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HomeMy WebLinkAboutR-2024-106_Authorizing_Approval_of_Reimbursement_Agreement_w_Magellan_Pipeline_Company_for_LiveNatioRESOLUTION NO. R-2024-106 A RESOLUTION AUTHORIZING APPROVAL OF THE REIMBURSEMENT AGREEMENT WITH MAGELLAN PIPELINE COMPANY FOR THE LIVENATION PROJECT BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI AS FOLLOWS: THAT the Riverside Board of Aldermen hereby approves the attached Reimbursement Agreement with Magellan Pipeline Company, LP, and authorizes the Mayor to sign on the City's behalf; and FURTHER THAT 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 Resolution 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; and FURTHER THAT this Resolution shall be in full force and effect from and after its passage and approval. ADOPTED AND PASSED this 20th day of Aug. 2024. Kathleen L. Rose Mayor Kathleen L. Rose ATTEST: Robin Kincid; City Clerk REIMBURSEMENT AGREEMENT This Reimbu sement Agreement ("Agreement") is made and entered into and effective this 20th day of August 2024, by and between Magellan Pipeline Company, LP, a Delaware limited partnersh ("Magellan"),whose mailing address is One Williams Center,Attn:Real Estate Services,MD OTC-9,Tulsa, Oklahoma, 74172, and The City of Riverside, Missouri,a Municipal Corporation of the State of Missouri, ("Reimburser")whose mailing address is 2990 N.W. Vivion Road, Riverside, MO 64150. Magellan and Reimburser are referred to as "Party" and "Parties" herein. WITNESSETH: WHEREAS, Magellan is the owner of certain pipeline(s) and appurtenances (collectively Facilities")and related easement rights by virtue of certain right-of-way and easement agreements recorded in Platte County, State of Missouri as more fully described in attached Exhibit"A". WHEREAS, Reimburser represents and warrants that Reimburser is the fee owner of the certain land, identified as Parcel No. 23-3.0-07-000-000-009.000 lying within the NE/4 of Section 7, Township 50, Range 33, Platte County, Missouri, being obtained through Condemnation Case 99CV82064 in April of 2001, and a tract of land identified as Parcel No. 23-3.0-07-000-000- 016.000 lying within the W/2 of the SE/4 of Section 7, Township 50, Range 33, Platte County, Missouri, per the Special Warranty Deed dated August 29th, 2012 and filed of record on August 31, 2023 in Book 1196 at Page 792 within the Platte County Deed Records, (herein"Property"). WHEREAS, Reimburser desires to improve, alter and/or develop the above-described Property for the purpose(s) described and shown in attached Exhibit`B" (herein "Project"). WHEREAS, Reimburser desires that Magellan accommodate the proposed Project by consenting to easement encroachment(s)and/or performing certain work on or in connection with Magellan's Facilities, as such work is described in attached Exhibit"C" (herein "Work"). WHEREAS, Magellan,under the terms and conditions herein, is willing to evaluate the proposed Project and existing easement(s), and to perform the Work to accommodate the proposed Project, subject to Reimburser's agreement to reimburse Magellan for all costs incurred by Magellan in connection with its evaluation and performance of the Work. NOW, THEREFORE, in consideration of the promises and mutual covenants herein contained, the parties agree as follows: 1.Scope of Project Reimburser warrants that the scope of Project(as reflected in Exhibit`B") and the other attached Exhibits contain a complete representation of the Work requested of Magellan to accommodate the proposed Project. Reimbursement Agreement Rev 05Jan2021 —Tract 6490-PL-5&6,Platte County,MO- Agent TLC -Project 2-627 2.Performance of Magellan's Work Following the execution of this Agreement and Magellan's receipt of the deposit described in Section 5 below, Magellan will complete its evaluation of the proposed Project and upon receipt of all necessary authorizations,permits,rights of way and surveys required in section 3 below,will proceed with the Work. 3.Performance of Work and Permitting It is the responsibility of Reimburser to apply for and acquire any necessary Wetlands, Corps of Engineers, or other Federal, State, County,or City approvals or permitting required for the Work. However, Magellan will cooperate with Reimburser as reasonably necessary to obtain such permits. Reimburser will provide all survey and construction drawings required by Magellan to complete the Work. 4.Inspection Reimburser, at its own expense, shall be solely responsible to inspect the Work to assure that it is in full compliance with the permits and approvals required pursuant to Section 3 above and with the terms of this Agreement. 