City of Branson Board of Alderman City Meeting July 23rd

7/27/2019 City of Branson Board of Alderman City Meeting July 23rd

1/189

Where Values are the Difference

JULY: TEAMWORK/COOPERATIONLess me, More we: Working towards, a common goal

July 23, 2013

B d f Ald A d

BOARD OF ALDERMEN

Regular Meeting Tuesday, July 23, 2013 7:00 p.m.

Council Chambers Branson City Hall 110 W. Maddux

NOTICE OF MEETING

CITY OF BRANSON


2/189



July 23, 2013

B d f Ald A d

BRANSON BOARD OF ALDERMEN

AGENDA

July 23, 2013 7:00 p.m.

Meeting Called to Order

Pledge of Allegiance

Invocation Jim Lawson

Roll Call

Employee of the Month Traci Burrow of the Parks & Recreation Department to be

presented by Alderman Rick Davis.

PUBLIC COMMENT:

To speak during public comment, please sign the speaker sign-up sheet located at

the front door of the council chambers prior to the start of the meeting.

CONSENT AGENDA:

1) Approval of Board of Aldermen Minutes:

a) July 9, 2013 Regular Meeting

2) Acknowledge Receipt of Minutes:

a) Human Resources Committee meeting of January 11, 2013

b) Capital Improvement Committee meeting of May 13, 2013

c) Capital Improvement Committee meeting of June 17, 2013

d) Tree Board meeting of May 1, 2013

3) Final Reading of Bill No. 4385 accepting the proposal of Baker Equipment

Company for the purchase of a portable closed circuit camera system for the

Utilities Department and authorizing the Mayor to execute the contract.

4) Final Reading of Bill No. 4386 approving a contract amendment with Prolawn &

Landscape pertaining to the mowing & weed eating for the City of Branson and

authorizing the Mayor to execute the same.

REGULAR:

5) Update by Jamie Rouch of quarterly financial report.

6) Presentation of six month update from Jay Campbell and Lisa Jones on the

Convention Center, as required by contract.

7) First Reading of Bill No. 4387 approving amendments to the City of Bransons

Human Resources Manual.


3/189



July 23, 2013

B d f Ald A d

BID AWARDS:

8) First Reading of Bill No. 4388 approving a contract with K&R Electric for

installation, maintenance and removal of LED star displays in support of Ozark

Mountain Christmas and authorizing the Mayor to execute the contract.

9) First Reading of Bill No. 4389 accepting the proposal of Navistar, Inc. pertaining to

the purchase of a flatbed dump truck and authorizing the Mayor to execute the

contract.

10) First Reading of Bill No. 4390 accepting the proposal of Hunter Chase & Associates,

Inc. pertaining to the Roark Creek Trail Segment 3 Project and authorizing the

Mayor to execute the contract.

11) First Reading of Bill No. 4391 approving the 2013-2014 Workers Compensation and

Property/Liability Insurance Premiums renewals from Midwest Public Risk for the

City of Branson and authorizing the Mayor to execute the documents relatedthereto.

RESOLUTIONS:

12) A Resolution appointing a custodian of records and adopting a Sunshine Law Policy

for the City of Branson, Missouri.

13) A Resolution approving a Special Event Permit application for the Revolution 3

Triathlon.

APPOINTMENTS:

14) Appointments.

OTHER BUSINESS:

15) Discussion regarding the 76 Country Boulevard Pedestrianway Joint Use Easement

Agreement.

MAYOR/CITY ALDERMEN/CITY ADMINISTRATORS REPORTS

ADJOURN INTO EXECUTIVE SESSION

Closed Executive Session pursuant to 610.021.1 RSMo for litigation and 610.021.3 RSMo

for personnel.


4/189



July 23, 2013

B d f Ald A d

ADJOURN


5/189


6/189


7/189


8/189


9/189


10/189


11/189

M I N U T E SHUMAN RESOURCES COMMITTEE

CITY OF BRANSON, MISSOURI

January 11, 2013

1) Call to OrderThe Human Resources Committee met in the Municipal Court Room of City Hall, Friday, January 11, 2013 at 8:00

a.m. The meeting was called to order by Mayor Raeanne Presley.

2) Roll CallCommittee Members present were Mayor Raeanne Presley, City Administrator Dean Kruithof, Alderwoman Cris

Bohinc, Alderman Dr. Patrick Parnell, Janet Akers and Luise Bird.

Also present: HR Director Kelli Fleck, Nancy Haskin, and EHRC Chairperson Dennis Brunner.

Mayor Presley expressed condolences to the family of Steve Hart, a Utilities Department Plant Operator I who

had passed away unexpectedly this morning (January 11, 2013).

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

4) Discussion of Nametags for Employees.

Samples of various types of nametags were passed around. The current Board of Aldermen and Directors

nametags were determined to be too small and too hard to read. After discussion, it was decided to only put

first names on the nametags and avoid any with gold borders. Kelli is going to check with Corey Powell and see

if the new sign machine will make nametags.

5) Discussion of 2012 Turnover and Internal Promotion Rates.

Kelli reported that 22 full-time positions were vacated during the 2012 calendar year, representing 9.28% of the

total number of full-time positions, down 1.6% from the previous year. Ten of the individuals terminatingresigned, seven retired, and five were discharged. Kelli informed the committee that the turnover rate in the

Police Department was way down.

In 2012, 75% of the non-entry level positions were filled by internal applicants, resulting in 9 promotions out of

12 possibilities. This was down 1.5% from 2011.

6) Discussion of Health & Wellness and Non-Tobacco User Program Participants Numbers.

For calendar year 2012, Kelli reported that 4 employees chose not to participate in the Health & Wellness

program, 7 chose to opt-out of the Citys Health Insurance plan, and 226 employees did participate.

She also reported, that as of January 10th

, 2013, there are 7 employees not participating, 7 who opted-out, and

212 participating with 3 still needing to turn in paperwork.

The non-tobacco user program numbers for 2012 were as follows: 186 non-tobacco users; 29 who indicated

they would stop using by 1/1/12; 14 who were tobacco users; and 1 who chose not to participate. Two

individuals were found to be using tobacco after stating they were not tobacco users, and disciplinary action and

reimbursement to the City retro back to January 1, 2012 was enacted per the agreement they had signed.

Throughout the year, HR was contacted by five individuals stating they had started using tobacco and they were

switched to the higher insurance premium rate.


12/189

M I N U T E SHUMAN RESOURCES COMMITTEE

CITY OF BRANSON, MISSOURI

January 11, 2013

The numbers for 2013 appear to be as follows: 195 non users; 2 who were to have stopped by 1/1/13; 16

tobacco users; and 4 who chose not to participate in the program. Paperwork is missing from 4 others at this

time.

