NOTICE OF MEETING

CITY OF BRANSON
BOARD OF ALDERMEN
Regular Meeting Tuesday, July 23, 2013 7:00 p.m. Council Chambers Branson City Hall 110 W. Maddux

Where Values are the Difference

JULY: TEAMWORK/COOPERATION
Less me, More we: Working towards, a common goal July 23, 2013 Board of Aldermen Agenda Page 1 of 4

BRANSON BOARD OF ALDERMEN AGENDA

July 23, 2013 Meeting Called to Order Pledge of Allegiance Invocation Jim Lawson Roll Call Employee of the Month Traci Burrow of the Parks & Recreation Department to be presented by Alderman Rick Davis. PUBLIC COMMENT: To speak during public comment, please sign the speaker sign-up sheet located at the front door of the council chambers prior to the start of the meeting. CONSENT AGENDA: 1) 2) Approval of Board of Aldermen Minutes: a) July 9, 2013 Regular Meeting Acknowledge Receipt of Minutes: a) Human Resources Committee meeting of January 11, 2013 b) Capital Improvement Committee meeting of May 13, 2013 c) Capital Improvement Committee meeting of June 17, 2013 d) Tree Board meeting of May 1, 2013 Final Reading of Bill No. 4385 accepting the proposal of Baker Equipment Company for the purchase of a portable closed circuit camera system for the Utilities Department and authorizing the Mayor to execute the contract. Final Reading of Bill No. 4386 approving a contract amendment with Prolawn & Landscape pertaining to the mowing & weed eating for the City of Branson and authorizing the Mayor to execute the same. 7:00 p.m.

3)

4)

REGULAR: 5) 6) 7) Update by Jamie Rouch of quarterly financial report. Presentation of six month update from Jay Campbell and Lisa Jones on the Convention Center, as required by contract. First Reading of Bill No. 4387 approving amendments to the City of Bransons Human Resources Manual.
Where Values are the Difference

JULY: TEAMWORK/COOPERATION
Less me, More we: Working towards, a common goal July 23, 2013 Board of Aldermen Agenda Page 2 of 4

BID AWARDS: 8) First Reading of Bill No. 4388 approving a contract with K&R Electric for installation, maintenance and removal of LED star displays in support of Ozark Mountain Christmas and authorizing the Mayor to execute the contract. First Reading of Bill No. 4389 accepting the proposal of Navistar, Inc. pertaining to the purchase of a flatbed dump truck and authorizing the Mayor to execute the contract. First Reading of Bill No. 4390 accepting the proposal of Hunter Chase & Associates, Inc. pertaining to the Roark Creek Trail Segment 3 Project and authorizing the Mayor to execute the contract. First Reading of Bill No. 4391 approving the 2013-2014 Workers Compensation and Property/Liability Insurance Premiums renewals from Midwest Public Risk for the City of Branson and authorizing the Mayor to execute the documents related thereto.

9)

10)

11)

RESOLUTIONS: 12) 13) A Resolution appointing a custodian of records and adopting a Sunshine Law Policy for the City of Branson, Missouri. A Resolution approving a Special Event Permit application for the Revolution 3 Triathlon.

APPOINTMENTS: 14) Appointments.

OTHER BUSINESS: 15) Discussion regarding the 76 Country Boulevard Pedestrianway Joint Use Easement Agreement.

MAYOR/CITY ALDERMEN/CITY ADMINISTRATORS REPORTS ADJOURN INTO EXECUTIVE SESSION Closed Executive Session pursuant to 610.021.1 RSMo for litigation and 610.021.3 RSMo for personnel.

Where Values are the Difference

JULY: TEAMWORK/COOPERATION
Less me, More we: Working towards, a common goal July 23, 2013 Board of Aldermen Agenda Page 3 of 4

ADJOURN

Where Values are the Difference

JULY: TEAMWORK/COOPERATION
Less me, More we: Working towards, a common goal July 23, 2013 Board of Aldermen Agenda Page 4 of 4

MINUTES
HUMAN RESOURCES COMMITTEE CITY OF BRANSON, MISSOURI January 11, 2013

1) Call to Order
The Human Resources Committee met in the Municipal Court Room of City Hall, Friday, January 11, 2013 at 8:00 a.m. The meeting was called to order by Mayor Raeanne Presley.

2) Roll Call
Committee Members present were Mayor Raeanne Presley, City Administrator Dean Kruithof, Alderwoman Cris Bohinc, Alderman Dr. Patrick Parnell, Janet Akers and Luise Bird. Also present: HR Director Kelli Fleck, Nancy Haskin, and EHRC Chairperson Dennis Brunner. Mayor Presley expressed condolences to the family of Steve Hart, a Utilities Department Plant Operator I who had passed away unexpectedly this morning (January 11, 2013).

3) Acknowledgement of December 14, 2012 minutes.

The minutes of the December 14, 2012 meeting were acknowledged on a motion by Cris Bohinc, seconded by Dr. Patrick Parnell. Motion passed.

4) Discussion of Nametags for Employees.

Samples of various types of nametags were passed around. The current Board of Aldermen and Directors nametags were determined to be too small and too hard to read. After discussion, it was decided to only put first names on the nametags and avoid any with gold borders. Kelli is going to check with Corey Powell and see if the new sign machine will make nametags. 5) Discussion of 2012 Turnover and Internal Promotion Rates. Kelli reported that 22 full-time positions were vacated during the 2012 calendar year, representing 9.28% of the total number of full-time positions, down 1.6% from the previous year. Ten of the individuals terminating resigned, seven retired, and five were discharged. Kelli informed the committee that the turnover rate in the Police Department was way down. In 2012, 75% of the non-entry level positions were filled by internal applicants, resulting in 9 promotions out of 12 possibilities. This was down 1.5% from 2011. 6) Discussion of Health & Wellness and Non-Tobacco User Program Participants Numbers. For calendar year 2012, Kelli reported that 4 employees chose not to participate in the Health & Wellness program, 7 chose to opt-out of the Citys Health Insurance plan, and 226 employees did participate. She also reported, that as of January 10th, 2013, there are 7 employees not participating, 7 who opted-out, and 212 participating with 3 still needing to turn in paperwork. The non-tobacco user program numbers for 2012 were as follows: 186 non-tobacco users; 29 who indicated they would stop using by 1/1/12; 14 who were tobacco users; and 1 who chose not to participate. Two individuals were found to be using tobacco after stating they were not tobacco users, and disciplinary action and reimbursement to the City retro back to January 1, 2012 was enacted per the agreement they had signed. Throughout the year, HR was contacted by five individuals stating they had started using tobacco and they were switched to the higher insurance premium rate.

MINUTES
HUMAN RESOURCES COMMITTEE CITY OF BRANSON, MISSOURI January 11, 2013 The numbers for 2013 appear to be as follows: 195 non users; 2 who were to have stopped by 1/1/13; 16 tobacco users; and 4 who chose not to participate in the program. Paperwork is missing from 4 others at this time. 7) Human Resources Directors Report. A brief discussion was held regarding cancelling the February 2013 meeting, with the March meeting scheduled for March 8, 2013 at 8:00 a.m. Kelli reported that Supervisory Training sessions, provided by Strategic Governmental Resources (SGR), are scheduled monthly, January through April. Hollister, Ozark, and Springfield are also taking part in this training series.

