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Home My WebLink About2004-029 - Agreement with Mad Mike's Fireworks Regarding Acquisition of Property Through Eminent Domain,~ ~. BILL N0.2004-29 ORDINANCE N0.2004-29 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BY AND BETWEEN THE CITY OF RIVERSIDE, MISSOURI AND MAD MIKE'S FIREWORKS, LLC, REGARDING THE ACQUISITION OF CERTAIN PROPERTY THROUGH EMINENT DOMAIN AND SETTLEMENT OF MATTERS RELATED THERETO WHEREAS, the City of Riverside, Missouri (the "City") is currently planning the construction of certain roadway improvements and expansions to and of West Platte Road in the City (the "Project"); and WHEREAS, as part of the Project the City desired to acquire the property located at 2300 West Platte Road (the "Property") from the owner, Mad Mike's Fireworks, LLC ("Mad Mike's"); and WHEREAS, the acquisition of the Property was the subject of an eminent domain suit before the Platte County Circuit Court, Case No. 03CV84242, and remains the subject of exceptions filed with regard to the commissioners' award filed in such suit; and WHEREAS, the City and Mad Mike's have reached an agreement regarding acquisition of the Property and the exceptions related thereto. 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 settlement agreement with Mad Mike's Fireworks, LLC, regarding the acquisition of the Property located at 2300 West Platte Road and resolving all actions, including exceptions to a related commissioners' report, related thereto (the "Agreement"). Section 2. The execution and delivery of the Agreement 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 11 force and effect from and after its passage and approval. Passed this ~ day of 2004. Mayor A TE City erk _~. .. , i I 1 L° . , r o ~r T re ..-w- _` , SETTLEMENT AGREEMENT THIS SETTLEMENT AGREEMENT is made and entered into as of the 1st day of April, 2004, by and among the City of Riverside, Missouri, a fourth class city (the "City") and Mad Mike's Fireworks, LLC, a Missouri limited liability company ("Mad Mike's"). WHEREAS, Mad Mike's owns property located at 2300 West Platte Road, Riverside, Missouri (the "Property"); and WHEREAS, the City has initiated a proceeding in condemnation with regard to the Property entitled City of Riverside, Missouri vs. Mad Mike's Fireworks, LLC, Case No. 03CV84242, in the Circuit Court of Platte County, Missouri (the "Eminent Domain Action"); and WHEREAS, the Commissioners' Report has been filed and approved by the Court in the Eminent Domain Action, and such Commissioners' Report assessed the net damages for the taking at $175,000.00 (the "Commissioners' Award"); and WHEREAS, the City has paid the Commissioners' Award into Court and Mad Mike's has drawn down and received such Award; and WHEREAS, Mad Mike's has filed exceptions to the Commissioners' Award claiming that such Award was too low (the "Mad Mike's Exceptions"); and WHEREAS, the City has filed exceptions to the Commissioners' Award claiming that such Award was excessive (the "City Exceptions") WHEREAS, the parties hereto desire a settlement of all possible claims against each other, their attorneys and agents, relating to the Property, the Eminent Domain Action, the Mad Mike's Exceptions and the City Exceptions; NOW, THEREFORE, in consideration of the foregoing and the mutual covenants and promises given pursuant to this Settlement Agreement, the parties hereto hereby agree as follows: 1. The City hereby agrees that within twenty (20) days of the date first written above, it shall pay to Mad Mike's the total amount of Twenty Two Thousand Five Hundred and No/100 Dollars ($22,500.00) in exchange for the consideration described at Sections 4, 5 and 6 hereof. 2. The City hereby agrees that it shall pay all fees and costs billed or invoiced iay Judge Jack E. Gant as mediator of the dispute between the two parties. 1 T i I 11 if.' .. r o n s re 'l. , ;~ 3. The City hereby agrees that upon full execution hereof, it will dismiss, with prejudice, the City Exceptions, and does hereby waive its rights to file any other exceptions. 4. Mad Mike's hereby agrees that upon full execution hereof, it will dismiss, with prejudice, the Mad Mike's Exceptions, and does hereby waive its rights to file any other exceptions. 5. Mad Mike's does hereby agree that it will not and shall not file, seek or pursue relocation assistance or benefits from the City, and does hereby waive its rights to do so. Both parties hereto acknowledge the desire on the part of Mad Mike's to identify a site within the City of Riverside for operation of its business, and the City agrees that the releases set forth herein do not impair the rights of Mad Mike's to operate its business in another location pursuant to applicable laws and regulations. 