7) Human Resources Directors Report.

A brief discussion was held regarding cancelling the February 2013 meeting, with the March meeting scheduled

for March 8, 2013 at 8:00 a.m. Kelli reported that Supervisory Training sessions, provided by Strategic

Governmental Resources (SGR), are scheduled monthly, January through April. Hollister, Ozark, and Springfield

are also taking part in this training series.

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


13/189

Capital Improvements CommitteeMinutes May 13, 2013

Item No. 1: Mayor Presley called the meeting to order at 10:30 a.m.

Item No. 2:Roll Call: Members present were Mayor Raeanne Presley, City AdministratorDean Kruithof, Alderman Bob Simmons, Nelda Lies, and Jerry Emery. Also present were City

Engineer/Director Public Works David Miller, Finance Director Jamie Rouch, Assistant FinanceDirector Stacy McCallister, Utilities Director Mike Ray, Assistant Director of Public WorksKeith Francis, IT Director Chad Forster and IT Technician II Brandon Green.

Item No. 3: Presentation from McClelland Consulting Engineers Gretna/WildwoodIntersection Improvements. David Miller introduced Daniel Barnes, Eric Anderson and RachelHummel of McClelland Consulting Engineers. Eric Anderson explained the scope of the projectwas to determine the best solution for best improvements for intersection whether by use ofroundabout or traffic signal. Daniel Barnes explained presentation and identified that the traffic

matrix used was to identify types of levels of service (LOS) for each type of intersection andevaluate the comfort level of the intersection. He explained that the existing level for thisintersection is a D which is moderate to high level of congestion and delay. He further statedthat a roundabout would greatly increase the LOS to an A rating and a signalized traffic controlwould only reduce the LOS to level C or moderate delays or congestion. Mr. Barnes stated thatthe average speed for a roundabout will be under 20 mph and around 15 mph for a traffic signal.He further stated that the delay at the roundabout will be about 7.5 seconds compared to theexisting delay of 31 seconds. Jerry Emery inquired at what grade in the A-F system does the cityreceive complaints and delays and if we spend the money to do the improvements now, what willhappen 20 years from now when we have the same issue? Mr. Emery believed that thisintersection will be affected in 2-3 years if the city does go ahead with a sports complex. DavidMiller explained that the reason the city put up the four way stop signs at this intersection was toalleviate congestion on Wildwood. Mr. Barnes explained the capital costs of the projectconsisted of rock excavation in the amount of $250,000, retaining wall in the amount of$109,000 and right of way purchase in the amount of $282,000 for the roundabout intersectionimprovements. He explained that the footprint takes quite a bit of additional right of due to thenew retaining wall construction. He further explained that in regards to safety, roundabouts arethe safest alternative based on pedestrians and vehicular traffic. The traffic data showed thatthere were 10 accidents reported last year at this intersection. Mr. Barnes explained the DecisionMatrix and stated that four options are provided and percentages for each option. He furtherexplained that of the four options, a roundabout will be the best use for this intersection but it ismore improvement with a larger cost. David Miller stated that the city can do nothing now andlive with the D rated intersection and wait for future development. There was some discussionconcerning traffic tie-ups. The consultant stated that early afternoon is currently the issue.Nelda Lies inquired about the time saving per second. Mr. Barnes stated that delay at theroundabout will be about 7.5 seconds whereas it is 31 seconds for traffic signal. Nelda Liessuggested that the city wait to decide the intersection improvements until a decision is made forFactory Merchants Mall. Bob Simmons stated that topography does not lend to conversion of

roundabouts and diverging diamonds so the decision is to do nothing or to spend $300,000 toinstall a traffic signal and improve safety at this intersection. He stated that for budgeting


14/189

purposes that we delay for two years. The decision was made by the committee to delay thisproject at this time. Mayor Presley thanked McClelland for their study and presentation.

Item No. 4: Tour of City Projects.

Stop 1: Old high school project. David Miller explained that the bricks from the oldbuilding were used for the improvements, the HVAC was replaced on the roof, undergroundpower was installed and two change orders were authorized.

Stop 2: Hwy. 76 Complete Street project and Sabin Yanez met and explained utility lineburial and easement agreement with Branson Auto Museum.

Stop 3: Lakeside Wilderness Forest Area parking lot project and David Miller explainedthat this project is progressing as planned. The posts for the new arch will be installed in thecoming weeks.

Stop 4: Cooper Creek Wastewater Treatment Plant project. Mike Ray pointed outlocation for biosolids facility. Also pointed out space that will be used for the utilitiesmaintenance and operations building that will be built this fiscal year.

Stop 5: Rainbow Shoals Drainage Improvements project. Wayne Glenn stated thatseeding and erosion control will be installed in the next few weeks.Stop 6: Fall Creek WW Improvements project. Mike Ray explained that this project will

replace 7 lift stations and gravity sewer out to Hwy. 165 in the contracted amount of $627,000.Stop 7: Chamber parking lot project. David Miller explained that the parking lot is set

up to capture water to irrigate the trees and the vegetation on the hillside. He explained thatnative plants will be used and this parking lot is first sustainability project and chamber willshowcase it as such. He explained that there will be signs installed explaining the uniqueness ofthe project.

Stop 8: Veterans Boulevard Bridge. David Miller stated that the bridge will be open forMemorial Day weekend and that the contractor will have to return to install the lighting and thefencing.

Stop 9: Downtown Streetscape. Steve Prange with CMT explained the improvements tothe downtown and presented short Power Point. He explained that the steering committee hasmet every month and input was added as a result of the first public information meeting as wellas the study session items addressed by city council.

There being no further discussion, the meeting was adjourned at 1:00 p.m.


15/189

Capital Improvements Committee

Minutes June 17, 2013

Item No. 1: Mayor Presley called the meeting to order at 9:30 a.m.

Item No. 2: Roll Call: Members present were Mayor Raeanne Presley, City Administrator Dean

Kruithof, Alderman Bob Simmons, and Nelda Lies. Also present were City Engineer/Director PublicWorks David Miller, Finance Director Jamie Rouch, Assistant Finance Director Stacy McCallister,Utilities Director Mike Ray, Assistant City Engineer Matt Filice, and Assistant Director of PublicWorks Keith Francis.

