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HomeMy WebLinkAboutR-2022-100 License Agreement with Amino Bros. Co. Inc. RESOLUTION NO. R—2022-100 A RESOLUTION APPROVING A LICENSE AGREEMENT WITH AMINO BROS. CO., INC. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI, AS FOLLOWS: THAT the Board of Aldermen approves the License Agreement with Amino Bros. Co, Inc., a copy of which is attached in its substantial form, and further authorizes the Mayor to execute the same on the City's behalf; FURTHER THAT the City Administrator and such other officials of the City may execute any other additional documents or take such other actions as are necessary, incidental or expedient to carry out the intent of the agreement approved and the authority granted herein. PASSED. AND ADOPTED by the Board of Aldermen of the City of Riverside, Missouri,the day of S& wan , 2022. Ma or Kathleen L. Rose ATT�T Robin id,C ty Clerk AGREEMENT This Agreement is entered between the City of Riverside,Missouri("City"),and Amino Bros.Co., Inc. ("Contractor"),as follows: I. Licensed Area and Purpose.City hereby grants Contractor a revocable license to use the City's property located at 40 West at Horizons ("Property"), to dispose of excess excavation from the Paseo Gateway Project. Attached is an aerial photograph of the Property, and the area that is the subject of this Agreement is outlined in red (See Exhibit A). Contractor shall stay in fill limits as established by the City Engineer. Contractor shall haul material to fill the drainage ditch eroded on property. Material to be obtained from excess on Paseo Gateway Project. 2. Termination of License. The permission given pursuant to this Agreement may be revoked by the City at its sole discretion for any reason on ten (I0)days' notice. 3. Use Restrictions. Contractor shall use the area that is the subject of this Agreement only for the purposes stated in this Agreement. Contractor shall have a non-exclusive right for ingress and egress, seven(7)days a week,twenty-four(24)hours a day, for the authorized use,which right shall be exercised to not unreasonably interfere with the City's operations. 4. Damage or Destruction. City has no obligation to reimburse Contractor for the loss or damage to fixtures, equipment,or other personal property, except for loss or damage as is caused by the negligence or fault of the City.Contractor may insure its fixtures,equipment or other personal property for its own protection if it so desires.Contractor agrees that City is not responsible for insuring the Contractor's equipment and machinery. 5. Insurance. Contractor shall maintain liability insurance, and name the City as an additional insured and provide proof of same to the City,that is consistent with the following: a. General Commercial Liability Coverage shall be provided in the aggregate amount of not less than$3,000,000 for all claims arising out of a single accident or occurrence and$1,000,000 for any one person in a single accident of occurrence. b. Automobile Liability Coverage shall be provided in the aggregate amount of not less than$3,000,000 for all claims arising out of a single accident or occurrence and$1,000,000 for any one person in a single accident of occurrence. c. Workers' Compensation Insurance in statutory amounts for all their respective employees, and in case any work is sublet,the Contractor shall require any 1 subcontractors to provide Workers' Compensation insurance for all subcontractor's employees, in compliance with Missouri law. 6. Indemnity. Contractor shall indemnify, hold harmless and defend the City and such persons to whom the City is legally responsible,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 Contractor of the City's Property, occasioned wholly or in part by any act or omission of Contractor, its agents, contractors, employees,members,or invitees. 7. Hazardous Materials. Contractor represents and warrants that it will not use, introduce, bring or cause to be brought, allow or suffer to be present on the 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. Contractor 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 respective officers, commissioners, 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. 8. Nature of License. This Agreement only grants to Contractor revocable permission, and nothing herein shall be deemed to grant Contractor an easement, lease, right, title or any other interest in the City's property. 9. Waiver. A waiver by any party of any breach of this Agreement by any other party shall only be in writing. Such a waiver shall not affect the waiving party's rights with respect to any other or further breach or the same kind of breach on another occasion. 10. Severability. If any term or provision of this Agreement is invalid, illegal or unenforceable, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision. I I. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements and negotiations with respect thereto. 2 12. Amendments. This Agreement may be amended only by a written instrument signed by all parties. 13. Governing Law.This Agreement shall be governed by the laws of the State of Missouri. 14. Venue. In the event this Agreement is litigated, venue shall be proper only in the Circuit Court of Platte County, Missouri. 