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BLUE SPRINGS CITY COUNCIL MEETING June 2, 2014 6:30 p.m. Multipurpose Room of Municipal Annex 1304 W Main Blue Springs, Missouri PLEASE NOTE: Anyone wishing to address the Mayor and Council, either in a Public Hearing or in the Visitors Section of the Agenda, must fill out a Speaker’s Appearance Form. Forms are located at the entrance door of the Multipurpose Room. After completion, the form is to be given to the Assistant City Administrator. 1. Call meeting to order 2. Pledge of Allegiance 3. Consent Agenda All matters under Item 3, Consent Agenda, are considered to be routine by the City Council and will be enacted by one motion in the form listed below. There will be no separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. a. Approve minutes of May 19 Council meeting b. Adopt Resolution No. 57-2014 adopting the revised Main Center Redevelopment Corporation (MCRC) Tax Abatement Policy c. Adopt Resolution No. 58-2014 approving contracts with bands, performing groups and individual contractors for the Parks and Recreation Department’s “Music in the Park” Summer Concert Series d. Adopt Resolution No. 59-2014 authorizing execution of a General Warranty Deed conveying right-of-way to the Missouri Department of Transportation e. Adopt Resolution No. 60-2014 approving an agreement with ExteNet Systems, Inc., a telecommunications utility, for the installation of a distributed antenna system to augment wireless capacity and coverange f. Approve appointment/reappointments to Boards/Commissions 4. Presentation- Chamber Leadership Class 5. Presentation – 2013 Annual Report Police Department 6. Introductions & readings of Bill No. 4318 approving an agreement with Special Counsel for legal representation 7. Mayoral Announcements Thoughts to Ponder 8. Visitors 9. Executive Session to discuss real estate matters pursuant to Section 610.021(2) of the Revised Statues of Missouri

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BLUE SPRINGS CITY COUNCIL MEETING June 2, 2014 6:30 p.m.

Multipurpose Room of Municipal Annex 1304 W Main

Blue Springs, Missouri PLEASE NOTE: Anyone wishing to address the Mayor and Council, either in a Public Hearing or in the Visitors Section of the Agenda, must fill out a Speaker’s Appearance Form. Forms are located at the entrance door of the Multipurpose Room. After completion, the form is to be given to the Assistant City Administrator. 1. Call meeting to order

2. Pledge of Allegiance

3. Consent Agenda

• All matters under Item 3, Consent Agenda, are considered to be routine by the City Council and will be enacted by one motion in the form listed below. There will be no separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately.

a. Approve minutes of May 19 Council meeting b. Adopt Resolution No. 57-2014 adopting the revised Main Center Redevelopment

Corporation (MCRC) Tax Abatement Policy c. Adopt Resolution No. 58-2014 approving contracts with bands, performing groups

and individual contractors for the Parks and Recreation Department’s “Music in the Park” Summer Concert Series

d. Adopt Resolution No. 59-2014 authorizing execution of a General Warranty Deed conveying right-of-way to the Missouri Department of Transportation

e. Adopt Resolution No. 60-2014 approving an agreement with ExteNet Systems, Inc., a telecommunications utility, for the installation of a distributed antenna system to augment wireless capacity and coverange

f. Approve appointment/reappointments to Boards/Commissions 4. Presentation- Chamber Leadership Class

5. Presentation – 2013 Annual Report Police Department

6. Introductions & readings of Bill No. 4318 approving an agreement with Special Counsel

for legal representation

7. Mayoral Announcements Thoughts to Ponder

8. Visitors

9. Executive Session to discuss real estate matters pursuant to Section 610.021(2) of the

Revised Statues of Missouri

10. Adjourn

Miscellaneous Items Park Commission Meeting – Tuesday, June 3, 6:00 p.m., East Conference Room of City Hall, 903 W Main Public Art Commission Meeting – Monday, June 9, 3:30 p.m., East Conference Room of City Hall, 903 W Main Planning Commission Meeting- Wednesday, June 9, 6:30 p.m., Municipal Annex, 1304 W Main Street Public Safety Citizens Advisory Board – Tuesday, June 10, 6:00 p.m., East Conference Room of City Hall, 903 W Main Board of Zoning Adjustment - Wednesday, June 11, 6:30 p.m., Municipal Annex, 1304 W Main Street City Council Meeting - Monday, June 16, 6:30 p.m., Municipal Annex, 1304 W Main Street

City of Blue Springs Memorandum Office of Administration TO: Mayor, City Council, Department Directors, and Press FROM: Eric Johnson City Administrator DATE: May 29, 2014 SUBJECT: Agenda Explanations Item 3b- Adopt Resolution approving revised Main Center Redevelopment Corporation (MCRC) Tax Abatement Policy Resolution will approve the Main Center Redevelopment Corporation’s (MCRC) Tax Abatement Policy. The downtown 353 incentive program is intended to stimulate improvements to Main Center properties by providing an innovative public-private financing mechanism, while promoting the goals of the adopted Downtown Master Plan. Refer to the Council Information Form from Assistant City Administrator Christine Cates for further information. Item 3c-Adopt Resolution approving and authorizing the City Administrator to enter into contracts with bands, performing groups and individual contractors for the Parks and Recreation Department’s “Music in the Park” Summer Contract Series Resolution will approve contracts with bands for the Parks and Recreation Department’s “Music in the Park” Summer Concert Series, not to exceed $500.00 per contract and authorize the City Administrator to sign them. Refer to the Council Information Form from Pam Buck, Recreation Superintendent, for further information. Item 3d- Adopt Resolution authoring execution of a General Warranty Deed conveying right-of-way to the Missouri Department of Transportation Resolution will approve conveying a Warranty Deed to the Missouri Department of Transportation (MoDOT) for the right-of-way along Woods Chapel Road from the south Outer Road to Jefferson Street. Refer to the Council Information Form from Public Works Director Chris Sandie for further information. Item 3e – Adopt Resolution approving an agreement with ExteNet Systems, Inc. a telecommunications utility, for the installation of a distributed antenna system to augment wireless capacity and coverage Resolution will approve an agreement with ExteNet Systems, Inc. This is a telecommunications utility that sets up a distributed antenna system which augments wireless capacity or extends coverage for the wireless network. The carrier that ExteNet is working with in Blue Springs is Verizon. Refer to the Council Information Form from City Attorney Bob McDonald for further information. Item 3f – Approve appointments/reappointments to City Boards/Commissions Mayor Ross is recommending appointments/reappointments as follows: Human Relations Commission –

Appointment - Jane Bowerman Personnel Board – Appointment – Calvin Lewis Reappointment – Jim Mitchell Planning Commission – Reappointments – George Abbott

May 29, 2014 Page 2 Lynn Banks Travis Graham Solid Waste Commission – Reappointment – Robert Fasl Item 4- Presentation – Chamber Leadership Class Lara Vermillion, Blue Springs Chamber of Commerce, will introduce the 2013-2014 Leadership Blue Springs Class. Member of the 2013-14 Leadership Class were: Shannon Bray, Karen Brown, Charlie Gardner, Kim Hipsher, Colby Lalli, Justus Matende, Bob Muenz, Lacy Randall, Jacqueline Reed, Shannon Sundberg, Glen Weichold, Kelli Montgomery, Gail Porter, Ben McCabe, Justin Stuart, Susan West, Rachel Uptergrove, Abbie Swisher, Rhonda Sullivan, Joe Kraemer, Greg Johnson. Committee Chairs: Stacey Edwards, Andrea Toney, and Glen Nash. Item 5 – Presentation – 2013 Annual Police Department Report Chief McCoy will give the 2013 annual report that summarizes department activities through the end of 2013. Item 6- Bill approving an agreement with Special Counsel for legal representation Bill will approve a contract with Bob McDonald to provide as needed legal services and representation to the City and the Blue Springs Land Bank during the transition and break-in period of the incoming City Attorney. Refer to the Council Information Form from City Attorney Bob McDonald for further information.

Unapproved

CITY OF BLUE SPRINGS, MISSOURI MINUTES OF COUNCIL MEETING

MAY 19, 2014

A meeting of the City Council of the City of Blue Springs, Missouri, was held Monday, May 19, 2014, 6:30 p.m. in the Multipurpose Room of the Municipal Annex, 1304 Main Street with Mayor Carson Ross presiding.

COUNCILMEN IN ATTENDANCE

Jeff Quibell Chris Lievsay Ron Fowler

Dale Carter Kent Edmondson Susan Culpepper

Also present were City Administrator Eric Johnson, City Attorney Bob McDonald and Assistant City Clerk Kelli Montgomery

CALL MEETING TO ORDER

Mayor Ross called the City Council meeting to order.

PLEDGE OF ALLEGIANCE

The Mayor held a moment of silence and led the audience in the Pledge of Allegiance.

MAYOR COMMENTS

Mayor Ross gave a brief recap of the meeting agenda and explained the Consent Agenda.

APPROVE CITY COUNCIL MINUTES

Councilman Edmondson moved to approve the minutes of the May 5, 2014 Council meeting. Motion seconded by Councilman Carter and carried with the following votes:

Quibell – Aye Lievsay –Aye Fowler – Aye

Carter - Aye Edmondson – Aye Culpepper – Aye

APPROVE LIQUOR LICENSE FOR SINCLAIR’S RESTAURANT LLC

Councilman Edmondson moved to approve a liquor license for Sinclair’s Restaurant LLC for sale of intoxicating liquor by the drink and in the original package (including Sundays), located at 1402 NW 7 Hwy. Motion seconded by Councilman Carter and carried with the following votes:

Quibell – Aye Lievsay –Aye Fowler – Aye

Carter – Aye Edmondson – Aye Culpepper – Aye

ADOPT RESOLUTION NO. 55-2014 FENCE REPAIR

Councilman Edmondson moved to adopt Resolution No. 55-2014 approving a contract with General Fence LLC for fence repair at 106 NW Arbor Drove. Motion seconded by Councilman Carter and carried with the following votes:

Quibell – Aye Lievsay – Aye Fowler - Aye

Carter – Aye Edmondson – Aye Culpepper - Aye

ADOPT RESOLUTION NO. 56-2014 PARK PLAYGROUND SURFACE

Councilman Edmondson moved to adopt Resolution No. 56-2014 approving a contract with Taylormade Co. in Missouri d/b/a “Taylormade Company Construction” for playground surface at Blue Springs Park Playground. Motion seconded by Councilman Carter and carried with the following votes:

Unapproved

Quibell – Aye Lievsay – Aye Fowler – Aye

Carter – Aye Edmondson – Aye Culpepper - Aye

PUBLIC HEARING VACATING COUNTRY CLUB SOUTH LOT 36 UTILITY EASEMENT (VAC-1-14-4272)

Mayor Ross opened the public hearings vacating a utility easement at Country Club South, Lot 36. The property is located at 416-418 NE Highland Drive. The minutes of the public hearings were recorded by a certified court reporter.

STAFF REPORT

Scott Allen, Director of Community Development, introduced the property and gave the address of vacation. He stated the property will be duplexes and just a KCP&L line and utility easement needs to be relocated. He also stated that his project was delayed due to legal documentation needed, all of which is now in order. This vacation was approved unanimously by the Planning Commission in February.

APPLICANT Matt Slich, with Engineering Solutions spoke on behalf of the applicant. He stated the purpose of the utility easement vacation was to combine two lots to make one property. The Mayor hearing no further comments for or against closed the public hearing at 6:35 p.m.

INTRODUCTIONS & 1ST READING BILL NO. 4314 VACATING A UTILITY EASEMENT (VAC-1-14-4272)

Councilman Fowler introduced Bill No. 4314 vacating a utility easement on Lot 36, Country Club South, a subdivision in Blue Springs, Jackson County, Missouri (VAC-1-14-4272). Mr. Johnson made the first reading of Bill No. 4314, by title; copies of the proposed Bill having previously been made available to the public. Councilman Fowler moved to approve Bill No. 4314 upon its first reading and proceed with the second reading. Motion seconded by Councilman Carter and carried unanimously.

2ND READING- BILL NO. 4314 (VAC-1-14-4272)

Mr. Johnson made the second reading of Bill No. 4314, by title. Councilman Quibell moved to adopt Bill No. 4314 upon its second reading and give it ORDINANCE NO. 4488 with a copy attached hereto and made a part of the minutes. Motion seconded by Councilman Culpepper and carried with the following votes:

Lievsay – Aye Fowler – Aye Carter – Aye

Edmondson – Aye Culpepper – Aye Quibell – Aye

INTRODUCTION & 1ST READING- BILL NO. 4315 FINAL PLAT FOR LOT-36A COUNTRY CLUB SOUTH

Councilman Edmondson introduced Bill No. 4315 Mr. Johnson made the first reading of Bill No. 4315, by title; copies of the proposed Bill having previously been made available to the public. Councilman Fowler moved to approve Bill No. 4315 upon its first reading and proceed with the second reading. Motion seconded by Councilman Carter and carried unanimously.