5.Costs of Project Accommodation 5.1 Simultaneous with the execution and delivery of this Agreement,Reimburser shall provide to Magellan a deposit in the amount of $287,530.00 as a cost advance to cover Magellan's estimated cost of the Work. Such cost estimate will not limit Reimburser's obligation for the total costs finally incurred hereunder. Magellan will provide Reimburser with additional estimates of any material differences in expected total costs estimated by Magellan to be incurred for the Work. 5.2 Reimburser will bear all costs actually sustained or incurred by Magellan in connection with the Work, including without limitation, labor, materials, construction damages, contractors' fees, administrative overhead, profits, taxes, engineering fees, legal fees, right of way acquisition costs and document research and preparation fees. Reimburser acknowledges that Magellan may use one or more contractors to perform the Work. All of the foregoing are collectively referred to hereafter as the"Costs." 6.Final Accounting 6.1 Within 120 days after the completion of the Work, Magellan will make a final accounting of the Costs and provide Reimburser an invoice of the same reflecting a credit for any advances made by Reimburser. If the final accounting reflects that the sum of the advances deposited by Reimburser hereunder exceeds the Costs, Magellan will refund such excess with the final accounting invoice. Payment of Magellan's invoice is due within thirty (30) days after receipt. Full payment of such invoice shall be a condition precedent to the right to exercise the audit rights provided in Section 6.2 below. 6.2 Should the total Costs exceed the sum of the estimate(s) and full payment of Magellan's invoice has been made pursuant to Section 6.1,Reimburser shall be entitled to conduct Reimbursement Agreement Rev 05Jan2021 —Tract 6490-PL-5&6,Platte County,MO- Agent TLC -Project 2-627 an audit of the Costs. Such audit must be completed within sixty (60) days of the receipt of Magellan's final accounting. If the audit reveals unsupported charge(s), Reimburser shall provide Magellan with a copy of the audit and Magellan will have thirty (30) days to provide supporting documentation for the disputed charge(s).Magellan will write off any disputed charge(s)for which it fails or is unable to provide supporting documentation, will provide written notice of same to, and reimburse Reimburser for, such charges. 7.Performance of Operations The Parties will perform all operations and construction activity above or adjacent to the Facilities in a workmanlike and safe manner, in conformance with applicable industry and governmental standards, and with such conditions as may be imposed by Magellan from time to time. All construction activity by Reimburser performed over, across, or adjacent to the Facilities shall not commence until Magellan's Work has been completed. 8. Notice Exclusive of Saturday, Sunday and legal holidays, notice shall be given to Magellan (and to the appropriate"One-Call" system)by Reimburser, at least 48 hours in advance of commencement of any construction activity on or adjacent to the Facilities, excepting only emergencies. Such notice shall be given to Magellan by telephone and concurrent email as follows: Magellan Contact: Pat Comer Phone: (816) 289-1788 Email: Pat.Comer@oneok.com 9.Indemnification TO THE FULLEST EXTENT ALLOWED BY LAW, REIMBURSER SHALL INDEMNIFY,DEFEND AND HOLD HARMLESS,MAGELLAN AND ITS AFFILIATES, AND ITS AND THEIR PARTNERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES AND AGENTS (COLLECTIVELY, "MAGELLAN PARTIES") FROM ANY AND ALL INJURIES TO ANY PERSON,INLCUDING DEATH, AND DAMAGES TO PROPERTY INCLUDING ENVIRONMENTAL AND NON- ENVIRONMENTAL LIABILITIES,LOSSES,DAMAGES, FINES,PENALTIES,COSTS, EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES), CLAIMS, DEMANDS, CAUSES OF ACTION, SUITS AND ADMINISTRATIVE PROCEEDINGS (TOGETHER "CLAIMS") WHICH RESULT FROM OR ARISE, DIRECTLY OR INDIRECTLY, OUT OF MAGELLAN'S WORK PERFORMED PURSUANT TO THIS AGREEMENT (EXCEPT TO THE EXTENT CAUSED BY MAGELLAN'S SOLE NEGLIGENCE OR WILLFUL MISCONDUCT), OR FROM REIMBURSER'S BREACH OF THIS AGREEMENT.NOTHING IN THE AGREEMENT SHALL CONSTITUTE OR BE CONSTRUED OR DEEMED TO CONSTITUTE A WAIVER OF THE CITY'S SOVEREIGN IMMUNITY OR THE APPLICATION OF THE MISSOURI GOVERNMENT TORT CLAIMS ACT. 10. Insurance. In addition to, and without limitation of the indemnity obligations set forth in Section 9 above, Reimburser shall obtain and maintain, in full force and effect during the entirety Reimbursement Agreement Rev 05Jan2021—Tract 6490-PL-5&6,Platte