HomeMy Public PortalAboutExhibit MSD 62 - Levee District Agreement -- Monarch-Chesterfield, Missouri Bottoms (Bridgeton Subdistrict), Earth City, Howard Bend, RiverportExhibit MSD 62
INTERGOVERNMENTAL COOPERATION AGREEMENT
BETWEEN
METROPOLITAN ST. LOUIS SEWER DISTRICT
AND
MONARCH-CHESTERFIELD LEVEE DISTRICT
EFFECTIVE AS OF March 31, 2017
TABLE OF CONTENTS
ARTICLE I STORMWATER MANAGEMENT AGREEMENT AND BILLING 6
Stormwater Services to be provided by the Levee District 6
Levee District Contact Information
Recognition of Levee District Jurisdiction for Stormwater Management 7
MSD Services 7
Assessment within Levee District 8
Exclusion of Levee District Property from Subdistrict Boundaries 8
Section 1.1
Section 1.2
Section 1.3
Section 1.4
Section 1.5
Section 1.6
7
ARTICLE II ASSIGNMENT OF PROPERTY INTERESTS 8
Section 2.1 Assignment of Easements to Levee District 8
Section 2.2 Return of Easements to MSD in the Event of Termination 9
Section 2.3 Future Stormwater Easements within the Levee District 9
Section 2.4 Improvements Constructed in Easements 9
ARTICLE III ENVIRONMENTAL REGULATION 9
Section 3.1 Phase 11 Permit Requirements 9
ARTICLE IV PLAN REVIEW AND ENFORCEMENT POWERS 10
Section 4.1 Plan Review and Enforcement of Levee District Planning Guidelines 10
Section 4.2 Enforcement of Levee District Construction Inspection Guidelines 10
ARTICLE V TERM AND TERMINATION 10
Section 5.1 Term. 10
Section 5.2 Termination 10
ARTICLE VI DEFAULT AND REMEDIES 11
Section 6.1 Default and Remedies. 11
ARTICLE VII
Section 7.1
Section 7.2
Section 7.3
Section 7.4
Section 7.5
Section 7.6
Section 7.7
Section 7.8
Section 7.9
MISCELLANEOUS 11
Recitals 11
Assignment 11
Choice of Law and Venue 11
Entire Agreement; Amendment; Reliance by Third Parties 11
Counterparts 11
Severability 11
Headings 12
Representatives Not Personally Liable 12
Force Majeure 12
EXHIBIT A Boundaries of Levee District
EXHIBIT B Boundaries of MSD
EXHIBIT C Map of Public Storm Sewers in Levee District
EXHIBIT D Assignment of Property Interests
EXHIBIT E Form of Easement for Stormwater Improvements in Levee District
3
INTERGOVERNMENTAL COOPERATION AGREEMENT
THIS INTERGOVERNMENTAL COOPERATION AGREEMENT ("Agreement")
is made and entered into as of the 31'` day of March, 2017, by and between the Metropolitan St.
Louis Sewer District (" MSD ") and the Monarch -Chesterfield Levee District (the "Levee
District").
RECITALS
A. The Levee District was formed on July 21, 1947. pursuant to an Order of the
Circuit Court of St. Louis County, Missouri in a case styled In Re Monarch -Chesterfield Levee
District, Cause Number 181323, having a boundary description as set forth in Exhibit A attached
hereto.
B. The Levee District maintains a system of levees and other structures to provide
protection from flooding by the Missouri River and certain tributaries ("Levee System").
C. Pursuant to Chapters 245 and 246 of the Revised Statutes of Missouri ("Enabling
AcP), the Levee District, through its Board of Supervisors, is authorized and empowered, inter
alia, to construct and maintain drainage ditches, pumping stations, syphons and any other works
and improvements deemed necessary to preserve and maintain the works in the Levee District.
D. MSD was formed on February 9, 1954 pursuant to Section 30 Article VI of the
Constitution of the State of Missouri and the Charter (Plan) of the Metropolitan St. Louis Sewer
District approved by the voters in St. Louis City and St. Louis County, Missouri on February 9,
1954 and amended on November 7, 2000 and on June 5, 2012 ("Charter"), having a boundary
description as set forth in Exhibit B attached hereto.
E. The boundaries of the Levee District overlap or are included within the
boundaries of MSD.
F. Pursuant to the Charter, MSD has the power. inter alia, to have jurisdiction,
control, possession and supervision to construct, operate and maintain a drainage system. MSD
also has the power to approve, revise, or reject the plans and designs of all private or public
stormwater facilities. No such facility shall be constructed or reconstructed without the approval
of MSD and any such work shall be subject to the inspection and supervision of MSD. MSD also
has the power to contract with other public agencies for the construction, use, or maintenance of
stormwater facilities or for the performance of any service required by MSD.
G. MSD and the Levee District are political subdivisions of the State of Missouri
and, with due authorization and approval of the Board of Trustees of MSD in Ordinance No.
14597 adopted on January 12, 2017, and the Board of Supervisors of the Levee District by
resolution approved at a meeting of the Board of Supervisors on September 8, 2016, enter into
this Agreement under authority conferred by Section 70.220. RSMo (2006) and MSD's Charter,
Section 3.020.7.
4
H. In addition to the Levee System, pursuant to statutory authority, the Levee District
has responsibility for maintaining a system of public stormwater infrastructure that includes
drainage ditches, pumping stations and other public stormwater infrastructure ("Stormwater
System").
I. The Levee System and the Stormwater System function together to provide a
system of' flood protection and stormwater management that is subject to regulation by local,
state and federal agencies including the City of Chesterfield, Missouri, St. Louis County,
Missouri, MSD, the Missouri State Emergency Management Agency, the Federal Emergency
Management Agency and the United States Army Corps of Engineers.
J, As required by the agencies regulating the Levee District, the Levee District has
adopted guidelines and polices relating to operation and maintenance of the Levee System and
the Stormwater System (together, the Levee System and the Stormwater System shall be referred
to herein and together shall mean the "MCLD System"). The Levee District is a governmental
entity that is responsible for operations and maintenance of the entire MCLD System, including
maintenance and operation of the pump stations serving the master conveyance ditches and the
levees within the District;
K. MSD historically has recognized the unique function of the Levee District in
providing stormwater management within the boundaries of the Levee District and MSD
historically has deferred to the Levee District or related entities in most aspects of stormwater
management, including but not limited to design criteria and plan review.
L. The cost to construct, operate and maintain a vast majority of the MCLD System
has been paid by property owners within the Levee District boundaries.
M. To fund its stormwater services, MSD currently collects an ad valorem property
tax at the rate of $0.0197 per $100 assessed valuation for the purpose of providing stormwater
regulatory services and an ad valorem property tax at the rate of $0.1000 per $100 assessed
valuation for the purpose of operation and maintenance of the stormwater system. MSD is not
currently imposing an impervious fee and is discontinuing its stormwater service charge of
$0.24/$0.18 per month as of July I , 2016.
N. Due to the unique nature of the Levee District's authority and responsibilities for
flood control and stormwater management within the boundaries of the Levee District, the Levee
District and MSD recognize that the Levee District is in a position to provide some stormwater
services currently or planned to be provided by MSD within the Levee District boundaries.
0. Based upon the Levee District's ability to provide some stormwater services
within the Levee District boundaries, the parties seek to reach an agreement for the Levee
District to provide the Stormwater Services (as defined in Article 1, Section 1.1), and to reach an
agreement for MSD to provide the MSD Services (as defined in Article I. Section 1.4).
P. Property within the Levee District will be subject to MSD's ad valorem property
tax of $0.0197 per $100 assessed valuation for MSD stormwater regulatory services. Based
upon the Levee District's ability to provide Stormwater Services (as defined in Article I,
Sectionl.l) within the Levee District boundaries, MSD shall not collect the proposed Stormwater
5
ad valorem property tax of $0.1000 per $100 assessed valuation from property within the Levee
District boundaries for the Stormwater Services performed by the Levee District. However, MSD
may establish a subdistrict in response to a petition by property owners solely within the Levee
District as provided for in MSD's Charter (Plan)_
Q. Subject to the termination provisions herein, the effective date of this Agreement
shall be March 31, 2017 ("Effective Date").
Now, THEREFORE, in consideration of the premises and promises set forth herein, the
adequacy and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:
ARTICLE 1
Stormwater Management Agreement and Billing
Section 1.1 Stormwater Services to be provided by the Levee District. Within the
Levee District boundaries, the Levee District will provide the following services, to be included,
referred to herein, and defined as "Stormwater Services:"
A. Maintenance, as determined by the Levee District, of Public Storm
Sewers, as defined herein, existing as of the Effective Date in accordance
with the map attached hereto as Exhibit C;
B. Maintenance, as determined by the Levee District, of Public Storm
Sewers, as defined herein, accepted by the Levee District in accordance
with MSD and Levee District standards, after the Effective Date, and
those constructed by the Levee District;
C. Plan review of all stormwater plans to ensure designs are substantially
consistent with Levee District and MSD requirements, except for facilities
required to meet stormwater quality requirements, which facilities will
remain subject to MSD review;
D. Permitting of all stormwater facilities;
E. Construction inspection of all Public Storm Sewers;
F. As -built survey review, processing, and records retention associated with
Public Storm Sewers;
G. Delivery of the as -built survey drawings to MSD for mapping as projects,
public or private, are accepted by the Levee District;
H. Participation in Missouri One -Call;
1. Maintenance and operation of "master" stormwater conveyance ditches;
.1. Oversight of (i) maintenance and (ii) operation of private detention and
retention basins, or the enforcement thereof.
The term "Public Storm Sewer" shall mean any storm sewer, storm inlet, storm manhole, formed
concrete paved channel, or other similar man-made structure used in the conveyance of
stormwater across the property line of a parcel of land or collection of stormwater that crosses
the property line of an individual parcel of land, excluding those facilities listed in Section 1.2.
Stormwater systems that collect run-off from a single parcel of land and convey only that flow to
another stormwater system located within a publicly maintained right-of-way or easement shall
6
be considered a private storm sewer. In connection with Public Storm Sewers, the Levee District
will provide a report to MSD at a minimum of annually within sixty (60) days of each calendar
year end, summarizing previous submittals or providing as -built survey drawings for new public
storm sewers constructed during the previous calendar year and summarizing major repair or
improvement projects of existing Public Storm Sewers planned by the Levee District during the
upcoming calendar year.
Section 1.2 Levee District Contact Information. The Levee District will provide
MSD with contact information of personnel or contractors for routine and emergency matters
relating to stormwater management within the Levee District. MSD shall refer any routine or
emergency inquiries it receives relating to stormwater issues in the Levee District in accordance
with the contact information provided and updated by the Levee District in writing from time to
time. The Levee District shall, upon the Effective Date of this Agreement, and periodically
thereafter, inform its residents of the appropriate Levee District contact for stormwater related
complaints.
Section 1.3 Recognition of Levee District Jurisdiction for Stormwater
Management. MSD agrees that the Levee District has the ability to provide some stormwater
management within the Levee District. MSD further agrees that the Levee District, in its sole
discretion, may exercise any or all of the powers, duties and functions of a levee district under
the Enabling Act or any Missouri or federal law, including but not limited to the following: (i)
conducting studies with respect to stormwater management; (ii) establishing plans and criteria
for stormwater management within the Levee District; (iii) planning and implementing a
stormwater master plan within the Levee District; (iv) constructing, using, maintaining and
operating stormwater infrastructure and related appurtenances; (v) acquiring lands and other real
and personal property rights; (vi) adopting regulations, policies and guidelines for construction;
(vii) cooperating with other political subdivisions to accomplish stormwater management within
the Levee District as deemed necessary by the Levee District; and, (viii) doing all things
necessary or incidental to the foregoing.
Section 1.4 MSD Services. MSD will provide the following services within the Levee
District, which shall be referred to herein and defined as "MSD Services":
A. Upkeep and use of stormwater rules and regulations;
B. Stream' flow monitoring;
C. Water quality monitoring;
D. GIS/Mapping; and,
E. All water quality regulatory activities required under the Phase II Permit,
as defined herein, and any future water quality functions required to be
performed by any federal, state or local agency having jurisdiction over
MSD. As of the Effective Date, the water quality regulatory activities
included in MSD Services are as follows:
Overall service area oversight, reporting and coordination with
Missouri Department of Natural Resources and the Environmental
Protection Agency;
Site stormwater run-off control;
7
(iii) Monitoring maintenance of post -construction stormwater best
management practices;
(iv) Public education and public participation on local sources of water
pollution;
(v) Illicit discharge inspection and elimination in open channels;
(vi) Development of Best Management Practices for operations and
maintenance activities;
(vii) Inspection of stormwater discharges;
(viii) Enforcement; and,
(ix) Plan review of all stormwater plans for facilities required to meet
stormwater quality requirements.
MSD will update its GIS database to include all Public Storm Sewers existing in the Levee
District and any future Public Storm Sewers identified by the Levee District within its
boundaries, and MSD shall make the GIS database available in any format requested by the
Levee District for use by the Levee District and its agents for stormwater purposes within the
Levee District.
Section 1.5 Assessment within Levee District. While this Agreement is in effect,
MSD and the Levee District agree that based upon the Levee District's ability to provide
Stormwater Services (as defined in Article 1, Section 1.1) within the Levee District boundaries,
MSD shall not collect the Stormwater ad valorem property tax of $0.1000 per $100 assessed
valuation from property within the Levee District boundaries.
Property within the Levee District shall continue to be subject to the Stormwater ad
valorem property tax of $0.0I 97 per $100 assessed valuation for the purpose of providing MSD
regulatory services.
Section 1.6 Exclusion of Levee District Property from Subdistrict Boundaries.
MSD agrees that property within the Levee District boundaries shall be excluded from any
subdistrict unilaterally established or proposed by MSD for the purpose of instituting any tax,
assessment, charge or regulation in connection with any stormwater related function or service
by MSD now or in the future. If petitioned by residents of the Levee District to form a
subdistrict, MSD shall follow the Charter and other regulations governing MSD in response to
any such petition. The parties acknowledge and agree that under the Charter, any petition to form
a subdistrict including all or part of the Levee District is not eligible for consideration unless said
petition is brought by the requisite number of residents and acres of property within the Levee
District, solely considering the boundaries of the Levee District.
ARTICLE II
Assignment of Property Interests
Section 2.1 Assignment of Easements to Levee District. MSD hereby transfers and
assigns to the Levee District all recorded easements and rights of way granted to MSD for
stormwater facilities, any public stormwater improvements thereon, by deed, plat or other
writing, for use by the Levee District in accordance with the terms of this Agreement. MSD
8
shall, simultaneously herewith, execute the Assignment of Property Interests attached hereto as
Exhibit D, which shall be recorded by the Levee District.
Section 2.2 Return of Easements to MSD in the Event of Termination. In the event
of termination of this Agreement as provided in Article VI herein, the Levee District shall assign
and transfer back to MSD (i) the easements and rights of way transferred and conveyed by MSD
to the Levee District pursuant to the Assignment of Property Interests described herein, as well
as (ii) any other property rights held by the Levee District necessary for MSD to maintain public
storm facilities within the boundaries of the Levee District.
Section 2.3 Future Stormwater Easements within the Levee District. Any
stormwater easements required after the date hereof pursuant to plans and guidelines established
by the Levee District shall be dedicated to the Levee District and shall remain the property of the
Levee District. Such stormwater easements in favor of the Levee District shall be in the form
attached hereto as Exhibit E. Stormwater or drainage easements owned by the Levee District,
except for those necessary for MSD to maintain public storm facilities, as of the date hereof are
and shall remain the property of the Levee District. In the event that this Agreement terminates,
all stormwater and drainage easements in favor of the Levee District that are necessary for MSD
to maintain public storm facilities shall be transferred to MSD to allow it to maintain the public
storm facilities within the boundaries of the Levee District.
Section 2.4 Improvements Constructed in Easements. Any stormwater
improvements or modifications to existing stormwater improvements constructed by the Levee
District or caused to be constructed by the Levee District within stormwater easements granted to
the Levee District or within stormwater easements assigned to the Levee District by MSD
hereunder, shall be and remain the property of the Levee District except for those necessary for
MSD to maintain public storm facilities.
ARTICLE III
Environmental Regulation
Section 3.1 Phase II Permit Requirements. The Levee District agrees to construct,
operate and maintain their system within the Levee District, as specified in Section 1.1, in such a
manner as to not violate or cause non-compliance with the current Missouri State Operating
Permit Water Pollution Control Program, issued by the State of Missouri, Department of Natural
Resources to Metropolitan St. Louis Sewer District, Permit No. MO -R040005 ("Phase [I
Permit"), for the Stormwater Services the Levee District is providing that are considered
municipal operations. MSD agrees that the operation and maintenance or capital improvements
of MSD's existing sanitary sewer system shall be performed by MSD pursuant to MSD's State
of Missouri land disturbance permit.
9
ARTICLE IV
Plan Review and Enforcement Powers
Section 4.1 Plan Review and Enforcement of Levee District Planning Guidelines.
Each of the parties agrees to cooperate with the other in enforcement of stormwater management
policies and guidelines established for new development by requiring that all plans submitted for
review within the Levee District must be reviewed and approved prior to the issuance of a permit
for stormwater and/or sanitary sewer purposes.
Section 4.2 Enforcement of Levee District Construction Inspection Guidelines.
Each of the parties agrees to cooperate with the other in enforcement of stormwater management
policies and guidelines established for construction within the Levee District by suspending any
sewer permit issued upon notice from the other party that a construction site has failed to comply
with applicable standards for construction or with any condition contained in a permit issued for
construction.
ARTICLE V
Term and Termination
Section 5.1 Term. This Agreement shall continue until terminated as provided
herein. In the event MSD's Board of Trustees modifies the stormwater rates or imposes any new,
additional or replacement charge for stormwater or regulatory purposes, MSD and the Levee
District shall use best efforts to determine the assessment of property within the Levee District
and methodology to determine an assessment as outlined therein. If necessary, the parties shall
amend this Agreement or enter into an intergovernmental agreement similar in form and
substance to this Agreement to memorialize a modified assessment. In the event the parties
cannot mutually agree on an assessment in such event, the Levee District retains the right to
challenge any future assessment in the same manner as if this Agreement did not exist. If the
proposed modification of the rates or implementation of a new charge seeks to lower the same,
then the Levee District shall have the right, at its sole option, to continue this Agreement in
accordance with all the terms and provisions herein with respect to the lower rate.
Section 5.2 Termination. This Agreement and the obligations of the parties hereunder
shall be terminated if any of the following occur: (1) the Levee District shall cease to exist for a
period more than six (6) months and there shall be no proceeding to re-establish the existence of
the Levee District then pending; (ii) MSD shall cease to exist for a period of more than six (6)
months and there shall be no proceeding to re-establish the existence of MSD then pending; (iii)
the Enabling Act is amended or repealed to terminate the Levee District's authority with respect
to stormwater management; (iv) a court of competent jurisdiction enters a final and non -
appealable order that this Agreement is terminated or that the rates imposed by the MSD Board
of Trustees upon the Levee District are legally void; (v) in accordance with Section 5.1 herein,
the parties mutually agree to terminate this Agreement and implement a new agreement in the
event MSD's Board of Trustees modifies the stormwater rates or imposes any additional or
replacement charge for stormwater or regulatory purposes; or (vi) in accordance with Section 5.1
herein, in the evens MSD's Board of Trustees modifies the stormwater rates or imposes any new,
additional or replacement charge for stormwater or regulatory purposes and the parties cannot
mutually agree upon a new assessment.
10
ARTICLE VI
Default and Remedies
Section 6.1 Default and Remedies. Except as otherwise provided in this Agreement,
in the event of any default in or breach of any material term or condition of this Agreement by
either party or any permitted successor or assign, the defaulting or breaching party shall, upon
written notice from the other party, proceed immediately to cure or remedy such default or
breach, and shall, in any event, within thirty (30) days after receipt of such notice, commence to
cure or remedy such default. In case such cure or remedy is not taken or not diligently pursued.
or the default or breach is not cured or remedied within a reasonable time, the aggrieved party
may institute such proceedings as may be necessary or desirable in its opinion to cure and
remedy such default or breach, including but not limited to proceedings to compel specific
performance by the defaulting or breaching party.
ARTICLE VII
Miscellaneous
Section 7.1 Recitals. The Recitals hereto are a material part of this Agreement and the
representations, warranties, covenants and conditions set forth therein shall be deemed binding
upon the parties hereto.
Section 7.2 Assignment. This Agreement shall not be assignable by any party without
the prior written consent of the other party hereto. Subject to the foregoing, this Agreement shall
inure to the benefit of and be binding upon the parties hereto and their respective representatives,
successors and assigns.
Section 7.3 Choice of Law and Venue. This Agreement shall be taken and deemed to
have been fully executed, made by the parties in, and governed by the laws of the State of
Missouri for all purposes and intents. The parties consent to jurisdiction and venue in any court
in the County of St. Louis, Missouri for actions in state court and to jurisdiction and venue in the
United States District Court, Eastern District of Missouri, Eastern Division for actions in Federal
Court.
Section 7.4 Entire Agreement; Amendment; Reliance by Third Parties. The
parties agree that this Agreement constitutes the entire agreement between the parties and that no
other agreements or representations other than those contained in this Agreement have been
made by the parties. This Agreement shall be amended only in writing, which shall be effective
when signed by the authorized agents of the parties. It is the intention of the parties that no third
party shall be entitled to rely on this Agreement for any purpose.
Section 7.5 Counterparts. This Agreement may be executed inmultiple counterparts,
each of which shall constitute one and the same instrument.
Section 7.6 Severability. In the event any term or provision of this Agreement is held
to be unenforceable by a court of competent jurisdiction, the parties agree that (i) the remainder
shall continue in full force and effect, to the extent the remainder can be given effect without the
11
invalidated provision; and (ii) the parties will endeavor to amend the Agreement to address the
subject matter of the term or provision determined to be unenforceable.
Section 7.7 Headings. Section headings are used herein for convenience of reference
only and shall not affect the meaning of any provision of this Agreement.
Section 7.8 Representatives Not Personally Liable. No elected or appointed official,
agent, employee or representative of MSD or the Levee District shall be personally liable to any
party or any third party in the event of any default or breach by any party under this Agreement,
or for any amount which may become due to any party or on any obligations under the terms of
this Agreement
Section 7.9 Force Majeure. Neither MSD nor the Levee District nor any successor in
interest shall be considered in breach or default of their respective obligations under this
Agreement in the event of any delay or non-compliance to the extent caused by force majeure,
including, without limitation, damage or destruction by fire or casualty; strike; lockout; civil
disorder; war; restrictive government regulations; issuance of any permits and/or legal
authorization by a governmental entity; other state or federal government requirements; shortage
or delay in shipment of material or fuel: acts of God; or other causes beyond the parties'
reasonable control.
12
IN WITNESS WHEREOF, the parties hereto have made and entered into this Agreement as
of the day and year above first written.
METROPOLITAN ST. LOUIS SEWER DISTRICT
By:
ACKNOWLEDGMENT
STATE OF MISSOURI
) SS.
CITY OF ST. LOUIS
Brian L. Hoelscher, Executive Director
On this 6-h day of A -Fri 1 , 2017, before me, the undersigned, a Notary Public,
appeared Brian L. Hoelscher, to me personally known, who, being by me duly sworn, did say
that he is the Executive Director of the METROPOLITAN ST. LOUIS SEWER DISTRICT, a
body politic and corporate duly authorized, incorporated and existing under and by virtue of the
Constitution and laws of the State of Missouri, and that the seal affixed to the foregoing
instrument is the corporate seal of said District, and that said instrument was signed and sealed in
behalf of said District by authority of its Board of Trustees, and said official acknowledged said
instrument to be executed for the purposes therein stated and as the free act and deed of said
District.
IN WITNESS WHEREOF, [ have hereunto set my hand and affixed my notarial seal, the
day and year last above written.
