HomeMy WebLinkAbout1962 Approving the First Amendment to the MOU with the City of Riverside, Young Real Estate, Red X Imrovement District and the Riverside-Quindaro Bend Levee District BILL NO. 2023-071 ORDINANCE NO. l g6p2.
AN ORDINANCE APPROVING THE FIRST AMENDMENT TO THE MEMORANDUM
OF UNDERSTANDING WITH THE CITY OF RIVERSIDE, YOUNG REAL ESTATE
INVESTMENTS, LLC, THE RIVERSIDE RED X COMMUNITY IMPROVEMENT
DISTRICT, AND THE RIVERSIDE-QUINDARO BEND LEVEE DISTRICT
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 First Amendment to the Memorandum of Understanding with the City,
Young Real Estate Investments, LLC, the Riverside Red X Community Improvement District,
and the Riverside-Quindaro Bend Levee District, in substantially the form attached hereto, and
the Mayor is authorized to execute the First Amendment 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 REMEMBERED 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 ,c s day of�.-c&-i,.la 2023.
6ei-at
yor Kathleen L. ose
ATTEST:
Robin,Kincaid, City Clerk
FIRST AMENDMENT TO MEMORANDUM OF UNDERSTANDING
This FIRST AMENDMENT TO MEMORANDUM OF UNDERSTANDING ("Amend-
ment") is made and entered into this day of 1D&cen6trg._, 2023 (the "Effective Date") by
and between City of Riverside, Missouri ("City"), Young Real Estate Investments, LLC
("Young"), Riverside Red X Community Improvement District("CID"), and the Riverside-Quin-
daro Bend Levee District ("Levee District;" each a"Party," and collectively the, "Parties"), with
respect to the following facts and objectives which are a material part of this Amendment:
WITNESSETH
WHEREAS, the Parties entered into a Memorandum of Understanding dated September 27,
2023 ("MOU"), under which, inter alia, the Parties agreed to share the costs of an engineering
report("Engineering Report"); and
WHEREAS,the Parties desire to clarify that despite any MOU language to the contrary, the
Parties shall share in the Levee District's cost to review, comment on, and deliver comments
thereon to the Engineering Report, as set forth herein, and to make other certain changes to the
MOU as described herein;
AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth in
this Amendment,the Parties agree as follows:
1. ENGINEERING REPORT REVIEW COST SHARE. Section 7 of the MOU is hereby
amended by the addition of the following paragraph to the end of the existing MOU Section
7:
Notwithstanding anything herein to the contrary,the Levee District's costs and expenses for
its review of and comment on the Engineering Report, and its delivery of the same to the
Parties ("Levee District's Engineering Review Cost"), will be billed and paid as follows:
(i) the Levee District shall provide to the City an invoice of the total amount of the Levee
District's Engineering Review Cost,
(ii) the City shall pay and remit to the Levee District 100%of the Levee District's Engi-
neering Review Cost,
(iii) the City will bear 50% of the Levee District's Engineering Review Cost, and the
remaining 50% of the cost will be allocated between the CID and Young. The City
invoice the CID and Young separately for their respective portions,as set forth below,
of the remaining 50%of the Levee District's Engineering Review Cost,
(iv) the CID shall pay and remit to the City 80.1% of the remaining 50% of the Levee
District's Engineering Review Cost, and
(v) Young shall pay and remit to the City 19.9% of the remaining 50% of the Levee
District's Engineering Review Cost.
{33909/70713; 1006453.2 } 1
2. RATIFICATION, AFFIRMATION, AND NO CHANGE. The MOU as amended and ex-
tended by this Amendment shall remain in full force and effect in accordance with all of its
terms and provisions. Except as expressly modified by this Amendment, nothing contained
herein is intended to or shall be deemed to limit, restrict, modify, alter, amend, or otherwise
change in any manner the rights and obligations of the parties under the Agreement.
3. CONFLICT OF TERMS. In the event there is any conflict or inconsistency between the
terms and conditions of the MOU and those of this Amendment,the terms and conditions of
this Amendment shall control and govern.
4. AUTHORITY TO SIGN. Each individual signing this Amendment directly and expressly
warrants that they have been given and received and accepted authority to sign and execute
the Amendment on behalf of the Party for whom it is indicated they have signed, and further
has been expressly given and received and accepted authority to enter into a binding agree-
ment on behalf of such Party with respect to the matters contained herein and as stated herein.