2ND READING- BILL NO. 4315

Mr. Johnson made the second reading of Bill No. 4315, by title. Councilman Quibell moved to adopt Bill No. 4315 upon its second reading and give it ORDINANCE NO. 4489 with a copy attached hereto and made a part of the minutes. Motion seconded by Councilman Lievsay and carried with the following votes:

Fowler- Aye Carter- Aye Edmondson- Aye

Culpepper- Aye Quibell- Aye Lievsay- Aye

Unapproved

PUBLIC HEARING- CAPITAL IMPROVMENTS PROGRAM

Mayor Ross opened the public hearings on the 2014-2015 through 2019-2020 Blue Springs Capital Improvements Program. The minutes of the public hearings were recorded by a certified court reporter.

STAFF REPORT Jim Holley, Assistant Director of Community Development gave a presentation on the Capital Improvements Project (CIP) for 2014-15 through 2019-20. Eric Johnson, City Administrator, introduced the Exhibits for the Capital Improvements Project public hearing. Mr. Holley showed a PowerPoint presentation that highlighted all the projects. Mr. Holley thanked Councilmen Jeff Quibell, Kent Edmondson and Ron Fowler for participating on the CIP Review Committee. The 2014-15 through 2019-20 projects and budget are consistent with past CIP budgets and directives provided by the City Council. The projects this year were once again listed in two categories, funded and unfunded, with the majority of projects providing maintenance/rehabilitation or equipment replacement. Fifteen projects are proposed to be funded, with 79 to remain unfunded. The total budget for the six year period is approximately $178.7 million, including both funded and unfunded projects. Mr. Holley did mention two previously unfunded projects that had been brought forward, Tri-County Water Upgrade and 12,000 lb Hydraulic Excavator. Mr. Holley then opened for any questions or comments from the Council. Councilman Fowler stated that he knew this took a lot of work and that staff was certainly appreciated. The Mayor hearing no further comments for or against closed the public hearing at 6:44 p.m.

INTRODCUTION & 1ST READING- BILL NO. 4316 2014-15 THROUGH 2019-20 CAPITAL IMPROVEMENTS PROGRAM

Councilman Edmondson introduced Bill No. 4316 adopting the City of Blue Springs Capital Improvements Program for fiscal year 2014-2015 through 2019-2020. Mr. Johnson made the first reading of Bill No. 4316, by title; copies of the proposed Bill having previously been made available to the public. Councilman Fowler moved to approve Bill No. 4316 upon its first reading and proceed with the second reading. Motion seconded by Councilman Carter and carried unanimously.

2ND READING- BILL NO. 4316

Mr. Johnson made the second reading of Bill No. 4316, by title. Councilman Quibell moved to adopt Bill No. 4316 upon its second reading and give it ORDINANCE NO. 4490 with a copy attached hereto and made a part of the minutes. Motion seconded by Councilman Edmonson and carried with the following votes:

Carter- Aye Edmondson- Aye Culpepper- Aye

Quibell- Aye Lievsay- Aye Fowler- Aye

DISCUSSION- CDBG ANNUAL ACTION PLAN

Scott Allen, Director of Community Development, began the second discussion of the CDBG Annual Action Plan. He stated this discussion would go a little more into detail to gain input and feedback, as the final plan is due to HUD by August. He presented a PowerPoint presentation showing the items listed from lowest to highest, giving the top ten items for consideration. He also went into more detail about each project. Mr. Allen stated this year the City would be allocated $220,000 in funds and some would be carried over from last year as well. He stated they would be back to have one more discussion on June 16 and then on August 4 a public hearing and vote on the adoption of the plan would be held. Several Councilmen voiced their opinions

Unapproved

on portions of the plan and thanked Mr. Allen and his staff for being there to answer their questions.

INTRODUCTION & 1ST READING- BILL NO. 4317 BUDGET AMENDMENT

Councilman Edmondson introduced Bill No. 4317 amending the 2013-2014 Annual Budget of the City of Blue Springs, Missouri. Mr. Johnson made the first reading of Bill No. 4317, by title; copies of the proposed Bill having previously been made available to the public. Councilman Fowler moved to approve Bill No. 4317 upon its first reading and proceed with the second reading. Motion seconded by Councilman Carter and carried unanimously.

2ND READING- BILL NO. 4317

Mr. Johnson made the second reading of Bill No. 4317, by title. Councilman Quibell moved to adopt Bill No. 4317 upon its second reading and give it ORDINANCE NO. 4491 with a copy attached hereto and made a part of the minutes. Motion seconded by Councilman Edmondson and carried with the following votes:

Edmondson- Aye Culpepper- Aye Quibell- Aye

Lievsay- Aye Fowler- Aye Carter- Aye

MAYORAL ANNOUNCEMENTS

Mayor Ross had two announcements: 1. He informed Council that at the next meeting the

Public Safety Presentation would be made to the Council and informed them that the packets for the presentation were at their seats already so they can look at them before the meeting.

2. Thursday, May 15 was the Annual Dancing with the Chamber Stars, which Mayor Ross helped judge. He was pleased to announce that Councilman Chris Lievsay and City Communications Director Kim Nakahodo took home the People’s Choice Award for their Hip Hop routine. Councilman Lievsay brought the trophy for everyone to admire.

Mayor Ross wanted to remind everyone that the upcoming weekend was Memorial Day Weekend. He stated that everyone needed to remember that it wasn’t just a weekend for pool openings and barbeques, that it was a national holiday to honor those that have given the ultimate sacrifice. He also stated that earlier that afternoon he had the pleasure of hearing Marcus Littrell, the Lone Survivor, speak about his experience, which also emphasized what Memorial Day means. He finished with reminding everyone that Monday was the National Day of Remembrance and asked that everyone pause to honor the dead. Thoughts to Ponder: “That from these honored dead we take increased devotion to that cause for which they gave the last full measure of devotion- that we here highly resolve that these dead shall not have died in vain.” President Abraham Lincoln- Gettysburg Address, November 19, 1863

MOTION TO GO INTO CLOSED EXECUTIVE SESSION

At 7:05 p.m. Councilman Edmondson moved the Council go into an executive session to discuss real estate matters pursuant to Section 610.021(2) of the Revised Statues of Missouri and the records remain closed. Motion seconded by Councilman Carter and carried with the following votes:

Culpepper- Aye Quibell- Aye Lievsay- Aye

Fowler- Aye Carter- Aye Edmondson- Aye

Unapproved

MOTION TO RETURN TO REGULAR SESSION

At 8:00 PM Councilman Edmondson Quibell moved that the Council return to regular session and the motion was seconded by Councilman Carter. Motion carried with the following roll call votes:

Quibell- Aye Lievsay- Aye Fowler- Aye

Carter- Aye Edmondson- Aye Culpepper- Aye

ADJOURNMENT At 8:01 p.m. there was no further business to come before the Council; Councilman Carter moved the meeting be adjourned. Motion seconded by Councilman Edmondson and carried with the following votes:

Lievsay- Aye Fowler- Aye Carter- Aye

Edmondson- Aye Culpepper- Aye Quibell- Aye

_____________________________________

ATTEST: Carson Ross, Mayor ______________________________ Kelli Montgomery, Assistant City Clerk M05192014

Council Meeting Date: 6/2/2014 Agenda Item # 3b

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Rev 05/01/2014

CITY OF BLUE SPRINGS

CITY COUNCIL INFORMATION FORM DATE: May 19, 2014 SUBMITTED BY: Christine Cates DEPARTMENT: Administration

Ordinance Resolution Presentation Public Hearing Agreement Discussion Rezoning Other

ISSUE/REQUEST

Approval of the Main Center Redevelopment Corporation’s (MCRC) Tax Abatement Policy. The downtown 353 incentive program is intended to stimulate improvements to Main Center properties by providing an innovative public-private financing mechanism, while promoting the goals of the adopted Downtown Master Plan.

BACKGROUND/EXPLANATION At the May 6, 2013, City Council meeting, the City Council adopted Resolution 40-2013 adopting a revised Main Center Redevelopment Corporation (MCRC) Tax Abatement Policy. After the adoption of this policy, two abatement applications were reviewed and approved that raised a couple of issues that the newly adopted policy did not specifically address.

1. The use of more than one incentive program for MCRC properties.

The adopted MCRC policy did not address the process that must be followed if a property owner was interested in participating in more than one incentive program for his/her property. The following language has been added to the end of Section V. Application Process to provide direction on this issue: If the applicant intends to participate in any other City incentive programs for their property, the applications must be submitted for consideration at the same time.

2. The maximum number of years each property within the MCRC district can receive tax

abatement.

The adopted MCRC policy discusses the length of abatements available under the program, but does not reference the statutory limit for 353 Redevelopment Corporations which is limited to 25 years and is based upon the property and not the owner of the property. The following language has been added to the end of Section IV, Eligible Property to provide direction on this issue:

Each property within the MCRC Redevelopment Area is eligible for property tax abatements under this policy for a maximum of 25 years in total, regardless of the number of approved abatement applications.

Council Meeting Date: 6/2/2014 Agenda Item # 3b

Page 2 of 3

Rev 05/01/2014

The MCRC Board met on Friday, May 9, 2014, to discuss and review the proposed policy. The revised policy was approved unanimously.

After the adoption of this revised policy, the City will work with the MCRC Board and Downtown Alive! to ensure the MCRC property owners are aware of and understand the policy. This MCRC Tax Abatement Policy will be reviewed again in 2018.

JUSTIFICATION After the approval of the tax abatement applications for Pizza Shoppe and America’s Community Bank, the City Council requested that the MCRC Tax Abatement Policy be revised to specifically address the use of multiple incentives and the length of abatements.

FINANCIAL IMPACT

Contractor: N/A Amount of Request/Contract: N/A Amount Budgeted: N/A Funding Source/Account #: N/A Additional Funds Needed: N/A Funding Source/Account #: N/A

PROJECT TIMELINE Estimated Start Date Estimated End Date

May 6, 2013 May 6, 2018

STAFF RECOMMENDATION

Staff recommends approval.

OTHER BOARDS & COMMISSIONS ASSIGNED Name of Board or Commission: Main Center Redevelopment Corporation Board Date: Friday, May 9, 2014 Action: Unanimous support for the policy as revised

LIST OF REFERENCE DOCUMENTS ATTACHED

1. Resolution with Exhibit A - Revised MCRC Tax Abatement Policy attached

IF CONTRACT REQUIRED:

1. E-Verify Affidavits Required? N/A 2. Contract/Affidavits Executed? N/A

Council Meeting Date: 6/2/2014 Agenda Item # 3b

Page 3 of 3

Rev 05/01/2014

REVIEWED BY Requesting Director: Christine Cates

Budget: Christine Cates

Legal:

City Administrator:

RevisedMCRC 6/2/2014

Introduced by Councilman Resolution No. 57-2014

A RESOLUTION ADOPTING THE REVISED MCRC TAX ABATEMENT POLICY

WHEREAS, the City of Blue Springs formed the Main Center Redevelopment Corporation (“MCRC”) in May 2001, to serve as a tool to bring about the revitalization of the downtown area of Blue Springs; and

WHEREAS, the purpose of MCRC is to provide a streamlined, cost-effective means for individual property owners to obtain a tax abatement incentive on their downtown properties in return for making agreed upon improvements; and

WHEREAS, the City Council last revised its policy by which the City may consider the

appropriateness of such tax abatement requests by Resolution 40-2013 on May 6, 2013; and

WHEREAS, the City Council desires to adopt a revised policy regarding the application for and consideration of MCRC tax abatement requests made to the City.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BLUE SPRINGS, MISSOURI, as follows:

1. That the MCRC Tax Abatement Policy, which is attached hereto as Exhibit A and incorporated herein by reference, is hereby adopted.

2. That this Resolution shall be in full force and effect from and after its approval and

adoption by the City Council. PASSED by the City Council of the City of Blue Springs, Missouri, and approved by the

Mayor of Blue Springs, this 2nd day of June, 2014. CITY OF BLUE SPRINGS

_________________________ Carson Ross, Mayor

ATTEST: ________________________________ Kathy Richardson, City Clerk

EXHIBIT A

City of Blue Springs, Missouri

Main Center Redevelopment Corporation Tax Abatement Policy

I. Program Statement

The intent of the Main Center Redevelopment Corporation is to strengthen the economic viability of the Main Center area by providing financial incentives for improving the appearance and structural conditions of its buildings.

Main Center has been at the heart of Blue Springs development since early 1880’s. Twelve of the 126 buildings in the redevelopment area were constructed prior to 1900, while buildings in the entire area average over 50 years old. The maturity of the area brings with it both charm as well as challenge in that many of the buildings do not conform to current standards. The Main Center Redevelopment Corporation was incorporated to allow the City of Blue Springs to assist business and property owners in meeting these challenges.

The ultimate success of the Main Center is dependent on private sector commitment. It is up to the merchants, building owners, residents, professionals and investors to improve the value of their businesses and the condition of their buildings.