6) Adjourn.
A move to adjourn was made by Dean Kruithof, seconded by Dr. Patrick Parnell. Motion carried.

Capital Improvements Committee Minutes May 13, 2013 Item No. 1: Mayor Presley called the meeting to order at 10:30 a.m. Item No. 2: Roll Call: Members present were Mayor Raeanne Presley, City Administrator Dean Kruithof, Alderman Bob Simmons, Nelda Lies, and Jerry Emery. Also present were City Engineer/Director Public Works David Miller, Finance Director Jamie Rouch, Assistant Finance Director Stacy McCallister, Utilities Director Mike Ray, Assistant Director of Public Works Keith Francis, IT Director Chad Forster and IT Technician II Brandon Green. Item No. 3: Presentation from McClelland Consulting Engineers Gretna/Wildwood Intersection Improvements. David Miller introduced Daniel Barnes, Eric Anderson and Rachel Hummel of McClelland Consulting Engineers. Eric Anderson explained the scope of the project was to determine the best solution for best improvements for intersection whether by use of roundabout or traffic signal. Daniel Barnes explained presentation and identified that the traffic matrix used was to identify types of levels of service (LOS) for each type of intersection and evaluate the comfort level of the intersection. He explained that the existing level for this intersection is a D which is moderate to high level of congestion and delay. He further stated that a roundabout would greatly increase the LOS to an A rating and a signalized traffic control would only reduce the LOS to level C or moderate delays or congestion. Mr. Barnes stated that the average speed for a roundabout will be under 20 mph and around 15 mph for a traffic signal. He further stated that the delay at the roundabout will be about 7.5 seconds compared to the existing delay of 31 seconds. Jerry Emery inquired at what grade in the A-F system does the city receive complaints and delays and if we spend the money to do the improvements now, what will happen 20 years from now when we have the same issue? Mr. Emery believed that this intersection will be affected in 2-3 years if the city does go ahead with a sports complex. David Miller explained that the reason the city put up the four way stop signs at this intersection was to alleviate congestion on Wildwood. Mr. Barnes explained the capital costs of the project consisted of rock excavation in the amount of $250,000, retaining wall in the amount of $109,000 and right of way purchase in the amount of $282,000 for the roundabout intersection improvements. He explained that the footprint takes quite a bit of additional right of due to the new retaining wall construction. He further explained that in regards to safety, roundabouts are the safest alternative based on pedestrians and vehicular traffic. The traffic data showed that there were 10 accidents reported last year at this intersection. Mr. Barnes explained the Decision Matrix and stated that four options are provided and percentages for each option. He further explained that of the four options, a roundabout will be the best use for this intersection but it is more improvement with a larger cost. David Miller stated that the city can do nothing now and live with the D rated intersection and wait for future development. There was some discussion concerning traffic tie-ups. The consultant stated that early afternoon is currently the issue. Nelda Lies inquired about the time saving per second. Mr. Barnes stated that delay at the roundabout will be about 7.5 seconds whereas it is 31 seconds for traffic signal. Nelda Lies suggested that the city wait to decide the intersection improvements until a decision is made for Factory Merchants Mall. Bob Simmons stated that topography does not lend to conversion of roundabouts and diverging diamonds so the decision is to do nothing or to spend $300,000 to install a traffic signal and improve safety at this intersection. He stated that for budgeting

purposes that we delay for two years. The decision was made by the committee to delay this project at this time. Mayor Presley thanked McClelland for their study and presentation. Item No. 4: Tour of City Projects. Stop 1: Old high school project. David Miller explained that the bricks from the old building were used for the improvements, the HVAC was replaced on the roof, underground power was installed and two change orders were authorized. Stop 2: Hwy. 76 Complete Street project and Sabin Yanez met and explained utility line burial and easement agreement with Branson Auto Museum. Stop 3: Lakeside Wilderness Forest Area parking lot project and David Miller explained that this project is progressing as planned. The posts for the new arch will be installed in the coming weeks. Stop 4: Cooper Creek Wastewater Treatment Plant project. Mike Ray pointed out location for biosolids facility. Also pointed out space that will be used for the utilities maintenance and operations building that will be built this fiscal year. Stop 5: Rainbow Shoals Drainage Improvements project. Wayne Glenn stated that seeding and erosion control will be installed in the next few weeks. Stop 6: Fall Creek WW Improvements project. Mike Ray explained that this project will replace 7 lift stations and gravity sewer out to Hwy. 165 in the contracted amount of $627,000. Stop 7: Chamber parking lot project. David Miller explained that the parking lot is set up to capture water to irrigate the trees and the vegetation on the hillside. He explained that native plants will be used and this parking lot is first sustainability project and chamber will showcase it as such. He explained that there will be signs installed explaining the uniqueness of the project. Stop 8: Veterans Boulevard Bridge. David Miller stated that the bridge will be open for Memorial Day weekend and that the contractor will have to return to install the lighting and the fencing. Stop 9: Downtown Streetscape. Steve Prange with CMT explained the improvements to the downtown and presented short Power Point. He explained that the steering committee has met every month and input was added as a result of the first public information meeting as well as the study session items addressed by city council. There being no further discussion, the meeting was adjourned at 1:00 p.m.

Capital Improvements Committee Minutes June 17, 2013 Item No. 1: Mayor Presley called the meeting to order at 9:30 a.m. Item No. 2: Roll Call: Members present were Mayor Raeanne Presley, City Administrator Dean Kruithof, Alderman Bob Simmons, and Nelda Lies. Also present were City Engineer/Director Public Works David Miller, Finance Director Jamie Rouch, Assistant Finance Director Stacy McCallister, Utilities Director Mike Ray, Assistant City Engineer Matt Filice, and Assistant Director of Public Works Keith Francis. Item No. 3: Selection of Architect for Utilities Maintenance and Operations Building. David Miller explained that funds were allocated in the Utilities Department for construction of a new maintenance and operations facility on the Cooper Creek Wastewater Treatment Plant property. He explained that the building will be used for various maintenance and operations activities for the water and wastewater divisions of the Utilities Department. David Miller recognized Matt Filice for his review of the proposals and asked for his input. Matt Filice explained that the city received ten proposals. He further stated that the architect will be the prime consultant and will be responsible for the project, facility planning, preliminary design and space. He stated that five firms rose to the top of the matrix and any of the top 5 firms are capable. David Miller stated that any of the top 5 firms have great experience in this type of building. Mike Ray stated that the Utilities water distribution, sewer collection and street signs are currently working out of the Compton building. He further explained that we are short on storage areas for these divisions. He stated that needed equipment has been added this fiscal year but personnel inside building are cramped for space. Utilities Department is proposing to separate out utilities personnel to the Cooper Creek location which will provide needed space for the public works department. Nelda Lies inquired of the location of GHNs office. Matt Filice stated that GHNs office is located in Springfield and that Epps is also a local firm. Mayor Presley inquired the amount of the budget for the building. Mike Ray stated that $510,000 is allocated in the budget. Dean Kruithof stated that he appreciated the good system of firms represented but impressed more with GHN on LEED certification and green sustainability. Nelda Lies stated that she is leaning more to Epps due to their locality. Bob Simmons stated that he likes the system that staff goes through for recommendations and he has no reason to vary from top recommendations. Dean Kruithof made the motion to recommend GHN Municipal for the utilities maintenance and operations building, seconded by Bob Simmons. Vote: all yeas. None opposed. Motion carried. Item No. 4: Selection of Consultant for Lift Station 19. Matt Filice explained that funds were allocated in the Utilities Department to design the gravity sewer replacement for Lift Station #19. He further stated that the location of this existing lift station is Shepherd of the Hills Expressway and Expressway Lane. Mr. Filice explained that this lift station is old and maintenance problems have occurred over the past few years at this location. He stated that it is actually more cost effective to build gravity sewer than to replace the lift station and force main. The city received eight (8) proposals and staff recommends any of the top 4 firms from the decision matrix. He stated that Rozell has representatives here today and that they are currently working on two projects, the Animal Safari Sewer and the Branson North Water Lines. Bob Simmons inquired if they will have a staffing issue. Matt Filice explained that Rozell has been responsible on past projects and dont see