LAURA A. DUFFIN
Notary Public - Notary Seal
State of Missouri
Commissioned for St. Louis Cough(
My Commission Expires: May 27, 2019
Commission Number. 15951200
(SEAL)
f
Printed Name: i Lc v &
Notary Public in and for said State MO
Commissioned in S+ . Lc i5 County
My commission expires: 5- 211 - 2D (',
13
MONARCH -CHESTERFIELD LEVEE DISTRICT
By: ay.��1
Henry D insky, President of to Board of
Supervisors
ACKNOWLEDGMENT
STATE OF MISSOURI
}
COUNTY OF ST. LOUIS )
SS.
On this 3 I S -f day of Tel w c -f , 2017, before me, the undersigned, a Notary Public,
appeared Henry Dubinsky to me persofially known, who, being by me duly swom, did say that
he is the President of the Board of Supervisors of MONARCH -CHESTERFIELD LEVEE
DISTRICT, a body politic and corporate duly authorized, incorporated and existing under and by
virtue of the laws of the State of Missouri, and that the seal affixed to the foregoing instrument is
the corporate seal of said Levee District, and that said instrument was signed and sealed in behalf
of said Levee District by authority of its Board of Supervisors, and said official acknowledged
said instrument to be executed for the purposes therein stated and as the free act and deed of said
Levee District.
IN WITNESS WHEREOF, x have hereunto set my hand and affixed my notarial seal, the
day and year last above written.
(SEAL)
My commission expires: 't
GAIL A. SINNETT
Notary Pubic - Notary Seal
STATE OF MISSOURI
St. Louis County
My CoCoommisssimission o *n1548N6792 2019
Printed Name: C6- 1 /A. S., n9
Notary Public in and for said State
Commissioned in S -1- Lc County
I4
EXHIBIT A
Boundaries of Levee District
TRACT 1
A tract of land situated in Township 45 North, Range 3 East, Township 46 North,
Range 3 East, Township 45 North, Range 4 East, and Township 46 North, Range
4 East, St. Louis County, Missouri, being more particularly described as follows:
Beginning at a point in the North line of the right -of-way of the Chicago, Rock
Island and Pacific Railroad at its intersection with the prolongation Southwardly
of the Western boundary of the Southern portion of an easement conveyed by J.
H. Coleman and wife to the St. Louis County River Improvement District by
instrument recorded in Book 1383, at Page 608, of the St. Louis County Records;
thence Northwardly along said prolongation and along the Western line of
easement described in the abovementioned deed and its prolongation Northwardly
to the Missouri River; thence along the bank of the Missouri River
Northeastwardly and Eastwardly to its intersection with the line dividing Surveys
123 and 154; thence Southeastwardly along said line dividing Surveys 123 and
154 to corner of property heretofore conveyed to William H. Duenke and wife;
thence continuing along said dividing line between Surveys 123 and 154 South 33
17' East, 1243.5 feet to its intersection with the South bank of the Bonhomme
Creek; thence following the meanders of Bonhomme Creek Southeastwardly,
Southwardly, Southwestwardly and Westwardly to its intersection with the right-
of-way of the Chicago. Rock Island and Pacific Railroad to a point approximately
200 feet East of Kehrs Mill or Long Road; thence Southwestwardly along said
railroad right-of-way to the point of beginning.
TRACT 11
A tract of land situated in Township 45 North — Range 3 East and Township 45
North — Range 4 East, St. Louis County Missouri and being more particularly
described as:
Beginning at a point on the North line of the St. Louis Southwestern Railway
Company right -of-way formerly the Chicago, Rock Island and Pacific Railroad at
its intersection with the prolongation Southwardly of the Western boundary of the
Southern portion of an easement conveyed by J.H. Coleman and wife to the St.
Louis County River Improvement District by instrument recorded in Book 1383
page 608 of the St. Louis County Records; thence Eastwardly along said North
line of the St. Louis Southwestern Railway Company right-of-way to a point 200
feet East of Long Road; thence continuing along said North line North 81 degrees
31 minutes 57 seconds East 245.58 feet to a point; thence Southwardly across said
railroad right-of-way South 02 degrees 14 minutes 00 seconds West 101.77 feet to
the Northeast comer of "Walnut Grove" a subdivision according to the plat
thereof recorded in Plat Book 347 pages 621 and 622 of the St. Louis County
A-1
records; thence along the boundary line of said '`Walnut Grove", the following
courses and distances: South 02 degrees 14 minutes 00 seconds West 437.64 feet,
South 35 degrees 42 minutes 48 seconds West 33.21 feet. South 70 degrees 07
minutes 19 seconds West 256.27 feet, South 71 degrees 38 minutes 41 seconds
West 219.11 feet, South 31 degrees 59 minutes 58 seconds West 15.21 feet and
North 02 degrees 16 minutes 58 seconds East 7.83 feet to the southeast corner of a
cemetery shown on the plat accompanying Commissioners Report in partition of
Damran Kroenungs Estate; thence Westwardly along the South line of said
cemetery South 78 degrees 56 minutes 58 seconds West 284.95 feet to a point on
the boundary line of "Grand Coteau", a subdivision according to the plat thereof
recorded in Plat Book 108 Page 63 of the St. Louis County Records; thence along
the said boundary line of "Grand Coteau"' the following courses and distances:
North 02 degrees 16 minutes 58 seconds East 504.29 feet, South 87 degrees 43
minutes 02 seconds East 247.24 feet and North 02 degrees 16 minutes 58 seconds
East 111.53 feet to the intersection of the West line of Long Road with the South
line of the St. Louis Southwestern Railway right-of-way (100 feet wide); thence
Westwardly along said South line of the St. Louis Southwestern Railway right-of-
way to a point opposite the beginning point; thence Northwardly across the St
Louis Southwestern Railway right-of-way to the point of beginning.
A-2
EXHIBIT 13
Boundaries of MSD
(Attached)
B-1
EXHIBIT C
Map of Public Storm Sewers in Levee District
(Attached)
C-1
EXHIBIT D
Assignment of Property Interests
Space Above for Recorder's Use Only
DOCUMENT COVER SHEET
TITLE OF DOCUMENT:
DATE OF DOCUMENT:
GRANTOR(S):
Mailing Address:
GRANTEE(S):
Mailing Address:
NON-EXCLUSIVE ASSIGNMENT OF RIGHTS UNDER
STORMWATER AND DRAINAGE EASEMENTS
FROM THE METROPOLITAN ST. LOUIS SEWER
DISTRICT TO THE MONARCH -CHESTERFIELD
LEVEE DISTRICT
2017
METROPOLITAN ST. LOUIS SEWER DISTRICT
2350 Market Street
St. Louis, MO 63103
MONARCH -CHESTERFIELD LEVEE DISTRICT
c/o Husch Blackwell LLP
190 Carondelet Plaza. Suite 600
Clayton, MO 63105
Attn: David R. Human
LEGAL DESCRIPTION: See Exhibit A
REFERENCED BOOK & PAGE: N/A
Upon recording, please return original to:
Husch Blackwell LLP
190 Carondelet Plaza, Suite 600
Clayon, MO 63105
Attn: David R. Human, Esq.
NON-EXCLUSIVE ASSIGNMENT OF RIGHTS UNDER STORMWATER AND
DRAINAGE EASEMENTS FROM THE METROPOLITAN ST. LOUIS SEWER
DISTRICT
TO THE MONARCH -CHESTERFIELD LEVEE DISTRICT
THIS NON-EXCLUSIVE ASSIGNMENT OF RIGHTS UNDER STORMWATER AND
DRAINAGE EASEMENTS (this "Assignment") is made and entered into as of the day
of , 2017 (the "Effective Date") by and between the Metropolitan St. Louis
Sewer District ("MSD") and the Monarch -Chesterfield Levee District ("MCLD"), established
pursuant to Chapters 245 and 246, Revised Statutes of Missouri ("RSMo"), as amended.
WITNESSETH:
WHEREAS, MCLD is a levee district organized and existing under Chapters 245 and
246, RSMo (2016), as amended and the Decree of the Circuit Court of St. Louis County,
Missouri in Cause Number 181323 (the "Decree") and on the date hereof has jurisdiction to
provide flood protection and control (which jurisdiction includes the internal stormwater
drainage systems) for the area within the boundaries set forth in the Decree, which includes the
real property more particularly described in Exhibit D -I;
WHEREAS, MSD executes this Assignment as provided in that certain
Intergovernmental Cooperation Agreement between MSD and MCLD, which was duly
authorized and approved this Assignment in Ordinance No. adopted on
, 2017 under authority conferred by Section 70.220, RSMo (2016) and
MSD's Charter, Section 3.020.7 ("Intergovernmental Cooperation Agreement");
WHEREAS, in order to facilitate MSD's provision of stormwater management, MSD
has been granted by recorded deed and subdivision plats, numerous drainage and stormwater and
drainage easements on property in MCLD ("Stormwater and Drainage Easements"); and
WHEREAS, MSD desires to assign to MCLD non-exclusive rights to use the
Stormwater and Drainage Easements to allow MCLD to exercise the rights granted under such
Stormwater and Drainage Easements, for the purpose of MCLD providing flood protection and
control and storm water and runoff management in MCLD.
FOR GOOD AND VALUABLE CONSIDERATION, receipt of which is hereby
acknowledged, including the sum of Ten Dollars ($10.00), and the aforesaid recitals incorporated
in and made part of this Assignment, and the agreements and understandings contained herein,
MSD hereby assigns and conveys Stormwater and Drainage Easements to MCLD as follows:
1. Assignment and Conveyance of Rights.
A, As of the Effective Date, MSD hereby assigns and conveys to MCLD
a non-exclusive right to use all present and any future Stormwater and Drainage Easements
benefiting MSD. and improvements therein, owned or controlled by MSD located within the
boundaries set forth on Exhibit D -Z and incorporated herein, and to exercise the rights granted
or implied under such Stormwater and Drainage Easements, and all rights appurtenant thereto,
including but not limited to the right to maintain, operate and improve the Stormwater and
Drainage Easements and improvements therein, now or hereafter existing under any other
easement, deed, dedication, of any kind now or hereafter existing, subject to the terns of the
Intergovernmental Cooperation Agreement.
B. MSD agrees to cooperate with MCLD in MCLD's exercise of the rights
assigned herein to MCLD, including but not limited to joining as a party in any action to enforce
the rights of MSD and the MCLD in the Stormwater Drainage Easements. MSD agrees to
execute such additional instruments, in recordable form, as may be reasonably necessary to allow
MCLD to utilize and enforce any one or all of the Stormwater Drainage Easements.
C. Nothing in this Assignment shall be construed to assign, transfer or
convey to the MCLD any duties, responsibilities, rights or authority granted to or held by MSD
that are unrelated to the provision of stormwater management within MCLD.
2. Authority. MSD represents and warrants to MCLD that it is duly authorized and
empowered to and has full authority to enter into this Assignment.
3. Effective Date/Binding Effect. This Assignment shall be effective on the
Effective Date, shall be binding upon and shall run with the land and shall inure to the benefit of
and shall be binding upon MSD and MCLD and their respective successors and permitted
assigns.
4. Miscellaneous.
(a) This Assignment constitutes the entire understanding of the parties with
respect to the matters herein set forth.
(b) This Assignment shall be construed in accordance with and governed by
the internal laws of the State of Missouri.
(c) No waiver or modification of this Assignment shall be valid unless in
writing and duly authorized and signed by the parties hereto.
(d) One (1) executed copy of this Assignment shall be recorded in the St.
Louis County. Missouri, Records.
(e) MCLD may assign its rights hereunder only to any successor levee
district or to MSD, or, subject to the prior approval of MSD, MCLD may assign its rights
hereunder to the State of Missouri, County of St. Louis, or to any other state or federal political
subdivision or district.
IN WITNESS WHEREOF. MSD has executed this Assignment the date and year
first set forth above.
THE METROPOLITAN ST. LOUIS SEWER
DISTRICT:
By:
Brian L. Hoelscher. Executive Director
STATE OF MISSOURI
SS.
CITY OF ST. LOUIS
)
On this _ day of , 2017, before me, the undersigned, a Notary Public.
appeared Brian L. Hoelscher, to me personally known, who, being by me duly sworn, did say
that he is the Executive Director of the METROPOLITAN ST. LOUIS SEWER DISTRICT, a
body politic and corporate duly authorized, incorporated and existing under and by virtue of the
Constitution and laws of the State of Missouri, and that the seal affixed to the foregoing
instrument is the corporate seal of said District, and that said instrument was signed and sealed in
behalf of said District by authority of its Board of Trustees, and said official acknowledged said
instrument to be executed for the purposes therein stated and as the free act and deed of said
D istrict.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in
the City and State aforesaid, the day and year first above written.
My Commission Expires:
Notary Public
EXHIBIT D-1 — Assignment of Property Interests
Legal Description of the MCLD
TRACT I
A tract of land situated in Township 45 North, Range 3 East. Township 46 North,
Range 3 East, Township 45 North, Range 4 East, and Township 46 North. Range
4 East, St. Louis County, Missouri, being more particularly described as follows:
Beginning at a point in the North line of the right -of-way of the Chicago, Rock
Island and Pacific Railroad at its intersection with the prolongation Southwardly
of the Western boundary of the Southern portion of an easement conveyed by J.
H. Coleman and wife to the St. Louis County River Improvement District by
instrument recorded in Book 1383, at Page 608, of the St, Louis County Records;
thence Northwardly along said prolongation and along the Western line of
easement described in the abovementioned deed and its prolongation Northwardly
to the Missouri River; thence along the bank of the Missouri River
Northeastwardly and Eastwardly to its intersection with the line dividing Surveys
123 and 154; thence Southeastwardly along said line dividing Surveys 123 and
154 to corner of property heretofore conveyed to William H. Duenke and wife;
thence continuing along said dividing line between Surveys 123 and 154 South 33
17' East, 1243.5 feet to its intersection with the South bank of the Bonhomme
Creek; thence following the meanders of Bonhomme Creek Southeastwardly,
Southwardly. Southwestwardly and Westwardly to its intersection with the right-
of-way of the Chicago, Rock Island and Pacific Railroad to a point approximately
200 feet East of Kehrs Mill or Long Road; thence Southwestwardly along said
railroad right-of-way to the point of beginning.
TRACT II
A tract of land situated in Township 45 North -- Range 3 East and Township 45
North — Range 4 East, St, Louis County Missouri and being more particularly
described as:
Beginning at a point on the North line of the St. Louis Southwestern Railway
Company right -of-way formerly the Chicago, Rock Island and Pacific Railroad at
its intersection with the prolongation Southwardly of the Western boundary of the
Southern portion of an easement conveyed by J.H. Coleman and wife to the St.
Louis County River Improvement District by instrument recorded in Book 1383
page 608 of the St, Louis County Records; thence Eastwardly along said North
line of the St. Louis Southwestern Railway Company right-of-way to a point 200
feet East of Long Road; thence continuing along said North line North 81 degrees
31 minutes 57 seconds East 245.58 feet to a paint; thence Southwardly across said
railroad right-of-way South 02 degrees 14 minutes 00 seconds West 101.77 feet to
the Northeast corner of "Walnut Grove" a subdivision according to the plat
23
thereof recorded in Plat Book 347 pages 621 and 622 of the St. Louis County
records; thence along the boundary line of said "Walnut Grove", the following
courses and distances: South 02 degrees 14 minutes 00 seconds West 437.64 feet,
South 35 degrees 42 minutes 48 seconds West 33.21 feet. South 70 degrees 07
minutes 19 seconds West 256.27 feet, South 71 degrees 38 minutes 41 seconds
West 219.11 feet, South 31 degrees 59 minutes 58 seconds West 15.21 feet and
North 02 degrees 16 minutes 58 seconds East 7.83 feet to the southeast comer of a
cemetery shown on the plat accompanying Commissioners Report in partition of
Damran Kroenungs Estate; thence Westwardly along the South line of said
cemetery South 78 degrees 56 minutes 58 seconds West 284.95 feet to a point on
the boundary line of "Grand Coteau", a subdivision according to the plat thereof
recorded in Plat Book 108 Page 63 of the St. Louis County Records; thence along
the said boundary line of "Grand Coteau" the following courses and distances:
North 02 degrees 16 minutes 58 seconds East 504.29 feet, South 87 degrees 43
minutes 02 seconds East 247.24 feet and North 02 degrees 16 minutes 58 seconds
East 111.53 feet to the intersection of the West line of Long Road with the South
line of the St. Louis Southwestern Railway right-of-way (100 feet wide); thence
Westwardly along said South line of the St. Louis Southwestern Railway right-of-
way to a point opposite the beginning point; thence Northwardly across the St
Louis Southwestern Railway right-of-way to the point of beginning.
24
EXHIBIT E
Form of Easement for
Stormwater Improvements in Levee District
EASEMENT
TO WHOM 1T MAY CONCERN:
KNOW ALL MEN BY THESE PRESENTS, that
for and in
consideration of the sum of One Dollar ($4.00) and other valuable consideration in hand paid by The
Levee District (Levee District), the receipt of which is
hereby acknowledged, do(es) hereby give, grant, extend, and confer on The Levee District the exclusive
right to build and/or maintain stormwater improvements on the strip or strips of ground described as
shown hachured on the attached "Easement Plat" marked Exhibit "A" and made a part hereof, and to use
such additional space adjacent to the easement(s) so granted as may be required for working room
during the construction, reconstruction, maintenance, or repair of the aforementioned stormwater
improvements. The Levee District may from time to time enter upon said premises to construct,
reconstruct, replace, maintain, or repair the aforesaid stormwater improvements, and may assign its rights
herein to the State, County, City, or other political subdivisions of the State. The easement(s) hereby
granted is(are) irrevocable and shall continue forever.
IN WITNESS WHEREOF, the above named grantor(s) has(ve) signed these
presents this day of , 20
STATE OF MISSOURI )
SS.
COUNTY OF ST. LOUIS )
On this day of , 20 , before me personally appeared.
, to me known to be the person(s) described in and who executed the foregoing
instrument, and acknowledged that executed the same as free act
and deed.
E-1
S1.C-7885489 465359/1
IN TESTIMONY WHEREOF, 1 have hereunto set my hand and affixed my notarial seal,
the day and year first above written.
My Commission expires
Notary Public
E-2
SLC-7885989 465359/1
INTERGOVERNMENTAL COOPERATION AGREEMENT
BETWEEN
METROPOLITAN ST. LOUIS SEWER DISTRICT
AND
MISSOURI BOTTOMS LEVEE DISTRICT —
BRIDGETON SUBDISTRICT
EFFECTIVE AS OF March 31, 2017
TABLE OF CONTENTS
ARTICLE I STORMWATER MANAGEMENT AGREEMENT AND BILLING 6
Section 1.1 Stormwater Services to be provided by the Levee District 6
Section 1.2 Levee District Contact Information 7
Section 1.3 Recognition of Levee District Jurisdiction for Stormwater Management 7
Section 1.4 MSD Services 7
Section 1.5 Assessment within Levee District 8
Section 1.6 Exclusion of Levee District Property from Subdistrict Boundaries 8
ARTICLE II ASSIGNMENT OF PROPERTY INTERESTS 8
Section 2.1 Assignment of Easements to Levee District 8
Section 2.2 Return of Easements to MSD in the Event of Termination 9
Section 2.3 Future Stormwater Easements within the Levee District 9
Section 2.4 improvements Constructed in Easements 9
ARTICLE III ENVIRONMENTAL REGULATION 9
Section 3.1 Phase 11 Permit Requirements .... 9
ARTICLE IV PLAN REVIEW AND ENFORCEMENT POWERS 10
Section 4.1 Plan Review and Enforcement of Levee District Planning Guidelines 10
Section 4.2 Enforcement of Levee District Construction Inspection Guidelines 10
ARTICLE V TERM AND TERMINATION 10
Section 5.1 Term. I 0
Section 5.2 Termination 10
ARTICLE VI DEFAULT AND REMEDIES 11
Section 6.1 Default and Remedies 11
ARTICLE VII MISCELLANEOUS... 11
Section 7.1 Recitals 1 I
Section 7.2 Assignment I 1
Section 7.3 Choice of Law and Venue 11
Section 7.4 Entire Agreement; Amendment; Reliance by Third Parties 11
Section 7.5 Counterparts 11
Section 7.6 Severability I 1
Section 7.7 Headings 12
Section 7.8 Representatives Not Personally Liable i2
Section 7.9 Force Majeure 12
EXHIBIT A Boundaries of Levee District
EXHIBIT B Boundaries of MSD
EXHIBIT C Map of Public Storm Sewers in Levee District
EXHIBIT D Assignment of Property Interests
EXHIBIT E Form of Easement for Stormwater Improvements in Levee District
3
INTERGOVERNMENTAL COOPERATION AGREEMENT
THIS INTERGOVERNMENTAL COOPERATION AGREEMENT ("Agreement")
is made and entered into as of the 3151 day of March, 2017. by and between the Metropolitan St.
Louis Sewer District ("MSD ") and the Missouri Bottoms Levee — Bridgeton Subdistrict (the
"Levee District").
RECITALS
A. The Levee District was formed on February 4, 2003, pursuant to an Order of the
Circuit Court of St. Louis County, Missouri in a case styled In Re Missouri Bottoms Levee
District — Bridgeton Subdistrict, Cause Number 03CC-000191, having a boundary description as
set forth in Exhibit A attached hereto.
B. The Levee District maintains a system of levees and other structures to provide
protection from flooding by the Missouri River and certain tributaries ("Levee System").
C. Pursuant to Chapters 245 and 246 of the Revised Statutes of Missouri ("Enabling
Act"), the Levee District, through its Board of Supervisors; is authorized and empowered, inter
alia, to construct and maintain drainage ditches, pumping stations, syphons and any other works
and improvements deemed necessary to preserve and maintain the works in the Levee District.
D. MSD was formed on February 9, 1954 pursuant to Section 30 Article VI of the
Constitution of the State of Missouri and the Charter (Plan) of the Metropolitan St. Louis Sewer
District approved by the voters in St. Louis City and St. Louis County, Missouri on February 9,
1954 and amended on November 7, 2000 and on June 5. 2012 ("Charter"), having a boundary
description as set forth in Exhibit B attached hereto.
E. The boundaries of the Levee District overlap or are included within the
boundaries of MSD.
F. Pursuant to the Charter, MSD has the power, inter alia, to have jurisdiction,
control, possession and supervision to construct, operate and maintain a drainage system. MSD
also has the power to approve, revise, or reject the plans and designs of all private or public
stormwater facilities. No such facility shall be constructed or reconstructed without the approval
of MSD and any such work shall be subject to the inspection and supervision of MSD. MSD also
has the power to contract with other public agencies for the construction, use, or maintenance of
stormwater facilities or for the performance of any service required by MSD.
G. MSD and the Levee District are political subdivisions of the State of Missouri
and, with due authorization and approval of the Board of Trustees of MSD in Ordinance No.
14597 adopted on January 12, 2017, and the Board of Supervisors of the Levee District by
resolution approved at a meeting of the Board of Supervisors on September 28, 2016, enter into
this Agreement under authority conferred by Section 70.220, RSMo (2006) and MSD's Charter.
Section 3.020.7.
4
H. In addition to the Levee System, pursuant to statutory authority, the Levee District
has responsibility for maintaining a system of public stormwater infrastructure that includes
drainage ditches, pumping stations and other public stormwater infrastructure ("Stortrnl•ater
Svster").
[. The Levee System and the Stormwater System function together to provide a
system of flood protection and stormwater management that is subject to regulation by local.
state and federal agencies including the City of Bridgeton. Missouri, St. Louis County, Missouri,
MSD, the Missouri State Emergency Management Agency, the Federal Emergency Management
Agency and the United States Army Corps of Engineers.