This incentive program is intended to stimulate improvements to Main Center buildings by providing an innovative financing mechanism. It presents an opportunity to preserve our community’s heritage, and to enhance and promote the unique atmosphere which Main Center can provide. Successful implementation will result in a stronger Main Center and a stronger Blue Springs community.

II. Downtown Master Plan

A number of downtown buildings have been altered in a manner that does not improve the appearance or the image of Main Center. In some cases, alteration is not consistent with the overall design of the structure itself. Such building treatments are in direct conflict with the need for a comprehensive, coordinated approach to improvements.

In April 2007, the City adopted the Downtown Master Plan. It is important that structures, both in their design and use, conform to the Downtown Master Plan. Accordingly, no tax abatement shall be granted unless, at a minimum, the proposed Redevelopment Project conforms to the Downtown Master Plan as determined by the Downtown Review Board.

III. Description of Program

Pursuant to Chapter 353, RSMo, the Main Center Redevelopment Corporation has the ability to abate real property taxes for redevelopment projects. The amount and length of the tax abatement depends on which “Level” applies to the project: A, B or C. The incentive amount varies with each Level depending upon the investment amount.

2

Level A

The purpose of Level A is to attract sizable (market shifting) investments. There are two classes within Level A:

Investment Threshold: Minimum $750,000 Incentive Amount 10 years 100% abatement + 15 years at 75%

abatement

Investment Threshold Minimum $1,000,000 – Requires “But for”

economic analysis, paid for by the applicant Incentive Amount 10 years 100% abatement + 15 years at

100% abatement

Level B

The purpose of Level B is to attract mid-market investments (market stimulating):

Investment Threshold $100,000 - $749,000 Investment Amount 10 years 100% abatement + 15 years at 50%

abatement

Level C

The purpose of Level C is to attract market stabilizing investments (market stabilization):

Investment Threshold $5,000 - $99,000 Incentive Amount: Equal to cost of improvements or 100%

abatement for 10 years, whichever occurs first

Determination of qualified investment threshold. If the project involves new construction, or rehabilitation of an existing structure, interior and exterior costs may count towards the investment range. The total project budget for the investment should look to allocate 50% to exterior costs and 50% to interior costs, subject to the MCRC Board of Directors review. Interior costs shall not include furniture, appliances, inventory, trade or display fixtures. The MCRC Board of Directors shall review the project budget and make a recommendation to the City Council for approval.

Project density. A project shall generally relate to an individual land parcel, but treating multiple properties as if assembled may be appropriate depending upon the circumstances. This policy shall not generally apply to individual single family residential structures, unless it is appropriate to treat a project involving multiple structures as a whole. Commercial projects may have one or more units per structure. Impact on School District. Because new residential projects which qualify for Levels A or B have the potential to significantly generate students into the school district, affected

3

parties shall confer with the school district to identify mitigating factors, such as entering into a PILOT Agreement, as may be appropriate given such a project's financial viability. For example, one new residential single family dwelling would not generally be expected to qualify at Levels A or B, and requiring a PILOT on this lower investment amount may render this Policy's abatement inconsequential as a means to incenting development which conforms to the Downtown Master Plan. However, a multiple family residential structure (e.g., attached housing, four-plex, etc.) or subdivision may well qualify at Levels A or B and, given this higher investment amount, a PILOT Agreement would be appropriate.

“PILOT” refers to payments in lieu of taxes to be made to all taxing authorities whose property tax revenues are affected by the abatement on the same pro rata basis and in the same manner as the ad valorem property tax revenues received by each taxing authority from such property in the year such payments are due.

But-for economic analysis means that, with respect to a particular Redevelopment Project, the applicant would not reasonably be anticipated to undertake the Redevelopment Project without the tax abatement incentive, which may be evidenced by an applicant’s affidavit attesting to this fact. The cost of the but-for economic analysis will be paid for by the applicant.

IV. Eligible Property

Redevelopment projects may be located on any parcel within the MCRC Redevelopment Area. See attached Exhibit B for the redevelopment area boundaries.

Each property within the MCRC Redevelopment Area is eligible for property tax abatements under this policy for a maximum of 25 years in total, regardless of the number of approved abatement applications.

V. Application process:

Applications for the program will be accepted by the City Staff on behalf of Main Center Redevelopment Corporation. A $250.00 filing fee to MCRC is required with the application for investment Level “C” or a filing fee of $750.00 for investment Level “A” and “B”.

The Application will first be reviewed by the Downtown Review Board for a determination of whether the proposed Redevelopment Project conforms to the Downtown Master Plan. If the Downtown Review Board determines that the proposed Redevelopment Project conforms to the Downtown Master Plan, then the application will be considered by the MCRC Board of Directors for recommendation to the City Council, including a recommendation as to the appropriate incentive Level. The City Council shall then consider the MCRC recommendation. If the City Council favorably considers the application, it will adopt an ordinance approving the redevelopment project and authorizing the tax abatement. The property owner and MCRC will then enter into a Memorandum of Understanding setting forth program responsibilities and expectations and execute special warrant deeds conveying the property – albeit briefly – to MCRC and then back to the property owner, which then serves as the statutory trigger for the tax abatement.

4

The tax incentive is available for only those projects that have been approved by the City Council before the project is started. If the applicant intends to participate in any other City incentive programs for their property, the applications must be submitted for consideration at the same time.

VI. Expiration

This Tax Abatement Policy expires five (5) years from the date of City Council approval. No applications will be accepted after this five year period, but applications submitted before the end of the five year period will be processed in accordance with this Policy.

VII. Performance Audit

To assist in measuring the effectiveness of this Policy, City Staff shall collect the following benchmark data: baseline annual assessed valuation of the Redevelopment Area; number of building permits issued with and without abatements within the Redevelopment Area identifying the number of projects (and units) completed per parcel; capital investment amount; amount of square feet built or rehabilitated. This data shall be documented annually.

City Staff shall present to the MCRC Board of Directors and the City Council a Performance Audit that quantifies and analyzes the program results. City Staff shall also make a recommendation whether the program should be continued or modified. All affected taxing jurisdictions shall be provided with a copy of the Performance Audit and notified of the date that it will be presented to the City Council.

Council Meeting Date: 6/2/2014 Agenda Item # 3c

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Rev 04/03/2014

CITY OF BLUE SPRINGS

CITY COUNCIL INFORMATION FORM DATE: May 9, 2014 SUBMITTED BY: Pam Buck DEPARTMENT: Parks & Recreation

Ordinance Resolution Presentation Public Hearing Agreement Discussion Rezoning Other

ISSUE/REQUEST

Passage of a Resolution approving and authorizing the City Administrator to enter into contracts with bands for the Parks and Recreation Department’s Music in the Park Summer Concert Series not to exceed $500.00 per contract.

BACKGROUND/EXPLANATION

Every year the City enters into 14 contracts on average per year with independent performing bands for the Parks & Recreation Department’s Music in the Park Summer Concert Series on Sunday nights from approximately June 1 through August 31. This Resolution would authorize the City Administrator to enter into these contracts using a generic Contractor Agreement (Performances) form prepared by the Parks and Recreation, Finance, and Law Departments (in the form attached to the proposed Resolution as “Exhibit A”) without bringing each one to the City Council or City Attorney so long as they do not exceed $500.00 per contract.

JUSTIFICATION

This Resolution will allow a more efficient process for entering into the contracts for the Concert in the Park bands, without each one being placed on the Council Agenda. The result will save staff time processing each contract for the Council agenda and save the time of the elected officials in wading through each agreement, resolution and Council Information Form.

FINANCIAL IMPACT Contractor: Various Amount of Request/Contract: $500.00 per concert Amount Budgeted: $11,000 Funding Source/Account #: 100.40010.530900.430 Additional Funds Needed: Funding Source/Account #: Tax Impact/Analysis: Abatement/Incentives: Escrow:

PROJECT TIMELINE

Estimated Start Date Estimated End Date June 1 annually August 31 annually

Council Meeting Date: 6/2/2014 Agenda Item # 3c

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STAFF RECOMMENDATION Staff recommends approval

OTHER BOARDS & COMMISSIONS ASSIGNED Name of Board or Commission: N/A Date: Action:

LIST OF REFERENCE DOCUMENTS ATTACHED

1. Resolution with form Contractor Agreement (Performances) attached as “Exhibit A.”

IF CONTRACT REQUIRED:

1. E-Verify Affidavits Required? No 2. Contract/Affidavits Executed? No

REVIEWED BY Requesting Director:

Budget:

Legal:

City Administrator:

ConcertinthePark 6/2/2014

Introduced by Councilman RESOLUTION NO. 58-2014 A RESOLUTION APPROVING AND AUTHORIZING THE CITY ADMINISTRATOR TO ENTER

INTO CONTRACTS WITH BANDS, PERFORMING GROUPS, AND INDIVIDUAL CONTRACTORS FOR THE PARKS AND RECREATION DEPARTMENT’S “MUSIC IN THE

PARK” SUMMER CONCERT SERIES NOT TO EXCEED $500 EACH

WHEREAS, each year the City enters into approximately 14 contracts on average with bands for the Parks and Recreation Department’s “Music in the Park” Summer Concert Series; and

WHEREAS, these contracts involve bands, performing individuals and groups; and WHEREAS, City staff has developed a generic form Contractor Agreement (Performances)

to be used for agreements involving these activities; and WHEREAS, the City desires that these activities move forward without the individual review

and approval of each contract by the City Council. NOW, WHEREFORE, be it resolved and approved by the City Council of the City of Blue

Springs, Missouri, as follows:

Section 1: That the City Administrator of the City of Blue Springs, Missouri, is hereby authorized and directed to enter into Contractor Agreement (Performances) with bands, performing groups and individuals for the Parks and Recreation Department’s “Music in the Park” Summer Concert Series programs that are in the form Contract attached hereto as Exhibit “A” so long as the payment to be made by the City under each Contract shall not exceed $500.00.

Section 2: That this resolution shall be in full force and in effect from and after its passage and approval.

PASSED by the City Council of the City of Blue Springs, Missouri, and approved by the Mayor of Blue Springs, this 2nd day of June, 2014.

________________________________ Carson Ross, Mayor

ATTEST: ______________________________ Kathy Richardson, City Clerk

“Exhibit A”

Page 1

CITY

CONTRACTOR

CITY OF BLUE SPRINGS 903 MAIN ST BLUE SPRINGS, MO 64015

Name Address

Attention

Attention

Department: Blue Springs Parks & Recreation

Phone

Fax:

Phone: 816-228-0238

Fax: 816-228-4340

Tax ID Number or Social Security Number:

CONTRACTOR AGREEMENT (PERFORMANCES)

THIS AGREEMENT made and entered into this ____ day of ______________, 2014, by the parties identified

above.

WITNESSETH: WHEREAS, the City of Blue Springs desires to engage the Contractor to perform certain services, in connection

with a performance or project more particularly described in Exhibit A; and

WHEREAS, the Contractor made certain representations and statements to the City with respect to the provision of such services and the City has accepted said proposal;

NOW, THEREFORE, for the considerations herein expressed, it is agreed by and between the City and the Contractor as follows:

1. Services. The City agrees to engage the services of the Contractor and the Contractor agrees to perform the services hereinafter set forth in connection with projects described in Exhibit A.

2. Exchange of Information/Instruction. All information and instruction relative to the performance shall be provided and scheduled at such times as may be designated by the City’s Parks & Recreation Department.

3. Personnel. The Contractor represents that Contractor will secure at Contractor’s own expense, all personnel required to perform the services called for under this Contract by Contractor. Such personnel shall not be employees of or have any contractual relationship with the City except as employees of the Contractor. All of the services required hereunder will be performed by the Contractor or under Contractor’s direct supervision and all personnel engaged in the work shall be fully qualified and shall be authorized under state and local law to perform such services. None of the work or services covered by this contract shall be subcontracted without the written approval of the City.

4. Term. All of the services required hereunder shall be completed as set forth in the schedule for the project which is attached hereto as Exhibit A.

5. Costs not to Exceed. The City of Blue Springs has established a fixed sum amount described in Section 6.b below and the Maximum Payment section of Exhibit A for this contract which cannot be exceeded unless this contract is amended. The Contractor shall notify the City if Contractor anticipates that the contract amount may be exceeded, in order to determine whether or not the City is prepared to increase the total compensation.

“Exhibit A”

Page 2

6. Payment.

a. Conditioned upon acceptable performance. Provided Contractor performs the services in the manner set forth in paragraph 1 hereof, the City agrees to pay the Contractor in accordance with the terms set forth in Exhibit A, within 45 days of the performance, which shall constitute complete compensation for all services to be rendered under this contract.

b. Total compensation not to exceed. It is expressly understood that in no event will the total compensation and reimbursement to be paid to the Contractor under the terms of this contract exceed the sum of Five Hundred and No/100 Dollars ($500.00) unless agreed to by City and Contractor in writing.

