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HomeMy WebLinkAbout2004-006 - River Trail Construction, Maintenance, and Use Agreement. ;. ~.. BILL N0.2004-06 ORINANCE N0.2004-06 AN ORDINANCE APPROVING THE FORM OF, AND AUTHORIZING THE MAYOR TO COMPLETE AND EXECUTE A RIVER TRAIL CONSTRUCTION, MAINTENANCE & USE AGREEMENT WITH THE RIVERSIDE-QUINDARO BEND LEVEE DISTRICT OF PLATTE COUNTY, MISSOURI AND PLATTE COUNTY, MISSOURI WHEREAS, the City of Riverside, Missouri (the "City"), in cooperation with the Riverside- Quindaro Bend Levee District of Platte County, Missouri, a Missouri statutory levee district ("Levee District") and Platte County, Missouri, afirst-class county ("County"), and several other municipalities, counties and other entities in the Kansas City metropolitan area are engaged in efforts to plan the construction, coordination and operation of a community wide recreational trail system (the "Trail System"); and WHEREAS, the proposal for the Trail System includes the construction and maintenance of a portion thereof on top of the levee intended to protect the City from flooding along the Missouri River and Line Creek and which is a part of the L-385 Levee Project (the "Levee"); and WHEREAS, upon completion of the appropriate sections of the Levee, the City, the County and Levee District desire to arrange for the construction of the portion of the Trail System on top of the Levee and the maintenance thereof; and WHEREAS, the City and the County, with the cooperation of the Levee District, desire to enter into this Agreement to address the duties and responsibilities of the parties hereto with regard to the construction and maintenance of the Levee Trail; and NOW, THEREFORE, be it ordained by the Board of Aldermen of the City of Riverside, Missouri, as follows: Section 1. The City of Riverside shall enter into a River Trail Construction, Maintenance and Use Agreement, such agreement to be substantially in the form attached hereto as Exhibit A, with the Levee District and the County (the "Agreement"). Section 2. The execution and delivery of the Agreement, with such additions and modifications deemed necessary by the Mayor to complete the same, is approved, and the Mayor is authorized to execute the Agreement and to take such other actions reasonably necessary to carry out the intent of this Ordinance on behalf of the City, the execution of the Agreement being conclusive evidence of such approval. Section 3. This Ordinance shall be in full force and effect from and after its passage and approval. Passed this 20th day of January, 2004. ~~~~ Mayor T . .~ y Clerk ~ .~ ., . i 1 l r. i ..t r Tr RIVER TRAIL CONSTRUCTION, MAINTENANCE & USE AGREEMENT THIS AGREEMENT is made and entered into this~Q~ay of 2004, by and between the City of Riverside, Missouri, afourth-class city ("City"), t eRiverside- Quindazo Bend Levee District of Platte County, Missouri, a Missouri statutory levee district ("Levee District") and Platte County, Missouri, afirst-class county ("County"). WHEREAS, the City and the Levee District, in cooperation with other entities, are engaged in construction of a levee intended to protect the City from flooding along the Missouri River and Line Creek, which is a part of the L-385 Levee Project (the "Levee"). WHEREAS, upon completion of the Levee the Levee District will own, operate and maintain the Levee. WHEREAS, municipalities, counties and other entities in the Kansas City metropolitan area are engaged in efforts to establish a recreational trail along the Missouri River and running through multiple areas governed by multiple local governments, a copy of the plans for which, reflecting the related improvements, is attached hereto as Exhibit A (the "River Trail"). WHEREAS, the proposal for the River Trail include the construction and maintenance of a portion of the River Trail on top of the Levee (the "Levee Trail"). WHEREAS, upon completion of the appropriate sections of the Levee, the City, the County and Levee District desire to arrange for the construction of the Levee Trail and the maintenance thereof. WHEREAS, the City and the County, with the cooperation of the Levee District, desire to enter into this Agreement to address the duties and responsibilities of the parties hereto with regazd to the construction and maintenance of the Levee Trail. 