J. As required by the agencies regulating the Levee District, the Levee District has
adopted guidelines and polices relating to operation and maintenance of the Levee -System and
the Stormwater System (together, the Levee System and the Stormwater System shall be referred
to herein and together shall mean the "MELD System"). The Levee District is a governmental
entity that is responsible for operations and maintenance of the entire MBLD System, including
maintenance and operation of the pump stations serving the master conveyance ditches and the
levees within the District;
K. MSD historically has recognized the unique function of the Levee District in
providing stormwater management within the boundaries of the Levee District and MSD
historically has deferred to the Levee District or related entities in most aspects of stormwater
management, including but not limited to design criteria and plan review.
L. The cost to construct, operate and maintain a vast majority of the MBLD System
has been paid by property owners within the Levee District boundaries.
M. To fund its stormwater services, MSD currently collects an ad valorem property
tax at the rate of $0.0197 per $100 assessed valuation for the purpose of providing stormwater
regulatory services and an ad valorem property tax at the rate of $0.1000 per $100 assessed
valuation for the purpose of operation and maintenance of the stormwater system. MSD is not
currently imposing an impervious fee and is discontinuing its stormwater service charge of
$0.241$0.18 per month as of July 1, 2016.
N. Due to the unique nature of the Levee District's authority and responsibilities for
flood control and stormwater management within the boundaries of the Levee District, the Levee
District and MSD recognize that the Levee District is in a position to provide some stormwater
services currently or planned to be provided by MSD within the Levee District boundaries.
0. Based upon the Levee District's ability to provide some stormwater services
within the Levee District boundaries, the parties seek to reach an agreement for the Levee
District to provide the Stormwater Services (as defined in Article I, Section 1.1), and to reach an
agreement for MSD to provide the MSD Services (as defined in Article I, Section 1.4).
P. Property within the Levee District will be subject to MSD's ad valorem property
tax of $0.0197 per $100 assessed valuation for MSD stormwater regulatory services. Based
upon the Levee District's ability to provide Stormwater Services (as defined in Article 1,
Sectionl.1) within the Levee District boundaries, MSD shall not collect the proposed Stormwater
5
ad valorem property tax of $0.1000 per $100 assessed valuation from property within the Levee
District boundaries for the Stormwater Services performed by the Levee District. However, MSD
may establish a subdistrict in response to a petition by property owners solely within the Levee
District as provided for in MSD's Charter (PIan).
Q. Subject to the termination provisions herein, the effective date of this Agreement
shall be March 31, 2017 ("Effective Date").
Now, THEREFORE, in consideration of the premises and promises set forth herein, the
adequacy and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:
ARTICLE I
Stormwater Management Agreement and Billing
Section 1.1 Stormwater Services to be provided by the Levee District. Within the
Levee District boundaries, the Levee District will provide the following services, to be included,
referred to herein, and defined as "Stormwater Services:"
A. Maintenance, as determined by the Levee District. of Public Storm
Sewers, as defined herein, existing as of the Effective Date in accordance
with the map attached hereto as Exhibit C;
B. Maintenance, as determined by the Levee District, of Public Storm
Sewers, as defined herein. accepted by the Levee District in accordance
with MSD and Levee District standards. after the Effective Date, and
those constructed by the Levee District;
C. Plan review of all stormwater plans to ensure designs are substantially
consistent with Levee District and MSD requirements, except for facilities
required to meet stormwater quality requirements, which facilities will
remain subject to MSD review;
D. Permitting of all stormwater facilities;
E. Construction inspection of all Public Storm Sewers;
F. As -built survey review, processing. and records retention associated with
Public Storm Sewers;
G. Delivery of the as -built survey drawings to MSD for mapping as projects,
public or private, are accepted by the Levee District;
H. Participation in Missouri One -Call;
I. Maintenance and operation of "master" stormwater conveyance ditches;
J. Oversight of (1) maintenance and (ii) operation of private detention and
retention basins, or the enforcement thereof.
The term "Public Storm Sewer" shall mean any storm sewer, storm inlet. storm manhole, formed
concrete paved channel, or other similar man-made structure used in the conveyance of
stormwater across the property line of a parcel of land or collection of stormwater that crosses
the property line of an individual parcel of land, excluding those facilities listed in Section 1.2.
Stormwater systems that collect run-off from a single parcel of land and convey only that flow to
another stormwater system located within a publicly maintained right-of-way or easement shall
6
be considered a private storm sewer. In connection with Public Storm Sewers, the Levee District
will provide a report to MSD at a minimum of annually within sixty (60) days of each calendar
year end, summarizing previous submittals or providing as -built survey drawings for new public
storm sewers constructed during the previous calendar year and summarizing major repair or
improvement projects of existing Public Storm Sewers planned by the Levee District during the
upcoming calendar year.
Section 1.2 Levee District Contact Information. The Levee District will provide
MSD with contact information of personnel or contractors for routine and emergency matters
relating to stormwater management within the Levee District. MSD shall refer any routine or
emergency inquiries it receives relating to stormwater issues in the Levee District in accordance
with the contact information provided and updated by the Levee District in writing from time to
time. The Levee District shall, upon the Effective Date of this Agreement, and periodically
thereafter, inform its residents of the appropriate Levee District contact for stormwater related
complaints.
Section 1.3 Recognition of Levee District Jurisdiction for Stormwater
Management. MSD agrees that the Levee District has the ability to provide some stormwater
management within the Levee District. MSD further agrees that the Levee District, in its sole
discretion, may exercise any or all of the powers, duties and functions of a levee district under
the Enabling Act or any Missouri or federal law, including but not limited to the following: (i)
conducting studies with respect to stormwater management; (ii) establishing plans and criteria
for stormwater management within the Levee District; (iii) planning and implementing a
stormwater master plan within the Levee District; (iv) constructing, using, maintaining and
operating stormwater infrastructure and related appurtenances; (v) acquiring lands and other real
and personal property rights; (vi) adopting regulations, policies and guidelines for construction;
(vii) cooperating with other political subdivisions to accomplish stormwater management within
the Levee District as deemed necessary by the Levee District; and, (viii) doing all things
necessary or incidental to the foregoing.
Section 1.4 MSD Services. MSD will provide the following services within the Levee
District, which shall be referred to herein and defined as "MSD Services":
A. Upkeep and use of stormwater rules and regulations;
B, Stream flow monitoring;
C. Water quality monitoring;
D. G1S/Mapping; and,
E. All water quality regulatory activities required under the Phase 11 Permit,
as defined herein, and any future water quality functions required to be
performed by any federal, state or local agency having jurisdiction over
MSD. As of the Effective Date, the water quality regulatory activities
included in MSD Services are as follows:
(i) Overall service area oversight, reporting and coordination with
Missouri Department of Natural Resources and the Environmental
Protection Agency;
(ii) Site stormwater run-off control;
7
(iii) Monitoring maintenance of post -construction stormwater best
management practices;
(iv) Public education and public participation on local sources of water
pollution:
(v) Illicit discharge inspection and elimination in open channels;
(vi) Development of Best Management Practices for operations and
maintenance activities;
(vii) Inspection of stormwater discharges;
(viii) Enforcement; and,
(ix) Plan review of all stormwater plans for facilities required to meet
stormwater quality requirements.
MSD will update its GIS database to include all Public Storm Sewers existing in the Levee
District and any future Public Storm Sewers identified by the Levee District within its
boundaries, and MSD shall make the GIS database available in any format requested by the
Levee District for use by the Levee District and its agents for stormwater purposes within the
Levee District.
Section 1.5 Assessment within Levee District. While this Agreement is in effect,
MSD and the Levee District agree that based upon the Levee District's ability to provide
Stormwater Services (as defined in Article 1, Section 1.1) within the Levee District boundaries,
MSD shall not collect the Stormwater ad valorem property tax of $0.1000 per $100 assessed
valuation from property within the Levee District boundaries.
Property within the Levee District shall continue to be subject to the Stormwater ad
valorem property tax of $0.0197 per $100 assessed valuation for the purpose of providing MSD
regulatory services.
Section 1.6 Exclusion of Levee District Property from Subdistrict Boundaries.
MSD agrees that property within the Levee District boundaries shall be excluded from any
subdistrict unilaterally established or proposed by MSD for the purpose of instituting any tax,
assessment, charge or regulation in connection with any stormwater related function or service
by MSD now or in the future. If petitioned by residents of the Levee District to form a
subdistrict, MSD shall follow the Charter and other regulations governing MSD in response to
any such petition. The parties acknowledge and agree that under the Charter, any petition to form
a subdistrict including all or part of the Levee District is not eligible for consideration unless said
petition is brought by the requisite number of residents and acres of property within the Levee
District, solely considering the boundaries of the Levee District.
ARTICLE II
Assignment of Property Interests
Section 2.1 Assignment of Easements to Levee District. MSD hereby transfers and
assigns to the Levee District all recorded easements and rights of way granted to MSD for
stormwater facilities, any public stormwater improvements thereon, by deed, plat or other
writing, for use by the Levee District in accordance with the terms of this Agreement. MSD
8
shall, simultaneously herewith, execute the Assignment of Property Interests attached hereto as
Exhibit D, which shall be recorded by the Levee District.
Section 2.2 Return of Easements to MSD in the Event of Termination. In the event
of termination of this Agreement as provided in Article VI herein, the Levee District shall assign
and transfer back to MSD (1) the easements and rights of way transferred and conveyed by MSD
to the Levee District pursuant to the Assignment of Property Interests described herein, as well
as (ii) any other property rights held by the Levee District necessary for MSD to maintain public
storm facilities within the boundaries of the Levee District.
Section 2.3 Future Stormwater Easements within the Levee District. Any
stormwater easements required after the date hereof pursuant to plans and guidelines established
by the Levee District shall be dedicated to the Levee District and shall remain the property of the
Levee District. Such stormwater easements in favor of the Levee District shall be in the form
attached hereto as Exhibit E. Stormwater or drainage easements owned by the Levee District.
except for those necessary for MSD to maintain public storm facilities. as of the date hereof are
and shall remain the property of the Levee District. In the event that this Agreement terminates,
all stormwater and drainage easements in favor of the Levee District that are necessary for MSD
to maintain public storm facilities shall be transferred to MSD to allow it to maintain the public
storm facilities within the boundaries of the Levee District.
Section 2.4 Improvements Constructed in Easements. Any stormwater
improvements or modifications to existing stormwater improvements constructed by the Levee
District or caused to be constructed by the Levee District within stormwater easements granted to
the Levee District or within stormwater easements assigned to the Levee District by MSD
hereunder, shall be and remain the property of the Levee District except for those necessary for
MSD to maintain public storm facilities.
ARTICLE III
Environmental Regulation
Section 3.1 Phase II Permit Requirements. The Levee District agrees to construct,
operate and maintain their system within the Levee District, as specified in Section 1.1, in such a
manner as to not violate or cause non-compliance with the current Missouri State Operating
Permit Water Pollution Control Program, issued by the State of Missouri, Department of Natural
Resources to Metropolitan St. Louis Sewer District. Permit No. MO -8040005 ("Phase I1
Permit"), for the Stormwater Services the Levee District is providing that are considered
municipal operations. MSD agrees that the operation and maintenance or capital improvements
of MSD's existing sanitary sewer system shall be performed by MSD pursuant to MSD's State
of Missouri land disturbance permit.
9
ARTICLE IV
Plan Review and Enforcement Powers
Section 4.1 Plan Review and Enforcement of Levee District Planning Guidelines.
Each of the parties agrees to cooperate with the other in enforcement of stormwater management
policies and guidelines established for new development by requiring that all plans submitted for
review within the Levee District must be reviewed and approved prior to the issuance of a permit
for stormwater and/or sanitary sewer purposes.
Section 4.2 Enforcement of Levee District Construction Inspection Guidelines.
Each of the parties agrees to cooperate with the other in enforcement of stormwater management
policies and guidelines established for construction within the Levee District by suspending any
sewer permit issued upon notice from the other party that a construction site has failed to comply
with applicable standards for construction or with any condition contained in a permit issued for
construction.
ARTICLE V
Term and Termination
Section 5.1 Term. This Agreement shall continue until terminated as provided
herein. In the event MSD's Board of Trustees modifies the stormwater rates or imposes any new,
additional or replacement charge for stormwater or regulatory purposes. MSD and the Levee
District shall use best efforts to determine the assessment of property within the Levee District
and methodology to determine an assessment as outlined therein. If necessary, the parties shall
amend this Agreement or enter into an intergovernmental agreement similar in form and
substance to this Agreement to memorialize a modified assessment. In the event the parties
cannot mutually agree on an assessment in such event, the Levee District retains the right to
challenge any future assessment in the same manner as if this Agreement did not exist. If the
proposed modification of the rates or implementation of a new charge seeks to lower the same,
then the Levee District shall have the right, at its sole option, to continue this Agreement in
accordance with all the terms and provisions herein with respect to the lower rate.
Section 5.2 Termination. This Agreement and the obligations of the parties hereunder
shall be terminated if any of the following occur: (i) the Levee District shall cease to exist for a
period more than six (6) months and there shall be no proceeding to re-establish the existence of
the Levee District then pending; (ii) MSD shall cease to exist for a period of more than six (6)
months and there shall be no proceeding to re-establish the existence of MSD then pending; (iii)
the Enabling Act is amended or repealed to terminate the Levee District's authority with respect
to stormwater management; (iv) a court of competent jurisdiction enters a final and non -
appealable order that this Agreement is terminated or that the rates imposed by the MSD Board
of Trustees upon the Levee District are legally void; (v) in accordance with Section 5.1 herein,
the parties mutually agree to terminate this Agreement and implement a new agreement in the
event MSD's Board of Trustees modifies the stormwater rates or imposes any additional or
replacement charge for stormwater or regulatory purposes; or (vi) in accordance with Section 5.1
herein, in the event MSD's Board of Trustees modifies the stormwater rates or imposes any new,
additional or replacement charge for stormwater or regulatory purposes and the parties cannot
mutually agree upon a new assessment.
10
ARTICLE VI
Default and Remedies
Section 6.1 Default and Remedies. Except as otherwise provided in this Agreement,
in the event of any default in or breach of any material term or condition of this Agreement by
either party or any permitted successor or assign, the defaulting or breaching party shall, upon
written notice from the other party. proceed immediately to cure or remedy such default or
breach, and shall, in any event, within thirty (30) days after receipt of such notice, commence to
cure or remedy such default. In case such cure or remedy is not taken or not diligently pursued,
or the default or breach is not cured or remedied within a reasonable time, the aggrieved party
may institute such proceedings as may be necessary or desirable in its opinion to cure and
remedy such default or breach, including but not limited to proceedings to compel specific
performance by the defaulting or breaching party.
ARTICLE VII
Miscellaneous
Section 7.1 Recitals. The Recitals hereto are a material part of this Agreement and the
representations, warranties, covenants and conditions set forth therein shall be deemed binding
upon the parties hereto.
Section 7.2 Assignment. This Agreement shall not be assignable by any party without
the prior written consent of the other party hereto. Subject to the foregoing, this Agreement shall
inure to the benefit of and be binding upon the parties hereto and their respective representatives,
successors and assigns.
Section 73 Choice of Law and Venue. This Agreement shall be taken and deemed to
have been fully executed, made by the parties in, and governed by the laws of the State of
Missouri for all purposes and intents, The parties consent to jurisdiction and venue in any court
in the County of St. Louis, Missouri for actions in state court and to jurisdiction and venue in the
United States District Court, Eastern District of Missouri, Eastern Division for actions in Federal
Court.
Section 7.4 Entire Agreement; Amendment; Reliance by Third Parties. The
parties agree that this Agreement constitutes the entire agreement between the parties and that no
other agreements or representations other than those contained in this Agreement have been
made by the parties. This Agreement shall be amended only in writing. which shall be effective
when signed by the authorized agents of the parties. It is the intention of the parties that no third
party shall be entitled to rely on this Agreement far any purpose.
Section 7.5 Counterparts. This Agreement may be executed in multiple counterparts,
each of which shall constitute one and the same instrument.
Section 7.6 Severability. In the event any term or provision of this Agreement is held
to be unenforceable by a court of competent jurisdiction, the parties agree that (i) the remainder
shall continue in full force and effect, to the extent the remainder can be given effect without the
1I
invalidated provision; and (ii) the parties will endeavor to amend the Agreement to address the
subject matter of the term or provision determined to be unenforceable.
Section 7.7 Headings. Section headings are used herein for convenience of reference
only and shall not affect the meaning of any provision of this Agreement.
Section 7.8 Representatives Not Personally Liable. No elected or appointed official,
agent, employee or representative of MSD or the Levee District shall be personally liable to any
party or any third party in the event of any default or breach by any party under this Agreement,
or for any amount which may become due to any party or on any obligations under the terms of
this Agreement.
Section 7.9 Force Majeure. Neither MSD nor the Levee District nor any successor in
interest shall be considered in breach or default of their respective obligations under this
Agreement in the event of any delay or non-compliance to the extent caused by force majeure,
including, without limitation, damage or destruction by fire or casualty; strike; lockout; civil
disorder; war; restrictive government regulations; issuance of any permits and/or legal
authorization by a governmental entity; other state or federal government requirements; shortage
or delay in shipment of material or fuel; acts of God; or other causes beyond the parties'
reasonable control.
12
IN WITNESS WHEREOF, the parties hereto have made and entered into this Agreement as
of the day and year above first written.
METROPOLITAN ST. LOUIS SEWER DISTRICT
By:
ACKNOWLEDGMENT
STATE OF MISSOURI
) SS.
CITY OF ST. LOUIS
Brian L. Hoelscher, Executive Director
On this anday of /1-fr.; 1 , 2017, before me, the undersigned, a Notary Public,
appeared Brian L. Hoelscher, to me personally known, who, being by me duly sworn, did say
that he is the Executive Director of the METROPOLITAN ST. LOUIS SEWER DISTRICT, a
body politic and corporate duly authorized, incorporated and existing under and by virtue of the
Constitution and laws of the State of Missouri, and that the seal affixed to the foregoing
instrument is the corporate seal of said District, and that said instrument was signed and sealed in
behalf of said District by authority of its Board of Trustees, and said official acknowledged said
instrument to be executed for the purposes therein stated and as the free act and deed of said
❑ istrict.
IN WITNESS WHEREOF, I have hereuntos�t my hand and affixed my notarial seal, the
day and year last above written. �'/"/
LAURA A. DUFFIN
Notary Public - Noy Seal
State of Missouri
Commissioned for St. Louts County
My Commission Expires: May 27, 2019
Commission Number. 15951200
(SEAL)
ed ame: i,aur& A-.
Notary Public in and for said State P4b
Commissioned in Si", -v�,c,i S County
My commission expires: 5 - 2olct
13
MISSOURI BOTTOMS LEVEE -
BRIDGETON SUBDISTRICT
By:
s,
e.
Philip Witte, President of the Board of
Supervisors
ACKNOWLEDGMENT
STATE OF IviISSOURI
) SS.
COUNTY OF ST. LOUIS
On tin t day of [-€1),,,,.% 2017, before me, the undersigned, a Notary Public,
appeared Philip Witte to me personally k wn, who, being by me duly sworn, did say that he is
the President of the Board of Supervisors of MMITSSCXJRI BOTTOMS LEVEE - BRIDGETON
SUBDISTRICT, a body politic and corporate duly authorized, incorporated and existing under
and by virtue of the jaws of the State of Missouri, and that the seal affixed to he foregoing
instrument is the corporate seal of said Levee District, and that said instrument was signed and
sealed in behalf of said Levee District by authority of its Board of Supervisors, and said official
acknowledged said instrument to be executed for the purposes therein stated and as the free act
and deec! of said Levee District.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal, the
day and year last above written.
(SEAL)
My commission expires: 5- Li
rNotary
STATE OF MISSOURI
GAIL A. SINNETT
St. Louis County
d„y Com:Naslon Expires: May 5. 2019
iss1 t-
Printed Name: L A S
Notary Public in and for said State
Commissioned in SA �4 County
14
EXHIBIT A
Boundaries of Levee District
A tract of land containing approximately 1,566 acres Tying Southwest of a
line commencing at that point described in the Missouri Bottoms Levee District in
the Northeast line of property conveyed to Kenneth Kleiman by deed recorded in
Book 6700. Page 93 of the St. Louis County Records, which property is now
owned by KWK Management LP by deed recorded in Book 12387, Page 2470 of
the St. Louis County Records; thence Southwestwardly along the Western line of
said property conveyed to KWK Management LP a distance of approximately 150
feet to a point being the Southeastermost corner of Parcel 2 of the property
conveyed to Donald F. Teson and wife by deed recorded in Book 12669, Page
526; thence Northwestwardly along the East line of Parcel 2 of said property
conveyed to Donald F. Teson and wife to the North line of Aubuchon Road a
distance of approximately 1,050 feet, more or less; thence continuing
Northwestwardly along the East line of the property conveyed to Thomas J.
Teson, et al. by deed recorded in Book 8158, Page 2070 of the St. Louis County
Records a distance of approximately 6,350 feet, more or less, to a point on the
East line of said property conveyed to Thomas J. Teson, et al., said point also
being the Northwesternmost corner of Parcel 1 of the property conveyed to the
Willbrand Family LP by deed recorded in Book 13662, Page 764 of the St, Louis
County Records; thence along the Northwestwardly prolongation of the East line
of said property conveyed to Thomas J. Teson, et al. a distance of approximately
600 feet, more or less, to the centerline of the Missouri Bottoms Levee, said tract
being all lands and other property lying Southwest of the line described and
within Missouri Bottoms Levee District, said Missouri Bottoms Levee District
being described as follows:
A tract of land in U.S. Surveys 2660, 2038, and 2039 and in Sections 14,
15, 21. 22, and 23, Township 47 North - Range 5 East, St. Louis County,
Missouri, and being more particularly described as:
Beginning at the intersection of the East line of property conveyed to
Marshall R. Murphy and wife by deed recorded in Book 8013, Page 355 of the St.
Louis County Records with the Northeast line of Norfolk Western Railroad right-
of-way; thence Northwestwardly along the said Northeast line of Norfolk and
Western Railroad right-of-way 11,300 feet, more or less. to the centerline of a
levee; thence in a general Northeastwardly direction along the said centerline of
said levee 16,200 feet, more or less, to a point in the Northeast line of property
conveyed to George L, Blackburn and wife by deed recorded in Book 2931, Page
257 of the St. Louis County Records; thence Southeastwardly along the said
Northeast line of the Blackburn property 4,500 feet, more or less, to a point in the
West line of Section 13, said point being also the most Northeastern corner of said
Blackburn property; thence Southwardly along the said West line of Sections 13
and 24 3,980 feet, more or less, to a point in the centerline of Aubuchon Road;
thence Southwestwardly along the said Centerline of Aubuchon Road, 2,900 feet,
more or less, to said centerline intersection with the Northeast line of property
conveyed to Mary Prouhet by deed recorded in Book 6480, Page 385 of the St.
Louis County Records; thence Southeastwardly along the said Northeast line of
the Prouhet property 380 feet, more or less, to the most Eastern corner thereof;
thence Southwestwardly along the Southeast line of said Prouhet property 850
feet, more or less, to a point in the Northeast line of property conveyed to
Kenneth Kleiman by deed recorded in Book 6700, Page 93 of the St. Louis
County Records; thence Southeastwardly and Southwardly along the Northeast
and East lines of said Kleiman property to a point in the centerline of Missouri
Bottom Road; thence Southeastwardly along the said centerline of Missouri
Bottom Road, 300 feet, more or less, to the intersection of the said centerline of
Missouri Bottom Road with the centerline of Taussig Road; thence
Southeastwardly along the said centerline of Taussig Road 373 feet, more or less,
to the intersection of said centerline with the Northwardly prolongation of the
East line of property conveyed to William Prouhet by deed recorded in Book
5950, Page 179 of the St. Louis County Records; thence Southwardly along said
East line of Prouhet property 1,340 feet, more or less, to a point in the Northeast
line of property conveyed to Donald R. Lindner and wife by deed recorded in
Book. 7481, Page 1412 of the St. Louis County Records; thence Southeastwardly
and Westwardly along the said Northeast line and South line of said Lindner
property to a point in the centerline of Gist Road; thence Northwestwardly along
the Northeast line of property conveyed to the City of Bridgeton by deed recorded
in Book 7048, Page 93 of the St. Louis County Records 1,970 feet, more or less,
to a point in the aforesaid centerline of Taussig Road; thence Southwestwardly
along the said centerline of Taussig Road 1,823 feet, more or less, to the
intersection of said centerline with the centerline of Ferguson Lane; thence
Southeastwardly along the said centerline of Ferguson Lane 1,400 feet, more or
less, to the point of beginning and containing 2,700 acres, more or less.