7. Termination of Contract.

a. Termination for breach. Failure of the Contractor to fulfill Contractor 's obligations under this Contract in a timely and satisfactory manner in accordance with the schedule and description of services set forth in Exhibit A shall constitute a breach of the Contract, and the City shall thereupon have the right to immediately terminate the Contract. The City shall give written notice of termination to the Contractor by one of three different means: Facsimile Transmission ("FAX") if Contractor has a FAX number; U.S. Postal Service Mails; or by hand delivering a copy of the same to the Contractor; or may give notice by any combination of the above methods. The date of termination shall be the date upon which notice of termination is hand delivered to Contractor or given by FAX, or the third day following mailing of the notice of termination, whichever first occurs. Contractor shall be entitled to receive just and equitable compensation for any satisfactory work completed on such project; provided, that the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any such breach of the Contract by the Contractor. City may cancel this Contract by notifying Contractor of such cancellation, in case of inclement weather.

b. Termination for Convenience. The City shall have the right at anytime by written notice to Contractor to terminate and cancel this Contract, without cause, for the convenience of the City. In such event City shall not be liable to Contractor except for payment for actual work performed prior to such notice in an amount proportionate to the completed Contract. Anticipatory profits and consequential damages shall not be recoverable by Contractor.

8. Conflicts. No salaried officer or employee of the City and no member of the City Council shall have a financial interest, direct or indirect, in this Contract. A violation of this provision renders the Contract void. Any federal regulations, and applicable provisions in Section 105.450 et seq. RSMo. shall not be violated. Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services to be performed under this Contract. The Contractor further covenants that in the performance of this Contract no person having such interest shall be employed.

9. Assignment. The Contractor shall not assign this Contract, or any interest in this Contract, and shall not transfer any interest in the same (whether by assignment or novation), without the prior consent of the City.

10. Discrimination. The Contractor agrees in the performance of this Contract not to discriminate on the ground or because of race, creed, color, national origin or ancestry, sex, religion, handicap, age, or political opinion or affiliation, against any employee of Contractor or applicant for employment and shall include a similar provision in all subcontracts let or awarded hereunder.

11. Occupational License: The Contractor shall obtain and maintain an occupational license with the City of Blue Springs, Missouri, if required by City Code and shall obtain and maintain any required state or federal license. The cost for this occupational license shall be borne by the Contractor. Contractor shall not purchase materials or begin work on this Contract until this occupational license has been obtained.

“Exhibit A”

Page 3

a. Compliance with Laws. Contractor agrees to comply with all applicable federal, state and local laws or rules and regulations applicable to the provision of services and products hereunder. Contractor affirmatively states that payment of all local, state, and federal taxes and assessments owed by Contractor is current.

b. General Independent Contractor Clause. This Contract does not create an employee/employer relationship between the parties. It is the parties' intention that the Contractor will be an independent contractor and not the City's employee for all purposes, including, but not limited to, the application of the Fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, Missouri Prevailing Wage requirements, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, Missouri revenue and taxation laws, Missouri workers' compensation and unemployment insurance laws. The Contractor will retain sole and absolute discretion in the judgment of the manner and means of carrying out the Contractor's activities and responsibilities hereunder. The Contractor agrees that it is a separate and independent enterprise from the public employer, that it has a full opportunity to find other business, that it has made its own investment in its business, and that it will utilize a high level of skill necessary to perform the work. This Contract shall not be construed as creating any joint employment relationship between the Contractor and the City, and the City will not be liable for any obligation incurred by the Contractor, including but not limited to unpaid minimum wages and/or overtime premiums.

12. Liability and Indemnity. The parties mutually agree to the following: The Contractor shall defend, indemnify, and hold the City harmless from and against all claims, including but not limited to losses, and liabilities arising out of personal injuries, including death, and damage to property and the performance of copyrighted material, which are caused by the Contractor arising out of or in any way connected with performance of this Contract.

13. Employees. The Contractor shall indemnify and hold the City harmless from all wages or overtime compensation due its employees in rendering services pursuant to this Contract, including payment of reasonable attorneys' fees and costs in the defense of any claim made under the Fair Labor Standards Act or any other federal or state law.

14. Notices. All notices, other than Termination for Breach covered in ¶ 7.a, required or permitted hereunder and required to be in writing may be given by FAX or by first class mail addressed to City and Contractor at the addresses shown above. The date of delivery of any notice given by mail shall be the date falling on the third day after the day of its mailing. The date of delivery of notice by FAX transmission shall be deemed to be the date transmission occurs, except where the transmission is not completed by 5:00 p.m. on a regular business day at the terminal of the receiving party, in which case the date of delivery shall be deemed to fall on the next regular business day for the receiving party.

15. Jurisdiction. This Contract and every question arising hereunder shall be construed or determined according to the laws of the State of Missouri. Should any part of this Contract be litigated, venue shall be proper only in the Circuit Court of Jackson County, Missouri at Independence.

16. Entire Agreement. This Contract contains the entire agreement of the parties. No modification, amendment, or waiver of any of the provisions of this Contract shall be effective unless in writing specifically referring hereto, and signed by both parties.

IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the day and year herein stated.

“Exhibit A”

Page 4

CONTRACTOR: By: Name: Title: Social Security #:

CITY OF BLUE SPRINGS, MISSOURI By: ______________________________________ Eric Johnson, City Administrator

“Exhibit A”

Page 5

Exhibit A to Contract

Scope of Work

Name of Contractor

Scope of Work (Job Description)

Contractor shall provide the services of the band to perform at the “Concert in the Park” series at Rotary Park at Railroad Lake, South 7 Highway & Vesper according to the following schedule: 6:00pm – 8:00pm (Limit 1 - 15 minute break). Payment will not be made if the Contractor does not ‘set-up’ due to inclement weather cancellation.

Start Date

Interim Deadlines

(if applicable)

Date Phase of Project To Be Completed

Final Completion Deadline

Reimbursable Expenses

None Travel, Lodging, Meals, Phone Calls, Copying, Postage

Maximum Payment

$ 500.00

Payment to be made for Services Rendered

$0 Maximum Amount Of Expenses To Be Reimbursed

$ 500.00 Total Maximum Amount To Be Paid To Contractor

Method of Payment

Lump Sum Of Entire Amount Upon Satisfactory Completion of Project. If the Contractor resides outside the State of Missouri, the payment will be subject to a 2% withholding which the City will deduct from their payment and submit to the State of Missouri

Incremental Payments As Follows:

City Official To

Approve Payment(s)

Department Head’s Signature

Date:

Council Meeting Date: June 2, 2014 Agenda Item # 3d

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CITY OF BLUE SPRINGS

CITY COUNCIL INFORMATION FORM DATE: May 1, 2014 SUBMITTED BY: Chris Sandie DEPARTMENT: Public Works – Engineering Div.

Ordinance Resolution Presentation Public Hearing Agreement Discussion Rezoning Other

ISSUE/REQUEST

The Engineering Department is requesting to convey a Warranty Deed to the Missouri Department of Transportation (MoDOT) for the right-of-way along Woods Chapel Road from the South Outer Road to Jefferson Street.

BACKGROUND/EXPLANATION

The Woods Chapel Road, Phase I project was completed in the fall of 2013. The signal lights and roadway are the property of MoDOT. Due to the South Outer Road relocation and roadway expansion at the interchange, additional right-of-way needs to be conveyed to MoDOT for maintenance purposes.

JUSTIFICATION The City needs to deed the right-of-way over to MoDOT since the Woods Chapel Road, Phase 1 project has been completed. The project increased their facilities at the I-70 interchange outside of their existing boundaries. This action is needed to formally convey ownership of the South Outer Road traffic signal and roadway improvements to MoDOT for maintenance and operations. The South Outer Road was relocated farther south, and the westbound off ramp was constructed farther to the north thus, increasing MoDOT’s jurisdiction for roadway improvements at Interstate 70. Widening of the roadway was needed to accommodate additional traffic lanes and the Diverging Diamond Interchange configuration.

FINANCIAL IMPACT

Contractor: N/A Amount of Request/Contract: N/A Amount Budgeted: N/A Funding Source/Account #: N/A Additional Funds Needed: N/A Funding Source/Account #: N/A Tax Impact/Analysis: N/A Abatement/Incentives: N/A Escrow: N/A

Council Meeting Date: June 2, 2014 Agenda Item # 3d

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PROJECT TIMELINE Estimated Start Date Estimated End Date

N/A N/A STAFF RECOMMENDATION

Staff recommends approval.

OTHER BOARDS & COMMISSIONS ASSIGNED

Name of Board or Commission: N/A Date: Action:

LIST OF REFERENCE DOCUMENTS ATTACHED

1. Resolution with Warranty Deed and Survey attached as Exhibits “A” and “B” respectively.

IF CONTRACT REQUIRED: 1. E-Verify Affidavits Required? N/A 2. Contract/Affidavits Executed? N/A

REVIEWED BY Requesting Director: Christopher G. Sandie

Budget::

Legal:

City Administrator:

ROWConveyance 6/2/2014

Introduced by Councilman Resolution No. 59-2014

A RESOLUTION AUTHORIZING EXECUTION OF A GENERAL WARRANTY DEED CONVEYING RIGHT-OF-WAY TO THE MISSOURI DEPARTMENT OF TRANSPORTATION

WHEREAS, the City of Blue Springs completed the Woods Chapel Road, Phase I project

in the fall of 2013; and

WHEREAS, the signal lights and roadway are the property of the Missouri Department of Transportation (“MoDOT”); and

WHEREAS, due to the South Outer Road relocation and roadway expansion at the

interchange, additional right-of-way needs to be conveyed to MoDOT for maintenance purposes; and

WHEREAS, MoDOT will require a permanent right-of-way for maintenance of their signal lights and roadway along Woods Chapel Road from the South Outer Road to Jefferson Street.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BLUE SPRINGS, MISSOURI, as follows:

1. The City Administrator has the authority and is hereby authorized to execute a General Warranty Deed to convey a permanent right-of-way to the Missouri Department of Transportation for maintenance of their signal lights and roadway along Woods Chapel Road from the South Outer Road to Jefferson Street. A copy of the proposed General Warranty Deed and Survey are attached hereto as Exhibits “A” and “B,” respectively, and are incorporated herein.

2. City Staff is directed to perform all tasks necessary to implement said General

Warranty Deed. PASSED by the City Council of the City of Blue Springs, Missouri, and approved by the

Mayor of Blue Springs, this 2nd day of June, 2014. CITY OF BLUE SPRINGS

_________________________ Carson Ross, Mayor

ATTEST: ________________________________ Kathy Richardson, City Clerk

“Exhibit A”

1

CCO FORM: RW03 Approved: 12/92 (TLP) Revised: 03/14 (AR)

GENERAL WARRANTY DEED

(1) PARTIES: THIS AGREEMENT, made this ___ day of May, 2014, by and between the City of Blue Springs, Grantor, of the County of Jackson, and State of Missouri, and the STATE OF MISSOURI, acting by and through the MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION, Grantee. GRANTEE’S ADDRESS: P.O. Box 270, Jefferson City, Missouri 65102 (2) CONSIDERATION: Grantor, in consideration of the sum of ONE DOLLAR and NO/100 DOLLARS, to be paid by the Missouri Highways and Transportation Commission, the receipt of which is hereby acknowledged, does hereby grant, bargain and sell, convey and confirm fee simple title in the property described in this deed. (3) PROPERTY DESCRIPTION: Grantor conveys to the Missouri Highways and Transportation Commission the following described real estate and interests in real estate in the County of Jackson, State of Missouri: Legal Description: Two Tracts of land for Permanent Controlled Access Right of Way hereinafter described as Tract 1 and Tract 2: Tract 1: A TRACT OF LAND FOR PERMANENT CONTROLLED ACCESS RIGHT-OF-WAY PURPOSES LOCATED IN THE NORTHWEST QUARTER AND THE SOUTHWEST QUARTER OF SECTION 26, TOWNSHIP 49 NORTH, RANGE 31 WEST, IN BLUE SPRINGS, JACKSON COUNTY, MISSOURI, BEARINGS ARE REFERENCED TO GRID

“Exhibit A”