staffing as an issue. Bob Simmons made the motion to recommend Rozell for the lift station 19 project, seconded by Nelda Lies. Vote: all yeas. None opposed. Motion carried. Mayor Presley thanked staff for process and recommendations. Item No. 5: Report on Construction Status. David Miller presented status of projects. Mike Ray explained delay in biosolids project. He stated that there is a drying equipment issue and that HDR is investigating this issue prior to construction bids opening. David explained that the Lift Station 9 project is finally coming along and that once the contractor came into town, they are exceeding expectations and should meet contract deadlines. David explained that the Limits of Technology treatment levels that DNR could impose upon the city as part of the Cooper Creek plant expansion are no longer an issue due to the quality of the antidegradation analysis. David explained that the Old Branson High School is complete with minor punch list items to finish. David explained that the street lights are back ordered for the Veterans Boulevard Bridge project. David explained that in regards to the MS4, staff is meeting monthly with assigned duties. Bob Simmons inquired about the CVS Pharmacy time frame. David Miller stated that the paving is imminent, the left turn lane has been installed, the traffic signal on northern leg was installed too low and the contractor has to raise it per MoDOT standards. Bob Simmons inquired if the old light posts off the Veterans Boulevard Bridge project have any historic value. Dean Kruithof stated that the water level sensor for the bridge has been ordered and that Suddenlink has approved the installation of the solar panel. He further stated that Empire Electric and the Corps of Engineers are interested in on-line feed. Dean Kruithof stated that the general fund is being negatively impacted by the legal fees for the Coverdale lawsuit. He further stated that the city ended up with a good ruling but the legal fees have put a strain on the general fund. He stated that quite a bit of the property was transportation infrastructure and that transportation fund monies may be able to be moved to the general fund. He stated that he and the Finance Director have been discussing scaling back the overlay project to $800,000 from the $1.2 million proposed in budget. He stated that the Shepherd of the Hills @ Hwy. 76 interesection and the Gretna @ Hwy. 76 intersections have to be improved. Mr. Kruithof further explained that staff will need to sharpen the pencil to see where funds can be transferred. There being no further discussion, Dean Kruithof made the motion to adjourn the meeting, seconded by Nelda Lies. Mayor Presley thanked Nelda Lies for service to committee and community. The meeting was adjourned at 10:15 a.m.

City of Branson
Quarterly Financial Update
June 30, 2013
Presented by Finance Director Jamie Rouch

All Governmental Funds Revenues vs. Expenditures YTD 6/30/13

$35,000,000 $30,000,000 $25,000,000 $20,000,000
$15,000,000

Revenues Expenditures

$10,000,000 $5,000,000 $Jan Feb Mar Apr May June July Aug Sept Oct Nov Dec

Revenues--$28,731,291 Expenditures--$29,186,349 (both include transfers in/out)

2

General Fund Actual Revenues YTD 6/30/13

3% 2% 6% Taxes & Franchise Fees Licenses & Permits Court Receipts Lease & Rents Charges for Services 83% Interest Income Misc. Revenue 5% 0% 1%

83% of all GF Revenues are from Taxes & Franchise Feesof this amount, 59% is Sales Tax, 33% is Property Tax, 7% is Franchise Taxes (Electric, Cable, Natural Gas), less than 1% Intergovernmental
3

General Fund Revenues by Category

$600,000 $500,000 $400,000 $300,000

$480,275

$563,247

$577,324

$394,429

$426,743

$393,546

$467,144

$344,767

2011 2012

$230,757

$198,992

$100,000 $Licenses & Permits

Court Receipts

$186,895

$200,000

$267,500

2013

Lease & Rents

Charges for Services

Licenses & Permitsincreased by $14,077 from FY2012 and $97,049 from FY2011 Court Receipts decreased by $12,097 from FY2012 and $43,862 from FY2011 Lease & Rentsdecreased by $77,267 from FY2012 and $126,929 from FY2011. This decrease is partially due to the timing of when some businesses opened for the season. The majority of Hwy 76 lease revenue is calculated as a percentage of sales. Charges for Servicesincrease due to increase in administrative fees 4

General Fund--YTD 6/30/13

$9,600,000 $9,400,000 $9,200,000 $9,000,000
$8,960,775 $9,122,198

$9,536,674

$9,244,674

Revenues Expenditures

$8,800,000 $8,600,000

$8,400,000
$8,200,000 2011

$8,746,861

2012

2013

2013 Revenues are $48,826 less than 2012 due to a decrease in lease revenue. 2013 Expenditures (including transfers out) are $292,000 less than 2012.
5

$9,073,372

General Fund Expenditures by Dept. YTD 6/30/13

$2,000,000

$1,800,000 $1,600,000
$1,400,000

$1,200,000 $1,000,000 $800,000 $600,000 $400,000 $200,000

$2011

2012 2013

Overall, total 2013 operational expenditures are $339,408 more than 2012. Factors contributing to this increase include $218K more in legal fees in FY2013, timing of pmt. for auditing services, employee separation payouts, additional positions filled. 6

Gross Sales Tax for all Governmental Funds thru YTD YTD 6/30/13
$4,500,000
$4,000,000
$4,260,042

$3,500,000
$3,000,000 $2,500,000 $2,000,000 $1,500,000 $1,000,000 $500,000 $-

$4,424,390

$4,152,441

$3,289,912

$3,327,761

$3,513,608

2011 2012

$2,050,503

$2,104,482

$2,179,983

2013

General Fund

Tourism Fund

Transp. Fund

Sales Tax is up 3.9% for the year Tourism Tax is up 5.6% for the year Transportation Tax is up 3.6% for the year
7