A-2
16
EXHIBIT B
Boundaries of MSD
(Attached)
13-1
EXHIBIT C
Map of Public Storm Sewers in Levee District
(Attached)
C-1
EXHIBIT D
Assignment of Property Interests
Space Above for Recorder's Use Only
DOCUMENT COVER SHEET
TITLE OF DOCUMENT:
DATE OF DOCUMENT:
GRANTOR(S):
Mailing Address:
GRANTEE(S):
Mailing Address:
NON-EXCLUSIVE ASSIGNMENT OF RIGHTS UNDER
STORMWATER AND DRAINAGE EASEMENTS
FROM THE METROPOLITAN ST. LOUIS SEWER
DISTRICT TO THE MISSOURI BOTTOMS LEVEE —
BRIDGETON DISTRICT
2017
METROPOLITAN ST. LOUIS SEWER DISTRICT
2350 Market Street
St, Louis, MO 63103
MISSOURI BOTTOMS LEVEE — BRIDGETON
DISTRICT
c/o Husch Blackwell LLP
190 Carondelet Plaza, Suite 600
Clayton, MO 63105
Attn: David R. Human
LEGAL DESCRIPTION: See Exhibit A
REFERENCED BOOK & PAGE: N/A
Upon recording, please return original to:
Husch Blackwell LLP
190 Carondelet Plaza, Suite 600
Clayon, MO 63105
Attn: David R. Human, Esq.
NON-EXCLUSIVE ASSIGNMENT OF RIGHTS UNDER STORMWATER AND
DRAINAGE EASEMENTS FROM THE METROPOLITAN ST. LOUIS SEWER
DISTRICT
TO THE MISSOURI BOTTOMS LEVEE - BRIDGETON DISTRICT
THIS NON-EXCLUSIVE ASSIGNMENT OF RIGHTS UNDER STORMWATER AND
DRAINAGE EASEMENTS (this "Assignment") is made and entered into as of the day
of , 2017 (the "Effective Date") by and between the Metropolitan St, Louis
Sewer District ("MSD") and the Missouri Bottoms Levee -- Bridgeton Subdistrict ("MBLD"),
established pursuant to Chapters 245 and 246, Revised Statutes of Missouri ("RSMo"), as
amended.
WITNESSETH:
WHEREAS, MBLD is 11 levee district organized and existing under Chapters 245 and
246, RSMo (2016), as amended, and the Decree of the Circuit Court of St. Louis County,
Missouri in Cause Number 03CC-000191 (the "Decree") and on the date hereof has jurisdiction
to provide flood protection and control (which jurisdiction includes the internal stormwater
drainage systems) for the area within the boundaries set forth in the Decree, which includes the
real property more particularly described in Exhibit D-1;
WHEREAS, MSD executes this Assignment as provided in that certain
Intergovernmental Cooperation Agreement between MSD and MBLD, which was duly
authorized and approved this Assignment in Ordinance No. adopted on
, 2017 under authority conferred by Section 70.220, RSMo (2016) and
MSD's Charter, Section 3.020.7 ("Intergovernmental Cooperation Agreement");
WHEREAS, in order to facilitate MSD's provision of stormwater management, MSD
has been granted by recorded deed and subdivision plats, numerous drainage and stormwater and
drainage easements on property in MBLD ("Stormwater and Drainage Easements"); and
WHEREAS, MSD desires to assign to MBLD non-exclusive rights to use the
Stormwater and Drainage Easements to allow MBLD to exercise the rights granted under such
Stormwater and Drainage Easements, for the purpose of MBLD providing flood protection and
control and storm water and runoff management in MBLD.
FOR GOOD AND VALUABLE CONSIDERATION, receipt of which is hereby
acknowledged, including the sum of Ten Dollars ($10.00), and the aforesaid recitals incorporated
in and made part of this Assignment, and the agreements and understandings contained herein,
MSD hereby assigns and conveys Stormwater and Drainage Easements to MBLD as follows:
1. Assignment and Conveyance of Rights.
A. As of the Effective Date, MSD hereby assigns and conveys to MBLD
non-exclusive right to use all present and any future Stormwater and Drainage Easements
benefiting MSD, and improvements therein, owned or controlled by MSD located within the
boundaries set forth on Exhibit D -J and incorporated herein. and to exercise the rights granted
or implied under such Stormwater and Drainage Easements, and all rights appurtenant thereto,
including but not limited to the right to maintain, operate and improve the Stormwater and
Drainage Easements and improvements therein, now or hereafter existing under any other
easement, deed, dedication, of any kind now or hereafter existing, subject to the terms of the
Intergovernmental Cooperation Agreement.
B. MSD agrees to cooperate with MBLD in MBLD's exercise of the rights
assigned herein to MBLD, including but not limited to joining as a party in any action to enforce
the rights of MSD and the MBLD in the Stormwater Drainage Easements. MSD agrees to
execute such additional instruments, in recordable form, as may be reasonably necessary to allow
MBLD to utilize and enforce any one or all of the Stormwater Drainage Easements.
C. Nothing in this Assignment shall be construed to assign, transfer or
convey to the MBLD any duties, responsibilities, rights or authority granted to or held by MSD
that are unrelated to the provision of stonnwater management within MBLD.
2. Authority. MSD represents and warrants to MBLD that it is duly authorized and
empowered to and has full authority to enter into this Assignment.
3. Effective Date/Binding Effect. This Assignment shall be effective on the
Effective Date, shall be binding upon and shall run with the land and shall inure to the benefit of
and shall be binding upon MSD and MBLD and their respective successors and permitted
assigns.
4. Miscellaneous.
(a) This Assignment constitutes the entire understanding of the parties with
respect to the matters herein set forth.
(b) This Assignment shall be construed in accordance with and governed by
the internal laws of the State of Missouri.
(c) No waiver or modification of this Assignment shall be valid unless in
writing and duly authorized and signed by the parties hereto.
(d) One (1) executed copy of this Assignment shall be recorded in the St.
Louis County, Missouri, Records.
(e) MBLD may assign its rights hereunder only to any successor levee
district or to MSD, or, subject to the prior approval of MSD, MBLD may assign its rights
hereunder to the State of Missouri, County of St. Louis. or to any other state or federal political
subdivision or district.
IN WITNESS WHEREOF, MSD has executed this Assignment the date and year
first set forth above.
THE METROPOLITAN ST. LOUIS SEWER
DISTRICT:
By:
Brian L. Hoelscher, Executive Director
STATE OF MISSOURI
SS.
CITY OF ST. LOUIS
On this day of , 2017, before me, the undersigned, a Notary Public,
appeared Brian L. Hoelscher, to me personally known, who, being by me duly sworn, did say
that he is the Executive Director of the METROPOLITAN ST. LOUIS SEWER DISTRICT, a
body politic and corporate duly authorized, incorporated and existing under and by virtue of the
Constitution and laws of the State of Missouri, and that the seal affixed to the foregoing
instrument is the corporate seal of said District, and that said instrument was signed and sealed in
behalf of said District by authority of its Board of Trustees, and said official acknowledged said
instrument to be executed for the purposes therein stated and as the free act and deed of said
District.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in
the City and State aforesaid, the day and year first above written.
Notary Public
My Commission Expires:
EXHIBIT D-1 — Assignment of Property Interests
Legal Description of the MELD
A tract of land containing approximately 1,566 acres lying Southwest of a line
commencing at that point described in the Missouri Bottoms Levee District in the
Northeast line of property conveyed to Kenneth Kleiman by deed recorded in Book 6700,
Page 93 of the St. Louis County Records, which property is now owned by KWK
Management LP by deed recorded in Book 12387, Page 2470 of the St. Louis County
Records; thence Southwestwardly along the Western line of said property conveyed to
KWK Management LP a distance of approximately 150 feet to a point being the
Southeasterrnost corner of Parcel 2 of the property conveyed to Donald F. Teson and wife
by deed recorded in Book 12669, Page 526; thence Northwestwardly along the East tine
of Parcel 2 of said property conveyed to Donald F. Teson and wife to the North line of
Aubuchon Road a distance of approximately 1,050 feet, more or less; thence continuing
Northwestwardly along the East line of the property conveyed to Thomas J. Teson, et al.
by deed recorded in Book 8158, Page 2070 of the St. Louis County Records a distance of
approximately 6,350 feet, more or less, to a point on the East line of said property
conveyed to Thomas J. Teson, et al., said point also being the Northwesternmost corner
of Parcel 1 of the property conveyed to the WiIlbrand Family LP by deed recorded in
Book 13662, Page 764 of the St. Louis County Records; thence along the
Northwestwardly prolongation of the East line of said property conveyed to Thomas J.
Teson, et al. a distance of approximately 600 feet, more or less, to the centerline of the
Missouri Bottoms Levee, said tract being all lands and other property lying Southwest of
the line described and within Missouri Bottoms Levee District, said Missouri Bottoms
Levee District being described as follows:
A tract of land in U.S. Surveys 2660, 2038, and 2039 and in Sections 14, 15, 21,
22, and 23, Township 47 North - Range 5 East, St. Louis County, Missouri, and being
more particularly described as:
Beginning at the intersection of the East line of property conveyed to Marshall R.
Murphy and wife by deed recorded in Book 8013, Page 355 of the St. Louis County
Records with the Northeast line of Norfolk Western Railroad right-of-way; thence
Northwestwardly along the said Northeast line of Norfolk and Western Railroad right-of-
way 11,300 feet, more or less, to the centerline of a levee; thence in a general
Northeastwardly direction along the said centerline of said levee 16,200 feet, more or
less, to a point in the Northeast line of property conveyed to George L. Blackburn and
wife by deed recorded in Book 2931, Page 257 of the St. Louis County Records; thence
Southeastwardly along the said Northeast line of the Blackburn property 4,500 feet, more
or less, to a point in the West line of Section 13, said point being also the most
Northeastern corner of said Blackburn property; thence Southwardly along the said West
line of Sections 13 and 24 3,980 feet, more or less, to a point in the centerline of
Aubuchon Road; thence Southwestwardly along the said Centerline of Aubuchon Road,
2,900 feet, more or less, to said centerline intersection with the Northeast line of property
conveyed to Mary Prouhet by deed recorded in Book 6480, Page 385 of the St. Louis
County Records; thence Southeastwardly along the said Northeast line of the Prouhet
property 380 feet, more or less, to the most Eastern corner thereof; thence
23
Southwestwardly along the Southeast line of said Prouhet property 850 feet, more or less,
to a point in the Northeast line of property conveyed to Kenneth Kleiman by deed
recorded in Book 6700, Page 93 of the St. Louis County Records; thence
Southeastwardly and Southwardly along the Northeast and East lines of said Kleiman
property to a point in the centerline of Missouri Bottom Road; thence Southeastwardly
along the said centerline of Missouri Bottom Road, 300 feet, more or less, to the
intersection of the said centerline of Missouri Bottom Road with the centerline of Taussig
Road; thence Southeastwardly along the said centerline of Taussig Road 373 feet, more
or less, to the intersection of said centerline with the Northwardly prolongation of the
East line of property conveyed to William Prouhet by deed recorded in Book 5950, Page
179 of the St. Louis County Records; thence Southwardly along said East line of Prouhet
property 1,340 feet, more or less, to a point in the Northeast line of property conveyed to
Donald R. Lindner and wife by deed recorded in Book 7481, Page 1412 of the St. Louis
County Records; thence Southeastwardly and Westwardly along the said Northeast line
and South line of said Lindner property to a point in the centerline of Gist Road; thence
Northwestwardly along the Northeast line of property conveyed to the City of Bridgeton
by deed recorded in Book 7048, Page 93 of the St. Louis County Records 1,970 feet,
more or less, to a point in the aforesaid centerline of Taussig Road; thence
Southwestwardly along the said centerline of Taussig Road 1,823 feet, more or less, to
the intersection of said centerline with the centerline of Ferguson Lane; thence
Southeastwardly along the said centerline of Ferguson Lane 1,400 feet, more or less, to
the point of beginning and containing 2,700 acres. more or less.
24
EXHIBIT E
Form of Easement for
Stormwater Improvements in Levee District
EASEMENT
TO WHOM IT MAY CONCERN:
KNOW ALL MEN BY THESE PRESENTS, that
for and in
consideration of the sum of One Dollar ($1.00) and other valuable consideration in hand paid by The
Levee District (Levee District), the receipt of which is
hereby acknowledged, do(es) hereby give, grant, extend, and confer on The Levee District the exclusive
right to build and/or maintain stormwater improvements on the strip or strips of ground described as
shown hachured on the attached "Easement Plat" marked Exhibit "A" and made a part hereof, and to use
such additional space adjacent to the easement(s) so granted as may be required for working room
during the construction, reconstruction, maintenance, or repair of the aforementioned stormwater
improvements. The Levee District may from time to time enter upon said premises to construct,
reconstruct, replace, maintain, or repair the aforesaid stormwater improvements, and may assign its rights
herein to the State, County, City, or other political subdivisions of the State. The easement(s) hereby
granted is(are) irrevocable and shall continue forever.
IN WITNESS WHEREOF, the above named grantor(s) has(ve) signed these
presents this day of
STATE OF MISSOURI )
) SS.
COUNTY OF ST. LOUIS )
20
On this day of , 20 , before me personally appeared_
, to me known to be the person(s) described in and who executed the foregoing
instrument, and acknowledged that executed the same as free act
and deed.
E-1
SLC-8138766 483172/1
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my notarial seal,
the day and year first above written.
My Commission expires
Notary Public
E-2
SLC-8138766 4831 nn
INTERGOVERNMENTAL COOPERATION AGREEMENT
BETWEEN
METROPOLITAN ST. Louis SEWER DISTRICT
AND
EARTH CITY LEVEE DISTRICT
EFFECTIVE AS OF March 31, 2017
TABLE OF CONTENTS
ARTICLE I STORMWATER MANAGEMENT AGREEMENT AND BILLING 6
Stormwater Services to be provided by the Levee District 6
Levee District Contact Information
Recognition of Levee District Jurisdiction for Stormwater Management 7
MSD Services 7
Assessment within Levee District
Section 1.1
Section I.2
Section 1.3
Section 1.4
Section 1.5
Section 1.6
7
8
Exclusion of Levee District Property from Subdistrict Boundaries 8
ARTICLE II ASSIGNMENT OF PROPERTY INTERESTS 8
Section 2.1 Assignment of Easements to Levee District 8
Section 2.2 Return of Easements to MSD in the Event of Termination 9
Section 2.3 Future Stormwater Easements within the Levee District 9
Section 2.4 Improvements Constructed in Easements 9
ARTICLE III ENVIRONMENTAL REGULATION 9
Section 3.1 Phase 11 Permit Requirements 9
ARTICLE IV PLAN REVIEW AND ENFORCEMENT POWERS 10
Section 4.1 Plan Review and Enforcement of Levee District Planning Guidelines 10
Section 4.2 Enforcement of Levee District Construction Inspection Guidelines 10
ARTICLE V TERM AND TERMINATION 10
Section 5.1 Term, 10
Section 5.2 Termination 10
ARTICLE VI DEFAULT AND REMEDIES 11
Section 6.1 Default and Remedies 11
ARTICLE VII,
Section 7.1
Section 7.2
Section 7.3
Section 7.4
Section 7.5
Section 7.6
Section 7.7
Section 7.8
Section 7.9
MISCELLANEOUS 11
Recitals 11
Assignment 11
Choice of Law and Venue 11
Entire Agreement; Amendment; Reliance by Third Parties 11
Counterparts 11
Severability 11
Headings 12
Representatives Not Personally Liable 12
Force Majeure 12
EXHIBIT A Boundaries of Levee District
EXHIBIT B Boundaries of MSD
EXHIBIT C Map of Public Storm Sewers in Levee District
EXHIBIT D Assignment of Property Interests
EXHIBIT E Form of Easement for Stormwater Improvements in Levee District
3
INTERGOVERNMENTAL COOPERATION AGREEMENT
THIS INTERGOVERNMENTAL COOPERATION AGREEMENT ("Agreement-)
is made and entered into as of the 31'` day of March, 2017, by and between the Metropolitan St.
Louis Sewer District ( "MSD") and the Earth City Levee District (the "Levee District").
RECITALS
A. The Levee District was formed on January 7, 1994, pursuant to an Order of the
Circuit Court of St. Louis County, Missouri in a case styled In the Matter of: Earth City Levee
District, Cause Number 655688. having a boundary description as set forth in Exhibit A attached
hereto.
B. The Levee District maintains a system of levees and other structures to provide
protection from flooding by the Missouri River and certain tributaries ("Levee Svstem").
C. Pursuant to Chapters 245 and 246 of the Revised Statutes of Missouri ("Enabling
Act.'), the Levee District, through its Board of Supervisors, is authorized and empowered, inter
alia, to construct and maintain drainage ditches, pumping stations, syphons and any other works
and improvements deemed necessary to preserve and maintain the works in the Levee District.
D. MSD was formed on February 9, 1954 pursuant to Section 30 Article VI of the
Constitution of the State of Missouri and the Charter (Plan) of the Metropolitan St. Louis Sewer
District approved by the voters in St. Louis City and St. Louis County, Missouri on February 9,
1954 and amended on November 7, 2000 and on June 5, 2012 ("Charter"), having a boundary
description as set forth in Exhibit B attached hereto.
E. The boundaries of the Levee District overlap or are included within the
boundaries of MSD.
F. Pursuant to the Charter, MSD has the power, inter alia, to have jurisdiction,
control, possession and supervision to construct, operate and maintain a drainage system. MSD
also has the power to approve, revise, or reject the plans and designs of all private or public
stormwater facilities. No such facility shall be constructed or reconstructed without the approval
of MSD and any such work shall be subject to the inspection and supervision of MSD. MSD also
has the power to contract with other public agencies for the construction, use, or maintenance of
stormwater facilities or for the performance of any service required by MSD.
G. MSD and the Levee District are political subdivisions of the State of Missouri
and, with due authorization and approval of the Board of Trustees of MSD in Ordinance No.
adopted on , and the Board of Supervisors of the Levee District by
resolution approved at a meeting of the Board of Supervisors on December 13, 2016, enter into
this Agreement under authority conferred by Section 70.220. RSMo (2006) and MSD's Charter,
Section 3.020.7.
4
H. In addition to the Levee System, pursuant to statutory authority, the Levee District
has responsibility for maintaining a system of public stormwater infrastructure that includes
drainage ditches, pumping stations and other public stormwater infrastructure ("Stormwater
System").
1. The Levee System and the Stormwater System function together to provide a
system of flood protection and stormwater management that is subject to regulation by local,
state and federal agencies including the City of Bridgeton. Missouri, St. Louis County. Missouri,
MSD, the Missouri State Emergency Management Agency. the Federal Emergency Management
Agency and the United States Army Corps of Engineers.
J. As required by the agencies regulating the Levee District, the Levee District has
adopted guidelines and polices relating to operation and maintenance of the Levee System and
the Stormwater System (together, the Levee System and the Stormwater System shall be referred
to herein and together shall mean the "ECLD System"). The Levee District is a governmental
entity that is responsible for operations and maintenance of the entire ECLD System, including
maintenance and operation of the pump stations serving the master conveyance ditches and the
levees within the District;
K. MSD historically has recognized the unique function of the Levee District in
providing stormwater management within the boundaries of the Levee District and MSD
historically has deferred to the Levee District or related entities in most aspects of stormwater
management, including but not limited to design criteria and plan review.
L. The cost to construct, operate and maintain a vast majority of the ECLD System
has been paid by third parties and property owners within the Levee District boundaries.
M. To fund its stormwater services, MSD currently collects an ad valorem property
tax at the rate of $0.0197 per $I00 assessed valuation for the purpose of providing stormwater
regulatory services and an ad valorem property tax at the rate of $0.1000 per $100 assessed
valuation for the purpose of operation and maintenance of the stormwater system. MSD is not
currently imposing an impervious fee and is discontinuing its stormwater service charge of
$0.24/$0.I 8 per month as of July 1, 2016.
N. Due to the unique nature of the Levee District's authority and responsibilities for
flood control and stormwater management within the boundaries of the Levee District, the Levee
District and MSD recognize that the Levee District is in a position to provide some stormwater
services currently or planned to be provided by MSD within the Levee District boundaries.
0. Based upon the Levee District's ability to provide some stormwater services
within the Levee District boundaries, the parties seek to reach an agreement for the Levee
District to provide the Stormwater Services (as defined in Article I, Section 1.1), and to reach an
agreement for MSD to provide the MSD Services (as defined in Article I, Section 1.4).
P. Property within the Levee District will be subject to MSD's ad valorem property
tax of $0.0197 per $100 assessed valuation for MSD stormwater regulatory services. Based
upon the Levee District's ability to provide Stormwater Services (as defined in Article 1,
Sectionl .1) within the Levee District boundaries, MSD shall not collect the proposed Stormwater
5
ad valorem property tax of $0.1000 per $100 assessed valuation from property within the Levee
District boundaries for the Stormwater Services performed by the Levee District. However, MSD
may establish a subdistrict in response to a petition by property owners solely within the Levee
District as provided for in MSD's Charter (Plan).
Q. Subject to the termination provisions herein, the effective date of this Agreement
shall be March 3I, 2017 ("Effective Date").
Now, THEREFORE, in consideration of the premises and promises set forth herein, the
adequacy and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:
ARTICLE I
Stormwater Management Agreement and Billing
Section 1.1 Stormwater Services to be provided by the Levee District. Within the
Levee District boundaries, the Levee District will provide the following services, to be included.
referred to herein, and defined as "Stornnvater Services:"
A. Maintenance, as determined by the Levee District, of Public Storm
Sewers, as defined herein, existing as of the Effective Date in accordance
with the map attached hereto as Exhibit C;
B. Maintenance, as determined by the Levee District, of Public Storm
Sewers, as defined herein, accepted by the Levee District in accordance
with MSD and Levee District standards, after the Effective Date, and
those constructed by the Levee District;
C. Plan review of all stormwater plans to ensure designs are substantially
consistent with Levee District and MSD requirements, except for facilities
required to meet stormwater quality requirements, which facilities will
remain subject to MSD review;
D. Permitting of all stormwater facilities;
E. Construction inspection of all Public Storm Sewers;
F. As -built survey review, processing, and records retention associated with
Public Storm Sewers;
G. Delivery of the as -built survey drawings to MSD for mapping as projects,
public or private, are accepted by the Levee District;
H. Participation in Missouri One -Call;
I. Maintenance and operation of "master" stormwater conveyance ditches;
J. Oversight of (i) maintenance and (ii) operation of private detention and
retention basins, or the enforcement thereof.
The term "Public Storm Sewer" shall mean any storm sewer, storm inlet, storm manhole, formed
concrete paved channel, or other similar man-made structure used in the conveyance of
stormwater across the property line of a parcel of land or collection of stormwater that crosses
the property line of an individual parcel of land, excluding those facilities listed in Section 1.2.
