing the maintenance work described in this W- section shall be the debt of and shall be carafe to the City. (18) MAINTENANCE. PERMIT. Any maintenance performed on h Wrastruct re of the Trail connector shall require a permit to be Issued by the District Engineer, or the District Engineer's authorized representat vet Maintenance of the Trail Connector within the roadway limits may require proper lane closu res as specif 1ed in the Manual on Uniform Traf( control Devices or as dreced by the District Engineer,, Any lane closure shall be coordinated with MOOT and scheduled during nonpeak hours except In the case 6f are emergencyb (19) INDEMNIFICATION.' (A) To the extent allured or imposed by law, the 01t shall defend, Indemnify and hold harmless the Commission, including its members and department employees, from any ci alm or [lab! I ity whether based en { a clalm for dam ages to real or personal property or to a person for any matter relating to or arising out of the City's wrongful[ or negligent performance of its obligations under t is Agreement.. (B) The City will require any contractor procured by the city to work under this Agreement: ( i) To obtain a no cost permit from the Commission's district engineer, or d1strict engineer's authorized representative, prior t o working on tho Commission"s property, which shall be signed by an authorized contractor representative permit from the Commisslon's district engineer, or district engineer" authorized representative, wiii not be required for work outside of the Commission's property; and (2) To carry commercial general liability insurance and commercial automobile liability In8urance from a company authorized to issue insurance in Missouri,, and to name the comml sion, and the Missouri Department of .Transportation- ..and..its.. employees... s.-additional - named u reds in amounts sufficient to corer the sovereign Immunity limits for Missouri pudic entitles $500,000 per claimant and $3,000,000 per occurrence) as calculated by the Mlsso ri Department of insurance, Financial Insfitutions and Institution Professional Registration, and published annually in the Missouri register pursuant to Section 537.610, RSMo. (C) In no event shall tfie language of this Agreement constitute or be construed as a waiver or limitation for either party "s rights or defenses with regard to each party's applicable sovereign, governmental, or official Immunities and protections as provided by federal and state constitution or lair. (20) ASSUMPTION of RISK AND RELEASE; (A) Assumption of Rig: The City, by signing this license agreom n , acknowledges ges that It has carefully read this legal document, and that it understands that rot the Co m m isslo n property has ve hio lar traffic and other potential hazards on it that ca nnot reasonably be protected against, or warned of, in advance. By signing this license agreement, the City agrees to comply with the safety Instructions I receives in this document and from MT employees; the City aooldes the existence f these and other risks on Commission property, and agrees to assume those risks by accepting this license, and using the Commission's property for the activity, permitted hbrein. ( 21) REVOCATION OF AGREEMENT_ This Rcense granted In this Agreement is at the pleasure or discretion of the Commission. The occurrence of any one of the following shall constitute a default by the City under the terms of this Agreement and, at Commission discretion, may result 1h revocation of this Agreement, Fa ilure (A) to Construct the Trail Connector as Approved The Frail Connector is not completed in compflance with the plans and spesificatlo s approved or approved as modified by the Commission and the FWA; (B) Nonuse or Abandonment of Trail Conneot r; The Trail Connector ceases to be used for the purposes stated herein, or is abandoned; ( C ) ar � e -or Disrepair The Trail Connector is damaged or fails into diroair, such that it becomes structurally unsound or unsafe to be used for the purpose for is n ' it was built, and it cannot be repaired or the City will not repair the "rail connector to a condition saltIsfaotory to the Commission and the FHWA; (D) ., V iolation -- of Agreemenj The City violates any term of this Ag ( E ) Change In < < The City changes or attempts to change the use or purpose of the Frail Connector, without prior written approval of the Commission, ion, with the concurrence of the F WA; (F) Violation of LaWs, The City constructs, operates, uses or maintains the Trail Connector or any other structure within the Commission's property in violation o f any state or federal laws or regulations which are applicable at that time, but only � after Notice is given by the Commission specifying the violation and giving a reasonable � opportunity to cure, n t to exceed thirty 3 days, and which is not cured by the City i within the applicable time; ( G ) Failure to Pay Cets The City fails to pay its debts o r llaliities t the Commission under this A reer ent; (H) Failure to Maintain Insurance: The City falls to maintain insuran as required by this Agreement, 1 bold o invalid A ree er : This Agreement, or any material portion thereof is deemed void or invalid by a court of competent Jurisdiction. Unsafe Action: if the City acts in an unsafe manner, negligently, or refuses to follow safety instructions of MoDOT officials, or In any way breaches the terms of this license agreement. The City understands that it shall not assign or delegate any interest in th €s Agreement and shall not transfer any interest In or use of thi's license to another. This license is granted solely to the City and to no other person or etityk (K) of the Trall Connector: In the event this Agreement Is revoked under provisions of Section 2 of this Agreement and the Commission deems it necessary to request to remove the Trail Connector Improvement, the removal shall be accomplished by the City or a responsible party as determined by the G r ml slon, In a manner prescribed by the Commission, with all costs and expenses associated with the Trail Connector removal paid by the City& (22 Relocatio rr or Alteraflon of.