County,MO- Agent TLC -Project 2-627 of the Project and the Work, at a minimum, the following insurance coverage and any other insurance as may be specifically requested in a Request for Service: a.Workers' Compensation insurance, including, without limitation, statutory workers' compensation, covering all of such Reimburser's and such Reimburser's Affiliates' employees providing services related to or arising from the Project, and as may be required by applicable law, and Employer's liability insurance with minimum limits of not less than$1,000,000 per person per accident. The term"Workers' Compensation" as used herein includes that which is required under any applicable law governing the Project or the Work by such Reimburser or Contractor. b.If either the Project or the Work involves any employment on or adjacent to navigable waterways, Reimburser shall procure coverage for claims that could arise under the United States Longshoremen's and Harbor Worker's Law(USL&H)and the Jones Act, with a liability limit of not less than$1,000,000 per occurrence. c.Commercial Automobile Liability insurance covering owned, non-owned and hired vehicles with a combined single limit of no less than$5,000,000 per accident for bodily injury and property damage. If applicable to either the Project or the Work, the Commercial Automobile Liability insurance shall include the following endorsements: MCS-90 (Motor Carrier Act of 1980) and CA-9948 (Pollution Liability Broadened Coverage for Covered Autos) or equivalent. d. Commercial General Liability insurance with limits no less than $5,000,000 per occurrence and $5,000,000 in the aggregate covering bodily injury and property damage.The additional insured endorsement must be ISO Form CG 20 10 11 85 (Form B) or its equivalent with no limitation as to the time period for coverage other than your work." Watercraft liability should be included when applicable. e.Contractors Pollution Liability covering losses caused by pollution conditions that arise from the Project with available limits of not less than$5,000,000 per claim. f.If either the Project or the Work involves the use of unmanned aircraft systems drones), Reimburser shall strictly adhere to the Federal Aviation Administration FAA) rules Part 107 for commercial drone operations. Reimburser shall provide documentation that the Operator of the drone is registered with the FAA and has a remote-pilot-in-command license. Reimburser shall provide Magellan with the appropriate UAS Liability Insurance, including premises liability and personal injury, with a combined bodily injury and property damage liability limit of not less than 5,000,000 per occurrence. g.If either the Project or the Work involves the handling of, removal of or disposal of asbestos, Reimburser shall procure Asbestos Abatement Liability insurance with limits of no less than$1,000,000 per occurrence. Such insurance shall include all operations associated with hazardous removal and shall be written on an occurrence form. If coverage is provided under the General Liability policy,the policy must be specifically endorsed to provide asbestos abatement coverage. h.If either the Project or the Work involves professional services, Reimburser shall procure Professional Liability insurance covering losses resulting from errors and omissions in performing the professional services with available limits of not less than 1,000,000 per claim. Reimbursement Agreement Rev 05Jan2021 —Tract 6490-PL-5&6,Platte County,MO- Agent TLC -Project 2-627 Insurance limits may be met by any combination of primary and umbrella or excess policies. All insurance policies required herein (except the Workers' Compensation and Professional Liability policies), and where permissible by law, shall name Magellan,its affiliates, parents,partners,members, successors and assigns, and its and their respective officers, directors, employees, agents, and other representatives. ("Magellan Group") as additional insured. All insurance policies as required herein, and where permissible by law, shall include waiver of subrogation against Magellan Group. The insurance coverage required shall apply as primary insurance with respect to any other insurance or self-insurance programs maintained by Magellan Group. All deductibles and retentions carried by Reimburser are the sole responsibility of Reimburser and will not be borne by Magellan Group. Reimburser will require each of its contractors to obtain adequate and reasonable insurance for the work performed. Any deficiency in the coverage, policy limits, or endorsements of said contractor will be the sole responsibility