5. ENTIRE AGREEMENT. This Amendment is the entire agreement of the Parties. There are,
and were, no oral representations, warranties, understandings, stipulations, agreements, or
promises pertaining to this Amendment.
[Reminder of Page Intentionally Blank; Signature Page Immediately Follows]
{33909/70713; 1006453.2} 2
IN WITNESS WHEREOF, the Parties have caused this Amendment to be executed as of
the day and year first above written.
CITY OF RIVERSIDE
By:
Name: Kathleen L. Rose
Title: Mayor Date:—IrCe► �i2 5-
1 0 Z�J
RIVERSIDE-QUINDARO BEND LEVEE DIS-
TRICT
By. 4?Vame: Dwtl'7
Title: 6197tir
Date: / Z — / Z �7
YOUNG REAL ESTATE INVESTMENTS, LLC
By:
Name:
Title:
Date:
RIVERSIDE RED X COMMUNITY IMPROVE-
MENT DISTRICT
By:
Name:
Title:
Date:
{33909/70713; 1006453.2} 3
IN WITNESS WHEREOF, the Parties have caused this Amendment to be executed as of
the day and year first above written.
CITY OF RIVERSIDE
By:
Name:Kathleen L.Rose
Title: Mayor
Date:
RIVERSIDE-QUINDARO BEND LEVEE DIS-
TRICT
By:
Name:
Title:
Date:
YOUNG REAL ESTATE STMENTS, LC
By:
Name: C'Lfv \ 1`\v\(
Title: rY CA►1 cACAQ1
Date: 1 1
RIVERSIDE RED X COMMUNITY IMPROVE-
MENT DIS C
Name:
Title: CM \`�MO%'1\
rn
Date: I
{33909/70713;1006453.2} 3
EXHIBIT A
MOU
{33909/70713; 1006453.2} A-1
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding ("MOU") is entered into between the City of
Riverside,Missouri("Riverside"),Young Real Estate Investments, LLC("Young"),the Riverside
Red X Community Improvement District ("CID"), and the Riverside-Quindaro Bend Levee
District("Levee District"). The Effective Date of this MOU is the date that it is last signed by the
parties.In consideration of the mutual covenants and agreements set forth herein,the parties hereby
mutually agree as follows:
I. The purpose of this MOU is to facilitate a comprehensive storm water management
solution in multiple phases (the "Storm Water Management Project") in connection with
anticipated development of the Riverside Red-X Addition final plat(the"Plat").The Storm
Water Management Project will not address the currently undeveloped portion of the Plat,
as future build out could impact conditions and analysis of run off and volume of
stormwater.
2. The following is an image of the Plat:
9 ,
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713 Se9•JebY+(r)
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115 SSe9;13..to�221✓.G)
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owned by Young. Lot 2 (approximately 5.1 acres) is the store's parking lot and is owned
by the CID. Lot 3 (approximately 13.3 acres) is the location of the former Red-X store and
is owned by Young. A detention basin currently exists in the southwestern area of Lot 3
and is maintained by the Levee District("Levee Basin"). A detention basin currently exists
in the northern area along West Platte Road on Lot 3 and is maintained by the City("West
Platte Basin").
4. Riverside, Young, the CID, and the Levee District agree to work together in good-faith to
facilitate the Storm Water Management Project, on the terms and conditions set out in this
MOU and pursuant to anticipated future written agreement(s). The Storm Water
Management Project will involve calculating the necessary detention requirements for Lots
1 and 2 based upon current build-out so that an overall permanent detention plan for the
Plat can be developed now and implemented as development occurs. These calculations
will not address Lot 3 as described above.
5. The parties anticipate, subject to engineering analysis,that the Storm Water Management
Project will involve unburying the existing junction box that the new store's storm water
pipe ties into and expanding the existing Levee Basin around this structure. The new storm
pipe from Red-X will be disconnected from the junction box so the stormwater can flow
into the Levee Basin. The existing junction box would then be converted to an outfall
structure for the Levee Basin. Additional engineering analysis will consider whether
reconfiguration of the Levee Basin and upsizing is necessary based on full build out
conditions and determine if doing the reconfiguration now would make sense or to break
it into phases as development occurs, taking into account available funding mechanisms.