Item No. 3: Selection of Architect for Utilities Maintenance and Operations Building. David Millerexplained that funds were allocated in the Utilities Department for construction of a newmaintenance and operations facility on the Cooper Creek Wastewater Treatment Plant property. Heexplained that the building will be used for various maintenance and operations activities for thewater and wastewater divisions of the Utilities Department. David Miller recognized Matt Filice forhis review of the proposals and asked for his input. Matt Filice explained that the city received ten

proposals. He further stated that the architect will be the prime consultant and will be responsiblefor the project, facility planning, preliminary design and space. He stated that five firms rose to thetop of the matrix and any of the top 5 firms are capable. David Miller stated that any of the top 5firms have great experience in this type of building. Mike Ray stated that the Utilities waterdistribution, sewer collection and street signs are currently working out of the Compton building.He further explained that we are short on storage areas for these divisions. He stated that neededequipment has been added this fiscal year but personnel inside building are cramped for space.Utilities Department is proposing to separate out utilities personnel to the Cooper Creek locationwhich will provide needed space for the public works department. Nelda Lies inquired of thelocation of GHNs office. Matt Filice stated that GHNs office is located in Springfield and that

Epps is also a local firm. Mayor Presley inquired the amount of the budget for the building. Mike

Ray stated that $510,000 is allocated in the budget. Dean Kruithof stated that he appreciated thegood system of firms represented but impressed more with GHN on LEED certification and greensustainability. Nelda Lies stated that she is leaning more to Epps due to their locality. BobSimmons stated that he likes the system that staff goes through for recommendations and he has noreason to vary from top recommendations. Dean Kruithof made the motion to recommend GHNMunicipal for the utilities maintenance and operations building, seconded by Bob Simmons. Vote:all yeas. None opposed. Motion carried.

Item No. 4: Selection of Consultant for Lift Station 19. Matt Filice explained that funds wereallocated in the Utilities Department to design the gravity sewer replacement for Lift Station #19.He further stated that the location of this existing lift station is Shepherd of the Hills Expressway and

Expressway Lane. Mr. Filice explained that this lift station is old and maintenance problems haveoccurred over the past few years at this location. He stated that it is actually more cost effective tobuild gravity sewer than to replace the lift station and force main. The city received eight (8)proposals and staff recommends any of the top 4 firms from the decision matrix. He stated thatRozell has representatives here today and that they are currently working on two projects, theAnimal Safari Sewer and the Branson North Water Lines. Bob Simmons inquired if they will have astaffing issue. Matt Filice explained that Rozell has been responsible on past projects and dont see


16/189

staffing as an issue. Bob Simmons made the motion to recommend Rozell for the lift station 19project, seconded by Nelda Lies. Vote: all yeas. None opposed. Motion carried.Mayor Presley thanked staff for process and recommendations.

Item No. 5: Report on Construction Status. David Miller presented status of projects. Mike Rayexplained delay in biosolids project. He stated that there is a drying equipment issue and that HDR

is investigating this issue prior to construction bids opening.

David explained that the Lift Station 9 project is finally coming along and that once the contractorcame into town, they are exceeding expectations and should meet contract deadlines.

David explained that the Limits of Technology treatment levels that DNR could impose upon thecity as part of the Cooper Creek plant expansion are no longer an issue due to the quality of the anti-degradation analysis.

David explained that the Old Branson High School is complete with minor punch list items to finish.

David explained that the street lights are back ordered for the Veterans Boulevard Bridge project.

David explained that in regards to the MS4, staff is meeting monthly with assigned duties.

Bob Simmons inquired about the CVS Pharmacy time frame. David Miller stated that the paving isimminent, the left turn lane has been installed, the traffic signal on northern leg was installed too lowand the contractor has to raise it per MoDOT standards.

Bob Simmons inquired if the old light posts off the Veterans Boulevard Bridge project have anyhistoric value.

Dean Kruithof stated that the water level sensor for the bridge has been ordered and that Suddenlinkhas approved the installation of the solar panel. He further stated that Empire Electric and the Corpsof Engineers are interested in on-line feed.

Dean Kruithof stated that the general fund is being negatively impacted by the legal fees for theCoverdale lawsuit. He further stated that the city ended up with a good ruling but the legal fees haveput a strain on the general fund. He stated that quite a bit of the property was transportationinfrastructure and that transportation fund monies may be able to be moved to the general fund. Hestated that he and the Finance Director have been discussing scaling back the overlay project to$800,000 from the $1.2 million proposed in budget. He stated that the Shepherd of the Hills @Hwy. 76 interesection and the Gretna @ Hwy. 76 intersections have to be improved. Mr. Kruithof

further explained that staff will need to sharpen the pencil to see where funds can be transferred.

There being no further discussion, Dean Kruithof made the motion to adjourn the meeting, secondedby Nelda Lies. Mayor Presley thanked Nelda Lies for service to committee and community. Themeeting was adjourned at 10:15 a.m.


17/189


18/189


19/189


20/189


21/189


22/189


23/189


24/189


25/189


26/189


27/189


28/189


29/189


30/189


31/189


32/189


33/189


34/189


35/189


36/189


37/189


38/189


39/189


40/189


41/189


42/189


43/189


44/189


45/189


46/189


47/189

City of Branson

Quarterly Financial Updat

Presented by Finance Director Jamie Rouch

June 30, 2013

1


48/189

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

2

$-

$5,000,000

$10,000,000

$15,000,000

$20,000,000

$25,000,000

$30,000,000

$35,000,000

Jan Feb Mar Apr May June July Aug Sept Oct Nov Dec

All Governmental Funds

Revenues vs. Expenditures

YTD 6/30/13

Revenues

Expenditures


49/189

83% of all GF Revenues are from Taxes & Franchise Feesof this amount, 59% is Sales Tax, 33% is Property

Tax, 7% is Franchise Taxes (Electric, Cable, Natural Gas), less than 1% Intergovernmental

3

83%

6%

2%

3%5% 0% 1%

General Fund Actual Revenues

YTD 6/30/13

Taxes & Franchise Fees

Licenses & Permits

Court Receipts

Lease & Rents

Charges for Services

Interest Income

Misc. Revenue


50/189

Licenses & Permitsincreased by $14,077 from FY2012 and $97,049 from FY2011

Court Receipts decreased by $12,097 from FY2012 and $43,862 from FY2011

Lease & Rentsdecreased by $77,267 from FY2012 and $126,929 from FY2011. This decrea

is partially due to the timing of when some businesses opened for the season. The majority

Hwy 76 lease revenue is calculated as a percentage of sales.

Charges for Servicesincrease due to increase in administrative fees 4

$-

$100,000

$200,000

$300,000

$400,000

$500,000

$600,000

Licenses &

Permits

Court R eceipts Lea se & Rents Charges for

Services

$480,275

$230,757 $

394,429

$393,546

$563,247

$198,992

$344,767

$426,743

$577,324

$186,895

$267,500

$467,144

General Fund Revenues by Category

2011

2012

2013


51/189

2013 Revenues are $48,826 less than 2012 due to a decrease in lease revenue.

2013 Expenditures (including transfers out) are $292,000 less than 2012.

5

$8,200,000

$8,400,000

$8,600,000

$8,800,000

$9,000,000

$9,200,000

$9,400,000

$9,600,000

2011 2012 2013

$8,960,775

$9,122,198

$9,073,372

$8,746,861

$9,536,674

$9,244,674

General Fund--YTD 6/30/13

Revenues

Expenditures


52/189

Overall, total 2013 operational expenditures are $339,408 more than 2012.