of Reimburser. These are minimum requirements and will not be construed to limit Reimburser's liability. Notwithstanding the foregoing, Magellan shall have the right to require additional insurance policies and coverage to be obtained and maintained for the Project and the Work. Reimburser shall provide Magellan with satisfactory certificates showing evidence of the required insurance coverage as of the effective date of the Request for Services prior to commencing the Project. The cost of the required insurance will be borne by Reimburser. Should Reimburser's insurance policy terminate or expire during the course of the Project or the Work, Magellan shall have the right to immediately suspend the Project and the Work. Reimburser shall deliver to Magellan any insurance or indemnity proceeds received by Reimburser from a Contractor;provided,however,that Reimburser shall not be required to deliver to Magellan any insurance or indemnity proceeds received in respect to costs borne solely by Reimburser. With respect to the Project, Reimburser's Lessee or Lessee's Contractor may provide the insurance required in this Agreement in lieu of the Reimburser doing so provided that Reimburser's Lessee contractually requires its Contractor to include the additional insured,waiver of subrogation and primary and non-contributory insurance endorsements in favor of Magellan Pipeline Company, L.P. as required above. 11. Force Majeure Magellan shall not be liable for any losses or damages due to delay or failure to perform its obligations in this Agreement if such delay or failure(a)is caused by circumstances that are beyond its reasonable control, (b) is unavoidable or (c) makes performance impossible or impracticable. Such circumstances shall include, without limitation, acts of God, acts of war, riots, strikes, lockouts, acts of landowners, acts of government in sovereign or contractual capacity, shortages Reimbursement Agreement Rev 05Jan2021 —Tract 6490-PL-5&6,Platte County,MO- Agent TLC -Project 2-627 of or delays in delivery of necessary supplies or materials, accident, tire, water damages, flood, earthquake,tornado or any other natural catastrophes. 12. Miscellaneous 12.1 Nothing in this Agreement reflects or shall be deemed to constitute any release, relinquishment, abandonment, modification or subordination of any right, title or interest it may have in the above-described land or the above-described right-of-way and easement agreements. 12.2 This Agreement,including its exhibits, constitutes the entire agreement of the Parties with respect to the subject matter hereof, replacing and superseding all oral and/or written prior discussions,representations and agreements. 12.3 If any term or other provision of this Agreement is deemed invalid, illegal or incapable of being enforced by any rule of law or public policy, all other conditions and provisions of this Agreement shall remain in full force and effect. Upon such determination, the Parties shall negotiate in good faith to modify this Agreement so as to give effect the original intent of the parties, as closely as possible and in an acceptable manner to the end that the transactions contemplated hereby are fulfilled to the extent possible. 12.4 Reimburser is duly authorized to execute this Agreement, having obtained any and all necessary approvals, through its authorized signatory hereto. 12.5 This Agreement shall not be amended or modified in any manner,including the conduct of the Parties, except in writing and duly signed by the Parties hereto. 12.6 The paragraph headings contained in this Agreement are inserted for convenience of reference only and will not affect the meaning or interpretation of this Agreement. 12.7 This Agreement was fully negotiated by the Parties, with each having been afforded the right to legal counsel, and shall be deemed to have been drafted by both of the Parties. 12.8 Reimburser shall not assign this Agreement without the prior written consent of Magellan, which shall not be unreasonably withheld. Any attempted assignment in conflict with this provision shall be void and of no effect. Subject to the foregoing,this Agreement shall be binding upon and shall inure to the benefit of the Parties and their respective successors and assigns. 12.9 This Agreement shall be governed by and enforced in accordance with the laws of the State in which the property is located. 12.10 The following exhibits are attached to and incorporated in this Agreement: Exhibit"A" - Magellan right-of-way and easement agreements Exhibit"B" - Description of the Project Exhibit"C" - Description of the Work Reimbursement Agreement Rev 05Jan2021 —Tract 6490-PL-5&6,Platte County,MO- Agent TLC -Project 2-627 IN WITNESS WHEREOF,the Parties have executed this Agreement as of the date first set forth above. MAGELLAN PIPELINE COMPANY,L.P.CITY OF RIVERSIDE,MISSOURI By Its General Partner,Magellan Pipeline GP,LLC By Its Undersigned Authorized Signatory: By: By: Name: Name: 161-4/e C 7v L, s Date:Title: .rP Date: 1-0.c' . 201 22 Reimbursement Agreement Rev 05Jan2021 —Tract 6490-PL-5&6,Platte County,MO- Agent TLC -Project 2-627 Jason A. Smith 08/30/2024 J CRIY-00581 EXHIBIT A - PG 1 j# 9 // PIPE LINT. RIGHT-OF-WAY GRANT. For and in sonsideration of the sun of One Hundred ($100.00) Dollars to us paid, cash in hand, the receipt of which is hereby acknowledged, and a further payment of VALU1\BLL CONSIDEIRATION to be paid within six (6) months of the date of this easement, or when construction is actually started on the premises (Survey excepted), whichever ,date first occurs, we Rose Brenner Filger and Perd F. Filger, her husband, hereinafter called Grantors, do hereby grant and convey unto SKELLY PIPE LINE COMPANY, a Corporation, hereinafter grantee, its successors or assigns, the right of way to construct, maintain, use, repair, operate, patrol, protect, change the size of, and renewing or removing, in whole or in part, a pipe line for the transportation of oil and/or gas and products and by-products thereof, water and other substances, upon and across the following described land in Platte County, State of Missouri, to-wit; The Nest 16.5 feet of the East 33 feet of the West One-Half of the Southeast Quarter (W4SE ) of Section Seven (7), Township Fifty (50) North, Range Thirty Three (33) West from the North line of said W}SE Section 7-50N-33W extending South for a distance of 1618 feet to a point; thence Fifteen (15) feet on either side of a line having a deflection angle of Twenty Three (23) degrees and Forty Three (43) Minutes to the right for a distance of Four Hundred Eighteen (418) feet, more or less, to the North bank of the Missouri River with the right of ingress and egress to and from the same. 3- 6159`f EXHIBIT A - PG 2 The Grantors, their heirs and assigns, shall have the right to use and enjoy said premises except for the uses and purposes hereinabove granted to the Grantee, and the Grantee, its successors or assigns, shall pay all damage which may be caused by it to the Grantors or their tenants in exercising any of the rights herein granted. All pipe installed under the terms of this easement shall be buried to a depth of at least four (4) feet. The Grantors reserve unto themselves, their heirs and assigns, the right to cross said easement at any point with roadways, driveways, drains, water lines, gas lines, electric lines, telephone lines or sables and other utility lines. To HAVE AND TO GOLD the said easements, rights and rights of way unto the said Grantee, its successors or assigns. This agreement shall be binding upon the parties, their heirs, personal representatives, successors or assigns. IN TESTIMONY WIEREOF the said Grantors have hereunto set their hands and seal on this 10 day of September 1965. Dan J. Irwin Rose Brenner Filger Ferd F. Filger EXHIBIT A - PG 3 STATE OF MISSOURI ) ss. COUNTY OF PLATTE. ) BE IT REMEMBERED, that on this 10 day of September, 1965, before me, a Notary Public in and for the County and State aforesaid came Rose Brenner Filler and Ferd F. Filger, her husband, who are personally known to me to be the same persons who executed the within and foregoing instrument of writing, and as such persons duly ac!cnowledged the execution of the same: IN WITNESS WHEREOF,I have hereunto set my hand and affixed my Notarial Seal on the day and year last above written. My Commission Expires:July 4, 1968 James C. Caen, Sr. Notary Public EXHIBIT A - PG 4 STATE OF MISSOURI ss County of Platte I, Lucille H. Dyer, Clerk of the Circuit Court, and ex officio Recorder of said County, do hereby certify that the written instrument of writing was, on the 15th day of Sept A.D. 1965 at 1 o'clock 45 minutes P.M. duly filed for record in this office and is recorded in the Records of this office in Book 281 at page 219 IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal at Platte City, Mo this 15 day or Sept A.D. 1965. Leslie E. Dyer Recorder by By Juanita Loumiller Deputy CRIV-00580 EXHIBIT A - PG 5 #8801 PIPELINE RIGHT-OF-WAY GRANT FOR AND IN CONSIDERATION of the sum of ONE HUNDRED ($100.00) Dollars to us paid, cash in hand, the receipt of which is hereby acknowledged, and a further payment of VALUABLE CONSIDERAT1ON to be paid within six (6) months of the date of this easement, or