COMMITTEE SUBSTITUTE
FOR ORDINANCE NO. 050501
Giving permission to Highwoods
Properties, its successors and assigns, to install and maintain a trash
compactor area located in the Public Court to the west of the Millcreek
building at 4638 J.C. Nichols Parkway, and to the north of the Tower Building at 116 West 47th Street within the Kansas City, Missouri public right-of-way.
BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:
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1. That permission is hereby given to Highwoods Properties, its successors and
assigns, as owner and permittee, subject the conditions set forth herein, to
install and maintain a trash compactor area located in the Public Court within
the Kansas City public right-of-way to the west of the Millcreek building at
4638 J.C. Nichols Parkway, and to the north of the Tower Building at 116 West
47th Street.
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2. That all material, design and method of construction shall be in accordance
with the plans and specifications approved by the City Engineer and identified
as Public Works File No. 2005-161.
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3. Permittee, by accepting the benefits conferred by this ordinance agrees to
defend, indemnify, and hold harmless the City from any and all claims, suits,
losses or damage as a result of this permission, to the extent allowed by law.
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4. That in order to hold the City harmless from claims for bodily injury and
for property damage arising out of the construction and duration of the
encroachment, the permittee shall keep in force a policy of liability insurance
in an amount not less than that required by Chapter 64 of the Code of
Ordinances. In the event that ordinances are modified during the construction
and/or duration of the encroachments, the insurance provided by the permittee
shall be revised to conform to the modified requirements. If at any time the
insurance is canceled or allowed to expire the permittee shall remove said
encroachments from the right-of-way. If a reasonable time lapses upon such
cancellation or expiration and the permittee have not removed the encroachments
herein permitted, the City may remove them without notice. Upon removal, title
to all materials which have been removed, shall vest in City so that they can
be disposed of for scrap with the proceeds going to Kansas City as compensation
for the cost of removal. In lieu of this requirement the permittee may provide
evidence of a risk management program acceptable to the Director of Public
Works.
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5. That at its own expense, permittee will cause the encroachments provided
for herein to be maintained in good repair for so long as they remain in the
right-of-way and will cause them to be removed when they are no longer in use.
If the permittee fails to either maintain or repair the encroachments as herein
provided, then the City may remove them without notice. Upon removal, title to
all materials which have been removed shall vest in City so that they can be
disposed of for scrap with the proceeds going to Kansas City as compensation
for the cost of removal.
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6. That the permission given shall be construed as a permit and not a grant,
and may be revoked by the Council at its discretion. Upon revocation, the
permittee or the owner of the property at the time of the revocation shall
cause the removal of the construction and the restoration of the area without
expense to the City.
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7. That the permission herein granted requires that a permit be obtained from
the Director of Public Works for the installation of trash compactor by this
ordinance.
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8. This encroachment has been approved by the Municipal Arts Commission.
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Approved as to form and legality:
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Mark P. Jones
Assistant City Attorney