HomeMy WebLinkAboutR-2015-077 Agreement with Montebella Homes Association regarding Street Lights RESOLUTION NO. R - 2015-077
A RESOLUTION APPROVING AN AGREEMENT WITH MONTEBELLA HOMES
ASSOCIATION RELATED TO STREET LIGHTS
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
RIVERSIDE, MISSOURI, AS FOLLOWS:
THAT the Board of Aldermen hereby approves the Agreement Montebella Homes
Association, a copy of which is attached in its substantial form, and further authorizes the
Mayor to execute the same on the City's behalf;
FURTHER THAT the City Administrator and such other officials of the City may
execute any other additional documents or take such other actions as are necessary,
incidental or expedient to carry out the intent of the agreement approved and the authority
granted herein.
PASSED AND ADOPTED by jhe Board of Aldermen of the City of Riverside,
Missouri, the 17 day of 2015.
' Mayor Kathleen L. Rose
ATTEST, e
gbin Cirlcaid, City Clerk
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RESOLUTION NO. R - 2015-077
AGREEMENT
THIS AGREEMENT (the "Agreement"), is made and entered into as of the�day of
2015, by and between MONTEBELLA HOMES ASSOCIATION, INC.
("Homes Association"), and the CITY OF RIVERSIDE, MISSOURI ("City"):
In consideration of the mutual undertakings herein contained and other good and valuable
consideration, the parties covenant and agree as follows:
I. In General. Twenty (20) decorative street lights/poles were installed in connection with
the phase I development of the Montebella subdivision. The electrical power for these
street lights is metered in the name of Homes Association. The City agrees to reimburse
the Homes Association in the amount of $31.81 per pole, which is comparable to the
City's present cost that it pays per pole to KCP&L for comparable service in the rest of
the City. Homes Association agrees to invoice the City on a quarterly basis and provide
sufficient information as may be requested by the City to satisfy itself of the validity of
the reimbursement request. The amount referenced above shall be equitably adjusted in
response to rate changes effectuated by KCP&L. The City also agrees to reimburse the
Homes Association in comparable manner for comparable decorative street lights/poles
for subsequent phases on the Montebella subdivision.
2. Term. This Agreement shall expire on June 30, 2016, but shall automatically and
continuously renew for one year unless either party gives notice of termination to the
other party at least ninety (90) days prior to June 30 of the respective calendar year.
3. Entire Agreement; Modifications. All understandings and agreements heretofore
between the parties relating to streetlight reimbursement costs are merged in this
Agreement, which alone fully and completely expresses their agreement. This
Agreement may not be modified, changed or supplemented, nor may any obligations
hereunder be waived, except by written instrument signed by the party to be charged or
by its agent duly authorized in writing or as otherwise expressly permitted herein.
4. Force Majeure. If, by reason of force majeure, either party is unable in whole or in part
to cavy out its obligations under this Agreement, such party shall not be deemed in
default during the continuation of such in ability, provided reasonably prompt notice
thereof is given to the other party. The term "force majeure" as used herein shall mean,
without limitation, the following: acts of God; strikes, lockouts or other industrial
disturbances; acts of public enemies or military authority; insurrections, riots, terrorist
acts; landslides; earthquakes; fires; storms; drought; floods or other severe weather
conditions; explosions; breaks or accident to HVAC; utility lines, machinery, or waste
disposal systems; or any other cause or event not reasonably within the control of such
party and not resulting from its negligence or intentional wrongful acts or omissions. An
event of force majeure does not relieve a party from liability for an obligation which
arose before the occurrence of that event, nor does that event affect the obligation to pay
money in a timely manner which matured prior to the occurrence of that event.
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RESOLUTION NO. R - 2015-077
5. Waivers. No waiver of any breach of any agreement or provision herein contained shall
be deemed a waiver of any preceding or succeeding breach thereof or of any other
agreement or provision herein contained. No extension of time for performance of any
obligations or acts shall be deemed an extension of time for performance of any other
obligations or acts.
6. Binding Effect. This Agreement shall bind and insure to the benefit of the parties and
their successors and assigns.
7. Counterparts. This Agreement may be executed at different times and in two or more
counterparts and all counterparts so executed shall for all purposes constitute one
agreement, binding on all the parties hereto, notwithstanding that all parties shall not
have executed the same counterpart. In proving this Agreement, it shall not be necessary
to produce or account for more than one such counterpart executed by the party against
whom enforcement is sought.
8. Governing Law. The Agreement shall be governed and construed in accordance with the
laws of the State of Missouri with respect to contracts to be wholly performed herein.
9. No Third Party Beneficiaries. The parties do not intend to confer any benefit hereunder
on any person, firm or other entity other than the parties hereto.
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RESOLUTION NO. R - 2015-077
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year
above written.
MONTEBE OMES ASSOCIATION,
INC.
By:
Print Name: �r\N �/ l�✓ dJtt�'�R!
Title:
Date: '2
CITY OF MVERSIDE, TVIISSOUgA
1
By:
Kathleen L. Rose
Title: Mayor
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� TEST:
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RobihKincaid, City Clerk
Mike Duffy
Title: Acting City Administrator
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