when construction is actually started upon the premises,(survey excepted) whichever date first occurs, we W. J. Small and Hazel M. Small, his wife; Vaughn E. Wilmoth and Gwendolyn M. Wilmoth, his wife, hereinafter called Grantors, do hereby grant and convey unto SKELLY PIPE LINE COMPANY, a Corporation, hereinafter called Grantee, its successors or assigns, the right of way to construct, maintain, use, repair, operate, patrol, protect, change the size of and renewing and removing in whole or in part a pipe line for the transportation of oil and/or gas and products or by-products thereof, water and other substances, upon and across the following described land in Platte County, State of Missouri, to-wit; The West 16.5 feet of the East 33.0 feet of the West One-Half of the Northeast Quarter (OWNEk) Section 7, Township 50 North, Range 33 West, Platte County, Missouri, also beginning at a point on the North line of the Northwest Quarter NUt) of the Northeast Quarter (NA) said Section 7 which point is 102.97 feet West of the Northeast corner of said Northwest Quarter (ND Northeast Quarter NE ) section 7; thence West along the Section line a distance of 76.36 feet to the Westerly line of the right-of-way herein described; thence South 45 001 East a distance of 96.65 feet to a point of curve; thence Southeasterly along a curve to the Right having a radius of 310.77 feet through a central angle of 45 00' a distance of 244.08 feet to the point of tangent for said curve which is 282.30 feet South and 30.00 feet West of the Northeast Corner Northwest Quarter (NA) Northeast Quarter (NEB;) Section 7; thence East 10.0 feet to the West line of an existing 40.0 food roadway right-of-way; thence North along said road right-of- way a distance of 282.30 feet to a point on the North line of Section 7, 20.0 feet West of the Northeast Corner Northwest Quarter (NWW) Northeast Quarter (NE4) said Section 7; thence West along the Section line 102.97 feet to the place of beginning. with tLe right of ingress and egress to and from the same. -1- EXHIBIT B - PG 6 The Grantors, their heirs and assigns, shall have the right to use and enjoy said premises, except for the purposes and uses hereirabove granted to Grantee, and the Grantee, its successors or assigns, shall pay all damage which may be caused by it to the Grantors or their tenants in exercising any of the rights herein granted. All pipe installed under the terms of this easement shall be buried to a depth of at lease four (4) feet. The Grantors reserve unto themselves, their heirs and assigns, the right to cross said easement at any point with roadways, driveways, drains, water lines, gas lines, electric lines, telephone cables or lines and other utility lines. TO EMU AND TO HOLD the said easements, rights and rights of way unto said Grantee, its successors or assigns. This agreement shall be binding upon the parties, their heirs, personal representatives, successors or assigns. IN TESTIMONY WHEREOF the said Grantors have hereunto set their hands this 5th day of August, 1965. GRANTORS EXHIBIT A - PG 7 STATE OF Florida COUNTY OF Palm Beach BE IT REMEMBERED, That on this 5th day of August, 1965, before me, the undersigned, a Notary Public in and for the said County and State came Gwendolyn M. and Vaughn E. Walmoth who are personally known to me to be the same persons who executed the within and foregoing instrument of writing, and as such persons duly acknowledged the execution of the same. IN WITNESS WHEREOF, I have hereunto set my hand and official seal on the day and year last above written. My Commission Expires: NOTARY PUBLIC STATE of FLORIDA at LARGE MY COMMISSION EXPIRES MAR. 21, 1957 BONDED THROUGH FRED W. DIESTELHORSE NOTARY PUBLIC STATE OF Arizona SS COUNTY OF Maricopa BE IT REMEMBERED, That on this 9th day of August, 1965, before me, the undersinged, a Notary Public in and for the said County and State came W.J. and Hazel M. Small who are personally known to me to be the same persons who executed the within and foregoing instrument of writing, and as such persons duly acknowledged the execution of the same. IN WITNESS WHEREOF, I have hereunto set my hand and official seal on the day and year last above written. My Commission Expires: Y commission Expires Muy 16, 1966 NOTARY PUBLIC EXHIBIT A - PG 8 STATE OF MISSOURI ss. County of Platte I, Leslie E. Dyer, Clerk of the Circuit Court and ex- officio Recorder of said County, do hereby certify that the within instrument of writing was, on the 19th day of Aug. A.D. 1965 at 8 o'clock 10 minutes A.M. duly filed for record in this office in Book 279 at page 531. IN WITNESS WHEREOF, I have hereunto set my and and affixed my official seal at Platte City, Mo this 19 day of Aug. A.D., 1965. Leslie E. Dyer Recorder By Juanita Loumiller Deputy Don J. Irwin Skelly Oil Co. Box 150 i t `F i's4 tk_e. ?j.