6. The engineering analysis for the Storm Water Management Project shall also consider the
West Platte Basin. Specifically, the analysis shall consider the design and
reconfiguration/relocation of this basin to be incorporated into a larger basin and any
required piping to deliver storm water into a larger configured basin. Current site
conditions establish that the inflow into the West Platte Basin is similar to the outflow of
the basin. Therefore, depending on the solution, a maintenance swale may need to be
established for cleaning sediment between the West Platte Basin pipe and any proposed
downstream pipe. The City will pay the costs related to the design and
reconfiguration/relocation of the West Platte Basin to be incorporated into a larger basin
and any renuired nining to deliver storm water into a larger configured basin.
5600, Storm Drainage Systems & Facilities dated February 16, 2011, and the Storm
Drainage Best Management Practices Manual dated December 2012 ("Standards"). The
City Engineer shall,within 10 days,conduct a review of the engineering report and provide
written review comments. The Levee District shall, within 60 days, conduct a review of
the engineering report and provide written review comments.
8. The parties have received from McClure a cost summary, attached as Exhibit A, for
preparing the engineering report referred to in Section 7. The City's allocated cost will be
$5,385 for study and summary reports and half of the hourly fees, up to an amount not to
exceed$1,480,reflecting the value of engineering services to the City concerning the West
Platte Basin. The CID's allocated cost will be$4,305,subject to available funds, for study
and summary reports and hourly fees, up to an amount not to exceed $1,184, reflecting
the value of engineering services to the CID concerning the portion of the Plat owned by
the CID(Lot 2). Young's allocated cost will be$1,080 for study and summary reports and
hourly fees, up to an amount not to exceed $296, reflecting the value of engineering
services to Young concerning the portion of the Plat owned by Young (limited to Lot 1).
Each of the City, the CID and Young agrees to pay directly to McClure upon invoice for
the amount of each such party's share. In no event will any party be responsible for another
party's share of the engineering report cost.
9. The CID is a political subdivision and Missouri community improvement district
established under Sections 67.1401 et seq., RSMo, as amended (the "CID Act" which has
imposed a 1.0% sales tax (the "CID Sales Tax") for purposes of funding certain
improvements permitted by the CID Act. The only sources of revenue available to the CID
are proceeds of certain Sales Tax Revenue Bonds (Riverside Red X Community
Improvement District Project)Series 2022 issued by the Industrial Development Authority
of Riverside, Missouri (the "Bonds"), to fund eligible public improvements and payable
from the CID Sales Tax. Young acknowledges that the CID is engaging it to perform the
elements of the project funded by the CID funds and accordingly, the provisions of the
Development Agreement dated November 9, 2021 between the CID and Young as
developer, shall apply to the work contemplated by this MOU to be funded by the CID.
10. The engineering report is the initial phase of the Storm Water Management Project
contemplated by this MOU. The parties anticipate the need for a subsequent agreement or
memorandum of understanding to address design and reconfiguration/ relocation of the
West Platte Basin and construction issues related to actually implementing the Storm
11. Additional Provisions.
a. Governing Law. This MOU shall be construed and governed in accordance with
the law of the State of Missouri without giving effect to Missouri's choice of law
provisions.
b. Further Acts. The Parties shall do and perform such other and further acts,and sign
any further documents, as are reasonably necessary so as to effectuate their
intentions as herein expressed, provided that further agreement to implement the
Storm Water Management project shall be expressly approved by each of the
parties independently from this MOU.
c. Waiver. No consent or waiver,express or implied,by any party to this MOU or of
any breach or default by any other party in the performance by such party of its
obligations under this MOU shall be deemed or construed to be a consent or waiver
to or of any other breach or default in the performance by such other party of the
same or any other obligations of such party hereunder. Failure on the part of any
party to complain of any act or failure to act of any of the other parties or to declare
any of the other parties in default, irrespective of how long such failure continues
shall not constitute a waiver by such party of its rights under this MOU. The Parties
reserve the right to waive any term,covenant,or condition of this MOU; provided,
however,such waiver shall be in writing and shall be deemed to constitute a waiver
only as to the matter waived and the Parties reserve the right to exercise any and all
of their rights and remedies under this MOU irrespective of any waiver granted.