Sales Tax (Net of TIF) for all Governmental Funds YTD 6/30/13
$3,500,000 $3,000,000

$3,032,340

$3,194,820

$3,292,200

$2,500,000 $2,000,000 $1,500,000 $1,000,000 $500,000 $-

$3,396,721

$3,132,263

$3,241,732

2011 2012

$1,702,528

General Fund

Tourism Fund

Transp. Fund

Net GF Sales Tax numbers for FY2013 are $104,521 more than FY2012 Net Tourism Sales Tax numbers for FY2013 are $109,469 more than FY2012

$1,605,719

$1,653,619

2013

Tourism Fund--YTD 6/30/13

$4,500,000 $4,000,000

$3,000,000 $2,500,000 $2,000,000 $1,500,000 $1,000,000 $500,000 $-

$3,561,345

$3,526,942

$3,500,000

$4,039,406

$1,949,877

$3,723,661

$4,392,229

Revenues Expenditures

2011

2012

2013

2013 Revenues are approx. $197K more than 2012 2013 Expenditures and Transfers are approximately $1.4 million more than 2012 due to the additional payment made on our loan in the amount of $1.2 million. This was a reimbursed from MODOT for the 248/65 interchange as a result of the expenditures coming in lower that anticipated. This payment decreased the length of the loan. 9

Parks & Recreation Fund -- YTD 6/30/13

$1,200,000 $1,150,000 $1,100,000 $1,050,000
$1,167,796

Revenues

$1,035,014

$1,084,142

$1,075,563

$1,000,000 $950,000 $900,000 $850,000 2011

Expenditures

2012

$1,031,947

$978,535

2013

2013 Revenues are approximately $84K more than 2012. $80K is related to the Dog Park donation received earlier this year. 2013 Expenditures are approximately $44K more than 2012. A portion of the increase is related to the capital equipment purchase of a loader, ballfield groomer as well as a vehicle.
10

Water & Sewer--YTD 6/30/13

(NET OF DEPRECIATION)
$3,500,000

$3,000,000 $2,843,778

$3,253,108

$2,500,000 $2,535,986

$2,874,819

$2,000,000

$2,783,106

$3,192,501

Revenues Expenditures

$1,500,000

$1,000,000

$500,000

$2011 2012 2013

2013 Revenues are $61K less than 2012. 2013 Expenditures are also $61K less than 2012.

11

Questions?

12

Presented July 23, 2013 Jay Campbell Lisa Jones

2013 YTD Actual

2013 YTD Budget

YTD Variance 2013 Budget vs. Actual

($185,751)

Total Food & Beverage Revenue Total Revenue

$1,858,379

$2,044,131

$2,175,467

$2,398,446

($222,979)

Income Before Fixed Charges EBITDA Profit & (Loss) Before Taxes

($183,260)

($322,934)

$139,674

($220,568) ($322,559)

($372,529) ($476,779)

$151,960 $154,219

2010 Actual
Total Food & Beverage Revenue Total Revenue Income Before Fixed Charges
$3,845,239

2011 Actual
$4,229,606

2012 Actual
$2,603,938

2013 Forecast
$4,151,482

2013 Forecast Variance to Budget

($313,857)

$4,642,619

$4,986,727

$3,181,745

$4,931,217

($363,432)

($570,117)

($325,222)

($1,314,174)

($444,848)

$41,483

EBITDA
Profit & (Loss) Before Taxes

($298,306) ($778,856)

($403,071) ($658,881)

($1,514,034) ($1,784,728)

($524,118) ($727,012)

$64,176 $69,783

2010 261 Event Days

Tentative Prospects Total Revenue Per Event Day

2010 2011

2011

2012 2012

2013 2013

June YTD

261 272

272

216 215

174 260 12 29

261 $14,732

272 $15,550

215 $12,111

301

Lead Sources
Telephone Owner Solicitation Hilton Lead Competitor Email, Fax, Letter Repeat Business CVB Walk In Other

3% 5% 7% 5%

6%

5%

19%

13%

36%

1%

Attended with Hilton Hotels PCMA, RCMA, Rejuvenate, Collaborate, AIBTM, KC St. Pats Day client event. Association Business KCMPI, SLAMPI, ASAE, MSAE Sales Calls to Joplin, Jefferson City, Kansas City, Saint Louis, Springfield, Northwest Arkansas FAM Trips Music Directors Fam

Revamped the Marketing campaign and created a new cohesive ad message

Association Meetings RCMA Medical Meetings 417 Bride MPI Meeting Focus

The Knot MeetingsNet Meetings & Conventions Southwest.com Spirit Magazine

Branson Board of Aldermen Staff Report and Recommendation ITEM/SUBJECT: DATE: INITIATED BY:
APPOINTMENTS. JULY 23, 2013 OFFICE OF THE MAYOR

CITY ADMINISTRATOR RECOMMENDATION: N/A

STAFF REPORT: The Mayor has the following appointments to be made:

Dave Edie

- Re-appointment to the Public Building Corporation with a term expiring June 2018.

Tricia Murray - Re-appointment to the Public Building Corporation with a term expiring June 2019.

PROPOSED MOTION: Move to approve the Mayors appointments.

FINANCIAL REVIEW: N/A ATTACHED INFORMATION:

76 Country Boulevard Pedestrianway Joint Use Easement Agreement

1 2 3 DEFINITIONS ....................................................................................................... 4 GRANT, PURPOSE, AND USE ........................................................................... 4 DESIGN AND CONSTRUCTION OF PEDESTRIANWAY ................................... 5
A. B. C. D. E. F. Length of Pedestrianway ......................................................................................................... 5 Construction time frame .......................................................................................................... 5 Design Components ................................................................................................................. 6 Landscaping, Decorating, and Maintenance............................................................................. 7 Obstructions ............................................................................................................................ 8 Level of Service ........................................................................................................................ 8 Construction of Connections .................................................................................................... 9 Maintenance of Pedestrian Flow ............................................................................................. 9

GRANTOR CONNECTION TO PEDESTRIANWAY ............................................ 9

A. B.

5 6

INDEMNIFICATION ............................................................................................. 9 ACTIVITIES ALONG AND WITHIN THE JOINT USE EASEMENT ................... 10
A. B. C. Vending, Sales, and Solicitation Prohibited ............................................................................ 10 Pets........................................................................................................................................ 10 Grantors Activities ................................................................................................................ 10 On-Premise Shuttle Permit Required ..................................................................................... 11 Vehicle Use ............................................................................................................................ 11 Vertical Clearance .................................................................................................................. 11 Sign Relocation ...................................................................................................................... 12 Maintenance ......................................................................................................................... 13

REGULATION AND USE OF VEHICLES .......................................................... 11

A. B.

SIGNAGE ........................................................................................................... 11
A. B. C.