Factors contributing to this increase include $218K more in legal fees in FY2013, timin

pmt. for auditing services, employee separation payouts, additional positions filled. 6

$-

$200,000

$400,000

$600,000

$800,000

$1,000,000

$1,200,000

$1,400,000

$1,600,000

$1,800,000

$2,000,000

General Fund Expenditures by Dept.

YTD 6/30/13

2011

2012

2013


53/189

Sales Tax is up 3.9% for the year

Tourism Tax is up 5.6% for the year

Transportation Tax is up 3.6% for the year

7

$-

$500,000

$1,000,000

$1,500,000

$2,000,000

$2,500,000

$3,000,000

$3,500,000

$4,000,000

$4,500,000

General Fund Tourism Fund Transp. Fund

$4,152,441

$3,289,912

$2,050,503

$4,260,042

$3,327,761

$2,104,482

$4,424,390

$3,513,608

$2,179,983

Gross Sales Tax for all Governmental Funds thru YTD

YTD 6/30/13

2011

2012

2013


54/189

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

Net Tourism Sales Tax numbers for FY2013 are $109,469 more than FY20128

$-

$500,000

$1,000,000

$1,500,000

$2,000,000

$2,500,000

$3,000,000

$3,500,000

General Fund Tourism Fund Transp. Fund

$3,194,820

$3,032,340

$1,605,719

$3,292,200

$3,132,263

$1,653,619

$3,396,721

$3,241,732

$1

,702,528

Sales Tax (Net of TIF) for all Governmental Funds

YTD 6/30/13

2011

2012

2013


55/189

2013 Revenues are approx. $197K more than 2012

2013 Expenditures and Transfers are approximately $1.4 million more than 2012

due to the additional payment made on our loan in the amount of $1.2 million. This

was a reimbursed from MODOT for the 248/65 interchange as a result of the

expenditures coming in lower that anticipated. This payment decreased the length

of the loan. 9

$-

$500,000

$1,000,000

$1,500,000

$2,000,000

$2,500,000

$3,000,000

$3,500,000

$4,000,000

$4,500,000

2011 2012 2013

$3,5

6

1,3

45

$3,5

2

6,9

42

$3,7

23,6

61

$4,0

39,4

06

$1,9

49,8

77

$4,3

92,2

29

Tourism Fund--YTD 6/30/13

Revenues

Expenditures


56/189

2013 Revenues are approximately $84K more than 2012. $80K is related to the

Dog Park donation received earlier this year.

2013 Expenditures are approximately $44K more than 2012. A portion of the

increase is related to the capital equipment purchase of a loader, ballfield groomer

as well as a vehicle.

10

$850,000

$900,000

$950,000

$1,000,000

$1,050,000

$1,100,000

$1,150,000

$1,200,000

2011 2012 2013

$978,535

$1,084,142 $

1,167

,796

$1,035,014

$1,031,947

$1,075,563

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

Revenues

Expenditures


57/189

11

$-

$500,000

$1,000,000

$1,500,000

$2,000,000

$2,500,000

$3,000,000

$3,500,000

2011 2012 2013

$2,535,986

$2,843,778

$2,783,106

$2,874,819

$3,253,108

$3,192,501

Water & Sewer--YTD 6/30/13

Revenues

Expenditures

(NET OF DEPRECIATION)

2013 Revenues are $61K less than 2012.

2013 Expenditures are also $61K less than 2012.


58/189

Questions?

12


59/189

Presented July 23, 2013Jay Campbell

Lisa Jones


60/189

2013 YTDActual 2013 YTDBudget YTDVariance2013 Budgetvs. ActualTotal Food &

BeverageRevenue

$1,858,379 $2,044,131 ($185,751)

Total Revenue $2,175,467 $2,398,446 ($222,979)

IncomeBefore Fixed

Charges

($183,260) ($322,934) $139,674

EBITDA ($220,568) ($372,529) $151,960

Profit & (Loss)Before Taxes

($322,559) ($476,779) $154,219


61/189

2010Actual 2011Actual 2012Actual 2013Forecast 2013 ForecastVariance toBudgetTotal Food& Beverage

Revenue

$3,845,239 $4,229,606 $2,603,938 $4,151,482 ($313,857)

TotalRevenue

$4,642,619 $4,986,727 $3,181,745 $4,931,217 ($363,432)

IncomeBeforeFixed

Charges

($570,117) ($325,222) ($1,314,174) ($444,848) $41,483

EBITDA ($298,306) ($403,071) ($1,514,034) ($524,118) $64,176

Profit &(Loss)BeforeTaxes

($778,856) ($658,881) ($1,784,728) ($727,012) $69,783


62/189

2010 2011 2012 2013

261 272 216 174

2010 2011 2012 2013

261 272 216 174

2010 2011 2012 2013 June YTDEventDays

261 272 215 260

Tentative 12

Prospects 29

Total 261 272 215 301

RevenuePer Event

Day

$14,732 $15,550 $12,111


63/189

19%

13%

1%36%

5%

7%

5%

3% 6%5%

Lead SourcesTelephone Solicitation Competitor Repeat Business Walk In

Owner Hilton Lead Email, Fax, Letter CVB Other


64/189

Attended with Hilton Hotels PCMA, RCMA,

Rejuvenate, Collaborate, AIBTM, KC St. PatsDay client event.

Association Business KCMPI, SLAMPI, ASAE,MSAE

Sales Calls to Joplin, Jefferson City, KansasCity, Saint Louis, Springfield, Northwest

Arkansas

FAM Trips Music Directors Fam


65/189

AssociationMeetings

RCMA

Medical Meetings

417 Bride MPI

Meeting Focus

The Knot

MeetingsNet

Meetings &Conventions

Southwest.com Spirit Magazine

Revamped the Marketing campaignand created a new cohesive ad message


66/189


67/189


68/189


69/189


70/189


71/189


72/189


73/189


74/189


75/189


76/189


77/189


78/189


79/189


80/189


81/189


82/189


83/189


84/189


85/189


86/189


87/189


88/189


89/189


90/189


91/189


92/189


93/189


94/189


95/189


96/189


97/189


98/189


99/189


100/189


101/189


102/189


103/189


104/189


105/189


106/189


107/189


108/189


109/189


110/189


111/189


112/189


113/189


114/189


115/189


116/189


117/189


118/189


119/189


120/189


121/189


122/189


123/189


124/189


125/189


126/189


127/189


128/189


129/189


130/189


131/189


132/189


133/189


134/189


135/189


136/189


137/189


138/189


139/189


140/189


141/189


142/189


143/189


144/189


145/189


146/189


147/189


148/189


149/189


150/189


151/189


152/189


153/189


154/189


155/189


156/189


157/189


158/189


159/189


160/189


161/189


162/189


163/189


164/189


165/189


166/189


167/189


168/189


169/189


170/189


171/189


172/189

Branson Board of Aldermen

Staff Report and Recommendation

ITEM/SUBJECT: APPOINTMENTS.