2

NORTH OF THE MISSOURI STATE PLANE COORDINATE SYSTEM, 1983, WEST ZONE, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER OF SECTION 26, T49N, R31W, BEING A FOUND #4 IRON BAR, ACCORDING TO CERTIFIED LAND CORNER DOCUMENT NUMBER 600-68759; THENCE N88°15’03"W ALONG THE NORTH LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 171.80 FEET; THENCE S01°44’57"W ALONG A LINE THAT IS PERPENDICULAR TO SAID NORTH LINE, A DISTANCE OF 8.73 FEET TO A POINT THAT IS 100.45 FEET LEFT OF BASELINE WOODS CHAPEL ROAD STATION 23+96.29 AND BEING THE POINT OF BEGINNING; THENCE S83°13’25"W, A DISTANCE OF 20.51 FEET TO A POINT THAT IS 79.97 FEET LEFT OF BASELINE WOODS CHAPEL ROAD STATION 23+97.31; THENCE S39°35’25"W, A DISTANCE OF 36.28 FEET TO A POINT THAT IS 55.00 FEET LEFT OF BASELINE WOODS CHAPEL ROAD STATION 24+23.63; THENCE S86°05’52"W, A DISTANCE OF 118.90 FEET TO A POINT THAT IS 63.90 FEET RIGHT OF BASELINE WOODS CHAPEL ROAD STATION 24+23.63; THENCE N38°48’01"W, A DISTANCE OF 24.34 FEET TO A POINT THAT IS 77.83 FEET RIGHT OF BASELINE WOODS CHAPEL ROAD STATION 24+03.67; THENCE N05°51’18"W, A DISTANCE OF 80.01 FEET TO A POINT THAT IS 80.56 FEET RIGHT OF BASELINE WOODS CHAPEL ROAD STATION 23+23.71; THENCE N43°15’53"E, A DISTANCE OF 22.57 FEET TO A POINT THAT IS 64.00 FEET RIGHT OF BASELINE WOODS CHAPEL ROAD STATION 23+08.36; THENCE N03°54’08"W, A DISTANCE OF 36.24 FEET TO A POINT THAT IS 64.00 FEET RIGHT OF BASELINE WOODS CHAPEL ROAD STATION 22+72.12; THENCE N85°59’25"E, A DISTANCE OF 9.16 FEET TO A POINT THAT IS 54.84 FEET RIGHT OF BASELINE WOODS CHAPEL ROAD STATION 22+72.10; THENCE S20°37’51"E, A DISTANCE OF 52.20 FEET TO A POINT THAT IS 39.82 FEET RIGHT OF BASELINE WOODS CHAPEL ROAD STATION 23+22.09; THENCE N86°04’06"E, A DISTANCE OF 45.00 FEET TO A POINT ON THE EXISTING CENTERLINE WOODS CHAPEL ROAD AT STATION 7+30, SAID POINT ALSO BEING 5.18 FEET LEFT OF BASELINE WOODS CHAPEL ROAD STATION 23+22.07; THENCE N03°55’54"W ALONG SAID EXISTING CENTERLINE WOODS CHAPEL ROAD, A DISTANCE OF 144.17 FEET TO A POINT ON SAID EXISTING CENTERLINE WOODS CHAPEL ROAD AT STATION 8+74.17, SAID POINT ALSO BEING 5.11 FEET LEFT OF BASELINE WOODS CHAPEL ROAD STATION 21+77.90; THENCE N86°04’06"E, A DISTANCE OF 70.00 FEET TO A POINT THAT IS 75.11 FEET LEFT OF BASELINE WOODS CHAPEL ROAD STATION 21+77.86; THENCE S03°55’54"E, A DISTANCE OF 50.00 FEET TO A POINT THAT IS 75.13 FEET LEFT OF BASELINE WOODS CHAPEL ROAD STATION 22+27.86; THENCE S86°04’06"W, A DISTANCE OF 19.16 FEET TO A POINT THAT IS 55.97 FEET LEFT OF BASELINE WOODS CHAPEL ROAD STATION 22+27.87; THENCE S03°55’51"E, A DISTANCE OF 40.00 FEET TO A POINT THAT IS 55.99 FEET LEFT OF BASELINE WOODS CHAPEL ROAD STATION 22+67.87; THENCE S48°55’53"E, A DISTANCE OF 56.57 FEET TO A POINT THAT IS 96.01 FEET LEFT OF BASELINE WOODS CHAPEL ROAD STATION 23+07.85; THENCE S06°46’35"E, A DISTANCE OF 88.55 FEET TO THE POINT OF BEGINNING AT 100.45 FEET LEFT OF BASELINE WOODS CHAPEL ROAD STATION 23+96.29. THE TRACT DESCRIBED ABOVE CONTAINS 27,658 SQUARE FEET OR 0.63 ACRES, MORE OR LESS.

3

Tract 2: A TRACT OF LAND FOR PERMANENT CONTROLLED ACCESS RIGHT-OF-WAY LOCATED IN THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 49 NORTH, RANGE 31 WEST, IN BLUE SPRINGS, JACKSON COUNTY, MISSOURI, BEARINGS ARE REFERENCED TO GRID NORTH OF THE MISSOURI STATE PLANE COORDINATE SYSTEM, 1983, WEST ZONE, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF SECTION 26, T49N, R31W, BEING A FOUND #4 IRON BAR, ACCORDING TO CERTIFIED LAND CORNER DOCUMENT NUMBER 600-68759; THENCE N02°19’36"E ALONG THE EAST LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 1028.26 FEET; THENCE N87°40’24"W ALONG A LINE THAT IS PERPENDICULAR TO SAID EAST LINE, A DISTANCE OF 164.75 FEET TO A POINT ON THE EXISTING NORTH RIGHT-OF-WAY LINE OF U.S. INTERSTATE I-70, AS NOW ESTABLISHED, AT 229.76 FEET LEFT OF CENTERLINE I-70 STATION 861+72.99 AND BEING THE POINT OF BEGINNING; THENCE N71°42’53"W ALONG SAID EXISTING NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 150.00 FEET TO A POINT 255.00 FEET LEFT OF CENTERLINE I-70 STATION 860+25.13; THENCE N08°21’36"W CONTINUING ALONG SAID NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 20.00 FEET TO A POINT 274.13 FEET LEFT OF CENTERLINE I-70 STATION 860+19.30; THENCE S55°40’16"E, A DISTANCE OF 29.34 FEET TO A POINT 261.39 FEET LEFT OF CENTERLINE I-70 STATION 860+45.73; THENCE S77°32’19"E, A DISTANCE OF 100.85 FEET TO A POINT 254.59 FEET LEFT OF CENTERLINE I-70 STATION 861+46.35; THENCE S43°07’31"E, A DISTANCE OF 32.30 FEET TO A POINT 234.59 FEET LEFT OF CENTERLINE I-70 STATION 861+71.70, ALSO BEING A POINT ON THE EAST LINE OF THE PROPERTY DESCRIBED IN WARRANTY DEED, DOCUMENT NUMBER 2008E0073768 AND RECORDED AT THE JACKSON COUNTY, MISSOURI RECORDER OF DEEDS OFFICE IN INDEPENDENCE, MISSOURI; THENCE S06°19’30"E ALONG SAID EAST LINE, A DISTANCE OF 5.00 FEET TO THE POINT OF BEGINNING AT 229.76 FEET LEFT OF CENTERLINE I-70 STATION 861+72.99. THE TRACT DESCRIBED ABOVE CONTAINS 2,156 SQUARE FEET OR 0.0495 ACRES, MORE OR LESS. (4) RIGHTS OF GRANTEE: Grantee shall obtain all rights, privileges, appurtenances and immunities belonging to Grantor, its successors and assigns forever. (5) WARRANTY: Grantor hereby covenants that it lawfully seized of an indefeasible estate in fee in the premises herein conveyed. Grantor covenants that it good right to convey the property. Grantor covenants that the said premises are free and clear of any encumbrances done or suffered by it or those under whom it claims; and that it will warrant and defend the title to said premises unto the Missouri Highways and Transportation Commission and unto its successors and assigns, forever, against the lawful claims and demands of all persons whomsoever.

“Exhibit A”

4

6) DATE: IN WITNESS WHEREOF, the said Grantor executed the above the day and year first above written. ________________________________ City of Blue Springs By: Eric Johnson City Administrator

ACKNOWLEDGMENT BY CITY

STATE OF MISSOURI ) ) ss COUNTY OF JACKSON ) On this ____ day of _________, 2014, before me appeared Eric Johnson personally known to me, who being by me duly sworn, did say that he/she is the City Administrator of the City of Blue Springs and that the foregoing instrument was signed and sealed on behalf of the City of Blue Springs and that he/she acknowledged said instrument to be the free act and deed of the City of Blue Springs and that it was executed for the consideration stated therein and no other. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the county and state aforesaid the day and year written above. Notary Public My Commission Expires: _________________________

"Exhibit B"

"Exhibit B"

Council Meeting Date: 6/2/2014 Agenda Item # 3e

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Rev 05/01/2014

CITY OF BLUE SPRINGS

CITY COUNCIL INFORMATION FORM DATE: May 22, 2014 SUBMITTED BY: Bob McDonald DEPARTMENT: Law

Ordinance Resolution Presentation Public Hearing Agreement Discussion Rezoning Other

ISSUE/REQUEST

City Staff seeks passage of a Resolution to authorize the City to enter into an agreement with ExteNet Systems, Inc. (hereinafter “ExteNet”). This is a telecommunications utility that sets up a distributed antenna system which augments wireless capacity or extends coverage for the wireless network. The carrier that ExteNet is working with in Blue Springs is Verizon.

BACKGROUND/EXPLANATION The City was approached by ExteNet on behalf of Verizon to install four small antennas on light poles. Three of the antennas would be along the 7 Highway corridor, north and south of I-70 and one would be on Mock near the Walmart store, south of I-70. Fiber would then connect these small antennas to the Verizon equipment located at the base of the new tower in Central Park. These are designed to increase bandwidth and area coverage. ExteNet is in the process of installing a distributed antenna system in Overland Park, KS. ExteNet is contractually agreeing to pay the City five percent (5%) of their gross receipts, $45 per month per pole for antennas attached and the normal plan review charges for reviewing its installation plans. The company hopes to expand within Blue Springs and also hopes to represent other wireless carriers. They are currently authorized to do business in 32 states and have 80 joint use agreements with various utilities. In addition to Overland Park, they are also active in Leawood and Olathe.

JUSTIFICATION

This agreement will provide some funds to the City, although minimal at first. It will also provide more reliable wireless communications for some of our citizens. This is a new technology and it is a feather in our cap that we are getting it early.

FINANCIAL IMPACT Contractor: N/A Amount of Request/Contract: Amount Budgeted: Funding Source/Account #: Additional Funds Needed: Funding Source/Account #:

Council Meeting Date: 6/2/2014 Agenda Item # 3e

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Rev 05/01/2014

PROJECT TIMELINE

Estimated Start Date Estimated End Date Soon

STAFF RECOMMENDATION Administration and the Law Department recommend approval.

OTHER BOARDS & COMMISSIONS ASSIGNED Name of Board or Commission: N/A Date: Action:

LIST OF REFERENCE DOCUMENTS ATTACHED

1. Proposed Resolution with proposed Agreement attached as Exhibit “A” 2. Preliminary Network Map: City of Blue Springs, Missouri 3. Typical Deployment Strategy for Utility Poles

IF CONTRACT REQUIRED:

1. E-Verify Affidavits Required? N/A 2. Contract/Affidavits Executed? No

REVIEWED BY Requesting Director:

Bob McDonald

Budget:

Legal:

City Administrator:

ExtenetROWAccess 6/2/2014

Introduced by Councilman Resolution No. 60-2014

A RESOLUTION APPROVING AN AGREEMENT WITH EXTENET SYSTEMS, INC., A TELECOMMUNICATIONS UTILITY, FOR THE INSTALLATION OF A DISTRIBUTED

ANTENNA SYSTEM TO AUGMENT WIRELESS CAPACITY AND COVERAGE

WHEREAS, the City of Blue Springs was approached by ExteNet Systems, Inc. (hereinafter “ExteNet”) regarding the use of the City’s right-of-way and light and power poles to install a distributed antenna system in order to augment wireless capacity and/or extend coverage for the Verizon Wireless network; and

WHEREAS, the City Attorney and the attorney for ExteNet have negotiated and prepared an agreement which will establish the parameters of the project and the amounts that ExteNet will pay for the use of the City’s right-of-way and the attachment to City poles; and WHEREAS, this type of system is also being installed in Overland Park, Olathe, and Leawood, Kansas by ExteNet; and

WHEREAS, ExteNet has agreed to pay the City five percent (5%) of its gross receipts earned within the City and $45.00 per month per pole for antennas attached to City poles.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BLUE SPRINGS, MISSOURI, as follows:

1. The City Administrator has the authority and is hereby authorized to enter into an agreement with ExteNet Systems, Inc. for the usage of the City’s right-of-way and the attachment of antenna devices to City poles. A copy of the proposed Agreement is attached hereto as Exhibit “A” and is incorporated herein.

2. City Staff is directed to perform all tasks necessary to implement said Contract.

PASSED by the City Council of the City of Blue Springs, Missouri, and approved by the

Mayor of Blue Springs, this 2nd day of June, 2014. CITY OF BLUE SPRINGS

_________________________ Carson Ross, Mayor

ATTEST: ________________________________ Kathy Richardson, City Clerk

TELECOMMUNICATIONS ATTACHMENT AND

RIGHTS-OF-WAY AGREEMENT

between

The CITY of BLUE SPRINGS, MISSOURI

and

EXTENET SYSTEMS, INC.

"Exhibit A"

1

Proprietary & Confidential – ExteNet Systems, Inc.

TELECOMMUNICATIONS ATTACHMENT AND

RIGHTS-OF-WAY AGREEMENT

The CITY of BLUE SPRINGS, MISSOURI (“CITY”), and ExteNet Systems, Inc. a

corporation organized and existing under the laws of Delaware (“ExteNet”), hereby enter into

this Telecommunications Attachment and Rights-of-Way Agreement (“Agreement”) effective as

of ________________, 2014, (the “Effective Date”).