Stormwater systems that collect run-off from a single parcel of land and convey only that flow to
another stormwater system located within a publicly maintained right-of-way or easement shall
6
be considered a private storm sewer. In connection with Public Storm Sewers. the Levee District
will provide a report to MSD at a minimum of annually within sixty (60) days of each calendar
year end, summarizing previous submittals or providing as -built survey drawings for new public
storm sewers constructed during the previous calendar year and summarizing major repair or
improvement projects of existing Public Storm Sewers planned by the Levee District during the
upcoming calendar year.
Section 1.2 Levee District Contact Information, The Levee District will provide
MSD with contact information of personnel or contractors for routine and emergency matters
relating to stormwater management within the Levee District. MSD shall refer any routine or
emergency inquiries it receives relating to stormwater issues in the Levee District in accordance
with the contact information provided and updated by the Levee District in writing from time to
time. The Levee District shall, upon the Effective Date of this Agreement. and periodically'
thereafter, inform its residents of the appropriate Levee District contact for stormwater related
complaints.
Section 1.3 Recognition of Levee District Jurisdiction for Stormwater
Management. MSD agrees that the Levee District has the ability to provide some stormwater
management within the Levee District. MSD further agrees that the Levee District, in its sole
discretion, may exercise any or all of the powers, duties and functions of a levee district under
the Enabling Act or any Missouri or federal law, including but not limited to the following: (i)
conducting studies with respect to stormwater management; (ii) establishing plans and criteria
for stormwater management within the Levee District; (iii) planning and implementing a
stormwater master plan within the Levee District; (iv) constructing, using, maintaining and
operating stormwater infrastructure and related appurtenances; (v) acquiring lands and other real
and personal property rights; (vi) adopting regulations, policies and guidelines for construction;
(vii) cooperating with other political subdivisions to accomplish stormwater management within
the Levee District as deemed necessary by the Levee District; and, (viii) doing all things
necessary or incidental to the foregoing.
Section 1.4 MSD Services. MSD will provide the following services within the Levee
District, which shall be referred to herein and defined as "MSD Services":
A. Upkeep and use of stormwater rules and regulations:
B. Stream flow monitoring;
C, Water quality monitoring:
D. GIS/Mapping; and,
E. All water quality regulatory activities required under the Phase 11 Permit.
as defined herein, and any future water quality functions required to be
performed by any federal, state or local agency having jurisdiction over
MSD. As of the Effective Date, the water quality regulatory activities
included in MSD Services are as follows:
Overall service area oversight, reporting and coordination with
Missouri Department of Natural Resources and the Environmental
Protection Agency;
Site stormwater run-off control;
7
(iii) Monitoring maintenance of post -construction stormwater best
management practices;
(iv) Public education and public participation on focal sources of water
pollution;
(v) Illicit discharge inspection and elimination in open channels;
(vi) Development of Best Management Practices for operations and
maintenance activities;
(vii) Inspection of stormwater discharges;
(viii) Enforcement; and,
(ix) Plan review of all stormwater plans for facilities required to meet
stormwater quality requirements.
MSD will update its CiIS database to include all Public Storm Sewers existing in the Levee
District and any future Public Storm Sewers identified by the Levee District within its
boundaries, and MSD shall make the GIS database available in any format requested by the
Levee District for use by the Levee District and its agents for stormwater purposes within the
Levee District,
Section 1.5 Assessment within Levee District. While this Agreement is in effect,
MSD and the Levee District agree that based upon the Levee District's ability to provide
Stormwater Services (as defined in Article I, Section 1.1) within the Levee District boundaries,
MSD shall not collect the Stormwater ad valorem property tax of $0.1000 per $100 assessed
valuation from property within the Levee District boundaries.
Property within the Levee District shall continue to be subject to the Stormwater ad
valorem property tax of $0.0197 per $100 assessed valuation for the purpose of providing MSD
regulatory services.
Section 1.6 Exclusion of Levee District Property from Subdistrict Boundaries.
MSD agrees that property within the Levee District boundaries shall be excluded from any
subdistrict unilaterally established or proposed by MSD for the purpose of instituting any tax,
assessment, charge or regulation in connection with any stormwater related function or service
by MSD now or in the future. If petitioned by residents of the Levee District to form a
subdistrict, MSD shall follow the Charter and other regulations governing MSD in response to
any such petition. The parties acknowledge and agree that under the Charter, any petition to form
a subdistrict including all or part of the Levee District is not eligible for consideration unless said
petition is brought by the requisite number of residents and acres of property within the Levee
District, solely considering the boundaries of the Levee District.
ARTICLE II
Assignment of Property Interests
Section 2.1 Assignment of Easements to Levee District. MSD hereby transfers and
assigns to the Levee District all recorded easements and rights of way granted to MSD for
stormwater facilities, any public stormwater improvements thereon, by deed, plat or other
writing, for use by the Levee District in accordance with the terms of this Agreement. MSD
8
shall, simultaneously herewith, execute the Assignment of Property interests attached hereto as
Exhibit D, which shall be recorded by the Levee District.
Section 2.2 Return of Easements to MSD in the Event of Termination. In the event
of termination of this Agreement as provided in Article VI herein, the Levee District shall assign
and transfer back to MSD (i) the easements and rights of way transferred and conveyed by MSD
to the Levee District pursuant to the Assignment of Property Interests described herein, as well
as (ii) any other property rights held by the Levee District necessary for MSD to maintain public
storm facilities within the boundaries of the Levee District.
Section 2.3 Future Stormwater Easements within the Levee District. Any
stormwater easements required after the date hereof pursuant to plans and guidelines established
by the Levee District shall be dedicated to the Levee District and shall remain the property of the
Levee District. Such stormwater easements in favor of the Levee District shall be in the form
attached hereto as Exhibit E. Stormwater or drainage easements owned by the Levee District,
except for those necessary for MSD to maintain public storm facilities, as of the date hereof are
and shall remain the property of the Levee District. In the event that this Agreement terminates,
all stormwater and drainage easements in favor of the Levee District that are necessary for MSD
to maintain public storm facilities shall be transferred to MSD to allow it to maintain the public
storm facilities within the boundaries of the Levee District.
Section 2.4 Improvements Constructed in Easements. Any stormwater
improvements or modifications to existing stormwater improvements constructed by the Levee
District or caused to be constructed by the Levee District within storrnwater easements granted to
the Levee District or within stormwater easements assigned to the Levee District by MSD
hereunder, shall be and remain the property of the Levee District except for those necessary for
MSD to maintain public storm facilities.
ARTICLE III
Environmental Regulation
Section 3.1 Phase II Permit Requirements. The Levee District agrees to construct,
operate and maintain their system within the Levee District, as specified in Section 1.1, in such a
manner as to not violate or cause non-compliance with the current Missouri State Operating
Permit Water Pollution Control Program, issued by the State of Missouri, Department of Natural
Resources to Metropolitan St. Louis Sewer District, Permit No. MO -R040005 ("Phase II
Permit"), for the Stormwater Services the Levee District is providing that are considered
municipal operations. MSD agrees that the operation and maintenance or capital improvements
of MSD's existing sanitary sewer system shall be performed by MSD pursuant to MSD's State
of Missouri land disturbance permit.
9
ARTICLE IV
Plan Review and Enforcement Powers
Section 4.1 Plan Review and Enforcement of Levee District Planning Guidelines.
Each of the parties agrees to cooperate with the other in enforcement of stormwater management
policies and guidelines established for new development by requiring that all plans submitted for
review within the Levee District must be reviewed and approved prior to the issuance of a permit
for stormwater and/or sanitary sewer purposes.
Section 4.2 Enforcement of Levee District Construction Inspection Guidelines.
Each of the parties agrees to cooperate with the other in enforcement of stormwater management
policies and guidelines established for construction within the Levee District by suspending any
sewer permit issued upon notice from the other party that a construction site has failed to comply
with applicable standards for construction or with any condition contained in a permit issued for
construction.
ARTICLE V
Term and Termination
Section 5.1 Term. This Agreement shall continue until terminated as provided
herein. In the event MSD's Board of Trustees modifies the stormwater rates or imposes any new,
additional or replacement charge for stormwater or regulatory purposes, MSD and the Levee
District shall use best efforts to determine the assessment of property within the Levee District
and methodology to determine an assessment as outlined therein. If necessary, the parties shall
amend this Agreement or enter into an intergovernmental agreement similar in form and
substance to this Agreement to memorialize a modified assessment. In the event the parties
cannot mutually agree on an assessment in such event, the Levee District retains the right to
challenge any future assessment in the same manner as if this Agreement did not exist. If the
proposed modification of the rates or implementation of a new charge seeks to lower the same,
then the Levee District shall have the right, at its sole option, to continue this Agreement in
accordance with all the terms and provisions herein with respect to the lower rate.
Section 5.2 Termination. This Agreement and the obligations of the parties hereunder
shall be terminated if any of the following occur: (i) the Levee District shall cease to exist for a
period more than six (6) months and there shall be no proceeding to re-establish the existence of
the Levee District then pending; (ii) MSD shall cease to exist for a period of more than six (6)
months and there shall be no proceeding to re-establish the existence of MSD then pending; (iii)
the Enabling Act is amended or repealed to terminate the Levee District's authority with respect
to stormwater management; (iv) a court of competent jurisdiction enters a final and non -
appealable order that this Agreement is terminated or that the rates imposed by the MSD Board
of Trustees upon the Levee District are legally void; (v) in accordance with Section 5.1 herein,
the parties mutually agree to terminate this Agreement and implement a new agreement in the
event MSD's Board of Trustees modifies the stormwater rates or imposes any additional or
replacement charge for stormwater or regulatory purposes; or (vi) in accordance with Section 5.1
herein, in the event MSD's Board of Trustees modifies the stormwater rates or imposes any new,
additional or replacement charge for stormwater or regulatory purposes and the parties cannot
mutually agree upon a new assessment.
10
ARTICLE VI
Default and Remedies
Section 6.1 Default and Remedies. Except as otherwise provided in this Agreement,
in the event of any default in or breach of any material term or condition of this Agreement by
either party or any permitted successor or assign, the defaulting or breaching party shall, upon
written notice from the other party, proceed immediately to cure or remedy such default or
breach, and shall, in any event, within thirty (30) days after receipt of such notice, commence to
cure or remedy such default. In case such cure or remedy is not taken or not diligently pursued,
or the default or breach is not cured or remedied within a reasonable time, the aggrieved party
may institute such proceedings as may be necessary or desirable in its opinion to cure and
remedy such default or breach, including but not limited to proceedings to compel specific
performance by the defaulting or breaching party.
ARTICLE VII
Miscellaneous
Section 7.1 Recitals. The Recitals hereto are a material part of this Agreement and the
representations, warranties, covenants and conditions set forth therein shall be deemed binding
upon the parties hereto.
Section 7.2 Assignment. This Agreement shall not be assignable by any party without
the prior written consent of the other party hereto. Subject to the foregoing, this Agreement shall
inure to the benefit of and be binding upon the parties hereto and their respective representatives,
successors and assigns.
Section 7.3 Choice of Law and Venue. This Agreement shall be taken and deemed to
have been fully executed, made by the parties in, and governed by the laws of the State of
Missouri for all purposes and intents. The parties consent to jurisdiction and venue in any court
in the County of St. Louis, Missouri for actions in state court and to jurisdiction and venue in the
United States District Court, Eastern District of Missouri, Eastern Division for actions in Federal
Court.
Section 7.4 Entire Agreement; Amendment; Reliance by Third Parties. The
parties agree that this Agreement constitutes the entire agreement between the parties and that no
other agreements or representations other than those contained in this Agreement have been
made by the parties. This Agreement shall be amended only in writing, which shall be effective
when signed by the authorized agents of the parties. It is the intention of the parties that no third
party shall be entitled to rely on this Agreement for any purpose.
Section 7.5 Counterparts. This Agreement may be executed in multiple counterparts,
each of which shall constitute one and the same instrument.
Section 7.6 Severability. In the event any term or provision of this Agreement is held
to be unenforceable by a court of competent jurisdiction, the parties agree that (i) the remainder
shall continue in full force and effect, to the extent the remainder can be given effect without the
I1
invalidated provision; and (ii) the parties will endeavor to amend the Agreement to address the
subject matter of the term or provision determined to be unenforceable.
Section 7.7 Headings. Section headings are used herein for convenience of reference
only and shall not affect the meaning of any provision of this Agreement,
Section 7.8 Representatives Not Personally Liable. No elected or appointed official,
agent, employee or representative of MSD or the Levee District shall be personally liable to any
party or any third party in the event of any default or breach by any party under this Agreement,
or for any amount which may become due to any party or on any obligations under the terms of
this Agreement.
Section 7.9 Force Majeure. Neither MSD nor the Levee District nor any successor in
interest shall be considered in breach or default of their respective obligations under this
Agreement in the event of any delay or non-compliance to the extent caused by force majeure,
including, without limitation, damage or destruction by fire or casualty; strike; lockout; civil
disorder; war; restrictive government regulations; issuance of any permits and/or legal
authorization by a governmental entity; other state or federal government requirements; shortage
or delay in shipment of material or fuel; acts of God; or other causes beyond the parties'
reasonable control.
12
IN WITNESS WHEREOF, the parties hereto have made and entered into this Agreement as
of the day and year above first written.
METROPOLITAN ST. LOUIS SEWER DISTRICT
By:
ACKNOWLEDGMENT
STATE OF MISSOURI
) SS.
CITY OF ST. LOUIS
Brian L. Hoelscher, Executive Director
On this 514iday of A-prr i 1 , 2017, before me, the undersigned, a Notary Public,
appeared Brian L. Hoelscher, to me personally known, who, being by me duly sworn, did say
that he is the Executive Director of the METROPOLITAN ST. LOUIS SEWER DISTRICT, a
body politic and corporate duly authorized, incorporated and existing under and by virtue of the
Constitution and laws of the State of Missouri, and that the seal affixed to the foregoing
instrument is the corporate seal of said District, and that said instrument was signed and sealed in
behalf of said District by authority of its Board of Trustees, and said official acknowledged said
instrument to be executed for the purposes therein stated and as the free act and deed of said
District.
IN WITNESS WHEREOF, I have hereunto et my hand and affixed my notarial seal, the
day and year last above written.
LAURA A. DUFRN
Notary Public - Notary Seal
State of Missouri
Commissioned for St. Louis County
My Commission Expires: May 27, 2019
Commission Number. 15951200
(SEAL)
My commission expires:
a..
Printed Name: La u.
Notary Public in and for said State 0
Commissioned in Si- . Low t 5 County
S-2� 2a)9
13
EARTH CITY LEVEE DISTRICT
By:
Ryas[ Hod s, President of the Board of
Superviso
ACKNOWLEDGMENT
STATE OF MISSOURI
SS.
COUNTY CF ST. LOUIS
Cr,. thisco'�ti` day of p , . , 2017, before nne, the tndersigned, a Notary Public,
appeared Ryan Hodges to me personally own, who, being by me duly sworn, did say that he is
the President of tie 3nar,-1 of S uper.•isors of EARTH CITY LEVEE DISTRICT, a body politic
and corporate duly authorized, incorporated and existing under and by virtue of th., laws of the
State of Missouri, and that the seal affixed to the foregoing instrument is the corporate seal of
said Levee District, and that said instrument was signed and sealed i i behalf of said Levee
District by authority of its Board of Supervisors, and said official acknowledged said instrument
to be executed for the purposes therein stated and as the free act and deed or said Levee Dist jct.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal, the
day and year last above written.
(SEAL)
My commission expires: I nLi 5 t a0t<y
GAIL A, SINNETT
4 Notary Public - Notary Seal 1,4 STATE OF MISSOURI
St. Louts County �y
MyCommission
Cmor xn sst Expires:
15456792' 2019
fy A
Printed Name: (` c4 1 S,,, ft stitt
Notary Public in and for said State
Commissioned ir. S ltp S _ County
14
EXHIBIT A
Boundaries of Levee District
The following is the description of the boundaries of the Earth City Levee District. All
references to Book and Page refer to the records of the St. Louis County Recorder of Deeds.
A tract of land situated in Townships 46 and 47 North, Range 5 East, St. Louis County,
Missouri, and being more particularly described as follows:
Beginning at a point on the north right-of-way of the Norfolk and Western Railroad at its
intersection with the western right-of-way of Taussig Road; thence southwardly along the
western line of Taussig Road to the southern right-of-way of St. Charles Rock Road, excepting
there -from a 0.5 acre track now or formerly owned by Union Electric Company and recorded in
the St. Louis County records in Book 562, Page 88; thence westwardly along the south line of St.
Charles Rock Road to the northeastern most corner of a tract now or formerly owned by Ford
Motor Credit Company and recorded in the St. Louis County Records in Book 6963. Page 202
and in Book 8367, page 477; thence along the eastern most line of said tract the following
distances and bearings, South 53 degrees 41 minutes 00 seconds West 1137.89 feet to a point;
thence South 66 degrees 48 minutes 41 seconds East 674.43 feet to a point; thence South 34
degrees 50 minutes 51 seconds West 826.49 feet to a point; thence South 32 degrees 55 minutes
17 seconds East 29.67 feet to a point; thence South 25 degrees 38 minutes 17 seconds East
340.35 feet to a point; thence South 11 degrees 12 minutes 17 seconds East 348.18 feet to a
point; thence South 05 degrees 27 minutes 17 seconds East 477.76 feet to a point; thence South
00 degrees 02 minutes 17 seconds East 997.39 feet to a point; thence North 55 degrees 10
minutes 17 seconds West 844.63 feet to a point; thence South 54 degrees 12 minutes 08 seconds
West 58032 feet to a point; thence South 35 degrees 52 minutes 21 seconds East 1913.47 feet to
a point; thence South 53 degrees 43 minutes 52 seconds West 1138.43 feet to a point; thence
South 36 degrees 33 minutes 57 seconds East 328.23 feet to a concrete monument; said point
being the eastern most corner of Lot 9 of Von Puhl's Subdivision as recorded in Plat Book 9,
Page 45 of the St. Louis City (formerly County) records; thence along the southwest line of a
tract now or formerly West Lake Land Fil, Inc. as recorded in Book 6502, Page 612, and along
the southwest line of the Spanish Village Plat One Subdivision as recorded in Plat Book 122,
Pages 72 and 73, and along the southwest line of a tract of land now or formerly Leo F. Grob and
Beverly A. Grob as recorded in Book 6563, Page 220 of the St. Louis County records, a bearing
of South 36 degrees 28 minutes 19 seconds East 2464.57 feet to a point; said point being on the
north line of the Western Union Subdivision as recorded in Plat Book 147, Pages 32 through 37
of the St. Louis County records; thence along the north line of said Western Union Subdivision
South 72 degrees 41 minutes 53 seconds West 376.68 feet to a point on the north right-of-way of
Interstate Highway 70; thence along the north line of Interstate 70 to a point opposite the
intersection of the eastbound lanes of Interstate 70 with the eastbound on ramp from northbound
Earth City Expressway; thence southerly across Interstate 70 to the aforementioned ramp
intersection; thence southwesterly along the high point of the eastbound on ramp from
northbound Earth City Expressway to the intersection of said eastbound on ramp to the traveled
lanes of northbound Earth City Expressway; thence across Earth City Expressway to the
intersection of the eastbound Interstate 70 off ramp to the traveled lanes of southbound Earth
City Expressway; thence northwestwardly along the high point of the eastbound off ramp from
Interstate 70 to southbound Earth City Expressway to the intersection of said ramp with the
eastbound lanes of Interstate 70; thence northerly across Interstate 70 to the high point of the
westbound lanes of Interstate 70; thence along the said high point of the westbound lanes to the
east abutment of the Interstate 70 westbound bridge over the Missouri River; thence northwardly
to the north right-of-way line of Interstate 70; thence along the north line of Interstate 70 to the
southeastern corner of a tract now or formerly owned by Conservation Commission State of
Missouri and recorded in the St. Louis County records in Book 7722, Page 217; thence along the
eastern line of said Conservation Commission tract the following courses and distances, North 2
degrees 54 minutes 48 seconds West, 494.26 feet to a point; thence along a curve to the right
having a radius of 800.00 feet for an arc length of 366.67 feet to a point, said arc having a chord
bearing North 10 degrees 13 minutes 01 seconds East and a chord distance of 363.46 feet; thence
North 23 degrees 20 minutes 50 seconds East, 5601.35 feet to a point; thence along a curve to the
left having a radius of 11284.16 feet for arc length of 792.99 feet to a point on the south right-of-
way line of St. Charles Rock Road, said arc having a chord bearing North 21 degrees 20 minutes
02 seconds East and a chord distance of 792.83 feet; thence leaving the eastern line of the
Conservation Commission tract and continuing along a curve to the left having a radius of
11284.16 feet an arc length of 181.35 feet to a point on the north right-of-way line of St. Charles
Rock Road, said arc having a chord bearing of North 18 degrees 51 minutes 37 seconds East and
a chord distance of 181.35 feet; said point also being on the south line of a tract of land now or
formerly owned by Ford Motor Credit Company and recorded in the St. Louis County records in
Book 6963, Page 202; thence along the south line of said tract North 69 degrees 58 minutes 50
seconds West, 9.74 feet to the southwest corner of said tract; thence along the west line of said
tract North 19 degrees 51 minutes I6 seconds East, 314.80 feet -to the northwest corner of said
tract; thence along the north line of said tract South 70 degrees 08 minutes 44 seconds East 78.6
feet to a point on the west line of an easement for maintenance of levee as recorded in the St.
Louis County records in Book 6963, Page 212; thence along said west line the following courses
and distances, along a curve to the left having a radius of 11364.16 feet an arc length of 488.33
feet to a point; thence North 14 degrees 2I minutes 34 seconds East, 577.03 feet to a point;
thence along a curve to the right having a radius of 1572.39 feet for an arc length of 859.40 feet
to a point; thence North 46 degrees 38 minutes 52 seconds East, 355.36 feet to a point; thence
North 47 degrees 37 minutes 52 seconds East, 366.23 feet to a point; thence North 44 degrees 52
minutes 52 seconds East, 477.30 feet to a point; thence along a curve to the right having a radius
of 835.00 feet an arc length of 418.13 feet to a point; thence North 73 degrees 34 minutes 19
seconds East, 440.10 feet to a point; thence North 76 degrees 19 minutes 08 seconds East, 746.85
feet to a point on the southern line of Norfolk & Western Railroad right-of-way 100 feet wide;
thence along said southern line South 53 degrees 30 minutes 40 seconds East, 997.81 feet to a
point; thence leaving said easement for maintenance of levee North 52 degrees 32 minutes 10
seconds East, 260.14 feet to a point on the north right-of-way line of Norfolk & Western
Railroad; thence along the northern line of Norfolk & Western Railroad to the point of
beginning.
16
EXHIBIT B
Boundaries of MSD
(Attached)
B-1
EXHIBIT C
Map of Public Storm Sewers in Levee District
(Attached)
C-1
EXHIBIT D
.Assignment of Property Interests
Space Above for Recorder's Use Only
DOCUMENT COVER SHEET
TITLE OF DOCUMENT:
DATE OF DOCUMENT:
GRANTOR(S):
Mailing Address:
GRANTEE(S):
Mailing Address:
NON-EXCLUSIVE ASSIGNMENT OF RIGHTS UNDER
STORMWATER AND DRAINAGE EASEMENTS
FROM THE METROPOLITAN ST. LOUIS SEWER
DISTRICT TO THE EARTH CITY LEVEE DISTRICT
, 2017
METROPOLITAN ST. LOUIS SEWER DISTRICT
2350 Market Street
St. Louis, MO 63103
EARTH CITY LEVEE DISTRICT
c/o Husch Blackwell LLP
190 Carondelet Plaza, Suite 600
Clayton, MO 63105
Attn: David R. Human
LEGAL DESCRIPTION: See Exhibit A
REFERENCED BOOK & PAGE: N/A
Upon recording, please return original to:
Husch Blackwell LLP
190 Carondelet Plaza, Suite 600
Clayon, MO 63105
Attn: David R. Human, Esq.
