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HomeMy WebLinkAbout2006-120 -Cost Participation Agreement with North River Holdings, LLC for Northwood Road Phase I,, ,, Bill No. 2006-120 AN ORDINANCE AUTHORIZING AND APPROVING THE CITY OF RIVERSIDE, MISSOURI, TO ENTER INTO A COST PARTICIPATION AGREEMENT WITH NORTH RIVER HOLDINGS, LLC FOR NORTHWOOD ROAD PHASE I IMPROVEMENT PROJECT WHEREAS, the City of Riverside (the "City") desires to enter into a Cost Participation Agreement with North River Holdings, LLC. ("Developer") for reconstruction of a portion of Northwood Road designated as Phase I (the "Project); and WHEREAS, the City has reached an agreement ("the Agreement") with the Developer concerning the cost participation for the Project in which the City agrees to fund the actual costs of asphalt pavement material and concrete curb and gutter; and WHEREAS, the City finds that entering into the Agreement is for a public purpose and is to be advisable and in the City's best interests for the promotion of the health, safety and welfare of the residents of the City; and NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RNERSIDE, MISSOURI, AS FOLLOWS: Section 1. This Ordinance is intended and is hereby determined and declared to be necessary to accomplish and serve the public purpose of improving a public road by entering into a Cost Participation Agreement. Section 2. The City of Riverside shall enter into the Agreement, to be substantially in the form attached hereto as Exhibit A, with North River Holdings, LLC. Section 3. The Mayor, the City Administrator, the City Attorney and other appropriate City officials are hereby authorized 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 maybe necessary or convenient to perform all matters herein authorized. Ordinance No. 2006-120 Section 4. This Ordinance shall be in full force and effect from and after its passage and approval. ,. ... ._ ~, T `, ,. ADOPTED by the Board of aldermen of the City of Riverside, Missouri, and approved by the Mayor of Riverside, this ~ day of September, 2006. Ma r Kathleen L. Rose ATTEST: ~~ .. ~ .1. .. 7 `, ,~ Y COST PARTICIPATION AGREEMENT THIS AGREEMENT is entered into by the City of Riverside, Missouri (hereinafter, "City") and North River Holdings, L.L.C. (hereinafter "Developer"). WITNESSETH: NOW, THEREFORE, in consideration of the mutual covenants, promises and representations in this Agreement, the parties agree as follows: (1) PURPOSE: The purpose of this Agreement is to coordinate the cost and participation by the City and Developer in public improvements designated as Phase 1, Northwood Road Project, Platte County, which will consist of the reconstruction and realignment of Northwood Road from the limits of the intersection at Highway 9 northerly approximately 168 feet. This project will be let .and financed by the Developer. (2) LOCATION: The location of the project is shown on attachment marked "Exhibit A"and incorporated herein by reference. (3) ANNEXATION: The obligations of the City under this Agreement are specifically conditioned upon the filing by Developer of a petition for voluntary annexation of all portions of Developer's Montebella project consisting of approximately 156 acres into the corporate limits of the City, the execution by Developer of an irrevocable consent to the annexation, and Developer's good faith support of annexation through the annexation process including any hearing, court proceeding and election. (4) CANCELLATION: The City may cancel this Agreement at any time for a material breach of contractual obligations by providing the Developer with written notice of cancellation. Should the City exercise its right to cancel this Agreement for such reasons, cancellation will become effective upon the date specified in the notice of cancellation sent to the Developer. (5) DUTIES AND FINANCIAL RESPONSIBILITIES: With regard to work under this Agreement: (A) Cit r: In addition to any other obligations of the City as stated in this Agreement, the City shall be responsible for the following: (1) Review and approve all submittals of plans, specifications, estimates and variances to City standards. (2) Provide copies of or access to all current design standards, specifications, standard plans and special provisions to assist in the development of the construction documents standards. -1- ~~ .. - .1. .. ? f (3) Provide the necessary easements and Right of Way for the roadway on property currently owned by the City. (4) Maintain the Northwood Road improvements after completion of the improvements. (5) Allocate a maximum of Two Hundred Sixty-five Thousand dollars ($265,000.00) of City funds for the actual costs of asphalt pavement material and concrete curb and gutter material in the approximate amounts listed in "Exhibit B" attached hereto and incorporated herein by reference. (B) Developer: In addition to other obligations of Developer as stated in this Agreement, the Developer shall be responsible for following: (1) Design, or cause to be designed by a consultant, the proposed improvements in accordance with City standards and as approved by the City, which at minimum will include 37' back-of-curb to back-of-curb roadway with 9" asphalt base and 2" asphalt top coat and 2' concrete curb and gutter, 5' concrete sidewalk on the east side of the roadway (upon approval of a final plat for that area), and 10' trail on the west. (2) Submitting Conceptual, Preliminary, Right-of-Way, Traffic Control and Final plans to City for approval. (3) Acquiring necessary easements and right-of-way for construction of the project. (4) Any right of way donated or acquired by the Developer shall be conveyed to the City by a warranty deed from the Developer with a title policy. (5) Fund the acquisition of all additional right of way necessary for the completion of the improvement. (6) Obtain all necessary permits for construction in accordance with federal, state, and local laws and regulations for construction of the project. The Developer shall be responsible for all necessary permit mitigation requirements for these improvements. (7) Submit final contract plans, specifications and estimate for construction, broken into the respective City and Developer components prior to advertising for bids for review and approval. (8) Obtaining permits from the Corps of Engineers to comply with Section 404 regulations and environmental clearance. -2- ~. ,.. .. 9 .~, .. 7 1. 1 (9) Let, administer and fund the construction contract including inspection of work performed by the contractor. (10) Require the contractor to provide payment, performance and maintenance bonds as required by City ordinance. (11) Pay all costs for additional items of work related to the project including but not limited to: lanes, retaining walls, signals, right of way, easements, temporary striping, temporary bypasses, auxiliary lanes, construction and permanent signing, borrow, fill, erosion control, and permanent drainage structures, and all other expenses not specifically detailed in "Exhibit B." conferences. standards. (12) Supply design personnel for pre-bid and preconstruction (13) Conduct all surveying. (14) Prepare final as-built plans in conformance with City's (15) The Developer shall secure the temporary or permanent removal, relocation, or adjustment of public utilities or private lines, poles, wires, conduits, and pipes as necessary for construction of the improvement. (6) CITY RIGHT OF WAY: All improvements made within the City-owned right-of-way shall become the City's property, and all future alterations, modifications, or maintenance thereof, will be the responsibility of the City. (7) NO INTEREST: By contributing to the cost of this project or improvement, the Developer gains no interest in the constructed roadway or improvements whatsoever. The City shall not be obligated to keep the constructed improvements or roadway in place if the City, in its sole discretion, determines removal or modification of the roadway or improvements is in the best interests of the roadway system. In the event the City decides to remove the landscaping, roadway, or improvements, the Developer shall not be entitled to a refund of the funds contributed by the Developer pursuant to this Agreement. (8) ADDITIONAL FUNDING: In the event the City obtains additional federal, state, local, private or other funds to construct the improvement being constructed pursuant to this Agreement that are not obligated at the time of execution of this Agreement, the Developer shall not receive a reduction in obligation, or a return of, a refund pursuant to this Agreement. (9) RIGHT-OF-WAY USE: The City grants the right to use the right-of-way of public roads, streets, and alleys as necessary for construction and maintenance of the improvement. -3- ~. .. 7 „~, .. T i. (10) CLOSE AND VACATE STREETS: The City shall temporarily close all City streets or roads, or parts thereof, which may be necessary to permit the construction of the project in accordance with the traffic control plan prepared by the Developer and approved by the City. (11) LIGHTING: The installation, operation, and maintenance by the Developer of any lighting system on the public improvement covered by this Agreement shall be only in accordance with the City's policy on street lighting in effect at the time of any such installation and only to the extent the City then deems warranted. No street lighting system shall be installed or maintained by or for the Developer on the improvement within City owned right-of--way without approval of the City. (12) TRAFFIC CONTROL DEVICES: The installation, operation and maintenance of all traffic signals, pavement markings, signs, and devices on the improvement, including those between the highway and intersecting streets shall be under the exclusive jurisdiction of the City. The Developer shall not install, operate, or maintain any traffic signals, signs or other traffic control devices on the highway or on streets and highways at any point where they intersect the highway without approval of the City. (13) DRAINAGE: The Developer will construct drainage facilities along the improvement and may use any existing storm and surface water drainage facilities now in existence in the area. The City shall be responsible for receiving and disposing of storm and surface water discharged from those drainage facilities which the Developer constructs within the limits of highway right-of-way only to the extent of drainage of the roadway. The Developer shall control storm and surface water drainage from the Montebella project to comply with City ordinances and prevent excessive discharge from the site. The drainage plan shall be reviewed and accepted by the City for the roadway improvement project as well as the Montebella project before approval of commencement of the roadway improvement project. (14) MAINTENANCE: (A) Except as provided in this Agreement, upon completion of the public improvement, the City will maintain all portions of the improvement within the City owned right-of-way. Maintenance by the City shall not in any case include maintenance or repair of sidewalks or bike/pedestrian trails whether new or used in place, water supply lines, sanitary or storm sewers (except those storm sewers constructed to drain the roadway), city-owned