1N CONSIDERATION OF the mutual promises, covenants, and agreements herein contained,. the adequacy and sufficiency of which are hereby acknowledged, the parties do mutually promise, covenant and agree to the following: 1. Levee Trail Construction. Upon completion of the appropriate sections of the Levee, such completion to be evidenced by the City's and the County's receipt of written notice of the same from the Levee District, representatives from the City and the County shall inspect the Levee Trail azea of the Levee to determine its fitness for use as a recreational trail. (a) Fit for Use. In the event that the City and the County agree that the Levee Trail, as designed and completed, is fit for use as a recreational trail, each shall execute a notice in writing to such effect (the "Declaration of Fitness"), and, upon written notification .to the Levee District, shall take such actions, subject to the provisions and restrictions of Section 2 below, as are reasonably necessary to ensure that the Levee Trail is connected with and implemented into the River Trail r.~ ,' t t n c r o1 r rr (b) Mod cation Needed. In the event that the City and the County determine that the Levee Trail azea must be modified or altered in order for it to serve as a reasonable recreational trail, the City and County, subject to the provisions and restrictions of Section 2 below, shall engage in the following: (i) The County shall engage an engineering firm or other appropriate firm to: (A) study the Levee Trail and determine which reasonable modifications and alterations aze needed to render the Levee Trail, given the characteristics and design of the other components of the River Trail, useful as a reasonable recreation trail; and (B) design such modified Levee Trail so as not to be in conflict with the U.S. Army Corps of Engineers levee criteria; and (ii) Upon receipt of the design for the modified Levee Trail, and upon acceptance by the City and the County and upon written notification to the Levee District, the County, using appropriate bidding procedures, shall select and engage a construction contractor to build and construct the modified Levee Trail. (c) Agreements for Services. All agreements entered into or made necessary pursuant to this Section 1 shall be executed by the County and shall be subject to the prior approval by the City. The Levee District shall be promptly provided with a copy of any such agreements by the County. 2. Primary Purpose of Levee. (a) The parties hereto agree that, notwithstanding anything to the contrary contained anywhere in this Agreement, the primary purpose of the Levee- is to protect against flooding along the Missouri River- and Line Creek within the Levee District. The parties. hereto further agree that the rights, interests and privileges of the parties hereto, any other sponsors of the River Trail, and the users thereof, aze subordinate and secondary to this primary Levee purpose and the Levee District's rights and interests in promoting that primary purpose, including the Levee Districts efforts to undertake reasonable maintenance, inspection, repair and operation of the Levee. (b) In the event that the Levee District, or any utility in contact with the levee, shall engage, or direct others to engage, in any maintenance, repair, removal or other construction on the Levee, the Levee Trail or the portion thereof identified by the Levee District shall be closed and made unavailable for recreational uses. In the event that any maintenance, repair, removal or other construction undertaken by the Levee District, or a party engaged by it, causes the removal or alteration of any improvements related to the Levee Trail, the Levee District, or any engaged parties, shall use reasonable caze as to not damage the Levee Trail. In the event .that the County, City, or Levee District has need to close the Levee Trail due to construction, maintenance, or other circumstance, they shall notify each of the 2 f 'I i f n 6' '' r i t t rr other parties with a projected time and duration of this closing. The Levee District shall not be responsible for the action required for such closing. 3. Auxiliary Levee Trail Use. The Levee Trail may be used, except where preempted by the primary purpose of the Levee as described in Section 2 above, for recreational purposes by the general public, without charge or fee, and in addition may be advertised or publicized as being available for such use by the parties hereto. The parties hereto agree that the Levee Trail shall not be open to use by motorized vehicles, other than wheelchairs or those authorized in advance by the Levee District. 