15. Assignment. This Agreement is not assignable or transferable, nor does it run with the land. 16. No Third-Party Rights.This Agreement does not create any third-party benefits. 17. Counterparts.This Agreement may be executed in separate counterparts. 18. Compliance with Laws. Contractor shall comply with all federal, state, and local laws, ordinances, and regulations applicable to the fulfillment of its obligations under this Agreement. Contractor shall secure all licenses, permits, etc. from public and private sources necessary for the fulfillment of its obligations under this Agreement. 19. Jointly Dratted. This Agreement is the joint work product of the parties and, in the event of any ambiguity herein, no inference shall be drawn against a party because of document preparation. 20. Effective Date. This Agreement is effective as of the date last signed by the parties. [Remainder of page intentionally left blank] 3 CITY OF RIVERSIDE, MISSOURI: By: euddy„,0;664,2L, Name: Kathleen L.Rose Title: Mayor n Dated: Ce G- �a� Z-0.�.��-- ATTEST: Robin Kincaid,City Clerk COUNTERSIGNED BY CITY PURCHASING A E • By: Brian :.Koral, ' ity Adminis Dated: 10a 4 AMINO BROS.CO, INC.: • NAME: N . 5.11(vgq TITLE: C O DATED: 6 • Z 5 1 • -717iXt, -la, -5.•••...;•.. '',....A,... , . . . ' •, . •,,,, , •. ••• Iii, ' .‘9, 'r • • •-••••b*•r•'' '.."'‘' • ` '• • • .' - 'Fai•Mit' ierfro ' •• --- • , .., — .. , .* . • -1 „ '‘, 4 0111. , • '. : , t Ntf PA,: :WU,r tti ii. N, 7 t . , ) ....„ ' „ W 1 ' 1- ....z. ...... • ___ e.J ..i : • ,I3 ' F.:_—_ ......_ 1 .. _ ,---" t• • f \ , 1 MIL - '4 " ' vife-s I, • 1- ' ill •1111,1 - 1. T Ittl 'i_ lr I - .. . • \ " 1 —L., i --.„ ..„---11r- 171.11," 1 ? •• j \ t ie --00214-•14,', • ' -..,.. - - ''..- ' ''• ' ''''' - I -- - - . . , .,.P.- - ,.,: :. •-.•-•' v't -.. •-.. . • A 7.,., *.r.. ,,....;As. •.---4ir. ,„.."7 t 1, • 111111MIL 4-,... ' „... - 4..C;k, ••i i 4\ .,, , rr+7' i''' ,- •'''''' • •Y1.40 _ ci r., i . '-le...4.4t4,.v ik 44.. ;;-•p• . •.•, _:...- 'if ' .,••. ••••-•., _.• YT*-'• , .-- • , "' . „ , t ' n b . , . .. e. .' zen. ',.1)`'" %, , •r-' r • • i•; , ,. . , . 4,,,. ... '- l'i. ' ., •' .s: , tike. ' .41? t, ,.i- ° ,,,,‘ '.• * "010`te" l '*".....t.'.., , r . • , . . , _ ,,....„.,,, 1 —, _ , ,,, ....,,... , •... , . i . . _ , -N, /1 . 0... . . 1 , • , • , • --,--) Exhibit A 40 West at Horizons 1 0 .5 1 2 m INN area subject to the agreement m NM qv 250 0 125 250 500 SCALE 1" = 250' ./""."1 AMINBRO-01 StCTt III . A�O CERTIFICATE OF LIABILITY INSURANCE ° Sic/2ATE MMO Y .l THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: if the certificate holder is an AD01T/ONAL INSURED,the policy(la)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,chain policies may require an endorsement. A statement on this certificate does not confer rights to the unitised.holder in lieu of such end ).onements PRODUCER faAO T AssuredPenners PHONE PM 8RA Insurance Agency,LLC ;ILEA*EA*(913)831-1777 RA w:(813)831-4730 4435 Main St. ath Floor thy.Infoesraine.com Kansas City,MO 64111 INSOREMO/MOROINS COVERAGE NAIL* DMUREaA:Vallev Forge Insurance Co. 20508 INSURED INSURER a'American Casualty Co of 29827 Amino Bros.Co.,in. MEUREac:Continental Insurance Company 35289 8110 Kaw Drive INSURER 0;Midwest Builders'Caw Mut.Co 13126 Kansas City,KS 88111 EOWERa•Groat American Insurance Company 16691 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT NTH RESPECT TO WHICH THIS CERTFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR NDEL MUIR POLICY MT POLICY Em Lilt /NEESE INSURANCE u WM. POIICYNUNIER NWEINYYyY1 WINOWnlret LIMITS A A COMMERCIAL GENERAL WNUTY EACHppMA pO�CC}�URRENCE 1'EOO'DDD CLAIMS-MADE n OCCUR CPM8080o3865a 1/10/2022 1/10/2023 PRBMISEBMAamII:VN 100,E _ MED ESP MIN a wwe 15,000 a PERSONAL a AOV INJURY 1,000,000 — �OpTML LIMIT ARMS PER'. GENERAL AGGRE&ATE 2'000'000 POLICY © JECT 1 X I LOC PRODUCTS-LOLPIOP AGO EBL AGGREGATE 2,000,000 DTrIER 2,000,000 B AUTOMOBILELIAaIUTY II` EAWEOSMGIEUMIT 1,000,000 X ANY AUTO BUA6080038868 1/10/2022 1/10/2023 BODILY INJURY Per — OWNED —SCHEOLKED AUTOS�g�p ONLY AUTOSAUT{ yNE BOGS V*UVRY Car=WRFC AIIIUS ONLY — N/TOSONLe rer AeruF C X UMDMMA UAa X OCCUR EACH OCCURRENCE 6,000,000 EXCESS Lua CLAIMS-MADE CUE6080038886 1I10/2022 1H012023 AGGREGATE 5,000,000 DED X RETERPONs 10,000 D WORKERS COMPENSATION X I PER STATUTE I I OTN- ANDEMPLOYERS'WWLITY WCIUO-0003N88-2022A 1/10/2022 1/fo/2023 R 500,000 ANY PROPRIETWNARTNER/EXECU➢VE EL FAGNM.CWFNI OF I�ERaEIM EXCIUCEOI N NIA 500,0011 ILTyyemm^enaY EL DISEASE-EA EMPLOYEE DEBG�ICE OPERATIONS below EL DISEASE-POLICY WAIT 500,000 E Excess Umbrella WE 298550803 1/10/2022 1/10/2023 EXCESS LIAB. 6,000,000 DESCRIPTION OF OPERATIONS/LOGTKKJSIVENCLS(WORD 1O1 Additions!Remarks MhseuN,may M Nb[ME II maw wet is rMMme Re:Project Name: 2022 40th Street Project Prefect No: 421-080 The City of Riverside,Missouri and anyone else required by contract an named as primary,non-contributory additional Insureds Including products 8 completed opendoM as allowed by law excluding workers compensation and employers liability.Waiver of subrogation applies es allowed by Law.30 days' notice of cancellation to certificate holder provided. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CityO/Rhersloe,Missouri THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUUTTHO IIZEO MS PRENTATVE ACORD 25(2016/03) V O 1988-2016 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD