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Home My WebLink About1730 Authorizing Storage Space with Riverside-Quindaro Bend Levee at Public Works BILL NO. 2020-029 ORDINANCE NO. i13D AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A STORAGE SPACE AGREEMENT WITH RIVERSIDE-QUINDARO BEND LEVEE DISTRICT OF PLATTE COUNTY, MISSOURI BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI AS FOLLOWS: SECTION 1 — APPROVAL OF AGREEMENT. That the Riverside Board of Aldermen hereby approves the Storage Space Agreement by and between the City and Riverside-Quindaro Bend Levee District of Platte County, Missouri, in substantially the form attached hereto, and the Mayor is authorized to execute the Agreement on behalf of the City. SECTION 2 — GRANT OF FURTHER AUTHORITY. The Mayor, the City Administrator, 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 may be necessary or convenient to perform all matters herein authorized. SECTION 3 — EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage and approval. BE IT REMBERED that the above was read two times by heading only, PASSED AND APPROVED by a majority of the Board of Aldermen and APPROVED by the Mayor of the City of Riverside this day of IA 2020. — U O Mayor Kathleen L. Rose ATTEST: Robin Kincaid, City Clerk r 1 RIVERSIDE-QUINDARO BEND LEVEE DISTRICT P. O. BOX 168 PLATTE CITY, MISSOURI 64079 816-587-1125 June 19, 2020 City of Riverside Attn: Brian Koral, City Administrator 2950 N.W. Vivion Road Riverside, MO 64150 In re: Storage Space Letter of Agreement Dear Mr. Koral, This letter is being sent following discussions between representatives of the City of Riverside and the Riverside-Quindaro Bend Levee District about the Levee District storing some equipment and other property items in a City owned building. Both the City and the Levee District agree that it would be beneficial to have the basic terms of the Agreement put in writing. The basic terms of the Agreement are as follows: 1. The City will allow the Levee District to store its equipment and property items in the building owned by the City which was formerly known as the Kitterman building located at 4200 NW Riverside Street, Riverside, Missouri. The area within the building which the Levee District may use for storage space contains approximately 600 square feet, more or less, and is identified on Exhibit "A" attached hereto and made a part hereof. The Levee District shall not remove, damage or alter in any way any existing improvements or property of the City. The Levee District shall use the area that is the subject of this Agreement only for the purposes stated in this Agreement. 2. The Levee District and its duly authorized employees will have access to the storage space provided that i) such employees are accompanied at all times by a City employee, and ii) such access shall be exercised to not unreasonably interfere with the City's operations. The Levee District shall not be provided keys to the building or other access codes to City property. 3. The Levee District shall insure its property stored in the storage space against casualty loss, theft, vandalism and other similar types of loss. The City has no obligation to reimburse the Levee District for the loss or damage to the Levee's District's equipment or other property as a result of any reason whatsoever. The City will permit the Levee District to use the storage space at no cost or expense to the Levee District. As partial consideration of using the storage space, the Levee District will add the City as an additional insured on the Levee District's liability insurance policy and will deliver a Certificate of Insurance to the City at the time the use of the storage space begins and thereafter as the Levee District's insurance policy renews. i i 1 4. The Levee District shall indemnify, hold harmless and defend the City, its officers, employees, and agents, 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 the Levee District of the City's building, occasioned wholly or in part by any act or omission of the Levee District, its agents, contractors, employees, members, or invitees. 5. The Levee District's use of the storage space may be terminated by the City by giving the Levee District a written notice of termination at least 30 days prior to the termination date. The Levee District may terminate its use of the storage space by providing the City with a written notice of termination at least 30 days prior to the date of termination. In the event either party provides the other with a termination notice, the Levee District agrees to remove all of its property and other items from the storage space prior to the termination date and return possession of the storage space to the City in a condition which is the same or similar to the condition of the storage space at the beginning of the Levee District's use of the storage space. 6. The Levee District represents and warrants that it will not use, introduce,bring or cause to be brought, allow or suffer to be present on the City's property, any products, substances, pollutants or materials defined as hazardous, toxic or subject to regulation as such by law without the prior written consent of the City which may be granted or withheld in its the sole and absolute discretion. The Levee District shall be solely liable and responsible for bodily injuries to any person, including death, or for any property damages to any person or entity, including the City, of any kind, including any spills, releases, pollution or other damage to the environment caused by or related in any way to its use, possession or control of such hazardous or toxic materials,and in addition to any other indemnification contained in this Agreement,hereby agrees to indemnify, defend and hold harmless the City, its officers, employees and agents, from and against any related loss, payment or liability, including without limitation all costs, expenses or penalties assessed or imposed by any governmental agency or entity. 7. The parties agree that this Agreement only grants to the Levee District revocable permission (subject to the notice provision contained in section 5), and nothing herein shall be deemed to grant the Levee District an easement, lease,right, title or any other interest in the City's property. 8. This Agreement is not assignable or transferable,nor does it run with the land. This Agreement does not create any third-party beneficiaries. 9. The effective date of this Agreement shall be the date upon which the City Representative executes this Letter of Agreement. If the terms and provisions set forth above are acceptable to the City, please indicate the City's approval by signing in the space set forth below. Please contact me if there are any questions or needed revisions to the terms and provisions for the Levee District's use of the storage space. Thank you. i If the terns and provisions set forth above are acceptable to the City, please indicate the City's approval by signing in the space set forth below.Please contact me if there are any questions or needed revisions to the terms and provisions for the Levee District's use of the storage space. Thank you. Very Truly Yours, Michael McGinness Levee District Attorney Accepted and approved: Xf6��Kathleen L. Rose Mayor Date: 2020 A 1 i 9 3 ' a If the terms and provisions set forth above are acceptable to the City, please indicate the City's approval by signing in the space set forth below.Please contact me if there are any questions or needed revisions to the terms and provisions for the Levee District's use of the storage space. Thank you. Very Truly Yours, Michael McGinness Levee District Attorney Accepted and approved: 1 Kathleen L. Rose Mayor s Date: 12020 f 1 r x t i 's v