4. City and County Cost Sharing. (a) Construction: The County shall be responsible for all construction costs associated with the Levee Trail, and shall establish itself as the contact person for all construction service providers, including engineers and contractors under Section 1 above. In addition, the County shall ensure that all invoices, bills or other demands for payment related to construction aze addressed to the County at the County's main offices. (b) Maintenance: The City shall be responsible for all maintenance activities associated with the Levee Trail, and shall establish itself as the contact person for all maintenance providers under Section 5 above. In addition, the City shall ensure that all invoices, bills or other demands for payment related to maintenance aze addressed to the City at the City's main offices. 5. Levee Trail Maintenance. Upon delivery of the Notice of Fitness pursuant to Section 1(a) above, the City, subject to the provisions and restrictions of Section 2 above, shall arrange for and ensure proper and reasonable maintenance and operation of the Levee Trail. All maintenance and operation activities directed and/or engaged in pursuant to this Section 5 shall comply with all requirements and regulations of the U.S. Army Corps of Engineers and the Levee District with respect to the Levee. All agreements entered into or made necessary pursuant to this Section 5 shall be subject to the prior approval of the City and the County. Such maintenance under this Section shall include, without limitation, the following: (a) Mowing: weeds, grasses and vegetation on the top of the levee on both sides of the Levee Trail, and the parking areas serving the same, if any, shall be mowed regulazly, typically in the months of April through September, by the City. (b) Herbicides and Pesticides: The City shall be responsible for herbicide treatment to control weeds on the Levee Trail, but may only apply or have applied pesticides, herbicides, rodenticides, or any other chemicals to the Levee Trail after securing the prior written consent of the Levee District. (c) Trail Surface: The Levee Trail and the pazking azcas serving the same, if any, shall be maintained by the City and inspected periodically for repairs as necessary to keep the trail in a suitable condition for recreational use. Repairs such as crack filling and trail surface replacement shall be completed to keep the trail in a 3 r .~ tr t n c r o r r rr suitable condition. All resurfacing must be pre-approved by and coordinated with the Levee District. (d) Access Points and Gates: The City shall be responsible for the maintenance of all River Trail access points and gates. (e) Trees: No trees are to be planted on or near the Levee Trail without the prior written consent of the Levee District. All trees planted shall be maintained by the City and such maintenance shall consist of watering, insect control, pruning for trail or roadway clearance, and replacement. The City shall be responsible for maintenance of existing trees along the trail and at intersections including removal of broken and downed branches. (f) Trash: The City shall be responsible for trash and debris removal on and near the Levee Trail, and parking areas serving the same, if any, and shall empty -all trash containers on a regular basis. The City shall be responsible for the provision, and repair or replacement, of all trash containers and barrels, and all associated attachments to the trash containers and barrels (poles, stands, etc.) (g) Signs: The County shall provide information and regulatory signs for all trail access points. Other signs may be posted as necessary for directional, informational, or regulatory purposes within the leased area. No sign whatsoever may be posted without the prior written approval of the Levee District as to location relative to the Levee Trail location. The logos of the City, the County, MetroGreen, the Levee District, and/or the Corps of Engineers shall be placed on major signs at each entrance to the Levee Trail. The City shall maintain these signs. (h) Benches: Benches may be provided by the County in selected areas along the Levee Trail and parking areas serving the same, if any, as approved by the Levee District. If benches are provided the City shall be responsible for maintenance and clean-up of the same. 6. Levee Trail Security. All local ordinances and/or laws for the City and the County as applicable to the Levee Trail site within the various jurisdictions will be enforced by the City and the County, as applicable. The City will provide for patrol personnel to patrol the Levee Trail on a periodic and continuous basis to ensure the enforcement of the various rules, regulations, and ordinances. Fire suppression service and any costs related to disposable items expended or used in fire suppression for the Levee Trail shall be provided by the City. 7. Term. The term of this Agreement shall commence as of the date first written above and shall continue until terminated according to the