DATE: JULY 23, 2013

INITIATED BY: OFFICE OF THE MAYOR

CITY ADMINISTRATOR RECOMMENDATION:

N/A

STAFF REPORT:

The Mayor has the following appointments to be made:

Dave Edie - Re-appointment to the Public Building Corporation with a term expiring June

2018.

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

2019.

PROPOSED MOTION:

Move to approve the Mayors appointments.

FINANCIAL REVIEW: N/A

ATTACHED INFORMATION:


173/189

76 Country Boulevard Pedestrianway Easement 1Staff Review Draft | July 11, 2013

76 Country Boulevard Pedestrianway

Joint Use Easement Agreement

1 DEFINITIONS ....................................................................................................... 4

2 GRANT, PURPOSE, AND USE ........................................................................... 4

3 DESIGN AND CONSTRUCTION OF PEDESTRIANWAY ................................... 5

Length of Pedestrianway ......................................................................................................... 5A.

Construction time frame .......................................................................................................... 5B.

Design Components ................................................................................................................. 6C.

Landscaping, Decorating, and Maintenance............................................................................. 7D.

Obstructions ............................................................................................................................ 8E.

Level of Service ........................................................................................................................ 8F.

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

Construction of Connections .................................................................................................... 9A.

Maintenance of Pedestrian Flow ............................................................................................. 9B.

5 INDEMNIFICATION ............................................................................................. 9

6 ACTIVITIES ALONG AND WITHIN THE JOINT USE EASEMENT ................... 10

Vending, Sales, and Solicitation Prohibited ............................................................................ 10A.

Pets........................................................................................................................................ 10B.

Grantors Activities ................................................................................................................ 10C.

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

On-Premise Shuttle Permit Required ..................................................................................... 11A. Vehicle Use ............................................................................................................................ 11B.

8 SIGNAGE ........................................................................................................... 11

Vertical Clearance .................................................................................................................. 11A.

Sign Relocation ...................................................................................................................... 12B.

Maintenance ......................................................................................................................... 13C.

9 BUILDING AWNINGS OR SHADE STRUCTURES ........................................... 13

10 UPGRADED WATER MAIN ............................................................................... 13

Design of Water Main ............................................................................................................ 14A. Bidding for Construction ........................................................................................................ 14B.

Award of Construction Bid ..................................................................................................... 14C. Financial Participation ........................................................................................................... 14D.

Maintenance of Facilities ....................................................................................................... 14E.

City Inspection ....................................................................................................................... 14F.

City Ordinance, Code and Street Standards Compliance ........................................................ 14G.

Dedication of the Upgraded Water Main ............................................................................... 15H.

11 WAIVER ............................................................................................................. 15

12 INVALIDITY AND FORCE MAJEURE ............................................................... 15


174/189


13 ADDITIONAL DOCUMENTS ............................................................................. 15

14 CITY ORDINANCES .......................................................................................... 15

15 COMPLETE AGREEMENT ................................................................................ 1516 BINDING EFFECT ............................................................................................. 16

17 APPLICABLE LAW ........................................................................................... 16

18 ATTORNEYS FEES .......................................................................................... 16

19 NOTICES ........................................................................................................... 16

20 APPROVAL BY BOARD OF ALDERMAN ........................................................ 16


175/189


THIS AGREEMENT is made and entered into this _____ day of _______________, 20 _____,

by and between the CITY OF BRANSON, a municipal corporation located in the State of

Missouri, (City) and __________________, (_______ [last name of property owner] or

Grantor).

WITNESSETH:

WHEREAS, the City has determined that it is beneficial to the current residents,

businesses, and tourists and the future economic development of the community to design and

construct a pedestrian-oriented walkway along 76 Country Boulevard for the purposes of

establishing a safe and inviting area for pedestrians to move between the various businesses

and attractions located on 76 Country Boulevard (76 Country Boulevard Pedestrianway or

Pedestrianway); and

WHEREAS, the Pedestrianway shall extend up to five miles, from approximatelyShepard of the Hills Parkway on the west to US 65 on the east; and

WHEREAS, construction of the Pedestrianway shall require the granting of a minimum

25-foot wide easement measured from ___________ to ___________ [identify general location

of measurement, e.g., from back-of-curb] along a series of properties with frontage along 76

Country Boulevard; and

WHEREAS, ____________ [name of owner] is currently the owner of certain real

property located within the 76 Country Boulevard Pedestrianway Project Area in Taney County,

Missouri, and within the city limits of Branson, Missouri (_________ [name of owner]

Property), as more particularly described in Exhibit A,

1

attached hereto and incorporated herein;and,

WHEREAS, the City and __________ [name of owner] agree that it is in their mutual

interest for ______________ [name of owner] to grant to the City a perpetual easement in,

along, and upon a location as generally identified on Exhibit B ( Joint Use Easement) to allow

for construction, operation and maintenance of the 76 Country Boulevard Pedestrianway on the

______ [name of owner] Property; and,

WHEREAS, City or its assigns (i.e., a specific purpose Community Improvement District)

shall pay the cost(s) for design, construction, specified maintenance, and operation of the 76

Country Boulevard Pedestrianway on Grantors property. The City shall develop an operationalrestoration plan implementing provisions outlined in the Exhibit B, Conceptual Design Plan, for

the Grantors review and shall pay all reasonable costs, including obtaining any needed

variances, for developing and implementing such plan. City shall additionally provide specified

1Exhibit A shall identify the 25-foot easement granted for the Pedestrianway from a specific property.


176/189


assistance and financial support for Grantor sign and other improvements relocation as

identified in this Agreement.2

NOW, THEREFORE, in consideration of the above premises and the covenants hereinafter setforth, the parties hereby agree as follows:

1 DEFINITIONS

Except as otherwise specified in this Agreement, the following terms shall be defined asprovided in this section.

ADAThe Americans with Disabilities Act of 1990.

ADAAGADA Accessibility Guidelines for Buildings and Facilities.

ChicaneA design feature used to slow and direct automobile or non-motorized traffic.