9 10

BUILDING AWNINGS OR SHADE STRUCTURES ........................................... 13 UPGRADED WATER MAIN ............................................................................... 13

A. B. C. D. E. F. G. H. Design of Water Main ............................................................................................................ 14 Bidding for Construction ........................................................................................................ 14 Award of Construction Bid ..................................................................................................... 14 Financial Participation ........................................................................................................... 14 Maintenance of Facilities ....................................................................................................... 14 City Inspection ....................................................................................................................... 14 City Ordinance, Code and Street Standards Compliance ........................................................ 14 Dedication of the Upgraded Water Main ............................................................................... 15

11 12

WAIVER ............................................................................................................. 15 INVALIDITY AND FORCE MAJEURE ............................................................... 15

1

76 Country Boulevard Pedestrianway Easement Staff Review Draft | July 11, 2013

13 14 15 16 17 18 19 20

ADDITIONAL DOCUMENTS ............................................................................. 15 CITY ORDINANCES .......................................................................................... 15 COMPLETE AGREEMENT ................................................................................ 15 BINDING EFFECT ............................................................................................. 16 APPLICABLE LAW ........................................................................................... 16 ATTORNEYS FEES .......................................................................................... 16 NOTICES ........................................................................................................... 16 APPROVAL BY BOARD OF ALDERMAN ........................................................ 16

76 Country Boulevard Pedestrianway Easement Staff Review Draft | July 11, 2013

THIS AGREEMENT is made and entered into this _____ day of _______________, 20 _____, by and between the CITY OF BRANSON, a municipal corporation located in the State of Missouri, (City) and __________________, (_______ [last name of property owner] or Grantor).

WITNESSETH: WHEREAS, the City has determined that it is beneficial to the current residents, businesses, and tourists and the future economic development of the community to design and construct a pedestrian-oriented walkway along 76 Country Boulevard for the purposes of establishing a safe and inviting area for pedestrians to move between the various businesses and attractions located on 76 Country Boulevard (76 Country Boulevard Pedestrianway or Pedestrianway); and WHEREAS, the Pedestrianway shall extend up to five miles, from approximately Shepard of the Hills Parkway on the west to US 65 on the east; and WHEREAS, construction of the Pedestrianway shall require the granting of a minimum 25-foot wide easement measured from ___________ to ___________ [identify general location of measurement, e.g., from back-of-curb] along a series of properties with frontage along 76 Country Boulevard; and WHEREAS, ____________ [name of owner] is currently the owner of certain real property located within the 76 Country Boulevard Pedestrianway Project Area in Taney County, Missouri, and within the city limits of Branson, Missouri (_________ [name of owner] Property), as more particularly described in Exhibit A,1 attached hereto and incorporated herein; and, WHEREAS, the City and __________ [name of owner] agree that it is in their mutual interest for ______________ [name of owner] to grant to the City a perpetual easement in, along, and upon a location as generally identified on Exhibit B (Joint Use Easement) to allow for construction, operation and maintenance of the 76 Country Boulevard Pedestrianway on the ______ [name of owner] Property; and, WHEREAS, City or its assigns (i.e., a specific purpose Community Improvement District) shall pay the cost(s) for design, construction, specified maintenance, and operation of the 76 Country Boulevard Pedestrianway on Grantors property. The City shall develop an operational restoration plan implementing provisions outlined in the Exhibit B, Conceptual Design Plan, for the Grantors review and shall pay all reasonable costs, including obtaining any needed variances, for developing and implementing such plan. City shall additionally provide specified

Exhibit A shall identify the 25-foot easement granted for the Pedestrianway from a specific property. 3

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assistance and financial support for Grantor sign and other improvements relocation as identified in this Agreement.2 NOW, THEREFORE, in consideration of the above premises and the covenants hereinafter set forth, the parties hereby agree as follows:

DEFINITIONS

Except as otherwise specified in this Agreement, the following terms shall be defined as provided in this section. ADA The Americans with Disabilities Act of 1990. ADAAG ADA Accessibility Guidelines for Buildings and Facilities. Chicane A design feature used to slow and direct automobile or non-motorized traffic. City The City of Branson, Missouri, or its assigns (e.g., a Community Improvement District CID). Grantors Premises The grantors property exclusive of the 25 foot wide Joint Use Easement. Level of Service Scale that defines the operating conditions on the Pedestrianway. Pedestrian Any human, non-motorized, ambulatory user of the Pedestrianway, such as walkers, joggers, runners, bicyclists, tourists, visitors, shoppers, customers, and/or invitees of the Grantor. Pedestrian also includes persons with disabilities using motorized or non-motorized assistive ambulatory devices. PROWAG U.S. Access Boards formal set of proposed guidelines for accessible rights-of-way.

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A.

GRANT, PURPOSE, AND USE

The Grantor hereby conveys to the City a 25-foot wide easement running the length of the Grantors frontage along Missouri Route 76 for the primary purpose of constructing, operating and maintaining the 76 Country Boulevard Pedestrianway and adjoining buffers.

These provisions may need to be changed for later agreements where the City will not be paying to construct the Pedestrianway or relocate signs or some existing improvements. 76 Country Boulevard Pedestrianway Easement Staff Review Draft | July 11, 2013 4

B.

The primary purpose of the Pedestrianway shall be to provide pedestrians, tourists, visitors, customers, and shoppers, and Grantors invitees a means of travel, across, through, and accessing to the entirety of the frontage of the grantors property abutting the Pedestrianway. The Pedestrianway may also be used by the Citys employees using motorized devices, subject to the restrictions on speed limit and vehicle type in Section 7.B, for maintenance, safety, security and integrity of the Pedestrianway and the users thereof. Subject to a permit issued by the City and described in Section 7.A, the Pedestrianway may be used for Grantors limited on-premise shuttle service.

C.

D.

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A.

DESIGN AND CONSTRUCTION OF PEDESTRIANWAY

LENGTH OF PEDESTRIANWAY It is the Citys intent to extend the Pedestrianway, or its functional equivalent, from Grantors property for an extent of up to five miles, from approximately Shepard of the Hills Parkway on the west to US 65 on the east, if enabled by similar easements from property owners along the Pedestrianway and the negotiation of financing of such Pedestrianway (and each portion thereof) as is acceptable to the City. B. CONSTRUCTION TIME FRAME The Parties mutually recognize that the time required for the completion of Construction of the entire anticipated length of the Pedestrianway will be exte nsive and multiple factors will affect the time required for such. However, one of the critical elements affecting the pace of progress will be the cooperative actions of the various owners of property (Grantors) fronting the Pedestrianway. The expedit ious execution of easements by the Grantors so that the project can commence for the combined benefit of all Grantors, is of utmost importance in both starting and completing the project. Owners (Grantors) are, therefore, encouraged to execute and return to the City the required easements at the earliest practicable time. The City will commence construction of a portion of the Pedestrianway within the length described in Section 3.A within five years of the date of this Agreement. If construction is not commenced within the five year period, this Agreement shall be null and void. Grantors property shall remain physically undisturbed until commencement of construction of the Pedestrianway on Grantors property. Access to Grantors property shall be maintained at all times during construction. The City will reserve the right and give consideration to prioritizing segments of the Pedestrianway, with preference to areas containing a large, continuously connected group of Owners (Grantors) which have demonstrated their desire for the proposed improvements by timely executing and delivering the required easements

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to the City as well as considering lower driveway frequency and property restoration costs.

Figure 3-A: Pedestrianway Functional Design Components

C.

DESIGN COMPONENTS As illustrated in Figure 3-A, the Pedestrianway shall be designed as follows: 1. Pedestrianway Within the easement, and where the City determines it appropriate, in constrained areas potentially using a portion of the ROW, the City shall construct and maintain the Pedestrianway to a maximum of 15 feet wide, comprised of the following segments: a. Pedestrian Flow Zone: A 12-foot wide unobstructed pedestrian flow zone that may be reduced to eight feet in width across driveways.
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b.

Banding Surface: The Pedestrian Flow Zone may have an additional 76 Country Boulevard banding surface or traversable buffer zone of up to 1 feet in width on both sides.

2.

Frontage Zone(s) A minimum five-foot wide frontage zone, buffering Grantors premise operations with those of the pedestrian zone, shall be situated between the Pedestrianway to the outside limit of the easement. The frontage zone may be reduced to three feet at driveways.

3.

Surface and Geometry All walkway surfaces of the Pedestrianway within the easement shall be firm, stable and slip resistant. The walkway geometry shall be ADA compliant, pursuant to applicable provisions of ADAAG and the (draft) PROWAG. A limited portion of the Pedestrianway surface (see Conceptual Design Plan Exhibit B) may be of a material similar to Grantors main building exterior entry, provided it meets the above performance parameters and Grantor pays all costs of its construction and maintenance.

4.

Design at Driveways a. The City shall ensure that the design and operation of the Pedestrianway and driveway crossings enhances motorists yielding to pedestrians and minimizes interruptions to the flow of tourists and shoppers. b. The Pedestrianways horizontal alignment may chicane at Grantors driveway(s), narrowing to 8 feet in width through the driveway crossing, placing the Pedestrianway cross-walk a minimum distance of 20 feet from the edge of the 76 Country Boulevard motor vehicle travelway for pedestrian safety and vehicle movement purposes. A distinctive surface pattern of the Pedestrianway/driveway area shall clearly indicate the crosswalk in a way that is consistent throughout the 76 Country Boulevard Pedestrianway for motorists and pedestrians expectations and compliance with any applicable Missouri state law, the Uniform Vehicle Code and applicable national design guidelines. The geometry of Grantors premise improvements shall allow adequate visibility to enable proper yielding.

c.

d. D. 1.

LANDSCAPING, DECORATING, AND MAINTENANCE City Obligations a. The City shall maintain the entire Joint Use Easement and shall provide the following corridor-consistent elements, implementing the intent and provisions of this Agreement, for the purposes of conveyance and convenience of visitors, shoppers, guests, Grantors invitees, and customers across and through the Joint Use Easement: 1. Hardscaping, 2. Low ground cover (i.e., landscaping such as grass) and irrigation,

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3. Lighting, 4. Underground utilities accommodation, and 5. Operational safety components (e.g., signage, striping, crosswalks). b. The City also may elect to provide the following elements: 1. Street furnishings (e.g., benches, trash receptacles, pedestrian shade provisions, water misters, etc.); Corridor thematic components;

2. Landscaping beyond grass or low ground cover; 3. 4. Public transit stop components; 5. Mid-block crosswalk pedestrian components; 6. Seasonal enhancement, or city-wide event decorations; 7. Visitor wayfinding communication; and 8. Pedestrian-level audio environment ambiance provisions. c. 2. The City shall maintain the Joint Use Easement to the same standards as it generally maintains all pedestrian walkways within the City.

Grantor Obligations The Grantor shall not sweep or deposit debris or litter from its premises into the Joint Use Easement. Grantor shall keep that portion of the Joint Use Easement adjoining and in front of Grantors property in a clean and sanitary condition.

E.

OBSTRUCTIONS The Pedestrianway shall be free of horizontal obstructions within the Joint Use Easement. The Pedestrianway shall also be free of all vertical obstructions for a height of eight feet above ground level unless varied by appeal to and approval by the Board of Alderman.

F.

LEVEL OF SERVICE The Pedestrianway shall have the capability to accommodate 20,000 pedestrians per day at a minimum level of service of B and shall: follow, when reasonably possible, applicable sidewalk geometric design standards as outlined in AASHTOs current Guide to Planning, Design and Operation of Pedestrian Facilities; maintain Bicycling LOS C; be compliant with shared use path geometric design standards as outlined in AASHTOs Guide to Development of Bicycle Facilities.

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A.

GRANTOR CONNECTION TO PEDESTRIANWAY

CONSTRUCTION OF CONNECTIONS 1. City Responsibility The City shall construct all connections within the Joint Use Easement from Grantors primary building entrance to the Pedestrianway. The Grantor shall be responsible for all portions of construction and maintenance outside of the Joint Use Easement. 2. Grantor Responsibility All grade transitions of the connections from the grantors building entrance(s) to the Pedestrianway shall be the responsibility of the Grantor. With the exception of a maximum longitudinal grade transition of 5 percent within the outermost 5 feet of the easement (i.e., the Frontage zone), grade transitions shall be accomplished outside of the 25 foot easement;

B. 1.

MAINTENANCE OF PEDESTRIAN FLOW Grantor Responsibility Grantor shall have unrestricted physical walkway connections to the Pedestrianway, except that: a. No buildings entry doors gates or similar moving entry features of the Grantors premises shall protrude or encroach more than 3 feet into the 25-foot Joint Use Easement nor shall they or their operation encroach or affect the flow or operations within the Pedestrianway. Primary or secondary uses structural protrusions or encroachments in the Joint Use Easement are prohibited. All parking, loading or primary or secondary uses or structures shall be subject to a 5 foot buffer from the Pedestrianway. In no case shall operations or conditions of the Grantors property or premises affect the flow or operations of pedestrians within or through the Pedestrianway.

b. c.

INDEMNIFICATION

City shall hold Grantor harmless from all claims of invitees originating on or within the Joint Use Easement, excepting claims caused or contributed to by: 1) employees or agents of Grantor, 2) permitted motorized users of the easement who are employees or (parent tract-originating) agents of the Grantor, or 3) Grantors signs and structures that are within, abut or overhang the Joint Use Easement.

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A.

ACTIVITIES ALONG AND WITHIN THE JOINT USE EASEMENT

VENDING, SALES, AND SOLICITATION PROHIBITED Pedestrians, tourists, visitors, customers, invitees, and who are entering the Pedestrianway for the purposes of traveling through, shall be able and expected to move at a customary pace, without delay, except to patronize Grantors premises. No vending, sales, soliciting, peddling, storing, or display3 of goods, services, or merchandise is permitted within the Joint Use Easement, except for such end of season sidewalk sales or festivals which are universal throughout the 76 Pedestrian Walkway or the City. Notwithstanding any provisions of this Agreement, such timelimited universal activities may only be conducted after application and issuance of required permits and within City Code limitations.