WHEREAS ExteNet has been issued a certificate of public convenience and necessity by

the Missouri Public Service Commission as a provider of telecommunications services with

authority to operate throughout the State of Missouri; and

WHEREAS CITY is required by federal and State statutes, regulations and orders to

grant all telecommunications service providers access to and occupancy of the public rights-of-

way in CITY on a non-discriminatory basis for the purpose of installing facilities to provide

telecommunications services; and

WHEREAS the jurisdictional boundaries of CITY include public rights-of-way and

facilities that are used by, and useful to, telecommunications providers; and

WHEREAS CITY is authorized by State statutes, regulations and orders to recover just

and reasonable costs for administering telecommunications providers’ access to the public rights-

of-way within CITY’s jurisdictional boundaries.

NOW THEREFORE, in consideration of the promises and mutual covenants herein

contained the CITY and ExteNet, for valuable consideration, the receipt and sufficiency of which

are hereby acknowledged, hereby agree as follows:

1. Definitions

Except as the context may otherwise require, each capitalized word or phrase in this Agreement

shall have the meaning specified herein. All other terms in this Agreement shall be interpreted in

accord with common usage in the telecommunications industry. Without limiting the generality

of the foregoing, for purposes of this Agreement, the terms listed below are defined as follows:

1.1. “Attachment” means the placement, attachment or installation of one or more

items of Equipment on, over, under or within any CITY ROW or to any CITY

Facility.

1.2. “Commission” or “MPSC” means the Missouri Public Service Commission.

1.3. “Equipment” means any and all radios, amplifiers, optical converters,

multiplexers, antennae, cables, wires, conduits, innerducts, pedestals, boxes,

cabinets, primary and auxiliary power supplies, power meters, support structures,

mounting hardware, and all related or ancillary devices installed, operated or used

by ExteNet to provide Service.

"Exhibit A"

2

Proprietary & Confidential – ExteNet Systems, Inc.

1.4. “ExteNet” shall mean ExteNet Systems, Inc., organized under the laws of State

of Delaware and to which the Commission has issued a certificate to operate as a

provider of telecommunications services.

1.5. “Fee” means any one-time or recurring amount to be paid by ExteNet pursuant to

this Agreement. Without limiting the generality of the foregoing. “Attachment

Fees” means Fees paid in consideration of Attachments to Facilities, and “ROW

Fees” means Fees paid to cover the reasonable costs for CITY to administer

access to its ROW.

1.6. “Facility” or “Facilities” means any CITY-owned or leased structure upon or

within which it is technically feasible to place Equipment, including, but not

limited to any CITY -owned light poles or fixtures, traffic signal poles, or conduit

in CITY Rights-of-Way.

1.7. “Node Poles” means those utility poles or Facilities to which ExteNet proposes to

attach items of Equipment, other than wires and fiber optic cabling, as illustrated

in Exhibit A.

1.8. “Pole Placement” means the placement of a new wooden, metal or concrete pole

or other vertical structure in CITY ROW when necessary or useful for ExteNet’s

provision of Service. “Pole Placement” does not include replacement of existing

Utility Infrastructure poles.

1.9. “Restore” means returning a CITY Facility or ROW to the condition it was in

prior to Attachment, excepting reasonable wear and tear.

1.10. “Rights-of-Way” or “ROW” means the public ways and other areas now or

hereafter existing that are owned by or otherwise subject to the jurisdiction and

control of CITY , including without limitation, all space in, upon, above, along,

across, under, and over any or all of the following: highways, streets, roads, lanes,

courts, ways, alleys, boulevards, paths, curbs, sidewalks, bridges, overpasses,

underpasses, tunnels, parks, parkways, waterways, easements, conduit, vaults,

access manholes and “handholes”.

1.11. “Service” means the transport, transmission and reception of signals carrying

voice and data communications, including but not limited to format and/or

protocol conversion and point-to-point transport of signals over fiber optic cables

and other wireline connections as ExteNet provides as authorized by the MPSC or

Federal Communications Commission.

1.12. “State” means the State of Missouri.

"Exhibit A"

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Proprietary & Confidential – ExteNet Systems, Inc.

1.13. “Utility Infrastructure” means existing poles and/or conduits owned or

controlled by public or private utility companies, other than CITY-owned utility

companies that are located in the ROW.

2. Grant of Access and Occupancy Rights

2.1 Attachment to Third-Party Property. Subject to obtaining an existing utility

easement or other suitable form of written permission of the owner(s) of the

affected property, CITY hereby authorizes and permits ExteNet to enter upon the

ROW and to attach, install, operate, maintain, remove, reattach, reinstall, relocate,

and replace Equipment in or on Utility Infrastructure or other structures lawfully

owned and operated by public utility companies or other property owners and

located within or outside the Rights-of-Way. Upon request by CITY, ExteNet

shall furnish to the City documentation in a form reasonably acceptable to the

City of such permission from the individual utility or property owner. City shall

provide a response to ExteNet within thirty days of submission of a completed

application to access the ROW. A denial of an application for the Attachment of

Equipment to Utility Infrastructure or other third-party poles or structures shall

not be based upon the size, quantity, shape, color, weight, configuration, or other

physical properties if ExteNet’s Equipment proposed for use conforms to one of

the pre-approved configurations and the Equipment specifications set forth in

Exhibit A or is not materially different is size, shape and color of

telecommunications or electrical equipment then existing in the ROW. The

reason for any denial shall be provided in writing with the denial.

2.2 Approval of Equipment Design, Configurations and Attachments. ExteNet will

submit to CITY an application with a proposed design for any Equipment that

ExteNet proposes to use in CITY Rights-of-Way. Such application shall include

a map or annotated aerial photograph identifying which Utility infrastructure or

Facilities ExteNet seeks to use for Attachments. Once the City verifies that the

Equipment proposed in the design complies with the pre-approved configurations

and the Equipment specifications set forth in Exhibit A, the City will approve the

particular Utility Infrastructure and Facilities to which ExteNet can attach its

Equipment.

2.2.1 Change in Equipment. If ExteNet proposes an Attachment or

installation of Equipment that differs in a material way from the

pre-approved configurations and Equipment specifications

attached hereto as Exhibit A, then ExteNet shall first obtain the

written approval for the use and installation of the Equipment from

an authorized representative of CITY.

2.3 Equipment Attachment to Facilities. CITY hereby grants to ExteNet the

nonexclusive right, privilege, and license to enter and occupy CITY’s Rights-of-

Way. Such right to enter and occupy shall be for purposes of, and/or in

connection with, Attachments of Equipment, and shall be subject to applicable

"Exhibit A"

4

Proprietary & Confidential – ExteNet Systems, Inc.

rules, regulations or statutes setting forth non-discriminatory and reasonable

controls as to the time, place and manner in which CITY’s Rights-of-Way are

accessed and occupied in order to protect the health, safety and welfare of the

public.

2.4 Pole Placements. In the event that an ExteNet application for Attachment is

deemed impractical or denied by CITY due to lack of existing Facilities, the

parties agree that either ExteNet shall be granted the right for Pole Placement in

the Rights-of-Way or CITY shall place a Facility for Attachment of ExteNet’s

Equipment. City shall provide a response to ExteNet within thirty days of

submission of a completed application. The reason for any denial shall be

provided in writing with the denial. A denial of an application for Pole Placement

shall not be based upon the size, quantity, shape, color, weight, configuration, or

other physical properties of ExteNet’s Equipment if the Equipment proposed

conforms to one of the pre-approved configurations and specifications set forth in

Exhibit A.

2.4.1 If the parties agree that Pole Placement is to be effected by

ExteNet, ExteNet shall bear the entire cost and expense of all

placement, installation, construction, and maintenance for Pole

Placement.

2.4.2 Any Pole Placement by ExteNet will require that the Pole placed

by ExteNet match the other Poles in the surrounding area to the

extent it is acceptable to the City.

2.5 Structural Integrity of Facility. If ExteNet selects a Facility that is structurally

inadequate to accommodate Equipment, ExteNet may at its sole cost and expense

replace the Facility with one that is acceptable to and approved by the City and

dedicate such Facility to the CITY.

2.6 Assignment of Cost. Except as otherwise provided in this Agreement, ExteNet

shall bear the entire cost and expense of all placement, installation, construction,

maintenance, and operation of Equipment and/or Attachments and Pole

Placements by ExteNet in the Rights-of-Way, and shall hold CITY harmless from

any such costs or expense.

2.7 Power for Equipment and Facilities. ExteNet will be solely responsible for

establishing electrical power services for all of its Equipment and for the payment

of all electrical utility charges to the applicable utility company. Notwithstanding

this provision, CITY and ExteNet may mutually agree that ExteNet may power its

Equipment Attachments to Facilities from a power source available at or

associated with the relevant CITY Facilities.

2.8 Additional Future Attachments. ExteNet may apply to CITY to expand its initial

Network installation through the same process as specified in this Section 2.

"Exhibit A"

5

Proprietary & Confidential – ExteNet Systems, Inc.

3. Term

Unless otherwise agreed, the term of this Agreement shall commence on the Effective

Date and continue thereafter for an initial period of ten (10) years (the “Initial Term”).

ExteNet shall have the right to extend this Agreement for up to two renewal terms of five

(5) years. The Agreement shall renew unless ExteNet gives CITY written notice of its

election not to renew this Agreement not less than 180 days prior to the expiration of the

Initial Term or a Renewal Term.

4. Fees

4.1.ROW Fees. ExteNet shall pay ROW Fees equal to five (5) percent of its gross

receipts from revenue generated and received as a result of the DAS Network

infrastructure located in the City’s ROW to cover CITY’s reasonable cost of

administering ExteNet’s access to and occupancy of CITY’s ROW for new Pole

Placement and for installation of ExteNet Equipment within, over or under

CITY’s ROW, including Attachments to facilities owned by third parties. Such

ROW Fees shall be computed on the basis of the rates set forth in Exhibit B

attached and shall be based only on the number of Node Poles in use by ExteNet

within the geographic boundaries of CITY during the relevant period. Subject to

Section 5.3, ExteNet may remove any Equipment or Attachments in the ROW at

any time and the corresponding ROW Fees shall cease upon removal.

4.2.Attachment Fees. ExteNet shall pay Attachment Fees to CITY for any Pole

Placement that will become City property pursuant to this Agreement and for each

CITY-owned or leased Facility to which ExteNet makes an Attachment. Such

Attachment Fees shall be computed on the basis of the rates set forth in Exhibit B

attached. Notwithstanding the foregoing, ExteNet shall not be liable for payment

of any Attachment Fee if for any reason CITY’s Facility is or subsequently

becomes unusable for Attachments, or ExteNet withdraws its application for

Attachment to such Facility before completing such Attachment or putting the

Equipment into productive service. Subject to Section 5.3, ExteNet may remove

any Attachment at any time and the corresponding Attachment Fees shall cease

upon removal.

4.3.Other Fees and Compensation. The foregoing Fees are in addition to and not in

lieu of any other non-discriminatory administrative fees and charges, imposed by

CITY in connection with the issuance of construction permits, provision of copies

of records, etc.

4.4.Payment Terms. All Fees payable pursuant to this Section 4 shall be paid

monthly in arrears on the first Business Day following the last day of each

calendar month, commencing with the first month during which ExteNet

generates revenue from the operation of its DAS Network or the date on which

the relevant construction or attachment is completed, whichever is later.

"Exhibit A"

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Proprietary & Confidential – ExteNet Systems, Inc.

4.5.Changes to Laws and Regulations Affecting Fee Rates. ExteNet and CITY

acknowledge and agree that, in order to expedite the development and

construction of ExteNet’s DAS Network for the benefit of residents and visitors in

CITY the rates set forth in Exhibit B have been negotiated by the parties without

complete information concerning their reasonableness relative to the costs to be

incurred by CITY or the rates being charged to others for similar access, use and

attachments in the same or contiguous market areas, and without regulatory

review.

5. Construction

5.1. CITY Approval. Prior to commencing construction, ExteNet shall identify to

the City of Blue Springs, Missouri those portions of CITY’s Rights-of-Way that

ExteNet needs to access and/or occupy, and CITY’s Facilities, if any, upon which

ExteNet seeks to make Attachments. Further, ExteNet shall provide a map or

annotated aerial photograph identifying which Facilities ExteNet seeks to use for

Attachments. Once the City verifies that the Equipment proposed in the design

complies with the pre-approved configurations and the Equipment specifications

set forth in Exhibit A, the City will identify those Facilities to which ExteNet can

attach its Equipment. CITY shall have thirty (30) days to review and approve

ExteNet’s construction plans, which approval shall not be unreasonably withheld,

conditioned or delayed. CITY shall notify ExteNet in writing of its approval or

disapproval of ExteNet’s proposed construction plans and Attachments. In the

event that CITY personnel fail to deliver to ExteNet written notice of approval or

disapproval of such plans and Attachments within thirty (30) days, such plans and

Attachments shall be deemed denied by CITY .