-Highway: ln the event that the Commission should find that It is necessary to redesign, relocate, or alter the highway at this location, the Commission, at its sole discretion, may suspend this license as needed to redesign, relocate, or alter the highway at this location. Further, should the Commission find that changes should be made at this location, but does not desire to terminate this Agreement, the Commission shall make charges at Its expense. Dace the changes have been completed, the City shall resume its maintenance responsibility for the `gall Connector, (23) ADVE RESTRICTIONS: No billboards or advertising is to be placed on or over the Commission s property or airrspace, elther within, ors, attached to or apart from the Trail Connector. On premise d rectionai signs pertaining only to the Trail and the Trail Corrector will allowed, as approved by the Commission in the plans submitted by the City for this product* OPPORTUNITY CURE As to any default described In ara ra h (22) . .......... . . . . ... .... . above, same shall not be a basis of ermir atin or revoking this Agreement until written notice is delivered to the City specifying the default with particularity, giving a reasonable opportunity to oure not to exceed thirty 3 days, and which is riot cured by the City within the applicable lime. (25) RMO A THE TRAIL CONNECTOR; in the event this Agreement is revoked and the Commission deems it necessary to request the removal of the Trail Connector improvement the removal shall be accomplished by a responsible party, as determined by the Commission, in a manner prescribed by the Commission, with all costs and expenses associated with the Trail Connector removal paid by the City. ( 26) UTILITY RELOCATION: With respect to any utility facIfifles requiring relocation or adjustment in connection with the herein contemplated construction, the City agrees that said relocation or adjustment shall bd in accordance with the detailed } plans as approved by the Commission with all costs and expenses associated with the utility relocation or adjustment paid by the City. (2 UONDISCRIMINATION The City, for itself, its representatives, and successors in interest, as part of the consideration hereof, does hereby covenant and agree as a covenant running with the property that no person on the grounds of race, color, religion, creed, n do n al orig in, dIsa Flit , sex or age shall be dented the benefits of or ol harMse be suble cfed to discr! min ation In the construction or use of the city facilities served by the Trail Connector. (28) AMENDMENTS: Any change in this Agreement, ent, h ther by modification and/or supplementation, must be accomplished by a formal b ontract amendment signed and approved by the duly authorized repr sentatl os of the City and the Commission. (29) AUTHORITY TO EXECUTE: The signers of this Agreement warrant that they are acting officially and properly on behalf of their respective institutions and have been duly authorized, directed and empowered to execute this Agreement. (30) S v A ILIT : If any clause or provision of this Agreement is found to be void or unenforceable by a court or district of proper jurlsdiction, then the remaining provisions not void or unenforceable shall remain in full force and effect, (31) SURVIVABILITY: The City's obligatlorn to the Commission under this Agreement shall survive the completion of the terms of this Agreement. (32) DEFENSES This Agreement may be pleaded as a full and complete defense to any subsequent action or other proceeding arising out of, or relating to, or having anything to de with, any and all ola lms, co nterclalms, issues, defenses or other matters released and discharged by this Agreement. This Agreement ent may also be used to abate any such action or other proceedings and as the basis of a counterclaim for -damages* (33) LAW MISSOURI T GOVERN: This Agreement shall e construed according to the laws of the State of Missouri= The City shall comply with all local., state and federal laws and regulations relating to the performance of this Agreement., (34) VENUE: It is agreed by the parties that any action at law, suit in equity, or other judicial proceeding to enforce or construe this Agreement, or respecting its art god breach, shall be instituted only in the circuit court of Cole County, Missouri, (35) AUTHORITY TO GRANT LICENSE: The parties enter into this Agreement with full understanding that the Commission, to the best of its knowled and belief, has the authority to grant this license. The Commission makes no representation that it has full fee simple title to the property which is the subject of this Agreement. In the event this Agreement is rendered null and void based upon a determination that the Commission did not have the authority to grant this license on the subject property, the Commission will not be responsible for any damages, costs or other expenses incurred by the City in connection with this Agreement. (3 6) NOTICES: Any notice or other communication required or permitted to be given hereunder shall be in writing and shall be deemed given three 3 days after delivery by United States mail, regular rail postage prepaid, or upon receipt b personal or facsimile delivery, addressed as follows: ( A) To the City of Riverside: rside: M r, Tra Hoover, P.E. Capital Projects Engineer 2950 NW ViVion Road riverside, MO 64150 Fa sImIle No.: 1 741 -3993 (B) To the Commis lon: Missouri Department of Transportation — Kansas pity District 600 NE C l ern d� Lee's Surnmit, MO 64086 Facsimile No.; 622 - or to such other place as the parties may designate in accordance with this Agreement, To be valid, c [mile delivery shall be followed by delivery of the original document, or a clear and legible cop} thereof, within three 3 business days of the date of facsimile transmission of that document. ( 37) ENTIRE AGREEMENT: This Agreement represents the entire understanding etws n the parties regarding this subject and supersedes all prior written o oral communications between the parties regarding this subject. L IAB ILITY' l N s U RA C E � -- ' T ho City Agtoo s t provide t .. COMM i s slon With _. 