B.

PETS Only domesticated pets connected to and controlled by leashes are permitted to be on the Pedestrianway.

C. 1.

GRANTORS ACTIVITIES Non-Emergency Construction and Maintenance Activities Grantors activities on premises shall not be restricted except that neither operations, activities on, nor conditions of the Grantors property may interrupt, interfere with, or affect the flow, operations, safety, or convenience of pedestrians into, within, or through the Pedestrianway or Joint Use Easement. Grantor may seek a temporary easement operation permit4 from the City to conduct the following activities when they require partial interference with the Joint Use Easement: a. b. 2. Temporary activities of either construction, maintenance, or reconstruction of Grantors premises; or Brief annual maintenance of signage.

On-Premise Shuttle Service Grantors limited operation of shuttle vehicles may be allowed with a City-issued onpremise shuttle permit as described in Section 7.A. On-premise shuttle service shall be limited to the following purpose and use: a. b. c. The service is used to transport passengers solely on and through Grantors property. Shuttle trips must originate and end on Grantors premises. Shuttle trips may cross the Pedestrianway but may not stop, except to yield to pedestrians, nor load any additional passengers in the Pedestrianway.

Auto Museum shall be allowed up to four display sites of automobiles within the easement so long as they do not interfere with function and geometry of Pedestrianway as established within this Agreement 4 We anticipate that this may be a new permit that the City will issue for private work done with access from the Joint Use Easement.

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3.

Urgent and Emergency Activities The repair or restoration of failed premise-sustaining utilities lines within the Joint Use Easement and connecting to Grantors property shall be considered as urgent or emergency activities. However, the City must be notified sufficiently in advance of any urgent or emergency activity that may interrupt pedestrian traffic to enable City to safely re-route pedestrians around such urgent or emergency utility repair and service restoration.

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A.

REGULATION AND USE OF VEHICLES

ON-PREMISE SHUTTLE PERMIT REQUIRED The City shall establish an on-premise shuttle operation permit process5 that is designed to review Grantors on-premise shuttle requests with the purpose of preserving and maintaining the safe and orderly function of pedestrians, tourists, visitors, and shoppers along the extent of the Pedestrianway as well as preventing interruption, interference or negative effects to the flow or operations of pedestrians within or through the Pedestrianway. On-premise shuttles shall be operated in a manner that is consistent with the use of the Pedestrianway by groups of unaccompanied minors as well as senior citizens. The City shall consider the following criteria in determining whether to issue an on-premise shuttle permit: a. Impact to, and provisions for preservation of the operational standards (especially Section 3.F.) of the Pedestrianway, including the flow, convenience, or operation of the facility and ability to maintain pedestrian level of service; Anticipated number and frequency of shuttles on the Pedestrianway; and Origin and destination facilities for shuttles, but in no case shall shuttles of the Grantor, or any other outside parties, be allowed or permitted to travel the easement to another premises (separate parcels of land).

b. c.

B.

VEHICLE USE a. b. c. All shuttles, bicyclists, and other authorized vehicles within the Pedestrianway shall yield to pedestrians. The maximum operating speed of any vehicle within the Pedestrianway shall be 5 miles per hour. Failure to comply with the standards of this Agreement shall be grounds for immediate removal of vehicles and/or revocation of any on-premise shuttle permits, as determined by the City.

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A.

SIGNAGE
VERTICAL CLEARANCE Signs shall not protrude or encroach into the Joint Use Easement below 8 feet vertically above ground level or the surface of the Pedestrianway, whichever is appropriate.

We anticipate that this will be a new permit that the City will issue for the use of on-premise shuttle service.

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B. 1.

SIGN RELOCATION Relocation or Preservation of Existing Sign Grantor may elect to maintain one existing, legally-permitted sign within or proximate to the easement subject to the Citys applicable sign regulations. Grantor shall submit a written request to maintain an existing sign to the City within 120 days of execution of this Agreement. The request6 shall: a. b. 2. Describe the signs specifications (i.e., physical parameters and electrical power needs - dimensions, weight and electrical, etc.), and Identify requested locational changes necessary to maintain the sign in conformance with the requirements of the Joint Use Easement.

City Provision of Sign Pedestal If the City determines that accommodation of the Grantors sign in its present location, or above proposed relocation does not, or cannot with modifications, enable the easement and Pedestrianway to meet the afore-established functional objectives and operating provisions, the City shall, within 60 days of receiving Grantors request, at its sole cost, provide the plans for a sign pedestal foundation, column and standard mounting base/bracket and electrical conduit for one sign on Grantors premises. Following the Grantors acceptance of said design (within 30 days of receipt), the City shall also provide to Grantor up to $_______ reimbursement for the existing signs one-time modification to be affixed to the installed pedestal. The City shall ensure that aforementioned sign pedestal and appurtenances shall be in place for sign relocation within 60 days.7

3.

Location of and Design of Sign Pedestal a. The pedestal shall either straddle the Pedestrianway through a cantilevered and/or multi-columned design, or at the Citys prerogative, be a single pedestal located within the center of Pedestrianway, with suitable geometric re-design of Pedestrianway for a pedestal island. The modified sign setback shall be reduced to zero feet along the 76 Highway right-of-way. The sign pedestal shall be located at least ten feet from any driveway or public side street. b. The pedestal may be encased with a design by the City consistent with that of the Pedestrianways aesthetic theme of the district, so long as it does not violate level of service and geometric standards for safely and convenientlyfunctioning Pedestrianway, The sign pedestal may also incorporate a pedestrian shade element, but the shade element shall not protrude, as established within this Agreement into the Pedestrianway, nor be structurally affixed to Grantors premises. Any non-copy or non-graphic (e.g., structural) elements of any monument signage within the 25 foot easement shall comply with the 76 Country Boulevard Corridor Master Plans aesthetic design themes, as established in the Zoning Overlay District.

c.

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We anticipate that the City will create a standard application for this request. Process and timing will need further development and refinement

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The Grantor shall provide a circuit breaker, accessible to the City, for the signs electric power within the outer 5 feet of the 25 foot easement in the property-side frontage buffer zone. In lieu of above election for signage to remain within the easement, the Grantor may request that the City provide up to $_______ of a onetime reimbursement for the construction and installation of a building-mounted sign on the Grantors premises. The election must be made by Grantor in writing to the City within one year of the effective date of this Agreement and the reimbursement request shall be submitted to the City within three years of the effective date of this Agreement. C. MAINTENANCE Grantor shall maintain the appearance and operation of the sign pursuant to the requirements of the Branson Sign Code. Grantor shall be solely responsible for the removal of abandoned or destroyed signs. The city may remove any abandoned or destroying sign which has not been removed by Grantor within _____ days after abandonment or destruction and upon notification as required by the Branson City Code, if any. The cost of removal shall be charged to the Grantor.

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A. B. C.