utilities within the right-of-way or the removal of snow other than the machine or chemical removal from the traveled portion of the roadway. (B) The Developer shall inspect and maintain the sidewalks and bike/pedestrian trails constructed by this project in a condition reasonably safe to the public and, to the extent allowed by law, shall indemnify and hold the City harmless from any claims arising from the construction and maintenance of the sidewalks and -4- bike/pedestrian trails. (15) RESTRICTION OF PARKING: Since the improvement is being designed and constructed to accommodate a maximum amount of traffic with a minimum amount of right-of-way, the City may take whatever actions that are necessary to prevent parking upon the roadway or any part of the area of the right-of-way within the limits of the improvement. (16) OUTDOOR ADVERTISING: No billboards or other advertising signs or devices or vending or sale of merchandise will be permitted within the right-of--way limits of the project. (17) WITHHOLDING OF FUNDS: In the event that the Developer fails, neglects or refuses to perform any of the obligations assumed by it under this Agreement, the City may, after serving written request upon the Developer for compliance and the Developer's failure to comply, withhold the expenditure of further funds for maintenance, improvement, construction, or reconstruction of the project. (18) INDEMNIFICATION: To the extent allowed by law, the Developer shall be responsible for injury or damages as a result of any services and/or goods rendered by or through the Developer under the terms and conditions of this Agreement. In addition to the liability imposed upon the Developer on the account of personal injury, bodily injury, including death, or property damage, suffered as a result of the Developer's performance under this Agreement, the Developer assumes the obligation to save harmless the City, including its agents, employees and assigns, and, to the extent allowed by law, to indemnify the City, including its agents, employees and assigns, from every expense, liability or payment arising out of such wrongful or negligent act or omission, including legal fees. The Developer also agrees to hold harmless the City, including its agents, employees and assigns, from any wrongful or negligent act or omission committed by any subcontractor or other person employed by or under the supervision of the Developer for any purpose under this Agreement, and, to the extent allowed by law, to indemnify the City, including its agents, employees and assigns, from every expense, liability or payment arising out of such wrongful or negligent act or omission. (19) AMENDMENTS: Any change in this Agreement, whether by modification or supplementation, must be accomplished by a formal contract amendment signed and approved on or between the duly authorized representatives of the City and Developer. (20) CITY REPRESENTATIVE: The City's City Administrator is designated as the City's representative for the purpose of administering the provisions of this Agreement. The City's representative may designate by written notice other persons having the authority to act on behalf of the City in furtherance of the performance of this Agreement. -5- ~.. ,. ~ .T. .. T ~,. ,. ~~ (21) 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 mail postage prepaid, or upon receipt by personal or facsimile delivery, addressed as follows: (A) To the City: (B) To the Developer: City of Riverside Attn: David Blackburn 2950 NW Vivion Road Riverside, Missouri 64150 Facsimile No: (816) 746-8349 North River Holdings, L.L.C. or to such other place as the parties may designate in accordance with this Agreement. To be valid, facsimile delivery shall be followed by delivery of the original document, or a clear and legible copy thereof, within three (3) business days of the date of facsimile transmission of that document. (22) ASSIGNMENT: The Developer shall not assign, transfer or delegate any interest in this Agreement without the prior written consent of the City. (23) LAW OF MISSOURI TO GOVERN: This Agreement shall be construed according to the laws of the State of Missouri. The Developer shall comply with all local, state and federal laws and regulations relating to the performance of the contract. (24) 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 regarding its alleged breach, shall be instituted only in the Circuit Court of Platte County, Missouri. (25) SOLE BENEFICIARY: This Agreement is made for the sole benefit of the parties hereto and nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the Developer and the City. (26) 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. (27) SECTION HEADINGS: All section headings contained in this Agreement are for the convenience of reference only and are not intended to define or limit the scope of any provision of this Agreement. (28) ENTIRE AGREEMENT: This Agreement represents the entire understanding between the parties regarding this subject and supersedes all prior written or oral communications between the parties regarding this subject. -s- 7, .. T `, i ~ . IN WITNESS WHEREOF, the parties have entered into this Agreement on the date last written below. Executed by the City this ,U day of , 20~ Executed by the Developer this~s day of dG-raB6~ , 20 d~ NORTH RIVER HOLDINGS, L.L.C. CITY OF RIVERSIDE _ ®.._~ BY '~. ~~f~ By ~~ Title ~ E ~~2 Title ~~ --I 1 <J~~ ,,, ( ~ ~~ A~r'f~T_ By Title Approved as to Form: Title: G;rtx A_ Pty Ordinance No o20D6-~~D -~- ~.. W.. y 1, .. 7 `. •. ' . Exhibit B Asphalt 11 inches Concrete Curb and Gutter -8- ~.. .. .. 7 .T. 9,218 square yards 3,741 linear feet T i..