following terms: In the event any party deternnes that any other party is failing to meet it's obligations hereunder, or determines that there is a substantial conflict between the primary purpose of the Levee and the primary purpose of the Levee Trail, such party shall give written notice of such default and/or conflict to the other parties to this Agreement. The notice of default and/or conflict 4 f 'f' i I n ~' r o f r rr shall identify the defaulting party and shall describe the default, and, in the case of a substantial conflict, the written notice shall describe the conflict. In the event of a default, the d®faulting party shall have 180 days from the date of the notice to cure the default. If the alleged defaulting party disagrees with any portion of the default notice or if any party deems the action taken by the defaulting party is inadequate to cure the default, then the parties to this Agreement shall hold a meeting to discuss and attempt to resolve the disagreement. In the case of a substantial conflict between the primary purpose of the Levee and the primary purpose of the Levee Trail, the parties to this Agreement shall have a meeting as promptly as possible following the date of the notice of conflict, but in no event later than 180 days after the date of the notice of conflict, to discuss and attempt to resolve the conflict. If an agreeable solution is not reached after any of the above- described meetings, this Agreement may be terminated by any party by providing a written notice of ternnation to the other parties that this Agreement shall be terminated 90 days following the date of the notice of termination. In the event of the termination of this Agreement, and upon request of the Levee District, the County and the City shall take all necessary actions to remove the Levee Trail improvements from the Levee within 90 days after the date of termination. In connection with any disagreements under Section 7., the parties acknowledge and agree that the primary purpose of the Levee is to protect against flooding along the Missouri River and Line Creek and that the primary purpose of the Levee Trail is recreational use. 8. Insurance. (a) The City and the County each shall secure commercial general liability insurance policies for coverage of the injuries and damage for which they, as political subdivisions, aze legally obligated under Missouri Law. Each policy shall be in the minimum amount of $2,000,000.00, but in no event shall any policy exceed the statutory maximum amount specified in Section 537.610 R.S.Mo. As of the date of this Agreement, to-wit: $2,145,322.00 for all claims arising out of a single occurrence, not to exceed $321,798.00 for any one person in a single accident or occurrence. The insurance policies shall be maintained in force during the term of this Agreement and such insurance policies shall name specifically the Levee District, City and County as additional insured parties. A verified copy of such insurance policy or policies shall be sent to each party hereto, including the Levee District, together with the Certificate(s) of Insurance stating that the policies aze in full force and effect and that the same will not be altered, amended or terminated without ten (10) days prior written notice to the other parties hereto. (b) Notwithstanding anything herein to the contrary, no provision, term, or condition in this agreement shall constitute, or be construed as, a waiver of the defenses of a sovereign immunity, official immunity, or governmental immunity by whatever name as set forth in Section 537.600 R.S.Mo. et seq., for any monetary amount whatsoever, or of any other defenses, howsoever named, that are, or in the future may become, available to the parties by statute or common law. (c) The commercial general liability insurance policies secured under this paragraph 8 shall include endorsements to restrict coverage in a manner as will preserve 5 ~ .~. ~ i n c r o .T r rr fully for the parties, the defenses of sovereign immunity, official immunity, or governmental immunity by whatever name as set forth in Section 537.600 R.S.Mo. et seq., for any monetary amount whatsoever, and any other defenses, howsoever named, that are, or in the future may become, available to the parties by statute or common law. 9. Indemnification. (a) By the City. The City shall defend, indemnify and hold harmless the County and the Levee District, and any of their agencies, officials, officers, or employees from and against damages, liability, claims, fines, allocations, losses, costs, and expenses, including reasonable attorneys fees, arising out of or resulting from any act or omission of the