CityThe City of Branson, Missouri, or its assigns (e.g., a Community Improvement District CID).

Grantors PremisesThe grantors property exclusive of the 25 foot wide Joint Use Easement.

Level of ServiceScale that defines the operating conditions on the Pedestrianway.

PedestrianAny human, non-motorized, ambulatory user of the Pedestrianway, such as walkers, joggers,runners, bicyclists, tourists, visitors, shoppers, customers, and/or invitees of the Grantor.Pedestrian also includes persons with disabilities using motorized or non-motorized assistiveambulatory devices.

PROWAGU.S. Access Boards formal set of proposed guidelines for accessible rights-of-way.

2 GRANT, PURPOSE, AND USE

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

2 These provisions may need to be changed for later agreements where the City will not be paying toconstruct the Pedestrianway or relocate signs or some existing improvements.


177/189


The primary purpose of the Pedestrianway shall be to provide pedestrians, tourists,B.visitors, customers, and shoppers, and Grantors invitees a means of travel, across,through, and accessing to the entirety of the frontage of the grantors property

abutting the Pedestrianway.

The Pedestrianway may also be used by the Citys employees using motorizedC.devices, subject to the restrictions on speed limit and vehicle type in Section 7.B, formaintenance, safety, security and integrity of the Pedestrianway and the usersthereof.

Subject to a permit issued by the City and described in Section 7.A, theD.Pedestrianway may be used forGrantorslimited on-premise shuttle service.

3 DESIGN AND CONSTRUCTION OF PEDESTRIANWAY

LENGTH OF PEDESTRIANWAYA.

It is the Citys intent to extend the Pedestrianway, or its functional equivalent, fromGrantors property for an extent ofup to five miles, from approximately Shepard ofthe Hills Parkway on the west to US 65 on the east, if enabled by similar easementsfrom property owners along the Pedestrianway and the negotiation of financing ofsuch Pedestrianway (and each portion thereof) as is acceptable to the City.

CONSTRUCTION TIME FRAMEB.

The Parties mutually recognize that the time required for the completion ofConstruction of the entire anticipated length of the Pedestrianway will be extensive

and multiple factors will affect the time required for such. However, one of the criticalelements affecting the pace of progress will be the cooperative actions of the variousowners of property (Grantors) fronting the Pedestrianway. The expeditiousexecution of easements by the Grantors so that the project can commence for thecombined benefit of all Grantors, is of utmost importance in both starting andcompleting the project. Owners (Grantors) are, therefore, encouraged to executeand return to the City the required easements at the earliest practicable time. TheCity will commence construction of a portion of the Pedestrianway within the lengthdescribed in Section 3.A within five years of the date of this Agreement. Ifconstruction is not commenced within the five year period, this Agreement shall benull and void.

Grantors property shall remain physically undisturbed until commencement ofconstruction of the Pedestrianway on Grantors property. Access to Grantorsproperty shall be maintained at all times during construction.

The City will reserve the right and give consideration to prioritizing segments of thePedestrianway, with preference to areas containing a large, continuouslyconnected group of Owners (Grantors) which have demonstrated their desire for theproposed improvements by timely executing and delivering the required easements


178/189


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

DESIGN COMPONENTSC.

As illustrated in Figure 3-A, the Pedestrianway shall be designed as follows:

1. Pedestrianway

Within the easement, and where the City determines it appropriate, in constrainedareas potentially using a portion of the ROW, the City shall construct and maintainthe Pedestrianway to a maximum of 15 feet wide, comprised of the followingsegments:

a. Pedestrian Flow Zone: A 12-foot wide unobstructed pedestrian flow zone thatmay be reduced to eight feet in width across driveways.

Figure 3-A: Pedestrianway Functional Design


179/189


180/189


3. Lighting,

4. Underground utilities accommodation, and

5. Operational safety components (e.g., signage, striping, cross-walks).

b. The City also may elect to provide the following elements:

1. Street furnishings (e.g., benches, trash receptacles, pedestrianshade provisions, water misters, etc.);

2. Landscaping beyond grass or low ground cover;

3. Corridor thematic components;

4. Public transit stop components;

5. Mid-block crosswalk pedestrian components;

6. Seasonal enhancement, or city-wide event decorations;7. Visitor wayfinding communication; and

8. Pedestrian-level audio environment ambiance provisions.

c. The City shall maintain the Joint Use Easement to the same standards as itgenerally maintains all pedestrian walkways within the City.

2. Grantor Obligations

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

OBSTRUCTIONSE.

The Pedestrianway shall be free of horizontal obstructions within the Joint UseEasement. The Pedestrianway shall also be free of all vertical obstructions for aheight of eight feet above ground level unless varied by appeal to and approval bythe Board of Alderman.

LEVEL OF SERVICEF.

The Pedestrianway shall have the capability to accommodate 20,000 pedestrians perday at a minimum level of service of B and shall: follow, when reasonably possible,applicable sidewalk geometric design standards as outlined in AASHTOs currentGuide to Planning, Design and Operation of Pedestrian Facilities; maintain Bicycling

LOS C; be compliant with shared use path geometric design standards as outlinedin AASHTOs Guide to Development of Bicycle Facilities.


181/189


4 GRANTOR CONNECTION TO PEDESTRIANWAY

CONSTRUCTION OF CONNECTIONSA.

1. City Responsibility

The City shall construct all connections within the Joint Use Easement fromGrantors primary building entrance to the Pedestrianway. The Grantor shall beresponsible for all portions of construction and maintenance outside of the Joint UseEasement.

2. Grantor Responsibility

All grade transitions of the connections from the grantors building entrance(s) to thePedestrianway shall be the responsibility of the Grantor. With the exception of amaximum longitudinal grade transition of 5 percent within the outermost 5 feet of theeasement (i.e., the Frontage zone), grade transitions shall be accomplished outside

of the 25 foot easement;

MAINTENANCE OF PEDESTRIAN FLOWB.

1. Grantor Responsibility

Grantor shall have unrestricted physical walkway connections to the Pedestrianway,except that:

a. No buildings entry doors gates or similar moving entry features of the Grantorspremises shall protrude or encroach more than 3 feet into the 25-foot Joint UseEasement nor shall they or their operation encroach or affect the flow oroperations within the Pedestrianway. Primary or secondary uses structuralprotrusions or encroachments in the Joint Use Easement are prohibited.

b. All parking, loading or primary or secondary uses or structures shall be subjectto a 5 foot buffer from the Pedestrianway.

c. In no case shall operations or conditions of the Grantors property or premisesaffect the flow or operations of pedestrians within or through the Pedestrianway.

5 INDEMNIFICATION

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


182/189


6 ACTIVITIES ALONG AND WITHIN THE JOINT USE EASEMENT

VENDING, SALES, AND SOLICITATION PROHIBITEDA.