6. Mad Mike's does hereby fully release, acquit, and discharge the City, its agents, officers, employees, representatives, successors and assigns, from any and all liability, claims, causes of action, suits, debts, bonds, bills, covenants, contracts, damages, punitive damages, judgments, executions, injuries, losses, costs, compensation, attorneys' fees, actions, duties, responsibilities, expenses or demands of any kind whatsoever, in law or in equity, which Mad Mike's or its successors, assigns or members ever had, may have had or may in the future have, known or unknown, foreseen or unforeseen, arising or which may hereafter arise from claims, injuries and/or damages as a result of or in any way connected with the Property or the businesses or actions taking place or which have taken place thereon. 7. The City does hereby fully release, acquit, and discharge Mad Mike's from any and all liability, claims, causes of action, suits, debts, bonds, bills, covenants, contracts, damages, punitive damages, judgments, executions, injuries, losses, costs, compensation, attorneys' fees, actions, duties, responsibilities, expenses or demands of any kind whatsoever, in law or in equity, which the City ever had, may have had or may in the future have, known or unknown, foreseen or unforeseen, arising or which may hereafter arise from claims, injuries and/or damages as a result of or in any way connected with the Property or the businesses or actions taking place or which have taken place thereon prior to the date of this Agreement, except notwithstanding any other pro=, ision of this Agreement to the contrary, nothing in this Agreement shall be construed so as to release, acquit or discharge Mad Mike's in any manner whatsoever from any act which would constitute a violation of Riverside City Code or any criminal statute of the State of Missouri. The parties agree that the City of Riverside has no jurisdiction or authority to release Mad Mike's from any claims brought by any State or Federal agency. The City further states that it is unaware of any City, State or Federal violations on the part of Mad Mike's. 8. This Agreement shall not constitute an admission of liability or fault by any of the parties. 9. The individual executing below on behalf of Mad Mike's hereby represents and warrants that he has full power, authority and right to execute this Agreement on behalf of Mad Mike's, and by his execution Mad Mike's is fully bound and obligated to comply with C:~Documents and SettingsWdministratorU~fy 2 Docwnents~BROWN. WardVvfAD MIICE MANNING CONDEM~INad Mike's Settlement Agreement FINAL version.DOC 1~ ... i ~ ¶ ~. ., r o n a rr .~ each provision hereof. The individual executing below on behalf of the City hereby represents and warrants that s/he has full power, authority and right to execute this Agreement on behalf of the City, and by her/his execution the City is fully bound and obligated to comply with each provision hereof. 10. The parties hereto agree that this Agreement contemplates further actions by each party and that each party shall execute and deliver such further instruments and documents, and shall do such further acts and things, as may be required to carry out the intent and purpose of this Agreement. 11. The releases given by the parties shall not apply to a breach of this Agreement, which shall be fully enforced. All remedies at law or in equity shall be available for the enforcement of any claims arising from the breach of this Agreement. The laws of the State of Missouri shall govern the interpretation and enforcement of this Agreement. 12. The Parties hereto expressly agree that this Agreement supersedes and replaces all other agreements or understandings between the parties and that it constitutes the entire agreement between the parties. The terms and provisions of the Agreement are contractual and not mere recitals. Further, the parties agree that this Agreement may not be modified, changed, or amended in any way except by a written amendment signed by all parties. 13. Neither this Agreement nor the rights and obligations hereunder may be assigned by Mad Mike's without the prior written consent of the City. 14. This Agreement shall be governed by and construed in accordance with the laws of the State of Missouri. 15. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior written and oral and contemporaneous oral agreements and understandings with respect to the subject matter hereof. 16. This Agreement may be executed in multiple counterparts and each execuA;d counterpart shall be deemed an original of this Agreement. 17. The parties agree that this Agreement may be transmitted between them by facsimile machine. The parties intend that faxed signatures constitute original signatures and that a faxed agreement containing the signatures (original or faxed) of all the parties is binding on the parties. IN WITNESS WHEREOF, this Settlement Agreement has been executed the day and year first above written. C:~Docmnents and SettingsWdministrator~[vly 3 Documents~BROWN.WardVvlAD MIICE MANNING CONDEM~Msd Mike's Settlement Agreement FINAL veraion.DOC ~ 7 . 1 I P t' I o 1t T ~~ The City of Riverside, Missouri (the "City") Print Name: tt,~.c. ~ Title: M4N a l2. Mad Mike's Fireworks, LLC ("Mad Mike's") Print Name: ~ ' /~, Title: --,~C,~x~~~l~ C:~Documents end SettingsV~dministmtorlMy 4 Documents~BROWN.Werd~[vIAD MIKE MANNING CONDEMUv1ad Mike's Settlement Agreement FINAL version.DOC .. i I _ ¶ ~.. ,I' ITT ? rr