City, its officials, employees, agents, or subcontractors, or others for whom the City is alleged to be legally liable, in connection with the Services or any obligation of the City hereunder. The City shall immediately provide the parties it is indemnifying, in accordance with Section 11, and a copy of any complaint, notice of violation, demand, claim, inspection report, or similar document, alleging that the City is liable or at fault for any reason in connection with the performance of this Agreement. (b) By the County. The County shall defend, indemnify and hold harmless the City and the Levee District for damages, liability, claims, fines, losses, costs, and expenses acts arising from the County's use of, or improvement to, the Levee Trail, but only to the extent of the County's liability under Section 537.600 R.S.Mo. The limited obligation of the County to indemnify the Levee District and City shall not under any circumstance constitute, or be construed as, a waiver of the County's defenses of sovereign immunity, official immunity, or governmental immunity by whatever name as set forth in Section 537.600 R.S.Mo. et seq., for any monetary amount whatsoever, or of any other defenses, howsoever named, that available to the parties by statute or common law. 10. Office and City Liason. Each party hereto shall identify, in writing to the other parties hereto, one employee as its designated liaison with regard to and for purposes of this Agreement. All communications regarding this Agreement and its performance, other than those which require a specific notice pursuant to Section 11 below, shall be directed to such designated liaison. 11. Notice. Any notice, demand, communication, or request required or permitted hereunder shall be in writing, except where otherwise herein designated by telephone, and delivered in person or sent by certified, return receipt requested, via United States mail, or via facsimile transmission, as follows: If to City: City of Riverside 2950 NW Vivion Road Riverside Missouri 64150 Attn: David Blackburn, City Administrator 6 r 'r ~~ l I n ~ t 0 '1 T Phone: (816) 741-3993 Fax: (816) 746-8349 With a copy to: Stephen A. Crystal, Esq. Armstrong Teasdale LLP 2345 Grand Boulevard, Suite 2000 Kansas City, Missouri 64108 Phone: (816) 221-3420 Fax: (816)221-0786 If to County: Platte County, Missouri attention: Parks & Recreation Department 415 Third Street Platte City, MO. 64709 Attn: Brian Nowotny, Director Phone: (816) 858-3419 Fax: (816) 858-1999 With a copy to: R. Michael Gunn Gunn, Shank & Sto_ ver P.C. 9800 N.W. Polo Kansas City, MO 64153 Phone: (816) 454-6600 Fax: (816) 454-3678 If to Levee District: Riverside-Quindaro Bend Levee District Attn: Mike McGinness, Esq. 303 Marshall Road, Suite 1 PO Box 168 Platte City, Missouri 64709 Phone: (816) 858.2630 Fax: (816) 431-5086 Notices shall be effective when received at the address as specified above. Changes in the addresses to ,which notice is to be sent may be made from time-to-time by written notice. Facsimile transmission is acceptable notice, effective when received; however, facsimile transmissions received .(i.e., printed) after 4:30 p.m. or no weekends or holidays, will be deemed received on the next business day. The original items which are transmitted by facsimile equipment must also be mailed as required and provided by this Section. 12. Independence of Agreement. It is understood and agreed that nothing herein contained is intended or should be construed as in any way establishing the relationship of co- partners or a joint venture between any of the parties hereto, or as constituting any party as an agent, representative or employee of the other for any purpose whatsoever. 7 r .~ ~ i ~ n s t o r t tr 13. Non Employee Status. Persons employed by any party hereto shall remain an employee of that specific party, including in the performance of services and functions pursuant to this Agreement. No person employed by any party other than the City shall be considered an employee of the City and shall have no claim to pension, workers' compensation, unemployment compensation, civil service or other employee rights or privileges granted to the City's officers and employees either by operation of law or by the City. 14. Waiver. The failure of the any party to at any time to require performance by another party of any provision hereof shall in no way affect the right of the non-requiring party thereafter to enforce same. No waiver shall be effective unless in writing. Nor shall waiver by the any party of any breach of any provision hereof be taken or held to be a waiver of any succeeding breach of such provision or as a waiver of any provision itself. 