NON-EXCLUSIVE ASSIGNMENT OF RIGHTS UNDER STORMWATER AND
DRAINAGE EASEMENTS FROM THE METROPOLITAN ST. LOUIS SEWER
DISTRICT
TO THE EARTH CITY LEVEE DISTRICT
THIS NON-EXCLUSIVE ASSIGNMENT OF RIGHTS UNDER STORMWATER AND
DRAINAGE EASEMENTS (this "Assignment") is made and entered into as of the day
of . 2017 (the "Effective Date") by and between the Metropolitan St. Louis
Sewer District ("MSD") and the Earth City Levee District ("ECLD"), established pursuant to
Chapters 245 and 246, Revised Statutes of Missouri ("RSMo"). as amended.
WITNESSETH:
WHEREAS, ECLD is a levee district organized and existing under Chapters 245 and
246, RSMo (2016), as amended and the Decree of the Circuit Court of St. Louis County,
Missouri in Cause Number 655688 (the "Decree") and on the date hereof has jurisdiction to
provide flood protection and control (which jurisdiction includes the internal stormwater
drainage systems) for the area within the boundaries set forth in the Decree, which includes the
real property more particularly described in Exhibit 0-1;
WHEREAS, MSD executes this Assignment as provided in that certain
Intergovernmental Cooperation Agreement between MSD and ECLD, which was duly
authorized and approved this Assignment in Ordinance No. adopted on
, 2017 under authority conferred by Section 70.220, RSMo (2016) and
MSD's Charter, Section 3.020.7 ("Intergovernmental Cooperation Agreement");
WHEREAS, in order to facilitate MSD's provision of stormwater management, MSD
has been granted by recorded deed and subdivision plats, numerous drainage and stormwater and
drainage easements on property in ECLD ("Stormwater and Drainage Easements"); and
WHEREAS. MSD desires to assign to ECLD non-exclusive rights to use the Stormwater
and Drainage Easements to allow ECLD to exercise the rights granted under such Stormwater
and Drainage Easements, for the purpose of ECLD providing flood protection and control and
storm water and runoff management in ECLD.
FOR GOOD AND VALUABLE CONSIDERATION. receipt of which is hereby
acknowledged. including the sum of Ten Dollars ($1 0.00), and the aforesaid recitals incorporated
in and made part of this Assignment, and the agreements and understandings contained herein,
MSD hereby assigns and conveys Stormwater and Drainage Easements to ECLD as follows:
1. Assignment and Conveyance of Rights.
A. As of the Effective Date, MSD hereby assigns and conveys to ECLD
a non-exclusive right to use alt present and any future Stormwater and Drainage Easements
benefiting MSD, and improvements therein. owned or controlled by MSD located within the
boundaries set forth on Exhibit D-1 and incorporated herein, and to exercise the rights granted
or implied under such Stormwater and Drainage Easements. and all rights appurtenant thereto,
including but not limited to the right to maintain, operate and improve the Stormwater and
Drainage Easements and improvements therein, now or hereafter existing under any other
easement, deed, dedication, of any kind now or hereafter existing, subject to the terms of the
Intergovernmental Cooperation Agreement.
B. MSD agrees to cooperate with ECLD in ECLD's exercise of the rights
assigned herein to ECLD, including but not limited to joining as a party in any action to enforce
the rights of MSD and the ECLD in the Stormwater Drainage Easements. MSD agrees to execute
such additional instruments, in recordable form, as may be reasonably necessary to allow ECLD
to utilize and enforce any one or all of the Stormwater Drainage Easements.
C. Nothing in this Assignment shall be construed to assign, transfer or
convey to the ECLD any duties, responsibilities, rights or authority granted to or held by MSD
that are unrelated to the provision of stormwater management within ECLD.
2. Authority. MSD represents and warrants to ECLD that it is duly authorized and
empowered to and has full authority to enter into this Assignment.
3. Effective Date/Binding Effect. This Assignment shall be effective on the
Effective Date, shall be binding upon and shall run with the land and shall inure to the benefit of
and shall be binding upon MSD and ECLD and their respective successors and permitted
assigns.
4. Miscellaneous.
(a) This Assignment constitutes the entire understanding of the parties with
respect to the matters herein set forth.
(b) This Assignment shall be construed in accordance with and governed by
the internal laws of the State of Missouri.
(c) No waiver or modification of this Assignment shall be valid unless in
writing and duly authorized and signed by the parties hereto.
(d) One (1) executed copy of this Assignment shall be recorded in the St.
Louis County, Missouri. Records.
(e) ECLD may assign its rights hereunder only to any successor levee
district or to MSD, or, subject to the prior approval of MSD, ECLD may assign its rights
hereunder to the State of Missouri, County of St. Louis, or to any other state or federal political
subdivision or district.
IN WITNESS WHEREOF. MSD has executed this Assignment the date and year
first set forth above.
THE METROPOLITAN ST. LOUIS SEWER
DISTRICT:
By:
Brian L. Hoelscher, Executive Director
STATE OF MISSOURI
)
CITY OF ST. LOUIS
SS.
On this day of , 2017, before me, the undersigned, a Notary Public,
appeared Brian L. Hoelscher, to me personally known, who, being by me duly sworn, did say
that he is the Executive Director of the METROPOLITAN ST. LOUIS SEWER DISTRICT, a
body politic and corporate duly authorized, incorporated and existing under and by virtue of the
Constitution and laws of the State of Missouri, and that the seal affixed to the foregoing
instrument is the corporate seal of said District, and that said instrument was signed and sealed in
behalf of said District by authority of its Board of Trustees, and said official acknowledged said
instrument to be executed for the purposes therein stated and as the free act and deed of said
District.
IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed my official seal in
the City and State aforesaid, the day and year first above written.
My Commission Expires:
Notary Public
EXHIBIT D-1 Assignment of Property Interests
The following is the description of the boundaries of the Earth City Levee District. All
references to Book and Page refer to the records of the St. Louis County Recorder of Deeds.
A tract of land situated in Townships 46 and 47 North, Range 5 East, St. Louis County,
Missouri, and being more particularly described as follows:
Beginning at a point on the north right-of-way of the Norfolk and Western Railroad at its
intersection with the western right-of-way of Taussig Road; thence southwardly along the
western line of Taussig Road to the southern right-of-way of St. Charles Rock Road, excepting
there -from a 0.5 acre track now or formerly owned by Union Electric Company and recorded in
the St. Louis County records in Book 562, Page 88; thence westwardly along the south line of St.
Charles Rock Road to the northeastern most corner of a tract now or formerly owned by Ford
Motor Credit Company and recorded in the St. Louis County Records in Book 6963, Page 202
and in Book 8367, page 477, thence along the eastern most line of said tract the following
distances and bearings, South 53 degrees 41 minutes 00 seconds West 1137.89 feet to a point;
thence South 66 degrees 48 minutes 41 seconds East 674.43 feet to a point; thence South 34
degrees 50 minutes 51 seconds West 826.49 feet to a point; thence South 32 degrees 55 minutes
17 seconds East 29.67 feet to a point; thence South 25 degrees 38 minutes 17 seconds East
340.35 feet to a point; thence South 11 degrees 12 minutes 17 seconds East 348.18 feet to a
point; thence South 05 degrees 27 minutes 17 seconds East 477.76 feet to a point; thence South
00 degrees 02 minutes 17 seconds East 997.39 feet to a point; thence North 55 degrees 10
minutes I7 seconds West 844.63 feet to a point; thence South 54 degrees 12 minutes 08 seconds
West 580.32 feet to a point; thence South 35 degrees 52 minutes 21 seconds East 1913.47 feet to
a point; thence South 53 degrees 43 minutes 52 seconds West 1138.43 feet to a point; thence
South 36 degrees 33 minutes 57 seconds East 328.23 feet to a concrete monument; said point
being the eastern most corner of Lot 9 of Von Puhl's Subdivision as recorded in Plat Book 9,
Page 45 of the St. Louis City (formerly County) records; thence along the southwest line of a
tract now or formerly West Lake Land Fil, Inc. as recorded in Book 6502, Page 612, and along
the southwest line of the Spanish Village Plat One Subdivision as recorded in Plat Book 122,
Pages 72 and 73, and along the southwest line of a tract of land now or formerly Leo F. Grob and
Beverly A. Grob as recorded in Book 6563, Page 220 of the St. Louis County records, a bearing
of South 36 degrees 28 minutes 19 seconds East 2464.57 feet to a point; said point being on the
north line of the Western Union Subdivision as recorded in Plat Book 147, Pages 32 through 37
of the St. Louis County records; thence along the north line of said Western Union Subdivision
South 72 degrees 41 minutes 53 seconds West 376.68 feet to a point on the north right-of-way of
Interstate Highway 70; thence along the north line of Interstate 70 to a point opposite the
intersection of the eastbound lanes of Interstate 70 with the eastbound on ramp from northbound
23
Earth City Expressway; thence southerly across Interstate 70 to the aforementioned ramp
intersection; thence southwesterly along the high point of the eastbound on ramp from
northbound Earth City Expressway to the intersection of said eastbound on ramp to the traveled
lanes of northbound Earth City Expressway; thence across Earth City Expressway to the
intersection of the eastbound Interstate 70 off ramp to the traveled lanes of southbound Earth
City Expressway; thence northwestwardly along the high point of the eastbound off ramp from
Interstate 70 to southbound Earth City Expressway to the intersection of said ramp with the
eastbound lanes of Interstate 70; thence northerly across Interstate 70 to the high point of the
westbound lanes of Interstate 70; thence along the said high point of the westbound lanes to the
east abutment of the Interstate 70 westbound bridge over the Missouri River; thence northwardly
to the north right-of-way line of Interstate 70; thence along the north line of Interstate 70 to the
southeastern corner of a tract now or formerly owned by Conservation Commission State of
Missouri and recorded in the St. Louis County records in Book 7722, Page 217; thence along the
eastern line of said Conservation Commission tract the following courses and distances, North 2
degrees 54 minutes 48 seconds West, 494.26 feet to a point; thence along a curve to the right
having a radius of 800.00 feet for an arc length of 366.67 feet to a point, said arc having a chord
bearing North 10 degrees 13 minutes 01 seconds East and a chord distance of 363.46 feet; thence
North 23 degrees 20 minutes 50 seconds East, 5601.35 feet to a point; thence along a curve to the
left having a radius of 11284.16 feet for arc length of 792.99 feet to a point on the south right-of-
way line of St. Charles Rock Road, said arc having a chord bearing North 21 degrees 20 minutes
02 seconds East and a chord distance of 792.83 feet; thence leaving the eastern line of the
Conservation Commission tract and continuing along a curve to the left having a radius of
11284.16 feet an arc length of 181.35 feet to a point on the north right-of-way line of St. Charles
Rock Road, said arc having a chord bearing of North 18 degrees 51 minutes 37 seconds East and
a chord distance of 181.35 feet; said point also being on the south line of a tract of land now or
formerly owned by Ford Motor Credit Company and recorded in the St. Louis County records in
Book 6963, Page 202; thence along the south line of said tract North 69 degrees 58 minutes 50
seconds West, 934 feet to the southwest comer of said tract; thence along the west line of said
tract North 19 degrees 51 minutes 16 seconds East, 314.80 feet -to the northwest corner of said
tract; thence along the north line of said tract South 70 degrees 08 minutes 44 seconds East 78.6
feet to a point on the west line of an easement for maintenance of levee as recorded in the St.
Louis County records in Book 6963, Page 212; thence along said west line the following courses
and distances, along a curve to the left having a radius of 11364.16 feet an arc length of 488.33
feet to a point; thence North 14 degrees 21 minutes 34 seconds East, 577.03 feet to a point;
thence along a curve to the right having a radius of 1572.39 feet for an arc length of 859.40 feet
to a point; thence North 46 degrees 38 minutes 52 seconds East, 355.36 feet to a point; thence
North 47 degrees 37 minutes 52 seconds East, 366.23 feet to a point; thence North 44 degrees 52
minutes 52 seconds East, 477.30 feet to a point; thence along a curve to the right having a radius
of 835.00 feet an arc length of 418.13 feet to a point; thence North 73 degrees 34 minutes 19
24
seconds East 440.10 feet to a point; thence North 76 degrees 19 minutes 08 seconds East, 746.85
feet to a point on the southern line of Norfolk & Western Railroad right-of-way 100 feet wide;
thence along said southern line South 53 degrees 30 minutes 40 seconds East, 997.81 feet to a
point; thence leaving said easement for maintenance of levee North 52 degrees 32 minutes 10
seconds East, 260.14 feet to a point on the north right-of-way line of Norfolk & Western
Railroad; thence along the northern line of Norfolk & Western Railroad to the point of
beginning.
25
EXHIBIT E
Form of Easement for
Stormvvater Improvements in Levee District
EASEMENT
TO WHOM IT MAY CONCERN:
KNOW ALL MEN BY THESE PRESENTS, that
, for and in
consideration of the sum of One Dollar ($1.00) and other valuable consideration in hand paid by The
Levee District (Levee District), the receipt of which is
hereby acknowledged, do(es) hereby give, grant, extend, and confer on The Levee District the exclusive
right to build and/or maintain stormwater improvements on the strip or strips of ground described as
shown hachured on the attached "Easement Plat" marked Exhibit "A" and made a part hereof, and to use
such additional space adjacent to the easement(s) so granted as may be required for working room
during the construction, reconstruction, maintenance, or repair of the aforementioned stormwater
improvements. The Levee District may from time to time enter upon said premises to construct,
reconstruct, replace, maintain, or repair the aforesaid stormwater improvements, and may assign its rights
herein to the State, County, City, or other political subdivisions of the State. The easement(s) hereby
granted is(are) irrevocable and shall continue forever.
IN WITNESS WHEREOF, the above named grantor(s) has(ve) signed these
presents this day of , 20
STATE OF MISSOURI )
SS.
COUNTY OF ST. LOUIS )
On this day of , 20 , before me personally appeared,
, to me known to be the person(s) described in and who executed the foregoing
instrument, and acknowledged that executed the same as free act
and deed.
E-1
SLC-8135735 4$317211
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my notarial seal,
the day and year first above written.
My Commission expires
Notary Public
E-2
SLC-K135735 483172/1
INTERGOVERNMENTAL COOPERATION AGREEMENT
BETWEEN
METROPOLITAN ST. LOUIS SEWER DISTRICT
AND
HOWARD BEND LEVEE DISTRICT
EFFECTIVE AS OF March 31, 2017
TABLE OF CONTENTS
ARTICLE I STORMWATER MANAGEMENT AGREEMENT AND BILLING 6
Section 1.1 Stormwater Services to be provided by the Levee District 6
Section 1.2 Levee District Contact Information 7
Section 1.3 Recognition of Levee District Jurisdiction for Stormwater Management 7
Section 1.4 MSD Services 7
Section 1.5 Assessment within Levee District 8
Section 1.6 Exclusion of Levee District Property from Subdistrict Boundaries 8
ARTICLE II ASSIGNMENT OF PROPERTY INTERESTS 8
Section 2.1 Assignment of Easements to Levee District 8
Section 2.2 Return of Easements to MSD in the Event of Termination 9
Section 2.3 Future Stormwater Easements within the Levee District 9
Section 2.4 Improvements Constructed in Easements 9
ARTICLE III ENVIRONMENTAL REGULATION 9
Section 3.1 Phase I1 Permit Requirements 9
ARTICLE IV PLAN REVIEW AND ENFORCEMENT POWERS 10
Section 4.1 Plan Review and Enforcement of Levee District Planning Guidelines 10
Section 4.2 Enforcement of Levee District Construction Inspection Guidelines ,10
ARTICLE V TERM AND TERMINATION 10
Section 5.1 Term, 10
Section 5.2 Termination 10
ARTICLE VI DEFAULT AND REMEDIES 11
Section 6.1 Default and Remedies 11
ARTICLE VII MISCELLANEOUS 11
Section 7.1 Recitals I I
Section 7.2 Assignment 11
Section 7.3 Choice of Law and Venue 1 I
Section 7.4 Entire Agreement; Amendment; Reliance by Third Parties 11
Section 7.5 Counterparts 11
Section 7.6 Severability I 1
Section 7.7 Headings 12
Section 7.8 Representatives Not Personally Liable 12
Section 7.9 Force Majeure 12
EXHIBIT A Boundaries of Levee District
EXHIBIT B Boundaries of MSD
EXHIBIT C Map of Public Storm Sewers in Levee District
EXHIBIT D Assignment of Property Interests
EXHIBIT E Form of Easement for Stormwater Improvements in Levee District
3
INTERGOVERNMENTAL COOPERATION AGREEMENT
THIS INTERGOVERNMENTAL COOPERATION AGREEMENT ("Agreement")
is made and entered into as of the 31st day of March, 2017, by and between the Metropolitan St.
Louis Sewer District ("kW") and the Howard Bend Levee District (the "Levee District").
RECITALS
A. The Levee District was formed on July 27, 1987, pursuant to Decree of the Circuit
Court of St. Louis County, Missouri, in a case styled In the Matter of: Howard Bend Levee
District, Cause Number 561294, having a boundary description as set forth in Exhibit A attached
hereto.
R. The Levee District maintains a system of levees and other structures to provide
protection from flooding by the Missouri River and certain tributaries ("Levee System").
C. Pursuant to Chapters 245 and 246 of the Revised Statutes of Missouri ("Enabling
Act"). the Levee District, through its Board of Supervisors, is authorized and empowered, inter
alia, to construct and maintain drainage ditches, pumping stations, syphons and any other works
and improvements deemed necessary to preserve and maintain the works in the Levee District.
D. MSD was formed on February 9, 1954 pursuant to Section 30 Article VI of the
Constitution of the State of Missouri and the Charter (Plan) of the Metropolitan St. Louis Sewer
District approved by the voters in St. Louis City and St. Louis County, Missouri on February 9,
1954 and amended on November 7, 2000 and on June 5, 2012 ("Charter"), having a boundary
description as set forth in Exhibit B attached hereto.
E. The boundaries of the Levee District overlap or are included within the
boundaries of MSD.
F. Pursuant to the Charter, MSD has the power, inter alia, to have jurisdiction,
control, possession and supervision to construct, operate and maintain a drainage system. MSD
also has the power to approve, revise, or reject the plans and designs of all private or public
stormwater facilities. No such facility shall be constructed or reconstructed without the approval
of MSD and any such work shall be subject to the inspection and supervision of MSD. MSD also
has the power to contract with other public agencies for the construction, use, or maintenance of
stormwater facilities or for the performance of any service required by MSD.
G. MSD and the Levee District are political subdivisions of the State of Missouri
and, with due authorization and approval of the Board of Trustees of MSD in Ordinance No.
14597 adopted on January 12, 2017, and the Board of Supervisors of the Levee District by
resolution approved at a meeting of the Board of Supervisors on September 13, 2016, enter into
this Agreement under authority conferred by Section 70.220. RSMo (2006) and MSD's Charter,
Section 3.020.7.
4
H. In addition to the Levee System, pursuant to statutory authority, the Levee District
has responsibility for maintaining a system of public stormwater infrastructure that includes
drainage ditches, pumping stations and other public stormwater infrastructure ("Stormwater
System").
1. The Levee System and the Stormwater System function together to provide a
system of flood protection and stormwater management that is subject to regulation by local,
state and federal agencies including the City of Chesterfield, Missouri, the City of Maryland
Heights, Missouri, St. Louis County, Missouri, MSD, the Missouri State Emergency
Management Agency, the Federal Emergency Management Agency and the United States Army
Corps of Engineers.
J. As required by the agencies regulating the Levee District, the Levee District has
adopted guidelines and polices relating to operation and maintenance of the Levee System and
the Stormwater System (together, the Levee System and the Stormwater System shall be referred
to herein and together shall mean the "HBLD System"). The Levee District is a governmental
entity that is responsible for operations and maintenance of the entire HBLD System, including
maintenance and operation of the pump stations serving the master conveyance ditches and the
levees within the District;
K. MSD historically has recognized the unique function of the Levee District in
providing stormwater management within the boundaries of the Levee District and MSD
historically has deferred to the Levee District or related entities in most aspects of stormwater
management, including but not limited to design criteria and plan review.
L. The cost to construct, operate and maintain a vast majority of the HBLD System
has been paid by property owners within the Levee District boundaries.
M. To fund its stormwater services. MSD currently collects an ad valorem property
tax at the rate of $0.0197 per $100 assessed valuation for the purpose of providing stormwater
regulatory services and an ad valorem property tax at the rate of $0.1000 per $100 assessed
valuation for the purpose of operation and maintenance of the stormwater system. MSD is not
currently imposing an impervious fee and is discontinuing its stormwater service charge of
$0.24/$0.18 per month as of July 1, 2016.
N. Due to the unique nature of the Levee District's authority and responsibilities for
flood control and stormwater management within the boundaries of the Levee District, the Levee
District and MSD recognize that the Levee District is in a position to provide some stormwater
services currently or planned to be provided by MSD within the Levee District boundaries.
0. Based upon the Levee District's ability to provide some stormwater services
within the Levee District boundaries, the parties seek to reach an agreement for the Levee
District to provide the Stormwater Services (as defined in Article 1, Section 1.1), and to reach an
agreement for MSD to provide the MSD Services (as defined in Article 1, Section 1.4).
P. Property within the Levee District will be subject to MSD's ad valorem property
tax of $0.0197 per $100 assessed valuation for MSD stormwater regulatory services. Based
upon the Levee District's ability to provide Stormwater Services (as defined in Article 1,
5
Sectionl.1) within the Levee District boundaries, MSD shall not collect the proposed Stormwater
ad valorem property tax of $0.I000 per $100 assessed valuation from property within the Levee
District boundaries for the Stormwater Services performed by the Levee District. However, MSD
may establish a subdistrict in response to a petition by property owners solely within the Levee
District as provided for in MSD's Charter (Plan).
Q. Subject to the termination provisions herein, the effective date of this Agreement
shall be March 31, 2017 ("Effective Date"),
Now, THEREFORE, in consideration of the premises and promises set forth herein, the
adequacy and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:
ARTICLE I
Stormwater Management Agreement and Billing
Section 1.1 Stormwater Services to be provided by the Levee District. Within the
Levee District boundaries, the Levee District will provide the following services, to be included,
referred to herein, and defined as "Stormwater Services:"
A. Maintenance, as determined by the Levee District, of Public Storm
Sewers, as defined herein, existing as of the Effective Date in accordance
with the map attached hereto as Exhibit C;
B. Maintenance, as determined by the Levee District, of Public Storm
Sewers, as defined herein, accepted by the Levee District in accordance
with MSD and Levee District standards, after the Effective Date, and
those constructed by the Levee District;
C. Plan review of all stormwater plans to ensure designs are substantially
consistent with Levee District and MSD requirements, except for facilities
required to meet stormwater quality requirements, which facilities will
remain subject to MSD review;
D. Permitting of all stormwater facilities;
E. Construction inspection of all Public Storm Sewers;
F. As -built survey review, processing, and records retention associated with
Public Storm Sewers;
G. Delivery of the as -built survey drawings to MSD for mapping as projects,
public or private, are accepted by the Levee District;
H. Participation in Missouri One -Call;
1. Maintenance and operation of "master" stormwater conveyance ditches;
J. Oversight of (i) maintenance and (ii) operation of private detention and
retention basins, or the enforcement thereof.
The term "Public Storm Sewer" shall mean any storm sewer, storm inlet, storm manhole, formed
concrete paved channel, or other similar man-made structure used in the conveyance of
stormwater across the property line of a parcel of land or collection of stormwater that crosses
the property line of an individual parcel of land, excluding those facilities listed in Section 1.2.