BUILDING AWNINGS OR SHADE STRUCTURES

Grantor may provide building awnings and/or shade structures within the Joint Use Easement subject to city permit approval. Shades structures are subject to the vertical clearance requirements of Section 8.A and the construction, materials, and maintenance requirements of the Branson Sign Code. If shade structure support elements encroach into the Joint Use Easement, as authorized in the aforementioned permit, they shall be consistent with the 76 Country Boulevard Corridor Master Plans aesthetic design themes as established in the Zoning Overlay District.

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UPGRADED WATER MAIN

Review Comment: This section was included specifically for a water main upgrade and reimbursement along the Auto Museum property. It will need to be removed for other Agreements. As part of this Agreement, the City and Grantor also agree to relocate an existing eight-inch City water main located on Grantors property, upgrade the existing main to a 12inch water main, and install the new water main in a location as generally identified on Exhibit B attached hereto and incorporated herein to allow for construction and redevelopment.

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A.

DESIGN OF WATER MAIN Grantor agrees to retain a professional engineer, registered in the State of Missouri, to design and engineer proper abandonment of the existing eight -inch water main and the installation of a 12-inch water main as generally depicted and identified in Exhibit B. The professional services contract with the engineer shall be approved by the City Engineering Department and Board of Aldermen, including the scope of work and the maximum engineering fee, prior to any work being performed.

B.

BIDDING FOR CONSTRUCTION Upon completion of the water main design plans and approval of the plans by City, Grantor shall obtain sealed bids from experienced contractors to perform the water main construction work following specifications as stated herein. Failure to properly receive and open bids using a sealed bidding process shall constitute a breach of contract and this Agreement for the Auto Museum property shall be deemed void.

C.

AWARD OF CONSTRUCTION BID Following receipt, Grantor shall submit all bids to the City Engineering Department for review. City reserves the right to reject any and all bids. Following review City shall, at its discretion and pending Board of Aldermen approval of the lowest and best bid for construction of the water main work, issue a notice to proceed.

D.

FINANCIAL PARTICIPATION Upon acceptable completion, City shall reimburse Grantor for 100% of the costs of the engineering, design and installation of the new water main and proper abandonment of the existing main. All construction work to be performed to properly abandon the existing water main and install the new main shall be completed within 150 days after City approval is obtained.

E.

MAINTENANCE OF FACILITIES Upon completion of the installation and after a one-year maintenance guarantee (covering both labor and material) by Grantor, City shall be responsible for all future maintenance of the water main.

F.

CITY INSPECTION Grantor agrees to allow City to inspect, observe, and oversee the construction of the water main work and appurtenances in order to ascertain and determine compliance with the Public Improvement Standards and the ordinances of City. Notwithstanding the foregoing, Grantor shall complete the installation of the water main in accordance with the plans approved by City.

G.

CITY ORDINANCE, CODE AND STREET STANDARDS COMPLIANCE Except as provided for herein, Grantor agrees to comply with the Public Improvement Standards at Chapter 530, the latest version of the building codes or International Building Codes (IBC), and health codes adopted by City. No work is to be performed until the design has been approved by the City Engineering

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Department and required permits have been issued. Non-compliance with City building code requirements is sufficient grounds for termination of this Agreement by City. Grantor agrees to design, engineer, and install the water main in accordance with the technical specifications for public improvement projects, codified at Chapter 530 of City Code. H. DEDICATION OF THE UPGRADED WATER MAIN Upon (a) the completion of the water main installation by Grantor in accordance with this Agreement, and (b) the receipt by Grantor of all funds described in Section 10.D above, Grantor shall convey and dedicate the water main to City along with an easement sufficient to allow City to repair and maintain the water main, and City shall accept such conveyance and easement, subject to Grantors guaranty as set out in E. above.

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WAIVER

Nothing contained in this Agreement shall constitute or be interpreted as a repeal of the ordinances or resolutions of City, nor as a waiver of City's legislative, governmental, or police powers to promote and protect the public health, safety, and welfare.

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INVALIDITY AND FORCE MAJEURE

The parties hereto agree that if any part, term, portion, or provision of this Agreement is held by a court of competent jurisdiction to be illegal or in conflict with any law of the State of Missouri, the validity of the remaining parts, terms, portions, or provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the invalidity. The failure of performance of the construction obligations and conditions on behalf of City pursuant to this Agreement resulting from acts of God, war, act or incidence of terrorism, civil insurrection or riot shall not be a breach or an event of default of City pursuant to this Agreement.

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ADDITIONAL DOCUMENTS

The parties agree that each will cooperate with the other in accomplishing the terms, conditions, and provisions of this Agreement, and will execute such additional documents as necessary to carry out the purpose of the parties as set forth in this Agreement.

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CITY ORDINANCES

Unless otherwise specifically provided herein, any reference to any City ordinance, resolution, or policy is intended to refer to any subsequent amendments or revisions to such ordinance, resolution, or policy, and that such amendments or revisions shall be binding upon Grantor, its successors and assigns.

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COMPLETE AGREEMENT

The parties agree that this writing is the complete Agreement between the parties, and that there are no promises, representations or understandings not expressly set forth herein. This
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Agreement can only be modified in a writing, signed by both parties, and approved by City with the passage of an ordinance approving the modification, addendum or amendment.

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BINDING EFFECT

Except as specifically stated herein, the parties agree that this Agreement shall be binding upon the parties, their heirs, personal representatives, successors and assigns.

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APPLICABLE LAW

Any controversy or claim arising under or in relation to this agreement, or any modification of it, shall be brought in the Circuit Court of Taney County, Missouri in accordance with the laws of Missouri and the parties' consent to the exclusive jurisdiction of the Circuit Court of Taney County, State of Missouri, and further consent that any process in need of service outside Missouri, may be served outside Missouri by registered mail or by personal service, as may be permitted by Missouri law.

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ATTORNEYS FEES

In the event either party fails to perform any of its obligations under this Agreement or in the event a dispute arises concerning the meaning or interpretation of any provisions of this Agreement, the defaulting party or the party failing to prevail in such dispute, as the case may be, shall pay any and all costs and expenses incurred by the other party in enforcing or establishing its rights hereunder, including without limitation, court costs and reasonable attorney's fees.

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NOTICES

Any notices required herein shall be sent in the U.S. Mail, either registered or certified, return receipt requested, to the parties at the following addresses and shall be deemed given three days after sent: CITY: THE CITY OF BRANSON, MISSOURI City Administrator 110 W. Maddux Street Branson, MO 65616 GRANTOR:

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APPROVAL BY BOARD OF ALDERMAN

This Agreement shall be in full force and effect upon approval of this Agreement by a majority of the Board of Alderman of the City of Branson, Missouri, which shall be sought at the earliest possible time, but no later than such regular meetings of the Board after the date of execution of this Agreement as may be required for approval by the Board. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. By: ________________________________ Name, Grantor
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_______________________ Title
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City of Branson

By: ________________________________ Raeanne Presley, Mayor

Approved as to Form:

Attest: ______________________________ ________________________ Lisa K Westfall

Leland L. Gannaway

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