15. Laws to,Govern. This Agreement shall be governed by the laws of the State of Missouri, the County of Platte, Missouri, and the City of Riverside, Missouri, both as to interpretation and performance. Any and all legal action necessary to enforce this Agreement will be held in Platte County, Missouri, and the Agreement will be interpreted according to the laws of the State of Missouri. 16. Compliance With Laws. Each party hereto shall conduct its operations and perform its duties under this Agreement in compliance with all applicable Federal, State and local laws, ordinances, orders and regulations. 17. Severability. If any provision of this Agreement shall be declared illegal, void or unenforceable by a court of competent jurisdiction, the other provisions shall not be affected but shall remain in full force and effect. 18. Assignment and Subletting. No party shall make any assignment of this. Agreement or any right or obligation occurring under this Agreement in whole or in part without the express written consent of the all parties hereto. The parties hereto shall have full discretion to approve or deny, with or without cause, any proposed or actual assignment of this Agreement. Any assignment of this Agreement made without the express written consent of all parties hereto shall be null and void and shall be grounds for immediate termination, notwithstanding the termination notice provisions described in Section 7 above. 19. Modification. This Agreement constitutes the entire Agreement and understanding between the parties, and it shall not be considered modified, altered, changed or amended in any respect unless in writing and signed by the parties hereto. 20. Additional Provisions. This Agreement has been negotiated, executed, accepted and entered into in the State of Missouri.. Paragraph headings herein have no legal significance. When the context hereof requires, the use of any gender includes all genders, and the singular includes the plural, and, vice versa. All parties signing in a representative capacity warrant that they have all requisite authority to enter into this Agreement and consummate. the transaction herein contemplated. No inference in favor 8 r •r ~- n c i o -7 r rr of or against any party shall be drawn from such party having been the party to draft any portion hereof. 21. Cooperative Agreement. This Agreement is a cooperative agreement entered into by and among the City, the Levee District, and the County pursuant to Chapter 70 of the Revised Statutes of Missouri to provide common governmental services and has been authorized by a majority vote of the members of governing bodies of each party hereto. A copy of this Agreement will be filed in the Office of the Secretary of State for the State of Missouri and in the Office of the Recorder of Deeds for Platte County, Missouri, by the County. [the remainder of this page intentionally left blank,• signatures begin on the following page] 9 ~ .~. i f n Ti. 0 'i ? I~ IN WITNESS WHEREOF, the Levee District, acting by and through its Board of Supervisors, has authorized this Agreement to be executed the day and year first written above. RIVERSIDE-QUINDARO BEND LEVEE DISTRICT OF PLATTE COUNTY, MISSOURI (the "Levee District") ROBERT GIESEKE, PRESIDENT of the BOARD of SUPERVISORS STATE OF MISSOURI 1 COUNTY OF PLATTE On this ~r of 2004 before me appeared Robert Gieseke, to me personally known, who, g by me d sworn, did say that he is the President of the Boazd of Supervisors of the Riv side-Quindaz Bend Levee District, and that said agreement was signed on behalf of said entity and acknowledged said agreement to be the free act and deed of said entity. „~ IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in the county and state aforesaid, the day and yeaz last written above. Ot LOUiSE F. RUSICK Notary Public -Notary Seal //_ ~ Stote of Missouri oG.p(//~ Piatte County My Commission Expires Aug. 28, 2005 Printed Name ~ ~ , ~" My Commission Expires: ~~,~ ~~0~ 10 ~ .~ i t n ~ r o .T r rr J '• IN WITNESS WHEREOF, the City, acting by and through its Board of Aldermen, has authorized this Agreement to be executed the day and year first written above. CITY OF RIVERSIDE, MISSOURI (the "Cit}~') MAYOR TTY BURCH STATE OF MISSOURI ) COUNTY OF PLATTE ) On this Ci~~of 2004 before me appeared Betty Burch, to me personally known, who, bein me duly orn, did say that she is the Mayor of the City of Riverside, Missouri, and t said agr ement was signed on behalf of said entity and acknowledged said agreement to be the free act and deed of said entity. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in the county and state afores~ad,. the da~anii year last written above. Printed Name My Commission Expires: /~~~~~„~h`' o~d~ a~'~'~ LOUISE F. RUSICK Notary Public -Notary Seal State of Missouri Platte Counfy My Commission Expue> Nuy. 28, 2005 11 r'r '' ~ i n e r or r rr , , ~ IN WITNESS WHEREOF, the County, acting by and through its County Commission, has authorized this Agreement to be executed the day and year first written above. PLATTE COUNTY, MISSOURI (the "County") ATTEST: KROHNE, Y CLERK STATE OF MISSOURI BY: PRESIDING O S ONER, BETTY KNIGHT A ved as to form an legality: C Y COUNS L, MICHAEL GUNK COUNTY OF PLATTE ) On this ~ of 2004 before me appeared Betty Knight, to me personally known, who, being y me duly sworn, did say that she is the Presiding Commissioner of Platte County, Missouri, and that said agreement was signed on behalf of said entity and acknowledged said agreement to be the free act and deed of said entity. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in the county and state aforgsaid, the day and year last written above. jnc>.MaI.Ex Notary Public -Notary Seal STATE OF MISSOURI BUCHANAN COUNTY MY COMMISSION F.XP. FEB. 25,2005 Printed Name My Commission Expires: /J/i),~/~ 12 ~ .r i I 1 G .. I 0 'i T If County Commission Order #07-04 AN ORDER AUTHORIZING THE APPROVAL AND EXECUTION OF A COOPERATIVE AGREEMENT WITH THE CITY OF RIVERSIDE, MLSSOURI AND THE RIVERSIDE-QUINDARO BEND LEVEE DISTRICT FOR USE OF THE L-385 LEVEE AND THE FINANCING, CONSTRUCTION, AND OPERATION OF THE MISSOURI RIVERFRONT TRAIL UPON THE ' LEVEE WHEREAS, on December 21, 2000, the County Commission adopted the Northland Trails Vision Plan (NTVP) as recommended by the Platte County Boazd of Pazk Commissioners; and WHEREAS, the NTVP designated certain locations as "priority corridors" for the location and construction of trail routes; and WHEREAS, one such priority corridor is commonly referred to as the "Missouri River&ont Trail", which includes sections within the city limits of Riverside, Missouri, and the L-385 Levee District; and WHEREAS, the County of Platte, the City of Riverside, and the Riverside-Quindazo Bend Levee District wish to work together for mutual public benefit for the financing, development, and operation of the portion of the Missouri River&ont Trail located on the L-385 Levee, NOW, THEREFORE, IT IS HEREBY ORDERED by the Platte County Commission as follows: Section 1. The County is hereby authorized to enter into a Cooperative Agreement with the City of Riverside, Missouri and the Riverside-Quindaro Bend Levee District for the purpose of allocating the responsibilities for the financing, construction, and operation of the portions of the Missouri Riverfront Trail located on the L-385 Levee. Section 2. The Presiding Commissioner and the County Clerk are hereby authorized to execute the Cooperative Agreement with the City of Riverside and the Riverside-Quindaro Bend Levee District in substantially the form of the proposed Cooperative Agreement attached hereto. Section 3. This Order shall be effective immediately upon passage. DONE thi~~y of January, 2004, at Platte City, Missouri. PLATTE COUNTY COMMISSION Betty Knight Presiding Co: Michael L. Short 1°`District stoner ~~/ _ /i O Y l: I ~.~._. i i STATEMENT OF COVERAGE MEMBER AGENCY INTERESTED PARTY Riverside'City of Riverside-Quindaro Bend Levee District 2950 N.W. Vivion Road Attn: Mike McGinness, Esq. Riverside, MO 64150 303 Marshall Rd, Ste. 1 P.O. Box 168 Platte Clty, MO 64079 Memorandum Coverage Period: 12:01 a.m. January 1, 2008 to 12:01 a.m. January 1, 2009 1i/,; _. Memorandum Number: 1002 GENERAL LIABILITY - $2,000,000 PER OCCURENCE Comprehensive Form including: Premises and Operations o Contractual a Broatl Form Property Damage ' o Garage Liability o Owned, Non-Owned or Hired Automobiles o Underground, Explosion and Collapse Hazards o Products/Completed Operations o Nurses' Malpractice Liability Public Officials Errors and Omissions o Personal Injury THE INTERESTED PARTY SHOWNRBOVE IS INCLUDED AS: Add'I Covered Party DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS: But only with respect to the activi0es for or on behalf of the Member Agency as set forth in the Missouri Rivedront Tra1I agreement. Should the above described memorandum be cancelled before the expiration date thereof, MOPERM will endeavor to mail written notice to the Interested Party shown above, but failure to mail such notice shall impose no obligation or liability of any kind upon MOPERM or its representatives. Issued by Missouri Public Entity Risk Management Fund (MOPERM), 3425 Constitution Court, 3rd Floor, P.O. Box 7110, Jefferson City, MO 65102. t Date: Ocio6er 10, 2008 M602A (Ed. 1-00)