ORDINANCE NO. 030183

Giving permission to Lumbermans Investment Corp., to install and maintain a monument in the traffic island of the Kansas City public right-of-way of N.E. 111th Street at N. Stark Avenue; assessing an encroachment fee in the amount of $4,278.00; and estimating revenue in the amount of $4,278.00.

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. That permission is hereby given to Lumbermans Investment Corp., its successors and assigns, as owner and permittee, to identify the subdivision of Somer Brook with a monument in the traffic island of the Kansas City public right-of-way of N.E. 111th Street at N. Stark Avenue, all in the recorded plat of Somer Brook Second Plat, Kansas City, Clay County, Missouri.

Section 2. It is understood that the Somer Brook Home Owners Association will succeed Venture Investors, LLC, as the owner of the property, in the near future. All permission and the conditions of that permission, as stated herein, will convey to the Somer Brook Home Owners Association, its successors and assigns upon the recording of proper documentation

Section 3. 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. 2002-294.

Section 4. 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.

Section 5. 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 life of the construction and/or duration of the encroachments, the insurance provided by the permittee shall be revised to conform with 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.

Section 6. 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.

Section 7. 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 encroachment and the restoration of the area without expense to the City.

Section 8. That the permission herein granted requires that a permit be obtained from the Director of Public Works for the construction of the entrance marker permitted by this ordinance.

Section 9. That in consideration of the usefulness to Lumbermans Investment Corp., and reflecting a fair assessment of the value of the right-of-way, the sum of $4,278.00 shall be paid by Lumbermans Investment Corp., in the nature of a license payment to the City for the privilege of using the public right-of-way for this purpose. This single payment includes all license payments.

Section 10. That this revenue in the following account of the General Fund is estimated in the amount:

03-100-089-6233 Encroachment Licenses $4,278.00

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I hereby certify that there is a balance, otherwise unencumbered, to the credit of the appropriation to which the foregoing expenditure is to be charged, and a cash balance, otherwise unencumbered, in the treasury, to the credit of the fund from which payment is to be made, each sufficient to meet the obligation hereby incurred.

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Director of Finance

Approved as to form:

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Assistant City Attorney