+,•,t 3,y:_-yf...; t y tip. 99 f fi 1.4„„„?,,T.,-...4. , .,1,f - Yi Y•%- YYr'/ S ?. 1P19 l `i'•< •/1.{: M , 4 , y AJ 4.. .,. ......„.. .,.. ,, , . . i.„ F' L. T .'a, .,. • ram: f. c - b? r y`4 c•.,,. 9-:' ' Si ,V• .' rs'' T a+-{ -<` •,, r+ r- at y1vr y' 4 F rV 1 t^'fti t c7 i' 3 -`r=R 1,a , 10' - i!S r. r'-- 4rt ,,..{4 :t. ram . 7:4 rY-k.. ,' ,'rt[ er' n ,ri •`C .,,, i "4'a Q) b f+f `-.,:1 A i. ' y.' x n't .Z' r r+` iA st S?. 4 t r v { Pew: . :'x Ii422' sar Y a l A •-4111, • .25' • - 7 S -. t a ..= tt • .1, .=1 - [ y.,.- ts7r .. y. .µ-i t"r . u+.''''' ` 7l F cW .. PIPE LINE R1uLT-OF-WAY GRANT FUR AND IN CONSIDERATION of the sum of One Hundred Dollars 100.00) to us paid, cash in hand, the receipt of which is hereby acknowledged, and a further payment of VALUABLE CUNSIDE!tATIJN to be paid within six (6) months of the date of this easement, or when construction is actually started on the premises ( survey excepted ), whichever date occurs first, we Rose Brenner Filger and Ferd F. Filger, her husband Warren S. Brenner and Marjorie Brenner, his wife Curtiss Brenner and Helen Brenner, his wife hereinafter called Grantors, do hereby grant and convey unto SKELLY PIPE LINE COMPANY, a corporation, hereinafter called Grantee, its successors or assigns, the right-of-way to construct, maintain, use, repair, operate, patrol, protect, change the size of, and renewing or removing in whole or in part a pipe line for the transportation of oil and/or gas and products and by-products thereof, water and other substances, upon and across the following described land in Platte County, Missouri, to-wit; The tdest 16.5 feet of the East 33 feet of the West One-I:elf of the Southeast Quarter (RISE}) of Section Seven (7), Township Fifty (50) North, Range Thirty Three (33) West from the North line of said (43E4 Section 7-50N-33W extending South for a distance of 1618 feet to a point; thence Fifteen (15) feet on either nide of a line having a deflection angle of Twenty Three 23) degrees and Forty Three (43) !Minutes to the right for a distance of 418 feet, more or less, to the North Bank of the Missouri River with the right of ingress and egress to and from the same. 1- r ram EXHIBIT A - PG 10 The Grantors, their heirs and assigns, shall have the right to use and enjoy said premises except for the uses and purposes hereinabove granted to the Grantee, and the Grantee, its successors or assigns, shall nay all damage which may be caused by it to the Grantors or their Tenants in exercising any of the rights herein granted. All pipe installed under the terms.of this easement shall be buried to a depth of at least four (4) feet. The Grantors reserve unto themselves, their heirs and assigns, the right to cross said easement at any point with roadways, driveways, drains, water lines, gas lines, electric lines, telephone cables or lines, and other utility lines. IN TESTIMONY WHEREOF, the said Grantors have hereunder set their hands this _ 'a— day of July, 1965. 6-2?-4(.4(.i*h ?f GRANTORS 2— EXHIBIT A - PG 11 STATE OF MISSOURI ) SS COUNTY OF PLATTE ) BE IT RLMEMBERED, That on this 15 day of July, 1965, before me, a Notary Public in and for the County and State aforesaid, came (signers names handwritten) who are personally known to me to be the said persons who executed the within and foregoing instrument of writing, and as such persons duly acknowledged the execution of the same. IN,WITNESS WIEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year last above written. My Commission Expires: July 4, 1968 James E. Ogen Sr. Notary Public EXHIBIT A - PG 12 STATE OF MISSOURI ss. County of Platte I, Leslie E. Dyer, Clerk of the Circuit Court and ex- officio Recorder of said County, do hereby certify that the within instrument of writing was, on the 15th day of Aug. A.D. 1965 at 1 o'clock 50 minutes P.M. duly filed for record in this office in Book 281 at page 222. IN WITNESS WHEREOF, I have hereunto set my and and affixed my official seal at Platte City, Mo this 15 day of Aug. A.D., 1965. Leslie E. Dyer Recorder By Juanita Loumiller Deputy Don J. Irwin Skelly Oil Co. Box 150 EXHIBIT B WARNING HIGH-PRESSURE PIPELINE(S) Crossing, Excavaion and/or Construction Prohibited Without compliance with State One-Call AND Withouth Written Permission From MAGELLAN PIPELINE COMPANY, L.P. Magellan Gas Line Crossing Plans 22-0204 Riverside Amphitheater Riverside, County, Missouri Gas Profile 1 Renaissance Infrastructure