d. Modification. This MOU shall not be amended, modified or cancelled except by
written agreement executed by representatives of each of the Parties.
e. Headings; Construction of MOU. The headings of each section of this MOU are
for reference only. Unless the context of this MOU clearly requires otherwise, all
terms and words used herein, regardless of the number and gender in which used,
shall be construed to include any other number, singular or plural, or any other
gender,masculine,feminine or neuter,the same as if such words had been fully and
properly written in that number or gender.
g. Binding Effect. This MOU shall be binding upon the Parties hereto and upon their
respective assigns, transferees and successors in interest, providing none of the
Parties may assign this MOU or the rights or obligations hereunder without the
express written consent of the other parties.
h. Representations. The Parties certify that they have the power and authority to
execute and deliver this MOU, to use the funds as contemplated hereby and to
perform this MOU in accordance with its terms.
i. No Third Party Beneficiary. This MOU is not intended to give or confer any
benefits, rights, privileges, claims, actions or remedies to any person or entity as a
third party beneficiary,decree, or otherwise.
j. Counterpart Signatures. This MOU may be executed in any number of counterparts
and when so executed shall be deemed an original, and all of which together shall
constitute one and the same instrument. Hand signatures transmitted by fax or
electronic mail in portable document format (PDF), or similar format, are also
permitted as binding signatures to this MOU.
IN WITNESS WHEREOF, the parties hereto have caused this MOU to be signed by their
authorized officers.
Young Real Estate Investments,LLC:
ZR11440k..w1
Name: 01 ,
Title: CV1(40K
Date: I at-Q
Riverside Red X Community Improvement District:
Name: c�11�►Q ( h
Title: r tf YYXAdI
Date: CI )a) 1 .
City of Riverside, Missouri:
By:
Kathleen . Rose
Mayor
Dated: ��i}-o-wt Lots,aD.23
ATTESTL. 7
:Robin,Ki• Rcaid, City Clerk
•
SS y -
Riverside-Quindaro Bend Levee District:
B
Presi. nt
Dated: ZOdDLgi� /F
ATTEST:
Secretary
EXHIBIT A
McClure Cost Proposal including Drainage Map
6/2/23,3:09 PM Mail-Richie Benninghoven-Outlook
Red-X--Storm Drainage Scenario's for Detention
Matt Eblen <meblen@mcclurevision.com>
Sat 5/20/2023 9:00 PM
To:Richie Benninghoven <rcb@usckc.com>
Cc:Brian Kemp <bkemp@mcclurevision.com>
R,cme
•
I've put together costs for each of the options we discussed last week in the list below
A Adding additional runoff from the New Red-X site (9 37 act into USACE Detention--$3 885 (this equates to
$775 for the YREI portion and $3 110 for the CID portion within the new Red-X site based on the -20%
80% area breakdown and rounded to the nearest S5 for ease of calculation).
B Adding additional runoff from 'Item A above+ incorporating the volume from the West Platte Basin into
USACE Detention--$3 885
Items A& B will include analysis (confirming additional runoff& volume coming to the USAGE basin and sizing an
outflow structure) along with a schematic of the additional area needed in the USACE Basin to account for volume
needed
Summary Report-$3 000 (FYI—If you want to account for report writing for each of the options A& B above
S3 885 becomes$5 385)
Meetings w/ USACE,levee Distnct/City--$2.960 (hourly)
Total Lump Sum Fees $10 770
Total Hourly Fees S2 960
NOTE In putting these numbers together for the options noted above. I m assuming
a. The USACE Basin must be expanded from its current size to accommodate the add tional runoff and
volume
b The existing condition for Option A noted above is unaeveloped (at the grades that currently exist—this
impacts travel time for runoff to get to the basin
c. The proposed condition for Option A noted above is the current condition.
d The outflow structure will be 1 size in reality but openings will be vaned based on the development currently
in place (Options A or B as noted above)
If you have any questions about the scope or my assumptions please call or email me
Thanks
PS I m on vacation until Tuesday So I can answer any questions from this email that you may have at that time
MATT EBLEN, P.E.`LEED AP
�` new,Ir/rT Ka A.,Ar.rn
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