5.2. Avoidance of Interference. ExteNet agrees that the placement, installation,

construction, maintenance, operation and removal of Equipment installed in CITY

Rights-of-Way and its Attachments to CITY Facilities or Utility Infrastructure

shall be carried out in such locations and in such manner so as not to

unreasonably interfere with water, gas, sewer pipe, traffic signal, street light and

other utilities and conduits already existing.

5.3. Permits. ExteNet further agrees to obtain all necessary work, excavation or

encroachment permits required by this Agreement and the Code of Ordinances of

the City of Blue Springs, Missouri (“City Code”) setting forth time, place and

manner restrictions necessary to protect the health, safety and welfare of the

public, prior to commencing construction required for Equipment Attachment or

Pole Placement in CITY’s Rights of Way or Facilities. CITY agrees to cooperate

in expediting the issuance of such permits as reasonably requested by ExteNet in

order to meet the reasonable requirements of ExteNet’s customers and the

telecommunications services needs of end users served by them.

"Exhibit A"

7

Proprietary & Confidential – ExteNet Systems, Inc.

5.4. Street Furniture Cabinets. If a portion of ExteNet’s Equipment, not including

antennas, cannot be accommodated on CITY’s Facilities, the parties agree that

ExteNet may place such equipment in above-ground street furniture and

equipment cabinets located in the Rights-of-Way. In no instance shall the

installation of any of ExteNet’s Equipment in street furniture or equipment

cabinets block pedestrian walkways in the ROW or result in violation of the

Americans with Disabilities Act. If ExteNet cannot obtain necessary permits,

approvals or other authorizations to place street furniture or equipment cabinets in

the Rights-of-Way, parties agree that ExteNet may place Equipment in below-

ground vaults, and that CITY shall authorize such vaults expeditiously pursuant to

applicable City Code zoning and undergrounding provisions. In such instance,

ExteNet will be responsible for all costs associated with such below-ground

vaults, including without limitation relocation costs of any public improvements

or public utilities facilities.

5.5.Compliance with Law. When placing, installing, constructing, maintaining,

operating, removing or relocating Equipment or Pole Placement in CITY Rights-

of-Way, or making Attachments to CITY Facilities, ExteNet shall comply with

City Code and all applicable federal and State statutes, regulations and orders,

including but not limited to the [state Commission or legislative construction

standards], National Electric Code (NEC) and/or National Electric Safety Code

(NESC)]. ExteNet shall also comply with all CITY technical specifications and

requirements that are reasonable and non-discriminatory with respect to their

impact on telecommunications services and ExteNet as a provider thereof, and all

applicable national, State and local building, electrical and safety codes.

5.6. Restoration. If the placement, installation, construction, maintenance, operation,

removal or relocation of Equipment or poles by ExteNet disturbs or alters CITY

Rights-of-Way or Facilities, ExteNet, at its own expense shall restore such CITY

Rights-of-Way or CITY Facilities to their original condition, normal wear and

tear excepted.

6. Maintenance

6.1. Proper Maintenance. ExteNet shall maintain its Equipment and poles located in

CITY Rights-of-Way and its Attachments in compliance with City Code and in

such condition that they shall not constitute a danger to the health, safety and

welfare of the public.

6.2. Right of Entry. ExteNet may enter upon CITY Rights-of-Way and CITY

Facilities to maintain or repair Equipment or poles from time to time without prior

approval of CITY.

6.3. Removal or Replacement of Equipment. ExteNet may remove or replace any

items of Equipment as reasonably required in connection with the ongoing

provision of Services without prior approval of CITY, so long as any replacement

"Exhibit A"

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Proprietary & Confidential – ExteNet Systems, Inc.

Equipment is substantially the same as that which has been removed with regard

to size, weight and physical configuration. Removal of Equipment from any

Rights of Way or Attachment shall not constitute termination of this Agreement.

6.4. Permits. In the event maintenance or repair activities will disturb or block

pedestrian or vehicular traffic in CITY Rights-of-Way, ExteNet shall obtain all

permits required by CITY prior to commencing such maintenance or repair.

7. Relocation of Equipment

7.1. Notice. CITY may request relocation of ExteNet’s Equipment by delivering

written notice to ExteNet identifying the need for such relocation and alternative

CITY Rights-of-Way and/or CITY Facilities to which ExteNet may relocate its

Equipment.

7.2. Timeframe. After receiving notice, ExteNet shall relocate its Equipment to

alternative CITY Rights-of-Way and CITY Facilities identified by CITY as soon

as practicable, but in no event sooner than one-hundred and eighty (180) days

after receipt of such notice. ExteNet and CITY may mutually agree to relocation

of Equipment in less than 180 days to respond to emergencies or other similar

extraordinary circumstances.

7.3. Cost of Relocation. In the event relocation of Equipment is necessitated by

construction, repair, maintenance, relocation or elimination of any CITY

Rights-of-Way and CITY refuses to provide ExteNet access to and use of

reasonably comparable alternative locations in the ROW or alternative Facilities

for such relocation when reasonably comparable alternative locations in ROW or

alternative Facilities for relocation are available, the cost and expense of such

relocation shall be borne by CITY (or such other party as CITY may designate),

and ExteNet shall not be required to relocate such Equipment until adequate

assurance of payment or reimbursement is delivered to ExteNet.CITY Similarly,

in the event relocation of Equipment is necessitated by the needs of another party

(other than CITY), the cost and expense of such relocation shall be borne by such

other party, and ExteNet shall not be required to relocate such Equipment until

adequate assurance of payment or reimbursement is delivered to ExteNet by such

other party unless CITY requires it to be moved prior to payment.

Notwithstanding any other provision hereof, in the event that CITY or the State

enacts an ordinance, law or regulation requiring that all aerial (e.g., pole-

mounted) wires and cables in some or all of the geographic area of the CITY be

relocated to underground installations in the ROW, ExteNet shall be permitted to

participate in any joint build program for underground installation of

telecommunications and other compatible utility wirelines and cables and to pay

only its reasonably determined proportional share of the cost of all such

relocations covered by the joint build program to the extent said program is

acceptable to those parties participating in the relocation. In all other events, the

cost and expense of relocation of Equipment shall be borne by ExteNet.

"Exhibit A"

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Proprietary & Confidential – ExteNet Systems, Inc.

7.4. Relocations at ExteNet’s Request. In the event ExteNet desires to relocate any

Equipment from one Facility to another, ExteNet shall so advise City. City will

use reasonable efforts to accommodate ExteNet by making another reasonably

equivalent Facility available for use in accordance with and subject to the terms

and conditions of this Agreement.

8. Indemnification

8.1. Scope of Indemnification for CITY. ExteNet shall indemnify and hold harmless

CITY, its elected and appointed officers, its council members, boards,

commissions, employees, and agents from any and all injury, claim, demand,

judgment, liability, or damage arising out of or resulting from ExteNet's

negligence in the placement, installation, construction, maintenance, operation

and removal of Equipment in CITY ’s Rights-of-Way or on CITY Facilities or

otherwise in the performance of this Agreement. ExteNet shall not be obligated

to hold harmless or indemnify CITY for any injury, claims, demands, judgments,

liabilities or damage to the extent that they are due solely to the gross negligence

or intentional and/or willful acts of CITY , or any of its officers, council

members, boards, commissions, employees, or agents.

8.2. Scope of Indemnification for ExteNet. CITY shall, but only to the extent

allowed by law, indemnify and hold harmless ExteNet and its officers, directors,

shareholders, employees, and agents from any and all injury, claim, demand,

judgment, liability, or damage arising out of or resulting from any negligence by

CITY or its officers, boards, commissions, employees, or agents in connection

with this Agreement. CITY shall not be obligated to hold harmless or indemnify

ExteNet for any injury, claims, demands, judgments, liabilities or damage to the

extent that they are due solely to the gross negligence or intentional and/or willful

acts of ExteNet.

8.3. Excluded Damages. In no event shall either party be liable for any punitive,

consequential, incidental, or special damages or lost profits incurred, or alleged to

have been incurred, by anyone.

8.4. Notice. Any party seeking indemnification hereunder ("Indemnitee") shall

notify the other party ("Indemnitor") within fifteen (15) days of the nature and

amount of a claim arising under this Section, and the method and means proposed

by the Indemnitee for defending or satisfying such claim.

8.5. Representation. The Indemnitor shall pay for all costs and expenses, including

reasonable legal fees, of defense for Indemnitee in any claims or actions subject to

indemnification hereunder, provided that so long as the Indemnitor has

undertaken and is vigorously pursuing such defense it shall not be responsible for

additional legal fees and expenses incurred by the Indemnitor. The Indemnitee

shall cooperate and consult with the Indemnitor respecting the defense and

"Exhibit A"

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Proprietary & Confidential – ExteNet Systems, Inc.

satisfaction of such claims, including the selection of and direction to legal

counsel, and the Indemnitee shall not pay or settle any such claim without the

prior written consent of the Indemnitor, which consent shall not be unreasonably

withheld. The Indemnitee will be allowed, at its own expense, to appear and

defend or assist Indemnitor in the defense of such claims.

8.6. Breach of Agreement. In the event that any claim, complaint or litigation is

brought by either party to this Agreement against the other for breach of this

Agreement, or for an interpretation of this Agreement, each party shall bear its

own costs, including legal fees and expenses.

9. Insurance

9.1. General Liability Insurance. ExteNet shall maintain and keep in effect during

the Term of this Agreement, commercial general liability insurance with a

combined single limit with respect to each occurrence of not less than $1,000,000,

insuring ExteNet (and naming CITY as an additional insured) against loss,

damage, cost, expense or liability for any damage to any property or injury, illness

or death of any person occurring or arising as a result of the negligence of

ExteNet in connection with the placement, installation, construction, maintenance,

operation and removal of Equipment in CITY ’s Rights-of-Way or in connection

with any Attachment on CITY Facilities or as a result of any other action resulting

from its performance under this Agreement.

9.2. Other Insurance. ExteNet shall maintain and keep in effect during the Term of

this Agreement, worker's compensation insurance as required by law.

9.3.Proof of Insurance. ExteNet shall provide insurance certificates or other

reasonable evidence of all insurance coverage required under this Agreement to

CITY which also confirms the CITY is an additional insured.

10. Security

Not less than ten (10) business days prior to the first Attachment of ExteNet Equipment

to CITY Facilities or the first installation of ExteNet Equipment within, over or under the

CITY’s ROW, ExteNet shall provide CITY with security for the proper removal of such

Equipment and restoration of such Facilities or ROW in the form of a bond in the amount

of $10,000.00 [Set forth on Exhibit C]. The Bond shall conform substantially to Exhibit

C attached to this Agreement or otherwise be reasonably acceptable to CITY, and such

Bond or a substantially equivalent replacement shall be maintained in effect throughout

the term of this Agreement, subject only to adjustments to the amount to reflect changes

in the number of Attachments or in the portion of CITY’s ROW occupied by ExteNet.

11. Assignment

"Exhibit A"

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Proprietary & Confidential – ExteNet Systems, Inc.

11.1 Assignment without approval. ExteNet shall have the right to assign this

Agreement and all rights and obligations accorded ExteNet to a wholly-owned

subsidiary or a parent entity of ExteNet without the prior written consent of

CITY. In the event ExteNet assigns this Agreement to a subsidiary or parent,

entity, ExteNet shall provide CITY with prior written notice of such assignment

and documentation to confirm the eligibility status of assignee.

11.2 Assignment requiring approval. ExteNet must obtain the prior written consent

of CITY in order to assign this Agreement, or any right or obligation under this

Agreement, to a third party other than a wholly-owned subsidiary or parent

entity of ExteNet. Such consent shall not be unreasonably withheld,

conditioned or delayed by CITY.

12. Termination

12.1 Termination by ExteNet. ExteNet may terminate this Agreement, at its

election and without cause, by providing written notice of termination to CITY at

least ninety (90) days prior to the effective date of such termination. In case of

termination by ExteNet, ExteNet shall, within ninety (90) days of notice from

CITY, Restore CITY Facility and/or ROW.

12.2 Termination by either party. Either CITY or ExteNet may terminate this

Agreement for an uncured material breach by the other party. The party asserting

a breach must first provide written notice of the existence of a material breach to

the breaching party. Such notice shall state the grounds for termination in

reasonable detail. The party receiving notice of termination for cause shall have

thirty (30) days to cure, or commence and vigorously pursue good faith efforts to

cure the alleged material breach if such breach cannot reasonably be cured within

30 days. A notice of termination for cause issued by CITY shall be issued only

after the completion of a public proceeding before the City Council, during which

ExteNet shall have a full opportunity to be heard and to respond to any notice of

grounds to terminate.

13. Notices

13.1 Service of Notice. All notices required or permitted to be given to either party

by the other party under any provisions of this Agreement shall be in writing.

Notice shall be deemed served when delivered by hand or by a private delivery

service to the other party’s address set forth below during normal business

hours. If a Notice is mailed, service is deemed complete upon the earlier of

actual delivery or the close of business on the third business day following the

date when the Notice is placed in a receptacle regularly maintained by the U.S.

