ORDINANCE NO. 021439

Giving permission to McDonalds Corporation to construct and maintain an improved driveway in the public right-of-way for the building at 6830 N.W. Barry Road; assessing an encroachment fee of $11,050.00.

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. That permission is hereby given to McDonalds Corporation, dba Delaware McDonalds Corporation, as owner and permittee, to construct and maintain an improved driveway, including a fence, in the public right-of-way for the building at 6830 N.W. Barry Road as shown on drawings known as Exhibit A.

Section 2. That all materials, design and methods of construction shall be in accordance with all applicable codes and shall be subject to the approval of the Director of Codes Administration when final plans are submitted for a building permit.

Section 3. That to hold the City harmless from claims for bodily injury and for property damage arising out of the construction, the permittee shall keep in force a policy of liability insurance in an amount not less than that required by the Building Code. In the event the insurance requirements of the Building Code are modified during the life of the construction, the insurance provided by the permittee shall be revised to conform with the modified Building Code standard.

Section 4. 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. The City shall provide notice to the property owner of pending action to revoke this permission at least ninety days prior to such revocation.

Section 5. That if the construction for which permission is herein given includes excavation, as defined in the Underground Facility Safety and Damage Prevention Act, Section 319.010 through 319.050, Revised Statutes of Missouri, the permittee shall observe and comply with the requirements of the Act. A permit for any excavation shall be required from the City Engineer.

Section 6. That in consideration of the usefulness to McDonalds Corporation, and reflecting a fair assessment of the value of the right-of-way, the sum of $11,050.00 shall be paid by McDonalds Corporation , 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 and shall be calculated as a setoff the amounts to be paid by the City to McDonalds Corporation in connection with acquisition of additional right of way for the construction of the relocated NW Prairie View Road/Route 9.

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Approved as to form and legality:

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Assistant City Attorney