Stormwater systems that collect run-off from a single parcel of land and convey only that flow to
6
another stormwater system located within publicly maintained right-of-way or easement shall
be considered a private storm sewer. In connection with Public Storm Sewers, the Levee District
will provide a report to MSD at a minimum of annually within sixty (60) days of each calendar
year end, summarizing previous submittals or providing as -built survey drawings for new public
storm sewers constructed during the previous calendar year and summarizing major repair or
improvement projects of existing Public Storm Sewers planned by the Levee District during the
upcoming calendar year.
Section 1.2 Levee District Contact Information. The Levee District will provide
MSD with contact information of personnel or contractors for routine and emergency matters
relating to stormwater management within the Levee District. MSD shall refer any routine or
emergency inquiries it receives relating to stormwater issues in the Levee District in accordance
with the contact information provided and updated by the Levee District in writing from time to
time. The Levee District shall; upon the Effective Date of this Agreement. and periodically
thereafter, inform its residents of the appropriate Levee District contact for stormwater related
complaints.
Section 1.3 Recognition of Levee District Jurisdiction for Stormwater
Management. MSD agrees that the Levee District has the ability to provide some stormwater
management within the Levee District. MSD further agrees that the Levee District, in its sole
discretion, may exercise any or all of the powers, duties and functions of a levee district under
the Enabling Act or any Missouri or federal law, including but not limited to the following: (1)
conducting studies with respect to stormwater management; (ii) establishing plans and criteria
for stormwater management within the Levee District; (iii) planning and implementing a
stormwater master plan within the Levee District; (iv) constructing, using, maintaining and
operating stormwater infrastructure and related appurtenances; (v) acquiring lands and other real
and personal property rights; (vi) adopting regulations, policies and guidelines for construction;
(vii) cooperating with other political subdivisions to accomplish stormwater management within
the Levee District as deemed necessary by the Levee District; and, (viii) doing all things
necessary or incidental to the foregoing.
Section 1.4 MSD Services. MSD will provide the following services within the Levee
District, which shall be referred to herein and defined as "MD Services":
A. Upkeep and use of stormwater rules and regulations;
B. Stream flow monitoring;
C. Water quality monitoring;
D. GIS/Mapping; and,
E. All water quality regulatory activities required under the Phase II Permit,
as defined herein, and any future water quality functions required to be
performed by any federal, state or local agency having jurisdiction over
MSD. As of the Effective Date, the water quality regulatory activities
included in MSD Services are as follows:
(i)
Overall service area oversight, reporting and coordination with
Missouri Department of Natural Resources and the Environmental
Protection Agency;
7
(ii) Site stormwater run-off control;
(iii) Monitoring maintenance of post -construction stormwater best
management practices;
(iv) Public education and public participation on local sources of water
pollution;
(v) Illicit discharge inspection and elimination in open channels;
(vi) Development of Best Management Practices for operations and
maintenance activities;
(vii) inspection of stormwater discharges;
(viii) Enforcement; and,
(ix) Plan review of all stormwater plans for facilities required to meet
stormwater quality requirements.
MSD will update its GIS database to include all Public Storm Sewers existing in the Levee
District and any future Public Storm Sewers identified by the Levee District within its
boundaries, and MSD shall make the GIS database available in any format requested by the
Levee District for use by the Levee District and its agents for stormwater purposes within the
Levee District.
Section 1.5 Assessment within Levee District. While this Agreement is in effect,
MSD and the Levee District agree that based upon the Levee District's ability to provide
Stormwater Services (as defined in Article 1, Section 1.1) within the Levee District boundaries,
MSD shall not collect the Stormwater ad valorem property tax of $0.1000 per $100 assessed
valuation from property within the Levee District boundaries.
Property within the Levee District shall continue to be subject to the Stormwater ad
valorem property tax of $0.0197 per $100 assessed valuation for the purpose of providing MSD
regulatory services.
Section 1.6 Exclusion of Levee District Property from Subdistrict Boundaries.
MSD agrees that property within the Levee District boundaries shall be excluded from any
subdistrict unilaterally established or proposed by MSD for the purpose of instituting any tax,
assessment, charge or regulation in connection with any stormwater related function or service
by MSD now or in the future. If petitioned by residents of the Levee District to form a
subdistrict, MSD shall follow the Charter and other regulations governing MSD in response to
any such petition. The parties acknowledge and agree that under the Charter, any petition to form
a subdistrict including all or part of the Levee District is not eligible for consideration unless said
petition is brought by the requisite number of residents and acres of property within the Levee
District, solely considering the boundaries of the Levee District.
ARTICLE II
Assignment of Property Interests
Section 2.1 Assignment of Easements to Levee District. MSD hereby transfers and
assigns to the Levee District all recorded easements and rights of way granted to MSD for
stormwater facilities, any public stormwater improvements thereon, by deed, plat or other
writing, for use by the Levee District in accordance with the terms of this Agreement. MSD
8
shall, simultaneously herewith, execute the Assignment of Property Interests attached hereto as
Exhibit D, which shall be recorded by the Levee District.
Section 2.2 Return of Easements to MSD in the Event of Termination. In the event
of termination of this Agreement as provided in Article VI herein, the Levee District shall assign
and transfer back to MSD (1) the easements and rights of way transferred and conveyed by MSD
to the Levee District pursuant to the Assignment of Property Interests described herein, as well
as (ii) any other property rights held by the Levee District necessary for MSD to maintain public
storm facilities within the boundaries of the Levee District.
Section 2.3 Future Stormwater Easements within the Levee District. Any
stormwater easements required after the date hereof pursuant to plans and guidelines established
by the Levee District shall be dedicated to the Levee District and shall remain the property of the
Levee District. Such stormwater easements in favor of the Levee District shall be in the form
attached hereto as Exhibit E. Stormwater or drainage easements owned by the Levee District,
except for those necessary for MSD to maintain public storm facilities, as of the date hereof are
and shall remain the property of the Levee District. In the event that this Agreement terminates,
all stormwater and drainage easements in favor of the Levee District that are necessary for MSD
to maintain public storm facilities shall be transferred to MSD to allow it to maintain the public
storm facilities within the boundaries of the Levee District.
Section 2.4 Improvements Constructed in Easements. Any stormwater
improvements or modifications to existing stormwater improvements constructed by the Levee
District or caused to be constructed by the Levee District within stormwater easements granted to
the Levee District or within stormwater easements assigned to the Levee District by MSD
hereunder, shall be and remain the property of the Levee District except for those necessary for
MSD to maintain public storm facilities.
ARTICLE III
Environmental Regulation
Section 3.1 Phase II Permit Requirements. The Levee District agrees to construct,
operate and maintain their system within the Levee District, as specified in Section 1.1, in such a
manner as to not violate or cause non-compliance with the current Missouri State Operating
Permit Water Pollution Control Program, issued by the State of Missouri, Department of Natural
Resources to Metropolitan St. Louis Sewer District, Permit No. MO -R040005 ("Phase I1
Permit"), for the Stormwater Services the Levee District is providing that are considered
municipal operations. MSD agrees that the operation and maintenance or capital improvements
of MSD's existing sanitary sewer system shall be performed by MSD pursuant to MSD's State
of Missouri land disturbance permit.
9
ARTICLE IV
Plan Review and Enforcement Powers
Section 4.1 Plan Review and Enforcement of Levee District Planning Guidelines.
Each of the parties agrees to cooperate with the other in enforcement of stormwater management
policies and guidelines established for new development by requiring that all plans submitted for
review within the Levee District must be reviewed and approved prior to the issuance of a permit
for stormwater and/or sanitary sewer purposes.
Section 4.2 Enforcement of Levee District Construction Inspection Guidelines.
Each of the parties agrees to cooperate with the other in enforcement of stormwater management
policies and guidelines established for construction within the Levee District by suspending any
sewer permit issued upon notice from the other party that a construction site has failed to comply
with applicable standards for construction or with any condition contained in a permit issued for
construction.
ARTICLE V
Term and Termination
Section 5.1 Term. This Agreement shall continue until terminated as provided
herein. In the event MSD's Board of Trustees modifies the stormwater rates or imposes any new,
additional or replacement charge for stormwater or regulatory purposes. MSD and the Levee
District shall use best efforts to determine the assessment of property within the Levee District
and methodology to determine an assessment as outlined therein. If necessary, the parties shall
amend this Agreement or enter into an intergovernmental agreement similar in form and
substance to this Agreement to memorialize a modified assessment. In the event the parties
cannot mutually agree on an assessment in such event, the Levee District retains the right to
challenge any future assessment in the same manner as if this Agreement did not exist. If the
proposed modification of the rates or implementation of a new charge seeks to lower the same,
then the Levee District shall have the right, at its sole option, to continue this Agreement in
accordance with all the terms and provisions herein with respect to the lower rate.
Section 5.2 Termination. This Agreement and the obligations of the parties hereunder
shall be terminated if any of the following occur: (i) the Levee District shall cease to exist for a
period more than six (6) months and there shall be no proceeding to re-establish the existence of
the Levee District then pending; (ii) MSD shall cease to exist for a period of more than six (ti)
months and there shall be no proceeding to re-establish the existence of MSD then pending; (iii)
the Enabling Act is amended or repealed to terminate the Levee District's authority with respect
to stormwater management; (iv) a court of competent jurisdiction enters a final and non -
appealable order that this Agreement is terminated or that the rates imposed by the MSD Board
of Trustees upon the Levee District are legally void; (v) in accordance with Section 5.1 herein,
the parties mutually agree to terminate this Agreement and implement a new agreement in the
event MSD's Board of Trustees modifies the stormwater rates or imposes any additional or
replacement charge for stormwater or regulatory purposes; or (vi) in accordance with Section 5.1
herein, in the event MSD's Board of Trustees modifies the stormwater rates or imposes any new,
additional or replacement charge for stormwater or regulatory purposes and the parties cannot
mutually agree upon a new assessment.
10
ARTICLE VI
Default and Remedies
Section 6.1 Default and Remedies. Except as otherwise provided in this Agreement,
in the event of any default in or breach of any material term or condition of this Agreement by
either party or any permitted successor or assign, the defaulting or breaching party shall, upon
written notice from the other party, proceed immediately to cure or remedy such default or
breach, and shalt, in any event, within thirty (30) days after receipt of such notice, commence to
cure or remedy such default. In case such cure or remedy is not taken or not diligently pursued,
or the default or breach is not cured or remedied within a reasonable time, the aggrieved party
may institute such proceedings as may be necessary or desirable in its opinion to cure and
remedy such default or breach, including but not limited to proceedings to compel specific
performance by the defaulting or breaching party.
ARTICLE VII
Miscellaneous
Section 7.1 Recitals. The Recitals hereto are a material part of this Agreement and the
representations, warranties, covenants and conditions set forth therein shall be deemed binding
upon the parties hereto.
Section 7.2 Assignment. This Agreement shall not be assignable by any party without
the prior written consent of the other party hereto. Subject to the foregoing, this Agreement shall
inure to the benefit of and be binding upon the parties hereto and their respective representatives,
successors and assigns.
Section 7.3 Choice of Law and Venue. This Agreement shall be taken and deemed to
have been fully executed, made by the parties in, and governed by the laws of the State of
Missouri for all purposes and intents. The parties consent to jurisdiction and venue in any court
in the County of St. Louis, Missouri for actions in state court and to jurisdiction and venue in the
United States District Court, Eastern District of Missouri, Eastern Division for actions in Federal
Court.
Section 7.4 Entire Agreement; Amendment; Reliance by Third Parties. The
parties agree that this Agreement constitutes the entire agreement between the parties and that no
other agreements or representations other than those contained in this Agreement have been
made by the parties. This Agreement shall be amended only in writing, which shall be effective
when signed by the authorized agents of the parties. It is the intention of the parties that no third
party shall be entitled to rely on this Agreement for any purpose.
Section 7.5 Counterparts. This Agreement may be executed in multiple counterparts,
each of which shall constitute one and the same instrument.
Section 7.6 Severability. In the event any term or provision of this Agreement is held
to be unenforceable by a court of competent jurisdiction, the parties agree that (i) the remainder
shall continue in full force and effect, to the extent the remainder can be given effect without the
1I
invalidated provision; and (ii) the parties will endeavor to amend the Agreement to address the
subject matter of the term or provision determined to be unenforceable.
Section 7.7 Headings. Section headings are used herein for convenience of reference
only and shall not affect the meaning of any provision of this Agreement.
Section 7.8 Representatives Not Personally Liable. No elected or appointed official,
agent, employee or representative of MSD or the Levee District shall be personally liable to any
party or any third party in the event of any default or breach by any party under this Agreement,
or for any amount which may become due to any party or on any obligations under the terms of
this Agreement.
Section 7.9 Force Majeure. Neither MSD nor the Levee District nor any successor in
interest shall be considered in breach or default of their respective obligations under this
Agreement in the event of any delay or non-compliance to the extent caused by force majeure,
including, without limitation, damage or destruction by fire or casualty; strike; lockout; civil
disorder; war; restrictive government regulations; . issuance of any permits and/or legal
authorization by a governmental entity; other state or federal government requirements; shortage
or delay in shipment of material or fuel; acts of God; or other causes beyond the parties'
reasonable control.
12
IN WITNESS WHEREOF, the parties hereto have made and entered into this Agreement as
of the day and year above first written.
METROPOLITAN ST. LOUIS SEWER DISTRICT
By:
ACKNOWLEDGMENT
STATE OF MISSOURI
) SS.
CITY OF ST. LOUIS
Brian L. Hoelscher, Executive Director
On this .Fhday of Apr; j , 2017, before me, the undersigned, a Notary Public,
appeared Brian L. Hoelscher, to me personally known, who, being by me duly sworn, did say
that he is the Executive Director of the METROPOLITAN ST. LOUIS SEWER DISTRICT, a
body politic and corporate duly authorized, incorporated and existing under and by virtue of the
Constitution and laws of the State of Missouri, and that the seal affixed to the foregoing
instrument is the corporate seal of said District, and that said instrument was signed and sealed in
behalf of said District by authority of its Board of Trustees, and said official acknowledged said
instrument to be executed for the purposes therein stated and as the free act and deed of said
District.
IN WITNESS WHEREOF, I have hereunto t my hand and affixed my notarial seal, the
day and year last above written.
LAURA A. DUFFIN
Notary Public - Notary Seal
State of Missouri
Commissioned for St. Louis County
My Commission Expires: May 27, 2019
Commission Number 15951200
(SEAL)
My commission expires: 5 - 2'1 _ 70 li
ted dame:
Notary Public in and for said State Mo
Commissioned in 6*Lou_; 5 County
13
HOWARD BEND LEVEE DISTRICT
By: (VarIA641 4#14,444 -
Warren Stemme, President of the Board of
Supervisors
ACKNOWLEDGMENT
STATE OF MISSOURI
COUNTY OF ST. LOUIS
SS.
J
On this l-rday of �, 2017, before me, the undersigned, a Notary Public,
appeared Warren Stemme to me perso y known, who, being by me duly sworn, did say that he
is the President of the Board of Supervisors of HOWARD BEND LEVEE DISTRICT, a body
politic and corporate duly authorized, incorporated and existing under and by virtue of the laws
of the State of Missouri, and that the seal affixed to the foregoing instrument is the corporate seal
of said Levee District, and that said instrument was signed and sealed in behalf of said Levee
District by authority of its Board of Supervisors, and said official acknowledged said instrument
to be executed for the purposes therein stated and as the free act and deed of said Levee District.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal, the
day and year last above written.
(SEAL)
My commission expires: 1Y100 ^6 S t 01 D141
GA& A. SINNEIT
Nary Public - Notary Seal
STATE OF MISSOURI
81. Louts County
My Commission EKplres: May 5.2018
Commission 01648670
Printed Name: -y;t, 1 A.
,
Notary Public in and for said State
Commissioned in S-i . UN, . S County
14
EXHIBIT A
Boundaries of Levee District
A tract of land situated in Townships 45 and 46 North, Range 4 East. Townships
45 and 46 North, Range 5 East and Township 44 North, Range 6 East, all of the
Fifth Principal Meridian. St. Louis County, Missouri, being more particularly
described as follows:
Beginning at a point being the intersection of the south bank of the Missouri River
and the line dividing Surveys 123 and 154, said point being a corner of the
Monarch -Chesterfield Levee District; thence southeastwardly along the boundary
line of said Monarch -Chesterfield Levee District to its intersection with the west
property line of that property heretofore conveyed to Raymond Burkhardt, Jr. by
instrument recorded in Book 7448. Page 2080; thence, leaving the boundary of
Monarch -Chesterfield Levee District, south along the west line of said property to
its intersection with the north right-of-way line of the Cotton Belt -St. Louis
Southwestern Railroad; thence southeastwardly making a right angle to the north
right-of-way of the Cotton Belt -St. Louis Southwestern Railroad one hundred
(100) feet, more or less, to the south right-of-way line of the Cotton Belt -St. Louis
Southwestern Railroad; thence northeastwardly along said railroad right-of-way to
its intersection with the west line of property heretofore conveyed to St. Louis
County by instrument recorded in Book 6320. Page 1227; thence southwardly
along said property line and eastwardly along the south line of said property to its
intersection with the west line of property heretofore conveyed to Leicester B.
Faust by instruments recorded in Book 479, Page 517, Book 2206, Page 58 and
Book 2152, Page 270; thence northeastwardly along the southernmost property
line of said property to its intersection with White Road; thence northeastwardly
at approximately a right angle to White Road to the southernmost line of property
conveyed to Allen 0. Sellenriek by instrument recorded in Book 8038, Page
1467; thence northeastwardly along the southeasternmost line of said property to
the western line of property heretofore conveyed to the City of St. Louis by
instrument recorded in Book 974, Page 16; thence along the southernmost line of
said property to the western line of property heretofore conveyed to Herbert C.
and Lillian C. A. Zierenberg by instrument recorded in Book 2656, Page 363;
thence northeastwardly along the southernmost line of said property to its
intersection with the western line of property heretofore conveyed to Tom Jr. and
Helen Downey by instrument recorded in Book 3711, Page 186; thence
northeastwardly along the southernmost line of said property to its intersection
with the western line of property heretofore conveyed to Harvey A. and Sandra S.
Keymer by instrument recorded in Book 7866, Page 81; thence northeastwardly
along the southernmost line of said property to its intersection with the south
right-of-way line of the Cotton Belt -St. Louis Southwestern Railroad; thence
northeastwardly along the said railroad right-of-way to its intersection with the
southernmost line of property heretofore conveyed to St. Louis Water Division;
thence along the southernmost line of said property to its intersection with the
south right-of-way of Creve Coeur Mill Road; thence northerly at a right angle to
the centerline of Creve Coeur Mill Road to the south line of property heretofore
conveyed to Union Pacific Systems or its predecessor corporation; thence
eastwardly along said south property line to its easternmost point; thence
northwestwardly along the property line of said property conveyed to Union
Pacific. Systems or its predecessor corporation to its intersection with the line of
property heretofore conveyed to Harriet 1. and Shelton Byington, her husband, by
instrument recorded in Book 7771, Page 1875; thence northwestwardly and
northeastwardly along the property line to said property to its intersection with the
south line of property heretofore conveyed to Robert W. Koch by instrument
recorded in Book 3708, Page 54; thence northeastwardly along the east line of
said property to its intersection with the south line of property heretofore
conveyed to St. Louis County by instrument recorded in Book 6562, Page 1879;
thence northeastwardly along the east line of said property to its intersection with
the south right-of-way line of Marine Avenue; thence northeastwardly to the
southwest corner of property heretofore conveyed to Arthur L. Sitton and Roger
F. Mauze, Trustees by the instrument recorded in Book 6478; Page 356; thence
along the easternmost line of said property to its intersection with the south line of
property heretofore conveyed to Arthur L. Sitton and Roger F. Mauze, Trustees
by instrument recorded in Book 6478, Page 356; thence eastwardly along the
south property line of said property to its intersection with the west line of
property heretofore conveyed to West Lake Quarry & Material Company, a
corporation, by instrument recorded in Book 6527, Page 1136; thence along the
easternmost line of said property to its intersection with the south line of property
heretofore conveyed to Andrew N. Baur. Edward T. Baur and Barbara B. Dunlap,
by instrument recorded in Book 8040, Page 708; thence northeastwardly along the
south line of said property to its intersection with the west line of property
heretofore conveyed to Industrial Development Authority of St. Louis County by
instrument recorded in Book 7302, Page 2093; thence northeastwardly along the
south line of said property to its intersection with the west line of property
heretofore conveyed to Industrial Development Authority of St. Louis County by
instrument recorded in Book 7269, Page 1142; thence northeastwardly and
northerly along the southeasternmost line of said property to its intersection with
the south right-of-way line of the Cotton Belt -St. Louis Southwestern Railroad
thence eastwardly to the southernmost extremity of property heretofore conveyed
to Fred Weber, Inc. by instrument recorded in Book 5679, Page 135; thence
northwestwardly along the easternmost line of said property to the north right-of-
way of Creve Coeur Mill Road; thence southwestwardly along the north right-of-
way of Creve Coeur Mill Road to its intersection with the easternmost line of
property heretofore conveyed to Clariba] P. and Oliver F.E. Gosejohan by
instrument recorded in Book 5957, Page 604; thence northwestwardly and
southwestwardly along said property to its intersection with the east right-of-way
of Pritchard Farm Road; thence southwestwardly to the southeasternmost corner
of property heretofore conveyed to Fred Weber, Inc. by instrument recorded in
Book 6613, Page 1912; thence northwestwardly along the easternmost line of said
property to the northernmost corner of said property, which point is also the
southeasternmost corner of Lot 5 of Riverside Center, a subdivision recorded in
I6
Plat Book 339, Pages 94 through 97; thence northwestwardly along the eastern
boundary of said Lot 5 to the northeasternmost corner of said Lot 5; thence in a
westwardly and northwestwardly direction along the northerly boundary of said
Lot 5 to its intersection with the dividing line between U.S. Surveys 1891 and
2040, such intersection point being the northernmost corner of said Lot 5 and also
being on the boundary line between said Lot 5 and Lot 4 of said Riverside Center
subdivision; thence northwestwardly along said line dividing U.S. Surveys 1891
and 2040, said line also being the eastern boundary of Lot 4 and continuing along
the eastern boundary of Lot 2 of Riverside Center subdivision a total distance of
approximately 2,748.48 feet (measured from the northernmost corner of Lot 5) to
a corner along the eastern boundary of said Lot 2; thence southwestwardly 25
feet more or less at a right angle to said line dividing U.S. Surveys 189I and 2040
to a point along the eastern boundary of said Lot 2; thence continuing along the
eastern boundary of said Lot 2 to the southeasternmost corner of Lot I of said
Riverside Center subdivision as said Lot 1 has been adjusted pursuant to a
boundary adjustment plat recorded in Plat Book 340, Page 83; thence
northwestwardly along the eastern boundary of Lot 1 a distance of approximately
1,265.86 feet to a point on the northeast line of said Lot 1; thence westwardly
along said northeast line of Lot 1 a distance of approximately 962.93 feet to a
point on the east line of Lot 1, thence northeastwardly along said east line a
distance of approximately 1,087.38 feet to the northeasternmost corner of Lot 1 of
Riverside Center subdivision; thence westwardly along the northernmost
boundary line of said Lot 1 of Riverside Center subdivision, to the apparent high
bank of the Missouri River; thence along the bank of the Missouri River
southwestwardly, southwardly, southeestwardly, southwardly, southwestwardly
and westwardly to the point of beginning.