Postal Service addressed to the party at the address set forth below with postage

pre-paid.

13.2 Notice shall be given to the following:

"Exhibit A"

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Proprietary & Confidential – ExteNet Systems, Inc.

CITY:

Name: Eric Johnson

Title: City Administrator

Address: 903 W. Main Street

Blue Springs, MO 64015

ExteNet:

Name: Dan Timm

Title: Chief Financial Officer

Address: 3030 Warrenville Rd., Ste 340

Lisle, IL 60532

With a copy to “General Counsel” at the same address.

14. Validity and Construction of Agreement

14.1 Counterpart Execution. This Agreement may be executed in any number of

counterparts, each of which when executed and delivered shall be deemed an

original, all of which together shall constitute the same instrument. Execution

and delivery may be accomplished by facsimile or other electronic means.

14.2 Severability. If one or more of the provisions in this Agreement are held by an

agency or court of competent jurisdiction, in a final, non-appealable order, to be

invalid, void, voidable, unenforceable or illegal, such provision shall be deemed

severable from the remaining provisions of this Agreement. Such invalid, void,

voidable, unenforceable or illegal provision shall not affect the remaining

provisions of this Agreement so long as the material purposes of this Agreement

can be determined and effected.

14.3 Entire Agreement. This Agreement states the entire agreement between the

parties and supersedes all prior agreements and understandings, whether oral or

written, between the parties with respect to the subject matter hereof, and may

not be amended or modified except by a written instrument executed by the

parties hereto. This Agreement contains the entire understanding of the parties

with respect to the subject matter hereof. No waiver of any right or remedy

hereunder shall be effective unless and until set forth in a writing delivered to the

other party, and a waiver, forbearance or other failure to enforce any right or

remedy on any given occasion or under any specified circumstance shall not be

construed as, or have the effect of, a waiver of such rights or remedies on any other

occasion or under any other circumstances.

14.4 Amendment. This Agreement may be amended only by the Parties hereto by an

entrustment in writing signed by or on behalf of each of the parties hereto.

"Exhibit A"

13

Proprietary & Confidential – ExteNet Systems, Inc.

14.5 Governing Law. This Agreement shall be governed by and construed in

accordance with the laws of the State, without reference to its conflicts of laws

principles.

15. Force Majeure.

No failure by a party to perform its obligations in accordance with this Agreement shall be

deemed a material breach or grounds for termination if such failure to perform occurred as a

result of circumstances beyond such party’s reasonable control as described below. Further, the

time for performance of any duties or obligation of CITY or ExteNet shall be extended for the

period during which performance was delayed or impeded due to causes beyond such party’s

control, including but not limited to strikes, lockouts, labor disputes, supply shortages, utility

outages, cable dig-up by third party, civil disorders, actions of governmental authorities, actions

of civil or military authority, national emergency, insurrection, riots, war, acts of terrorism, acts

of God, fire, floods, epidemics, freight embargoes or other causes beyond the reasonable control

of the party required to perform an act, the party shall be excused from performing that act for a

period equal to the period of the preventing circumstance or delay. If ExteNet or CITY claims

the existence of a circumstance preventing performance, the party claiming the delay shall notify

the other party in writing of that fact within ten (10) days after the beginning of any such

circumstance. Economic hardship, misfeasance, or malfeasance of a party’s directors, officers,

employees, council, officials or agents shall not be considered as a condition beyond the fault or

control of the defaulting party.

16. Confidentiality

Non-public information provided by either party to this Agreement, including network

deployment plans and technical and operational details, shall to the extent allowed by law be

kept confidential and used only for purposes related to the performance of this Agreement. Both

CITY and ExteNet shall take reasonable steps to protect confidential information obtained from

the other in connection with performance of this Agreement from public disclosure or

unauthorized use. It is understood by the parties that CITY is subject to Missouri’s Sunshine Law

and must comply with its terms.

IN WITNESS THEREOF, the parties hereby bind themselves legally to the terms and

conditions set forth in this Agreement, as evidenced by the signature of their duly authorized

representatives.

CITY ExteNet Systems, Inc.

By: __________________________________

By: __________________________________

Title: ________________________________ Title: ________________________________

Date:_______________________________ Date:_______________________________

"Exhibit A"

14

Proprietary & Confidential – ExteNet Systems, Inc.

"Exhibit A"

15

Proprietary & Confidential – ExteNet Systems, Inc.

CITY

Telecommunications Attachment and Rights-of-Way Agreement

Exhibit A

ExteNet Equipment Specifications

The Parties will agree upon the ExteNet Equipment Specifications and pre-approved equipment

designs within thirty days of the Effective Date.

"Exhibit A"

16

Proprietary & Confidential – ExteNet Systems, Inc.

CITY OF BLUE SPRINGS, MISSOURI

Telecommunications Attachment and Rights-of-Way Agreement

Exhibit B

Fee Rates

Section 1. The following light pole attachment fees and charges are established based on the

descriptions listed below. These fees/charges shall be administered in a competitively neutral

and non-discriminatory manner. All fees/charges will be rounded to the nearest dollar.

Street Light Pole Attachment Fees:

1. Annual Attachment Fee: $540 per street light pole attachment per year ($45 per

month)

Commencing January 1, 2015, the Annual Attachment Fee shall be adjusted

annually by any change in the Index know known as the “United States Bureau of Labor

Statistics, Consumer Price Index – All Urban Consumers, base period 1982-84=100 (CPI-U)

(hereafter the “CPI Index”); provided, however, in no event shall the amount of the Annual

Attachment Fee decrease from the previous year.

The Annual Attachment Fee does not include the use of the City’s electricity.

ExteNet is responsible for obtaining its own meter and electricity supply.

2. Non-Recurring Fees/Charges:

a. Make Ready Work Charges: ExteNet shall reimburse the City for all

actual work done or contracted by the City for any make ready or other work done to

accommodate ExteNet’s antennae and other equipment. The charge for such work shall include

all reasonable material, labor engineering and administrative costs and applicable overhead costs.

b. Inspection Fees: ExteNet shall reimburse the City for all actual work done

or contracted by the City for any necessary inspections. The charge for such work shall include

all reasonable material, labor engineering and administrative costs and applicable overhead costs.

c. Permit Application Fee: An amount equal to $65.00 per plan sheet

drawing. (The Permit Application Fee is intended to reimburse the City for costs incurred for

review of the permit application and site design approval.)

3. Unauthorized Attachment Penalty Fee: 3x Annual Attachment Fee, per

occurrence.

4. Failure to Timely Transfer, Abandon or Remove Facilities Penalty:

1/5 Annual Attachment Fee per day, per pole, first 30 days;

"Exhibit A"

17

Proprietary & Confidential – ExteNet Systems, Inc.

The Annual Attachment Fee per day, per pole, second 30 days and thereafter

"Exhibit A"

18

Proprietary & Confidential – ExteNet Systems, Inc.

CITY

Telecommunications Attachment and Rights-of-Way Agreement

Exhibit C

Security for Removal & Restoration

"Exhibit A"

"Exhibit A"

"Exhibit A"

Council Meeting Date: 6/2/2014 Agenda Item # 6

Page 1 of 2

Rev 04/03/2014

CITY OF BLUE SPRINGS

CITY COUNCIL INFORMATION FORM DATE: May 8, 2014 SUBMITTED BY: Bob McDonald DEPARTMENT: Law

Ordinance Resolution Presentation Public Hearing Agreement Discussion Rezoning Other

ISSUE/REQUEST

It is Staff’s request that the Mayor and Council authorize the City to enter into a contract with Bob McDonald to provide as needed legal services and representation to the City and the Blue Springs Land Bank during the transition and break-in period of the incoming City Attorney.

BACKGROUND/EXPLANATION

After 28 years of service, Bob McDonald is retiring. A new City Attorney is being appointed. The new City Attorney may need information and extra help while they become acclimated to the position. The contract provides that someone will be available during that time as needed. The Mayor and Council, City Administrator and City Attorney will determine what services are needed.

JUSTIFICATION

It is likely that some information and services will be needed during the transitional period. Special Counsel, pursuant to the Charter, is employed by ordinance. This contract will have someone with intimate knowledge of where things are located, where issues stand, and where items should be going available as needed. The rate is the same as for other non-employee attorneys retained by the City.

FINANCIAL IMPACT

Contractor: Bob McDonald Amount of Request/Contract: $250/hour Amount Budgeted: $10,000 Funding Source/Account #: 100.12300.510100.000 Additional Funds Needed: Funding Source/Account #:

PROJECT TIMELINE

Estimated Start Date Estimated End Date June 20, 2014 Unknown

STAFF RECOMMENDATION

Staff recommends passage.

Council Meeting Date: 6/2/2014 Agenda Item # 6

Page 2 of 2

Rev 04/03/2014

OTHER BOARDS & COMMISSIONS ASSIGNED Name of Board or Commission: N/A Date: Action:

LIST OF REFERENCE DOCUMENTS ATTACHED 1. Proposed Ordinance with proposed Contract for Legal Services attached as Exhibit “A”

IF CONTRACT REQUIRED:

1. E-Verify Affidavits Required? N/A 2. Contract/Affidavits Executed? Contract Executed by attorney

REVIEWED BY Requesting Director:

Budget::

Legal:

City Administrator:

1

Proposed by the Staff BILL NO. 4318 Introduced by Councilman _________ ORDINANCE NO. _______

AN ORDINANCE AUTHORIZING THE MAYOR OR CITY ADMINISTRATOR OF THE CITY OF BLUE SPRINGS TO ENTER INTO AN AGREEMENT WITH SPECIAL

COUNSEL FOR LEGAL REPRESENTATION

WHEREAS, Attorney, Robert K. McDonald, hereinafter “Attorney,” served the City as the City Attorney for than 28 years; and WHEREAS, the Mayor and City Council desire to employ Attorney as special counsel to provide as needed legal services to the City and to the Land Bank of Blue Springs during the transition to a new City Attorney; and WHEREAS, the City and the Attorney desire to reduce to writing the terms under which Attorney will provide legal services to the City of Blue Springs and the Land Bank; and WHEREAS, the City believes that the Agreement referenced herein is appropriate to accomplish the public goals of the City. NOW, THEREFORE, be it ordained by the City Council of the City of Blue Springs, Missouri, that: Section 1. The Mayor or the City Administrator of the City of Blue Springs, Missouri, is authorized and directed to sign the "CONTRACT FOR LEGAL SERVICES," herein referred to as the Agreement, a copy of which is attached hereto as Exhibit "A" and incorporated herein. Section 2. The City is further authorized to take all actions required in said Agreement. Section 3. This ordinance shall be in full force and effect from and after its passage and approval by the Mayor and City Council. PASSED by the City Council of the City of Blue Springs, Missouri, and approved by the Mayor of the City of Blue Springs, this 2nd day of June, 2014. ________________________________ Carson Ross, Mayor

2

ATTEST: ______________________________ Kathy Richardson, City Clerk 1st reading ___________________ 2nd reading ___________________

Exhibit A

CONTRACT FOR LEGAL SERVICES

This Contract made and entered into this ____ day of June, 2014, by and between the CITY OF BLUE SPRINGS, MISSOURI, hereinafter referred to as “City,” and Robert K. McDonald, attorney at law, hereinafter referred to as “Attorney,” and who shall together be referred to collectively as the “Parties.” WITNESSETH: WHEREAS, Attorney, served as City Attorney of the City for 28 years pursuant to his appointment by the Mayor with the approval of the City Council until his retirement from full time employment with the City; and WHEREAS, the City is desirous of retaining Attorney as “special counsel” to provide as needed legal services to the City and to the Land Bank of Blue Springs, hereinafter referred to “Land Bank” during the transition to a new City Attorney and WHEREAS, it is the desire of the City and the Attorney to reduce to writing the terms under which Attorney will provide legal services to the City of Blue Springs, Missouri and the Land Bank. NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS:

1. The Attorney is hereby retained as “special counsel” to the City of Blue Springs, Missouri, for the purpose of providing legal services for the City and the Land Bank under the direction of the new City Attorney, the City Administrator and the Mayor and City Council.

2. The Attorney shall provide such legal advice and representation as directed by the new City Attorney, the City Administrator and the Mayor and City Council as to all legal matters and issues connected to his assignments as such.

3. This Contract will commence on the date first above written and continue until such time as

either Party shall notify the other, in writing, that the Contract for Legal Services shall be terminated. Such termination shall be effective 15 days after the giving of such notice.

4. Attorney shall be paid a fee at the rate of Two Hundred Fifty and no/100 Dollars ($250.00) per hour for his services. All said services shall be under the direction and control of the City Attorney, the City Administrator and the Mayor and City Council.

IN WITNESS WHEREOF, we have hereunto set our hands and seal the day and year first above written. CITY OF BLUE SPRINGS MISSOURI BY _____________________________ Eric Johnson City Administrator _____________________________ Robert K. McDonald