The URL can be used to link to this page

Home My WebLink About2004-069 - Termination of Stop Log Structure Agreement.~, . ~'` BILL N0.2004-69 ORDINANCE N0.2004-69 AN ORDINANCE APPROVING THE TERMINATION OF THE STOP LOG STRUCTURE AGREEMENT BETWEEN THE CITY AND THE LEVEE DISTRICT, REQUESTING THE LEVEE DISTRICT TO TERMINATE THE MEMORANDUM OF AGREEMENT RELATING TO THE STOP LOG STRUCTURE WITH THE CORPS, AND AUTHORIZING THE MAYOR TO EXECUTE A MUTUAL TERMINATION AGREEMENT BETWEEN THE CITY AND THE LEVEE DISTRICT AND ACTIONS RELATING THERETO. WHEREAS, the Riverside-Quindaro Bend Levee District of Platte County, Missouri ("Levee District") and the Department of the Army ("Corps") entered into a Project Cooperation Agreement ("PCA") dated September 23, 1997, for the construction of the Levee Project; and WHEREAS, the contract for construction of the Levee Project originally provided for a floodwall and related improvements across W. Platte Road at the bridge over Line Creek at approximately Riverside Station 19+00 ("Floodwall") in the City of Riverside, Missouri ("City"); and WHEREAS, the City previously entered into an agreement with the Levee District pursuant to Ordinance No. 2003-123 ("Stop Log Structure Agreement") to provide that in lieu of the Floodwall, a stop log structure and related improvements ("Stop Log Structure") be constructed, at the sole cost of the City; and WHEREAS, the Levee District, as authorized by the Stop Log Structure Agreement, entered into a Memorandum of Agreement providing for the deletion of the Floodwall from the Corps construction contract ("Corp Contract") and the addition of the Stop Log Structure ("MOA"); and WHEREAS, the City, after receiving revised cost information for the Stop Log Structure and the additional work of the bridge piers has determined that it is in the best interest of the City for such work to not be constructed; and NOW, THEREFORE, be it ordained by the Board of Aldermen of the City of Riverside, Missouri, as follows: Section 1. The City approves the termination of the Stop Log Structure Agreement and requests the Levee District to terminate the MOA pursuant to its terms. Section 2. The Mutual Termination Agreement, such agreement to be substantially in the form a ttached a s E xhibit A, i s a pproved a nd t he M ayor i s authorized t o e xecute t he M utual Termination and such other documents, and take such other actions, reasonably necessary or desirable to carry out the intent of this Ordinance and the Mutual Termination Agreement, all on behalf o f t he C ity, t he a xecution o f t he M utual T ermination A greement and o ther d ocuments being conclusive evidence of such approval. Section 3. This Ordinance shall be in full force and effect from and after its passage and approval. ,~ .r .. 7 i n ~, .. t t. f 7 t~' .,~ ~ ',~` Passed and approved this ~~ day of July, 2004. /! A TES ,f City Clerk C:V)ocuments and SettingsUrusickV.ocal Servings\Temporary Internet Filet\(11.K26\(1RAINA_0 n(1(: Mayor ,r -r z ~ ~ ~ .. I ~ .1 T t~• .~ -~ EXHIBIT A MUTUAL TERMINATION AGREEMENT This Mutual Termination Agreement is entered into as o , 2004 between the City of Riverside, Missouri ("City") and the Riverside Quindar en evee District of Platte County, Missouri ("Levee District") in connection with the Sto Log Structure Agreement between the City and the Levee District dated as of December 18, 2003 ("Stop Log Structure Agreement"). WHEREAS, the contract for construction of the Levee Project originally provided for a floodwall and related improvements across W. Platte Road at the bridge over Line Creek at approximately Riverside Station 19+00 ("Floodwall") in the City of Riverside, Missouri ("City"); and WHEREAS, the City entered into the Stop Log Structure Agreement pursuant to Ordinance No. 2003-~ to provide that in lieu of the Floodwall, a stop log structure and related improvements ("Stop Log Structure") be constructed, at the sole cost of the City; and WHEREAS, the Levee District, as authorized by the Stop Log Structure Agreement, entered into a Memorandum of Agreement providing for the deletion of the Floodwall from the Corps construction contract ("Corp Contract") and the addition of the Stop Log Structure ("MOA"); and WHEREAS, the City, after receiving revised cost information for the Stop Log Structure and the additional work of the bridge piers has determined that it is in the best interest of the City for such work to not be constructed; and WHEREAS, the City desires to terminate the Stop Log Structure Agreement and to request the Levee District to terminate the MOA. NOW THEREFORE, in consideration of the mutual premises and covenants set forth herein, the parties agree as follows: 1. Termination of MOA. The City hereby regests the Levee District to terminate the MOA. 2. Termination of Ston Loe Structure Agreement. The parties agree to terminate the Stop Log Structure Agreement as of the date hereof. The City's obligations to fulfill all of the obligations of the Local Sponsor under the MOA shall extend to all costs and expenses incurred by the Levee District as a result of termination of the MOA, and shall survive termination of the Stop Log Structure Agreement. 3. Return of Remaining MOA Funds. The City had previously transferred funds to the Levee District which were immediately transferred to the Corps pursuant to the Stop Log Structure Agreement and the MOA ("MOA Funds"). The MOA Funds are now held by the Corps pursuant to the MOA. The Levee District agrees to immediately return to the City any and all MOA Funds that the Levee District receives back from the Corps. The Levee District agrees to request that the Corps provide a complete itemization and copies of all supporting ,G .>r ~ i - - L ~ I t . r 7 rr documentation for any MOA Funds not returned by the Corps and any other cost or expense claimed by the Corps or any other person or entity in connection with the Stop Log Structure Agreement, the MOA, or the termination of the Stop Log Structure Agreement and the MOA. 4. Additional Actions. Both parties agree to execute such further documents and take such further actions necessary or desirable to implement this Agreement. C:V)ocumeots and SettingsVrusickU.ocal Settings\Tempowry Internet Filra\nI.K~F\(1RT)INA-i I1f1f: ,~ .t .. , t a n ¢ .. ~ ~ . t 7 l~. r _y • IN WITNESS WHEREOF, the parties execute this Mutual Termination Agreement the date first set forth above. "CITY" Attest: CTfY OF RIVERSIDE, MISSOURI [seal] By; • Betty Burch ayor Ci Clerk "LEVEE DISTRICT" Attest: RIVERSIDE QUINDARO BEND LEVEE DISTRICT OF PLATTE COUNTY, MISSOURI [seal] Phil Snowden, Secretary Robert Gieseke, President C:\Documents and SettingaUrusick\Local Settings\Tempmary Internet Files\f)i%2fi\nRpTNA-4 TK1r -.. ~ 1.1 T ,p.