Pedestrians, tourists, visitors, customers, invitees, and who are entering thePedestrianway for the purposes of traveling through, shall be able and expected tomove at a customary pace, without delay, except to patronize Grantors premises.No vending, sales, soliciting, peddling, storing, or display3 of goods, services, ormerchandise is permitted within the Joint Use Easement, except for such end ofseason sidewalk sales or festivals which are universal throughout the 76 PedestrianWalkway or the City. Notwithstanding any provisions of this Agreement, such time-limited universal activities may only be conducted afterapplication and issuance ofrequired permits and within City Code limitations.

PETSB.

Only domesticated pets connected to and controlled by leashes are permitted to beon the Pedestrianway.

GRANTORS ACTIVITIESC.

1. Non-Emergency Construction and Maintenance Activities

Grantors activities on premises shall not be restricted except that neither operations,activities on, nor conditions ofthe Grantors property may interrupt, interfere with, oraffect the flow, operations, safety, or convenience of pedestrians into, within, orthrough the Pedestrianway or Joint Use Easement. Grantor may seek a temporaryeasement operation permit4 from the City to conduct the following activities whenthey require partial interference with the Joint Use Easement:

a. Temporary activities of either construction, maintenance, or reconstruction ofGrantors premises; or

b. Brief annual maintenance of signage.

2. On-Premise Shuttle Service

Grantors limited operation of shuttle vehicles may be allowed with a City-issued on-premise shuttle permit as described in Section 7.A. On-premise shuttle service shallbe limited to the following purpose and use:

a. The service is used to transport passengers solely on and through Grantorsproperty.

b. Shuttle trips must originate and end on Grantors premises.c. Shuttle trips may cross the Pedestrianway but may not stop, except to yield to

pedestrians, nor load any additional passengers in the Pedestrianway.

3Auto Museum shall be allowed up to four display sites of automobiles within the easement so long as they do not interfere

with function and geometry of Pedestrianway as established within this Agreement4

We anticipate that this may be a new permit that the City will issue for private work done with access from the Joint Use

Easement.


183/189


3. Urgent and Emergency Activities

The repair or restoration of failed premise-sustaining utilities lines within the JointUse Easement and connecting to Grantors property shall be considered as urgent or

emergency activities. However, the City must be notified sufficiently in advance ofany urgent or emergency activity that may interrupt pedestrian traffic to enable Cityto safely re-route pedestrians around such urgent or emergency utility repair andservice restoration.

7 REGULATION AND USE OF VEHICLES

ON-PREMISE SHUTTLE PERMIT REQUIREDA.

The City shall establish an on-premise shuttle operation permit process5 that isdesigned to review Grantors on-premise shuttle requests with the purpose ofpreserving and maintaining the safe and orderly function of pedestrians, tourists,visitors, and shoppers along the extent of the Pedestrianway as well as preventing

interruption, interference or negative effects to the flow or operations of pedestrianswithin or through the Pedestrianway. On-premise shuttles shall be operated in amanner that is consistent with the use of the Pedestrianway by groups ofunaccompanied minors as well as senior citizens. The City shall consider thefollowing criteria in determining whether to issue an on-premise shuttle permit:

a. Impact to, and provisions for preservation of the operational standards(especially Section 3.F.) of the Pedestrianway, including the flow, convenience,or operation of the facility and ability to maintain pedestrian level of service;

b. Anticipated number and frequency of shuttles on the Pedestrianway; and

c. Origin and destination facilities for shuttles, but in no case shall shuttles of the

Grantor, or any other outside parties, be allowed or permitted to travel theeasement to another premises (separate parcels of land).

VEHICLE USEB.

a. All shuttles, bicyclists, and other authorized vehicles within the Pedestrianwayshall yield to pedestrians.

b. The maximum operating speed of any vehicle within the Pedestrianway shall be5 miles per hour.

c. Failure to comply with the standards of this Agreement shall be grounds forimmediate removal of vehicles and/or revocation of any on-premise shuttlepermits, as determined by the City.

8 SIGNAGE

VERTICAL CLEARANCEA.

Signs shall not protrude or encroach into the Joint Use Easement below 8 feetvertically above ground level or the surface of the Pedestrianway, whichever isappropriate.

5We anticipate that this will be a new permit that the City will issue for the use of on-premise shuttle service.


184/189


SIGN RELOCATIONB.

1. Relocation or Preservation of Existing Sign

Grantor may elect to maintain one existing, legally-permitted sign within or proximateto the easement subject to the Citys applicable sign regulations. Grantor shallsubmit a written request to maintain an existing sign to the City within 120 days ofexecution of this Agreement. The request6 shall:

a. Describe the signs specifications (i.e., physical parameters and electricalpower needs - dimensions, weight and electrical, etc.), and

b. Identify requested locational changes necessary to maintain the sign inconformance with the requirements of the Joint Use Easement.

2. City Provision of Sign Pedestal

If the City determines that accommodation of the Grantors sign in its present

location, or above proposed relocation does not, or cannot with modifications, enablethe easement and Pedestrianway to meet the afore-established functional objectivesand operating provisions, the City shall, within 60 days of receiving Grantorsrequest, at its sole cost, provide the plans for a sign pedestal foundation, column andstandard mounting base/bracket and electrical conduit for one sign on Grantorspremises. Following the Grantors acceptance of said design (within 30 days ofreceipt), the City shall also provide to Grantor up to $_______reimbursement for theexisting signs one-time modification to be affixed to the installed pedestal. The Cityshall ensure that aforementioned sign pedestal and appurtenances shall be in placefor sign relocation within 60 days.7

3. Location of and Design of Sign Pedestala. The pedestal shall either straddle the Pedestrianway through a cantilevered

and/or multi-columned design, or at the Citys prerogative, be a single pedestallocated within the center of Pedestrianway, with suitable geometric re-design ofPedestrianway for a pedestal island. The modified sign setback shall bereduced to zero feet along the 76 Highway right-of-way. The sign pedestal shallbe located at least ten feet from any driveway or public side street.

b. The pedestal may be encased with a design by the City consistent with that ofthe Pedestrianways aesthetic theme of the district, so long as it does notviolate level of service and geometric standards for safely and conveniently-functioning Pedestrianway, The sign pedestal may also incorporate apedestrian shade element, but the shade element shall not protrude, asestablished within this Agreement into the Pedestrianway, nor be structurally

affixed to Grantors premises.c. Any non-copy or non-graphic (e.g., structural) elements of any monument

signage within the 25 foot easement shall comply with the 76 CountryBoulevard Corridor Master Plans aesthetic design themes, as established inthe Zoning Overlay District.

6We anticipate that the City will create a standard application for this request.