11aliitr insurance to protect and defend the Commission from liability for any claim arising out of tine eilet or deficient deifl, construction, maintenance, use or inspection of the trail, which was not caused b or as a result of any negligent, reckless, or intentional act of the Commission o MOOT, Such Insurance protection of the Commission shall be in the minlm m limits of Fire Hundred Thousand Dollars ($500,000) per person and Three Million Dollars ($3,000,000) per occurrence or higher, as those limits may be increased under Section 537.600 RSMo . if a statutory limit of liability for a type f liability specified In t i's section i's repealed or'does not exist, the Commission shall set reasonable limits for that insurance coverage which shall be subject to ad periodically, in a written notice from the Commission to the City. (A 6 Named Insured Each such insurance policy shall specify as the "Insured" or "additional named Insured" the Commission, the Missour Department of ` ransportat on, and their members, agents, officers and employees, who -10- are collectively described In this provIslo as "the Insured state entities ". At the City's election, the insurance required by this provislon may be included its one or more policies obtained by or on behalf of the City, naming another party or parties as insured also. however, if the City elects to insure more than the Msurred state entities In any one policy, that poky shall contain a severability of interests clause, providing that the policy i1 its shall apply independently to the insured state entitles separately from any other insured party, ven if their Interests may co nf I Ict or be Inca list t. (B) D uratlon of Insurance: The insurance coverage and protection required by this Agreement shall be and remain In force eonti uc sly, through original and any necessary successor policies of insurance, from prior to the time the city begins constrWlon of the trail on Commission property, for as long as that trail rem it open for public use of it and the adjacent segments. Upon request, the 01ty shall provide the Commission and/or MoD OT With a copy of a cortificate of insurance, showing that such insurance is in effect; And if any claim or suit is brought against the Commission or MoD OT, or their officials, employees, agents or representatives, the Commission and/or MoDOT may require the City to provide a full and complete copy of all applicable policies of insurance, appropriately endorsed. [Remainder of Page Intentionally Leff Blank] t IN WITNESS W HEREO F, the parties have entered Into this Agreement on the date last wrItten below. Executod by of "hi s da of 2 Executed by the Co the ;� day of (1 13D 2 MISSOURI URI HIGHWAYS AND TRANSPORTATION CO MISSION B y: ,, ' j 7— Title Chie Eng ineer THE CITY O RIVE MISSO R B r r Title Attest: Secret r vo s t o commission Cb Attest: (SEAL) f �� r Tit[e, L T App rovod as to ' Form y M Title: Ordinance No. E k It� IN WITNESS WHEREOF, the parties have entered Into this Agreement o the date last written below. Executed of this der of Executed by the Commission this day of MISSOURI HIG AND TRANSPORTATION COMMISSION * ._. PI54r MMi Titre Attest: (SEAL) Secret to the Commission Approved s to Form; Commission Counsel M .... ! 2 ' s . THE CITY OF RIVERSIDE, MISSOURI By: . IPA L Title Z # k 1 t �'f a i 4 i Attest. (SEAS) ` { t 4 f or : rt ► IdF a t Title # ' { " Approved orm Title: Ordinance N. 90 AC KNOWLEDGME5NT BY THE CIT STATE 0 �L S COUNTY OF J On &Ja, this -- d LwaA,� — 20)3, before me eared 0 ne, I I w *� personally known to tne, who being b me c swore did say that hefshe is the � of 0,; f and that the fo instrument was signed and sealed bea�lf of of ( l. 4 - a k and that he/she acknowledged said 'Instr me to b the r act and deed JLA of Fat it yet f the rons I t h ir fe --C--, ' and to IN T EST IMONY WH E R EO 1=, I h acre hereunto set m hand and A fixed my off Val sealer county and state aforesaid the day and year written above* 4 ACKNOWL51DGMENT BY COMMISSION STATE W, Ss COUNTY OF. On this day of 20 j3 before rye appeared Ed Hass inge personally kno to te who belng by me duly sworn, did say that he/she Is the Cruet Enginetf the Missouri Highways and Transportation Commission and the sea[ affixed to the foregoing Instrument Is the official seal of said Commission and that said Instrument was signed on behalf of said Commfsslon by authorit of the M" sourl Highways and Transportation Commission and safd Ed s , acknowledged said Instrument to e the free act and deed of said Commission, IN TESTIMONY VVH E REOF i have hore unto set my hand and af fixed my official seal In the county and state aforesaid the day and year written above. DANA L KAISER m y Commission Expires 4 7, 2015 ;SEAL Cole County Gom4olon 011287667 M Commission Exp *4 w i E XHIBIT The Commission right of way limits of Highway 9 under bridge number A2029 over Line Creek.