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HomeMy WebLinkAbout2010-005 IDA Resolution Right of Way Use and Maintenance Agreement Corps of Engineers IDA RESOLUTION NO. 2010-005 A RESOLUTION APPROVING A RIGHT-OF-WAY USE AND MAINTENANCE AGREEMENT WITH THE UNITED STATES CORPS OF ENGINEERS IN CONNECTION WITH THE CONSTRUCTION OF IMPROVEMENTS FOR THE RIVERSIDE QUINDARO-BEND LEVEE, RATIFIYING AND CONFIRMING THE EXECUTION AND DELIVERY OF SAME, AND AUTHORIZING CERTAIN ACTIONS IN CONNECTION THEREWITH. WHEREAS, the United States Corps of Engineers has proposed the right to enter upon land which the Industrial Development Authority of the City of Riverside, Missouri for the purpose of surveying, making test borings, carrying out such other exploratory work as may be necessary the investigation being made of the property; and WHEREAS, the Industrial Development Authority of the City of Riverside, Missouri finds it is in the best interest of the City of Riverside to enter into an agreement with the United States Corps of Engineers for the use of such right of entry and maintenance of the Riverside Quindaro-Bend Levee in substantially the same form as set forth in Exhibits A and B attached hereto; NOW THEREFORE, BE IT RESOLVED BY THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF RIVERSIDE, MISSOURI, AS FOLLOWS: SECTION 1 —AGREEMENT APPROVED. That the two Right of Access and Maintenance Agreements by and between the Industrial Development Authority and the Corps of Engineers, in substantially the same form as attached hereto as Exhibit A and Exhibit B (which are incorporated herein by reference) are hereby approved. Further, the execution of such Agreements and the delivery of the same to the Corps of Engineers is hereby authorized, ratified and confirmed. SECTION 2—AUTHORITY GRANTED. That all actions heretofore taken by the officers, representatives and agents of the Industrial Development Authority in connection with the transaction contemplated by this Resolution are hereby ratified and confirmed, and the Industrial Development Authority shall, and the officers, representatives and agents of the Industrial Development Authority 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 Resolution, and to carry out, comply with and perform the duties of the Industrial Development Authority with respect to such Right of Entry and Maintenance Agreements. SECTION 3 - EFFECTIVE DATE. That this Resolution shall be in full force and effect from and after its DAY OF passage and approval. ADOPTED THIS83" DE 2010 V K President ATTEST: Secretary Exhibit A DEPARTMENT OF THE ARMY RIGHT-OF-ENTRY FOR CONSTRUCTION L-385 Instrumentation and The Industrial Development Subsurface Exploration, Installation or Authority of the City of Activity Riverside,Missouri Tract No.27 The undersigned,hereinafter called the"Owner,"hereby grants to the United States of America,hereinafter called the"Government",and It's Contractors,a permit or right-of-entry upon the following terms and conditions: 1.The Owner hereby grants to the Government an irrevocable right to enter upon the lands hereinafter described at any time within a period of three(3)months from the date of this instrument,In order to survey,make test borings,carry out such other exploratory work as may be necessary to complete the Investigation being made of said lands by the Government,and to install Instrumentation devices. 2.This permit includes the right of ingress and egress on other lands of the Owner not described below, provided that such ingress and egress is necessary and not otherwise conveniently available to the Government 3.All tools,equipment,buildings,improvements,and other property taken upon or placed upon the land by the Government shall remain the property of the Government and shall be removed by the Government before the expiration of this permit or right-of-entry. 4.If any action of the Government's employees or agents in the exercise of this right-of-entry results in damage to the real property,the Government will,at its option,either repair such damage or make an appropriate settlement with the Owner.In no event shall such repair or settlement exceed the fair market value of the fee Interest of the real property at the time immediately preceding such damage.The Government's liability under this clause may not exceed appropriations available for such payment and nothing contained in this agreement may be considered as Implying that Congress will at a later date appropriate funds sufficient to meet deficiencies.The provisions of this clause are without prejudice to any rights the Owner may have to make a claim under applicable laws for any other damages than provided herein. 5. The land affected by this permit or right-of-entry is located in the County of Platte,State of Missouri,and is described as follows: The Owner's property located within Tract No.27 which is adjacent to Levee Sta.Q61+80. WITNESS MY HAND AND SEAL this day of 2010. The In t-Qevelopme 1 thority of the WITNESS: Ci Rivers ,Missoy I By: �� / •+-- Authorized, en five UNITED STATES OF AMERICA GREGORY G.WILSON,CHIEF Real Estate Division ENG FORM 2803-A.May 98 EDITION OF 1 APR 741S OBSOLETE. IER 405-7-721 (proponent: CEREA) Exhibit B DEPARTMENT OF THE ARMY RIGHT-OF-ENTRY FOR CONSTRUCTION L385 Instrumentation and City of Riverside,Missouri Subsurface Exploration, Installation or Tract No.46 Activity The undersigned,hereinafter called the"Owner,"hereby grants to the United States of America,hereinafter called the"Government",and It's Contractors,a permit or right-of-entry upon the following terms and conditions: 1.The Owner hereby grants to the Government an Irrevocable right to enter upon the lands hereinafter described at any time within a period of three(3)months from the date of this instrument,In order to survey,make test borings,carry out such other exploratory work as may be necessary to complete the Investigation being made of said lands by the Government,and to install instrumentation devices. 2.This permit includes the right of ingress and egress on other lands of the Owner not described below, provided that such ingress and egress is necessary and not otherwise conveniently available to the Government 3.All tools,equipment,buildings,improvements,and other property taken upon or placed upon the land by the Government shall remain the property of the Government and shall be removed by the Government before the expiration of this permit or right-of-entry. 4.If any action of the Government's employees or agents in the exercise of this right-of-entry results in damage to the real property,the Government will,at its option,either repair such damage or make an appropriate settlement with the Owner.In no event shall such repair or settlement exceed the fair market value of the fee Interest of the real property at the time Immediately preceding such damage.The Government's liability under this clause may not exceed appropriations available for such payment and nothing contained in this agreement may be considered as Implying that Congress will at a later date appropriate funds sufficient to meet deficiencies.The provisions of this clause are without prejudice to any rights the Owner may have to make a claim under applicable laws for any other damages than provided herein. S. The land affected by this permit or right-of-entry is located in the County of Platte,State of Missouri,and is described as follows: The Owner's property located witNn Tract No.46 which is adjacent to Levee Sta.Q144+00 and Sta.Q158+90. WITNESS MY HAND AND SEAL this day of ,2010. Ci rversi ,Missou WITNESS: By: ( Authorized Rep rta 've UNITED STATES OF AMERICA GREGORY G.WILSON,CHIEF Real Estate Division ENG FORM 2803-A.May 98 EDITION OF 1 APR 741S OBSOLETE. IER405.7.721 (proponent: CERE-A)