HomeMy WebLinkAbout1691 Approving Right-of-Way Encroachment for Signage Located at 2900-2908 Vivion Road BILL NO. 2019-054 ORDINANCE NO. ��
AN ORDINANCE APPROVING A RIGHT-OF-WAY ENCROACHMENT FOR
SIGNAGE LOCATED AT 2900-2908 NW VIVION ROAD
WHEREAS, Curry Investment Company d/b/a Curry Real Estate Services ("Curry"),
owner of real property in which Swope Health Services is situated (2900-2908 NW Vivion
Road), desires to construct a sign in furtherance of the building's rehabilitation; and
WHEREAS, due to topographical features and the width of right-of-way fronting 2900-
2908 NW Vivion Road, the property owner has requested permission to locate the business sign
on City right-of-way.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF
THE CITY OF RIVERSIDE, MISSOURI, as follows:
SECTION 1. That Curry's request for its sign to be located on right-of-way fronting
2900-2908 NW Vivion Road, is hereby approved subject to the following terms and conditions:
A. That permission is hereby given to Curry, as owner and permittee, to construct
and locate a business sign in the public right-of-way fronting 2900-2908 NW
Vivion Road Avenue as, more particularly shown on drawings contained in
Exhibit A.
B. That all materials and design shall be subject to the approval of the Director of
Community Development upon application for a building permit. Curry will be
responsible for notifying relevant utility companies in accordance with Missouri
law (i.e., Missouri One Call) prior to beginning any Excavation (as defined in
Section 319.015(4), RSMo).
C. That Curry shall indemnify, hold harmless and defend the City and such persons
to whom the City is legally responsible, from and against any or all claims,
actions, suits, cross-claims, counterclaims, third party actions, damages, liabilities
and expenses, including but not limited to attorney's fees, in connection with the
loss of life, personal injury, bodily injury or damage to property arising from or
out of the use by Curry of the area upon which its sign itself is located or the sign
or any part thereof, or the installation, construction, maintenance, repair, or
removal of the sign and all related improvements of the sign, occasioned wholly
or in party by any act or omission of Curry, its agents, contractors, employees,
members, or invitees.
D. That Curry shall keep in force a policy of liability insurance in an amount not less
than that required in Exhibit B. In the event that the Board of Aldermen
determines that the insurance requirements need to be modified, the insurance
provided by Curry shall be revised to conform to the new standards.
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E. That if at any time the Board of Aldermen shall require the removal of or change
in the location of the sign, Curry agrees to promptly remove or change the
location of the sign in order to conform to the City's requirement, without any
cost to the City.
F. That this Ordinance only grants to Curry revocable permission to encroach upon
the City's right-of-way, and nothing herein shall be deemed to grant Curry an
easement, lease, right,title or any other interest in the City's right-of-way.
G. That the permission given pursuant to this Ordinance to Curry is not transferable
or assignable, nor does it run with the land.
H. That the permission given pursuant to this Ordinance may be revoked by the
Board of Aldermen at its sole discretion for any reason at any time; upon
revocation, the permittee shall cause the removal of the sign and the restoration of
the area to its original condition insofar as is practical without expense to the City.
I. That Curry evidences its agreement and acceptance of these terms and conditions
by executing Exhibit C.
SECTION 2. That this Ordinance shall be in full force and effect from and after its
passage, adoption, and approval by the Mayor.
SECTION 3. The City hereby authorizes the Mayor, the City Administrator, City Clerk
and other appropriate City officials to take any and all actions as may be deemed necessary or
convenient to carry out and comply with the intent of this Ordinance, 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
BE IT REMEMBERED that the above was read two times by heading only, PASSED AND
APPROVED by a majority of the Board of Alde en and APPROVED by the Mayor of the
City of Riverside, Missouri, this �day of , 2019.
khhleen L. Rose, Mayor
ATT!!
Robin Kincaid; City Clerk
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EXHIBIT A
PLAN DRAWINGS
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EXHIBIT B
INSURANCE REQUIREMENTS
Curry shall, at all times, maintain not less than the following insurance coverage's and amounts:
COMMERCIAL GENERAL LIABILITY—
Such coverage shall name the City, together with its employees, agents, and officers, as an
additional insured, and have not less than the following limits:
a. For all claims arising out of a single accident or occurrence:
$3,000,000.00
b. For any one person in a single accident or occurrence: $2,000,000.00.
All policies and certificates of insurance shall provide no less than thirty (30) days' prior written
notice to City in the event of cancellation, expiration, non-renewal, alteration, or reduction
(including but not limited to reduction by paid claims) of coverage or limits contained in the
policy or evidenced by the certificate of insurance. Curry shall furnish City a certificate of
insurance, satisfactory to City, evidencing that it has all the required insurance, and provide such
certificate to the City prior to beginning construction activity.
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EXHIBIT C
ACCEPTANCE OF TERMS AND CONDITIONS
Curry Investment Company hereby agrees and accepts the terms and conditions relating to the
encroachment permit as contained in Ordinance No.
Curry Investment Company:
By:
Printed Name:
Title:
Date:
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