7Process and timing will need further development and refinement


185/189


The Grantor shall provide a circuit breaker, accessible to the City, for the signselectric power within the outer 5 feet of the 25 foot easement in the property-sidefrontage buffer zone. In lieu of above election for signage to remain within the

easement, the Grantor may request that the City provide up to $_______of a one-time reimbursement for the construction and installation of a building-mounted signon the Grantors premises. The election must be made by Grantor in writing to theCity within one year of the effective date of this Agreement and the reimbursementrequest shall be submitted to the City within three years of the effective date of this

Agreement.

MAINTENANCEC.

Grantor shall maintain the appearance and operation of the sign pursuant to therequirements of the Branson Sign Code.

Grantor shall be solely responsible for the removal of abandoned or destroyed signs.

The city may remove any abandoned or destroying sign which has not beenremoved by Grantor within _____ days after abandonment or destruction and uponnotification as required by the Branson City Code, if any. The cost of removal shallbe charged to the Grantor.

9 BUILDING AWNINGS OR SHADE STRUCTURES

A. Grantor may provide building awnings and/or shade structures within the Joint UseEasement subject to city permit approval.

B. Shades structures are subject to the vertical clearance requirements of Section 8.A andthe construction, materials, and maintenance requirements of the Branson Sign Code.

C. If shade structure support elements encroach into the Joint Use Easement, asauthorized in the aforementioned permit, they shall be consistent with the 76 CountryBoulevard Corridor Master Plans aesthetic design themes as established in the ZoningOverlay District.

10 UPGRADED WATER MAIN

Review Comment: This section was included specifically for a water main upgrade andreimbursement along the Auto Museum property. It will need to be removed for other

Agreements.

As part of this Agreement, the City and Grantor also agree to relocate an existing eight-inch Citywater main located on Grantors property, upgrade the existing main to a 12inch water main,and install the new water main in a location as generally identified on Exhibit B attached heretoand incorporated herein to allow for construction and redevelopment.


186/189


DESIGN OF WATER MAINA.

Grantor agrees to retain a professional engineer, registered in the State of Missouri,to design and engineer proper abandonment of the existing eight -inch water main

and the installation of a 12-inch water main as generally depicted and identified inExhibit B. The professional services contract with the engineer shall be approved bythe City Engineering Department and Board of Aldermen, including the scope ofwork and the maximum engineering fee, prior to any work being performed.

BIDDING FOR CONSTRUCTIONB.

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

AWARD OF CONSTRUCTION BIDC.

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

FINANCIAL PARTICIPATIOND.

Upon acceptable completion, City shall reimburse Grantor for 100% of the costs ofthe engineering, design and installation of the new water main and properabandonment of the existing main. All construction work to be performed to properlyabandon the existing water main and install the new main shall be completed within

150 days after City approval is obtained.

MAINTENANCE OF FACILITIESE.

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

CITY INSPECTIONF.

Grantor agrees to allow City to inspect, observe, and oversee the construction of thewater main work and appurtenances in order to ascertain and determine compliancewith the Public Improvement Standards and the ordinances of City. Notwithstanding

the foregoing, Grantor shall complete the installation of the water main in accordancewith the plans approved by City.

CITY ORDINANCE, CODE AND STREET STANDARDS COMPLIANCEG.

Except as provided for herein, Grantor agrees to comply with the PublicImprovement Standards at Chapter 530, the latest version of the building codes orInternational Building Codes (IBC), and health codes adopted by City. No work is tobe performed until the design has been approved by the City Engineering


187/189


Department and required permits have been issued. Non-compliance with Citybuilding code requirements is sufficient grounds for termination of this Agreement byCity. Grantor agrees to design, engineer, and install the water main in accordance

with the technical specifications for public improvement projects, codified at Chapter530 of City Code.

DEDICATION OF THE UPGRADED WATER MAINH.

Upon (a) the completion of the water main installation by Grantor in accordance withthis Agreement, and (b) the receipt by Grantor of all funds described in Section 10.Dabove, Grantor shall convey and dedicate the water main to City along with aneasement sufficient to allow City to repair and maintain the water main, and City shallaccept such conveyance and easement, subject to Grantors guaranty as set out inE. above.

11 WAIVER

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

12 INVALIDITY AND FORCE MAJEURE

The parties hereto agree that if any part, term, portion, or provision of this Agreement is held bya court of competent jurisdiction to be illegal or in conflict with any law of the State of Missouri,the validity of the remaining parts, terms, portions, or provisions shall not be affected, and therights and obligations of the parties shall be construed and enforced as if the Agreement did notcontain the invalidity.

The failure of performance of the construction obligations and conditions on behalf of Citypursuant to this Agreement resulting from acts of God, war, act or incidence of terrorism, civilinsurrection or riot shall not be a breach or an event of default of City pursuant to this

Agreement.

13 ADDITIONAL DOCUMENTS

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

14 CITY ORDINANCES

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

15 COMPLETE AGREEMENT

The parties agree that this writing is the complete Agreement between the parties, and thatthere are no promises, representations or understandings not expressly set forth herein. This


188/189


Agreement can only be modified in a writing, signed by both parties, and approved by City withthe passage of an ordinance approving the modification, addendum or amendment.

16 BINDING EFFECT

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

17 APPLICABLE LAW

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

18 ATTORNEYS FEES

In the event either party fails to perform any of its obligations under this Agreement or in theevent a dispute arises concerning the meaning or interpretation of any provisions of this

Agreement, the defaulting party or the party failing to prevail in such dispute, as the case maybe, shall pay any and all costs and expenses incurred by the other party in enforcing orestablishing its rights hereunder, including without limitation, court costs and reasonableattorney's fees.

19 NOTICES

Any notices required herein shall be sent in the U.S. Mail, either registered or certified, return

receipt requested, to the parties at the following addresses and shall be deemed given threedays after sent:

CITY: THE CITY OF BRANSON, MISSOURI GRANTOR:City Administrator110 W. Maddux StreetBranson, MO 65616

20 APPROVAL BY BOARD OF ALDERMAN

This Agreement shall be in full force and effect upon approval of this Agreement by a majority ofthe Board of Alderman of the City of Branson, Missouri, which shall be sought at the earliest

possible time, but no later than such regular meetings of the Board after the date of execution ofthis Agreement as may be required for approval by the Board.

IN WITNESS WHEREOF, the parties have executed this Agreement the day and year firstabove written.

By: ________________________________ _______________________Name, Grantor Title


189/189

City of Branson

By: ________________________________ Approved as to Form:Raeanne Presley, Mayor

Attest: ______________________________________________________

Lisa K Westfall Leland L. Gannaway

Documents

City of Branson Board of Alderman City Meeting July 23rd