Consulting Sheet C04 MAGELLAN MIDSTREAM PARTNERS, L.P. EXHIBIT C AFE (Project Number): Authorization Type: Capital Reimbursable: X Deferred Remediation (Expense) Expense AFE (Project) Name (Limit of 30 Characeters): Riverside Amphitheater Original AFE X Supplemental AFE Funding Source Number and Name: Capital Project Type: Payout Growth (Revenue Generating) Payout Efficiency (Cost Savings) Maintenance Maintenance Capital Commitment Category: AFE (Project) Description: The purpose of this project is to relocate approximately 20',of the 18th St. Riverside 8" line due to the proposed installation of two new 48" HDPE culverts for the incoming amphitheater. The culverts will be installed from Sta.1+90 to 2+10 (—MP 0.63). The project will involve approximately 100' of open trench construction. The relocation will not require amending existing easements. AFE(Project) Justification: The current plans for the Riverside Amphitheater indicate that the installation of two (2)—48" HDPE culverts the will cross the Magellan Pipeline and Easement. The culverts will be in conflict with the Magellan Pipeline and modifications to the Pipeline will be required. Replacing an asset? (Y or N): Y Please identify replaced assets on NOC;See Property Accounting for assistance. Billable Project (Y or N): Portion Billable (% or $): 0% Billable Parties & Terms: Estimated Begin Date: 4/15/2024 Estimated In-Service Date: Project Organization (Company, Operating Unit, Cost Center): Region: Central Area: Kansas City Asset Area: RP-PL Location (County,City,State): Spring Hill, KS Location Code & Name: Line ID 6490,18th St.- Riverside 8" Major Cost Components Project Tasks Amount APPROVALS: Requestor Title Date Bryn Lewis Asset Integrity Engineer ACA Right Of Way:Cost Of Easement Supervisor Date ACB Right Of Way:Acquisition Expense Reed Maguire Supervisor Asset Integrity GAA Mainline Pipe 5,400.40 GBA Mainline Mechanical Materials Manager Date GCA Mainline Labor 199,424.55 Gracie Riess Manager Pipeline Integrity GCB Mainline Inspection and Testing 27,500.00 GCF Mainline Eng/Draft/Permit/Survey Director Date GCG Mainline Cathodic Protection Mark Materna Director Pipeline Integrity GCU Environmental Control 5,000.00 ZBV Internal Labor 26,400.00 Vice President Date Contingency 23,800.00 Jason Smith VP Asset Integrity Sr.Vice President Date President Date Additional Authority Title Date Total $287,530.00 CERTIFICATION Pursuant to Section 135.140 of the City Code and the Missouri Domestic Products Procurement Act I, Kathleen L.Rose, Mayor of the City of Riverside,Missouri,hereby certify as follows: 1. Adoption of Policy Pursuant to Section 135.140 of the City Code of Riverside,Missouri,and the Missouri Domestic Products Procurement Act(Section 34.353, RSMo), the City of Riverside has adopted a formal written policy to encourage the purchase,lease,or use of products manufactured, assembled,or produced in the United States. 2. Policy Intent The City's Domestic Products Procurement Policy, codified in Section 135.140 of the City Code,reflects the intent of the Board of Aldermen that,by virtue of the adoption of this policy, Section 34.353(3),RSMo, shall not apply to the City of Riverside. 3. Scope of the Policy This policy applies to all applicable contracts for the purchase or lease of manufactured goods or commodities, as well as contracts for construction,alteration,repair, or maintenance of public works, except as otherwise provided by law. This certification is made pursuant to Section 135.140(B)of the City Code and the Missouri Domestic Products Procurement Act and affirms the City of Riverside's commitment to supporting the purchase of domestic products. By: Name:Kathleen L. Rose Title:Mayor, City of Riverside, Missouri Dated: November 22, 2024 SEAL Attest: Robin Kincaid City of Riverside, MO Thursday, November 21, 2024 Chapter 135. Contracts and Purchasing Section 135.140. Domestic Products Procurement Policy. [R.O. 2011 §135.140; Ord. No. 2005-107 §1, 10-18-2005] A. It is the policy of the City of Riverside, Missouri, to encourage the purchase of products manufactured or assembled or produced in the United States. B. The Mayor shall certify in writing pursuant to the Missouri Domestic Products Procurement Act that the City of Riverside has adopted a formal written policy to encourage the purchase of products manufactured, assembled or produced in the United States. C. It is the intent of the Board of Aldermen that, by virtue of the adoption of the policy stated in this Section, Section (3) of the Missouri Domestic Products Procurement Act shall not apply to the City, pursuant to the provisions of that Act.