A-2
17
EXHIBIT B
Boundaries of MSD
(Attached)
8-1
EXHIBIT C
Map of Public Storm Sewers in Levee District
(Attached)
C -1
EXHIBIT D
Assignment of Property Interests
Space Above for Recorder's Use Only
DOCUMENT COVER SHEET
TITLE OF DOCUMENT:
DATE OF DOCUMENT:
GRANTOR(S):
Mailing Address:
GRANTEE(S):
Mailing Address:
NON-EXCLUSIVE ASSIGNMENT OF RIGHTS UNDER
STORMWATER AND DRAINAGE EASEMENTS
FROM THE METROPOLITAN ST. LOUIS SEWER
DISTRICT TO THE HOWARD BEND LEVEE
DISTRICT
. 2017
METROPOLITAN ST. LOUIS SEWER DISTRICT
2350 Market Street
St. Louis, MO 63103
HOWARD BEND LEVEE DISTRICT
c/o Husch Blackwell LLP
190 Carondelet Plaza, Suite 600
Clayton, MO 63105
Attn: David R. Human
LEGAL DESCRIPTION: See Exhibit A
REFERENCED BOOK & PAGE: N/A
Upon recording, please return original to:
Husch Blackwell LLP
190 Carondelet Plaza, Suite 600
Clayon, MO 63105
Attn: David R. Human, Esq.
NON-EXCLUSIVE ASSIGNMENT OF RIGHTS UNDER STORMWATER AND
DRAINAGE EASEMENTS FROM THE METROPOLITAN ST. LOUIS SEWER
DISTRICT
TO THE HOWARD BEND LEVEE DISTRICT
THIS NON-EXCLUSIVE ASSIGNMENT OF RIGHTS UNDER STORMWATER AND
DRAINAGE EASEMENTS (this "Assignment") is made and entered into as of the day
of , 2017 (the "Effective Date") by and between the Metropolitan St. Louis
Sewer District ("MSD") and the Howard Bend Levee District ("HBLD"), established pursuant to
Chapters 245 and 246, Revised Statutes of Missouri ("RSMo"). as amended.
WITNESSETH:
WHEREAS, HBLD is a levee district organized and existing under Chapters 245 and
246, RSMo (2016), as amended, and the Decree of the Circuit Court of St. Louis County.
Missouri, in a case styled In the Matter of: Howard Bend Levee District, Cause Number 561294
(the "Decree"), and on the date hereof has jurisdiction to provide flood protection and control
(which jurisdiction includes the internal stormwater drainage systems) for the area within the
boundaries set forth in the Decree, which includes the real property more particularly described
in Exhibit D-1;
WHEREAS, MSD executes this Assignment as provided in that certain
Intergovernmental Cooperation Agreement between MSD and HBLD, which was duly
authorized and approved this Assignment in Ordinance No. adopted on
, 2017 under authority conferred by Section 70.220, RSMo (2016) and
MSD's Charter, Section 3.020.7 ("Intergovernmental Cooperation Agreement");
WHEREAS, in order to facilitate MSD's provision of stormwater management, MSD
has been granted by recorded deed and subdivision plats, numerous drainage and stormwater and
drainage easements on property in HBLD ("Stormwater and Drainage Easements"); and
WHEREAS, MSD desires to assign to HBLD non-exclusive rights to use the Stormwater
and Drainage Easements to allow HBLD to exercise the rights granted under such Stormwater
and Drainage Easements, for the purpose of HBLD providing flood protection and control and
storm water and runoff management in HBLD.
FOR GOOD AND VALUABLE CONSIDERATION, receipt of which is hereby
acknowledged, including the sum of Ten Dollars ($10.00), and the aforesaid recitals incorporated
in and made part of this Assignment, and the agreements and understandings contained herein,
MSD hereby assigns and conveys Stormwater and Drainage Easements to HBLD as follows:
I , Assignment and Conveyance of Rights,
A, As of the Effective Date, MSD hereby assigns and conveys to HBLD
a non-exclusive right to use all present and any future Stormwater and Drainage Easements
benefiting MSD, and improvements therein, owned or controlled by MSD located within the
boundaries set forth on Exhibit D-1 and incorporated herein. and to exercise the rights granted
or implied under such Stormwater and Drainage Easements, and all rights appurtenant thereto,
including but not limited to the right to maintain, operate and improve the Stormwater and
Drainage Easements and improvements therein, now or hereafter existing under any other
easement, deed, dedication, of any kind now or hereafter existing, subject to the terms of the
Intergovernmental Cooperation Agreement.
B. MSD agrees to cooperate with HBLD in HBLD's exercise of the rights
assigned herein to HBLD, including but not limited to joining as a party in any action to enforce
the rights of MSD and the HBLD in the Stormwater Drainage Easements. MSD agrees to
execute such additional instruments, in recordable form, as may be reasonably necessary to allow
HBLD to utilize and enforce any one or all of the Stormwater Drainage Easements.
C, Nothing in this Assignment shall be construed to assign, transfer or
convey to the HBLD any duties, responsibilities, rights or authority granted to or held by MSD
that are unrelated to the provision of stormwater management within HBLD.
2. Authority. MSD represents and warrants to HBLD that it is duly authorized and
empowered to and has full authority to enter into this Assignment.
3. Effective Date/Binding Effect. This Assignment shall be effective on the
Effective Date, shall be binding upon and shall run with the land and shall inure to the benefit of
and shall be binding upon MSD and HBLD and their respective successors and permitted
assigns.
4. Miscellaneous,
(a) This Assignment constitutes the entire understanding of the parties with
respect to the matters herein set forth.
(b) This Assignment shall be construed in accordance with and governed by
the internal laws of the State of Missouri.
(c) No waiver or modification of this Assignment shall be valid unless in
writing and duly authorized and signed by the parties hereto.
(d) One (1) executed copy of this Assignment shall be recorded in the St.
Louis County, Missouri, Records.
(e) HBLD may assign its rights hereunder only to any successor levee
district or to MSD, or, subject to the prior approval of MSD. HBLD may assign its rights
hereunder to the State of Missouri, County of St. Louis, or to any other state or federal political
subdivision or district.
IN WITNESS WHEREOF. MSD has executed this Assignment the date and year
first set forth above.
THE METROPOLITAN ST. LOUIS SEWER
DISTRICT:
By:
Brian L. Hoelscher, Executive Director
STATE OF MISSOURI
SS.
CITY OF ST, LOUIS
On this _ day of , 20I7, before me, the undersigned, a Notary Public,
appeared Brian L. Hoelscher, to me personally known, who, being by me duly sworn, did say
that he is the Executive Director of the METROPOLITAN ST. LOUIS SEWER DISTRICT, a
body politic and corporate duly authorized, incorporated and existing under and by virtue of the
Constitution and laws of the State of Missouri, and that the seal affixed to the foregoing
instrument is the corporate seal of said District, and that said instrument was signed and sealed in
behalf of said District by authority of its Board of Trustees, and said official acknowledged said
instrument to be executed for the purposes therein stated and as the free act and deed of said
District.
IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed my official seal in
the City and State aforesaid, the day and year first above written.
Notary Public
My Commission Expires:
EXHIBIT D-1 — Assignment of Property Interests
Legal Description of HBLD
A tract of land situated in Townships 45 and 46 North, Range 4 East, Townships 45 and
46 North, Range 5 East and Township 44 North. Range 6 East, all of the Fifth Principal
Meridian, St. Louis County, Missouri, being more particularly described as follows:
Beginning at a point being the intersection of the south bank of the Missouri River and
the line dividing Surveys 123 and 154, said point being a corner of the Monarch -
Chesterfield Levee District; thence southeastwardly along the boundary line of said
Monarch -Chesterfield Levee District to its intersection with the west property line of that
property heretofore conveyed to Raymond Burkhardt, Jr. by instrument recorded in Book
7448, Page 2080; thence, leaving the boundary of Monarch -Chesterfield Levee District,
south along the west line of said property to its intersection with the north right-of-way
line of the Cotton Belt -St. Louis Southwestern Railroad; thence southeastwardly making
a right angle to the north right-of-way of the Cotton Belt -St. Louis Southwestern Railroad
one hundred (100) feet, more or less, to the south right-of-way line of the Cotton Belt -St.
Louis Southwestern Railroad; thence northeastwardly along said railroad right-of-way to
its intersection with the west line of property heretofore conveyed to St. Louis County by
instrument recorded in Book 6320, Page 1227; thence southwardly along said property
line and eastwardly along the south line of said property to its intersection with the west
line of property heretofore conveyed to Leicester 13. Faust by instruments recorded in
Book 479, Page 517, Book 2206, Page 58 and Book 2152, Page 270; thence
northeastwardly along the southernmost property line of said property to its intersection
with White Road; thence northeastwardly at approximately a right angle to White Road
to the southernmost line of property conveyed to Allen 0. Sellenriek by instrument
recorded in Book 8038, Page 1467; thence northeastwardly along the southeasternmost
line of said property to the western line of property heretofore conveyed to the City of St.
Louis by instrument recorded in Book 974, Page 16; thence along the southernmost line
of said property to the western line of property heretofore conveyed to Herbert C. and
Lillian C. A. Zierenberg by instrument recorded in Book 2656, Page 363; thence
northeastwardly along the southernmost line of said property to its intersection with the
western line of property heretofore conveyed to Tom Jr. and Helen Downey by
instrument recorded in Book 3711, Page 186; thence northeastwardly along the
southernmost line of said property to its intersection with the western line of property
heretofore conveyed to Harvey A. and Sandra S. Keymer by instrument recorded in Book
7866, Page 81; thence northeastwardly along the southernmost line of said property to its
intersection with the south right-of-way line of the Cotton Belt -St. Louis Southwestern
Railroad; thence northeastwardly along the said railroad right-of-way to its intersection
with the southernmost line of property heretofore conveyed to St. Louis Water Division;
thence along the southernmost line of said property to its intersection with the south
right-of-way of Creve Coeur Mill Road; thence northerly at a right angle to the centerline
of Creve Coeur Mill Road to the south line of property heretofore conveyed to Union
Pacific Systems or its predecessor corporation; thence eastwardly along said south
property line to its easternmost point; thence northwestward!), along the property line of
24
said property conveyed to Union Pacific Systems or its predecessor corporation to its
intersection with the line of property heretofore conveyed to Harriet I. and Shelton
Byington, her husband, by instrument recorded in Book 7771, Page 1875; thence
northwestwardly and northeastwardly along the property line to said property to its
intersection with the south line of property heretofore conveyed to Robert W. Koch by
instrument recorded in Book 3708, Page 54; thence northeastwardly along the east line of
said property to its intersection with the south line of property heretofore conveyed to St.
Louis County by instrument recorded in Book 6562, Page 1879; thence northeastwardly
along the east line of said property to its intersection with the south right-of-way line of
Marine Avenue; thence northeastwardly to the southwest corner of property heretofore
conveyed to Arthur L. Sitton and Roger F. Mauze, Trustees by the instrument recorded in
Book 6478; Page 356; thence along the easternmost line of said property to its
intersection with the south line of property heretofore conveyed to Arthur L. Sitton and
Roger F. Mauze, Trustees by instrument recorded in Book 6478, Page 356; thence
eastwardly along the south property line of said property to its intersection with the west
line of property heretofore conveyed to West Lake Quarry & Material Company, a
corporation, by instrument recorded in Book 6527, Page 1136; thence along the
easternmost line of said property to its intersection with the south line of property
heretofore conveyed to Andrew N. Baur, Edward T. Baur and Barbara B. Dunlap, by
instrument recorded in Book 8040, Page 708; thence northeastwardly along the south line
of said property to its intersection with the west line of property heretofore conveyed to
Industrial Development Authority of St. Louis County by instrument recorded in Book
7302, Page 2093; thence northeastwardly along the south line of said property to its
intersection with the west line of property heretofore conveyed to Industrial Development
Authority of St. Louis County by instrument recorded in Book 7269, Page 1142; thence
northeastwardly and northerly along the southeasternmost line of said property to its
intersection with the south right-of-way line of the Cotton Belt -St. Louis Southwestern
Railroad thence eastwardly to the southernmost extremity of property heretofore
conveyed to Fred Weber, Inc. by instrument recorded in Book 5679, Page 135; thence
northwestwardly along the easternmost line of said property to the north right-of-way of
Creve Coeur Mill Road; thence southwestwardly along the north right-of-way of Creve
Coeur Mill Road to its intersection with the easternmost line of property heretofore
conveyed to Claribal P. and Oliver F.E. Gosejohan by instrument recorded in Book 5957,
Page 604; thence northwestwardly and southwestwardly along said property to its
intersection with the east right-of-way of Pritchard Farm Road; thence southwestwardly
to the southeasternmost corner of property heretofore conveyed to Fred Weber, Inc. by
instrument recorded in Book 6613, Page 1912; thence northwestwardly along the
easternmost line of said property to the northernmost corner of said property, which point
is also the southeasternmost corner of Lot 5 of Riverside Center, a subdivision recorded
in Plat Book 339, Pages 94 through 97; thence northwestwardly along the eastern
boundary of said Lot 5 to the northeasternmost corner of said Lot 5; thence in a
westwardly and northwestwardly direction along the northerly boundary of said Lot 5 to
its intersection with the dividing line between U.S. Surveys 1891 and 2040, such
intersection point being the northernmost corner of said Lot 5 and also being on the
boundary line between said Lot 5 and Lot 4 of said Riverside Center subdivision; thence
northwestwardly along said line dividing U.S. Surveys 1891 and 2040, said line also
25
being the eastern boundary of Lot 4 and continuing along the eastern boundary of Lot 2
of Riverside Center subdivision a total distance of approximately 2,748.48 feet (measured
from the northernmost corner of Lot 5) to a corner along the eastern boundary of said Lot
2; thence southwestwardly 25 feet more or less at a right angle to said line dividing U.S.
Surveys 1891 and 2040 to a point along the eastern boundary of said Lot 2; thence
continuing along the eastern boundary of said Lot 2 to the southeasternmost corner of Lot
1 of said Riverside Center subdivision as said Lot 1 has been adjusted pursuant to a
boundary adjustment plat recorded in Plat Book 340, Page 83; thence northwestwardly
along the eastern boundary of Lot 1 a distance of approximately 1,265.86 feet to a point
on the northeast line of said Lot 1; thence westwardly along said northeast line of Lot 1 4�
distance of approximately 962.93 feet to a point on the east line of Lot 1, thence
northeastwardly along said east line a distance of approximately 1,087.38 feet to the
northeasternmost corner of Lot 1 of Riverside Center subdivision; thence westwardly
along the northernmost boundary line of said Lot 1 of Riverside Center subdivision, to
the apparent high bank of the Missouri River; thence along the bank of the Missouri
River southwestwardly, southwardly, southeastwardly, southwardly, southwestwardly
and westwardly to the point of beginning.
26
EXHIBIT E
Form of Easement for
Stormwater Improvements in Levee District
EASEMENT
TO WHOM IT MAY CONCERN:
KNOW ALL MEN BY THESE PRESENTS, that
. for and in
consideration of the sum of One Dollar ($1.00) and other valuable consideration in hand paid by The
Levee District (Levee District), the receipt of which is
hereby acknowledged, do(es) hereby give, grant, extend, and confer on The Levee District the exclusive
right to build and/or maintain stormwater improvements on the strip or strips of ground described as
shown hachured on the attached "Easement Plat" marked Exhibit "A" and made a part hereof, and to use
such additional space adjacent to the easement(s) so granted as may be required for working room
during the construction, reconstruction, maintenance, or repair of the aforementioned stormwater
improvements. The Levee District may from time to time enter upon said premises to construct,
reconstruct, replace, maintain, or repair the aforesaid stormwater improvements, and may assign its rights
herein to the State, County, City, or other political subdivisions of the State. The easement(s) hereby
granted is(are) irrevocable and shall continue forever.
IN WITNESS WHEREOF, the above named grantor(s) has(ve) signed these
presents this day of , 20
STATE OF MISSOURI )
SS.
COUNTY OF ST. LOUIS )
On this day of , 20 , before me personally appeared,
, to me known to be the person(s) described in and who executed the foregoing
instrument, and acknowledged that executed the same as free act
and deed.
E-1
SLC-8138764 483172/1
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my notarial seal,
the day and year first above written.
My Commission expires
Notary Public
E-2
SL.C-8138764 483172/1
INTERGOVERNMENTAL COOPERATION AGREEMENT
BETWEEN
METROPOLITAN ST. LOUIS SEWER DISTRICT
AND
RIVERPORT LEVEE DISTRICT
EFFECTIVE AS OF March 31, 2017
TABLE OF CONTENTS
ARTICLE I STORMWATER MANAGEMENT AGREEMENT AND BILLING 6
Section 1.1 Stormwater Services to be provided by the Levee District 6
Section 1.2 Levee District Contact Information 7
Section 1.3 Recognition of Levee District Jurisdiction for Stormwater Management 7
Section 1.4 MSD Services 7
Section 1.5 Assessment within Levee District 8
Section 1.6 Exclusion of Levee District Property from Subdistrict Boundaries 8
ARTICLE II ASSIGNMENT OF PROPERTY INTERESTS 8
Section 2.1 Assignment of Easements to Levee District 8
Section 2.2 Return of Easements to MSD in the Event of Termination, 9
Section 2.3 Future Stormwater Easements within the Levee District 9
Section 2.4 Improvements Constructed in Easements 9
ARTICLE III ENVIRONMENTAL REGULATION 9
Section 3.1 Phase 11 Permit Requirements 9
ARTICLE IV PLAN REVIEW AND ENFORCEMENT POWERS 10
Section 4.1 Plan Review and Enforcement of Levee District Planning Guidelines 10
Section 4.2 Enforcement of Levee District Construction Inspection Guidelines 10
ARTICLE V TERM AND TERMINATION 10
Section 5.1 Term. 10
Section 5.2 Termination 10
ARTICLE VI DEFAULT AND REMEDIES 11
Section 6.1 Default and Remedies 11
ARTICLE VII MISCELLANEOUS 11
Section 7.1 Recitals 11
Section 7.2 Assignment 11
Section 7.3 Choice of Law and Venue 11
Section 7.4 Entire Agreement; Amendment; Reliance by Third Parties 11
Section 7.5 Counterparts 11
Section 7.6 Severability 11
Section 7.7 Headings 12
Section 7.8 Representatives Not Personally Liable 12
Section 7.9 Force Majeure 12
EXHIBIT A Boundaries of Levee District
EXHIBIT B Boundaries of MSD
EXHIBIT C Map of Public Storm Sewers in Levee District
EXHIBIT D Assignment of Property Interests
EXHIBIT E Form of Easement for Stormwater Improvements in Levee District
3
INTERGOVERNMENTAL COOPERATION AGREEMENT
THIS INTERGOVERNMENTAL COOPERATION AGREEMENT ("Agreement")
is made and entered into as of the 31St day of March, 2017, by and between the Metropolitan St.
Louis Sewer District ("MSD") and the Riverport Levee District (the "Levee District").
RECITALS
A. The Levee District was formed on March 4, 2002, pursuant to an Order of the
Circuit Court of St. Louis County, Missouri in a case styled In Re Riverport Levee District,
Cause Number 02CC-000494, having a boundary description as set forth in Exhibit A attached
hereto.
B. The Levee District maintains a system of levees and other structures to provide
protection from flooding by the Missouri River and certain tributaries ("Levee System").
C. Pursuant to Chapters 245 and 246 of the Revised Statutes of Missouri ("Enabling
Act"), the Levee District, through its Board of Supervisors, is authorized and empowered, inter
alia, to construct and maintain drainage ditches, pumping stations, syphons and any other works
and improvements deemed necessary to preserve and maintain the works in the Levee District.
D. MSD was formed on February 9, 1954 pursuant to Section 30 Article VI of the
Constitution of the State of Missouri and the Charter (Plan) of the Metropolitan St. Louis Sewer
District approved by the voters in St. Louis City and St. Louis County, Missouri on February 9,
1954 and amended on November 7, 2000 and on June 5, 2012 ("Charter"), having a boundary
description as set forth in Exhibit B attached hereto.
E. The boundaries of the Levee District overlap or are included within the
boundaries of MSD.
F. Pursuant to the Charter, MSD has the power, inter alia, to have jurisdiction,
control, possession and supervision to construct, operate and maintain a drainage system. MSD
also has the power to approve, revise, or reject the plans and designs of all private or public
stormwater facilities. No such facility shall be constructed or reconstructed without the approval
of MSD and any such work shall be subject to the inspection and supervision of MSD. MSD also
has the power to contract with other public agencies for the construction, use, or maintenance of
stormwater facilities or for the performance of any service required by MSD.
G. MSD and the Levee District are political subdivisions of the State of Missouri
and, with due authorization and approval of the Board of Trustees of MSD in Ordinance No.
14597 adopted on January 12, 2017, and the Board of Supervisors of the Levee District by
resolution approved at a meeting of the Board of Supervisors on August 23, 2016, enter into this
Agreement under authority conferred by Section 70.220, RSMo (2006) and MSD`s Charter,
Section 3.020.7.
4
H. In addition to the Levee System, pursuant to statutory authority, the Levee District
has responsibility for maintaining a system of public stormwater infrastructure that includes
drainage ditches, pumping stations and other public stormwater infrastructure ("Stormwater
System").
1. The Levee System and the Stormwater System function together to provide a
system of flood protection and stormwater management that is subject to regulation by local,
state and federal agencies including the City of Maryland Heights, Missouri, St. Louis County,
Missouri, MSD, the Missouri State Emergency Management Agency; the Federal Emergency
Management Agency and the United States Army Corps of Engineers.
J. As required by the agencies regulating the Levee District, the Levee District has
adopted guidelines and polices relating to operation and maintenance of the Levee System and
the Stormwater System (together, the Levee System and the Stormwater System shall be referred
to herein and together shall mean the "RLD System"). The Levee District is a governmental
entity that is responsible for operations and maintenance of the entire RLD System, including
maintenance and operation of the pump stations serving the master conveyance ditches and the
levees within the District;
K. MSD historically has recognized•the unique function of the Levee District in
providing stormwater management within the boundaries of the Levee District and MSD
historically has deferred to the Levee District or related entities in most aspects of stormwater
management, including but not limited to design criteria and plan review.
L. The cost to construct, operate and maintain a vast majority of the RLD System
has been paid by property owners within the Levee District boundaries.
M, To fund its stormwater services, MSD currently collects an ad valorem property
tax at the rate of $0.0197 per $100 assessed valuation for the purpose of providing stormwater
regulatory services and an ad valorem property tax at the rate of $0.1000 per $100 assessed
valuation for the purpose of operation and maintenance of the stormwater system. MSD is not
currently imposing an impervious fee and is discontinuing its stormwater service charge of
$0.24!$0.18 per month as of July I, 2016.
N. Due to the unique nature of the Levee District's authority and responsibilities for
flood control and stormwater management within the boundaries of the Levee District, the Levee
District and MSD recognize that the Levee District is in a position to provide some stormwater
services currently or planned to be provided by MSD within the Levee District boundaries.
0. Based upon the Levee District's ability to provide some stormwater services
within the Levee District boundaries, the parties seek to reach an agreement for the Levee
District to provide the Stormwater Services (as defined in Article I, Section 1.1), and to reach an
agreement for MSD to provide the MSD Services (as defined in Article I, Section 1.4).
P. Property within the Levee District will be subject to MSD's ad valorem property
tax of $0.0197 per $100 assessed valuation for MSD stormwater regulatory services. Based
upon the Levee District's ability to provide Stormwater Services (as defined in Article 1,
Sectionl.1) within the Levee District boundaries, MSD shall not collect the proposed Stormwater
5
ad valorem property tax of $0.1000 per $100 assessed valuation from property within the Levee
District boundaries for the Stormwater Services performed by the Levee District. However, MSD
may establish a subdistrict in response to a petition by property owners solely within the Levee
District as provided for in MSD's Charter (Plan).
Q. Subject to the termination provisions herein, the effective date of this Agreement
shall be March 31, 2017 ("Efective Date").
Now, THEREFORE, in consideration of the premises and promises set forth herein, the
adequacy and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:
ARTICLE I
Stormwater Management Agreement and Billing
Section 1.1 Stormwater Services to be provided by the Levee District. Within the
Levee District boundaries, the Levee District will provide the following services, to be included,
referred to herein, and defined as "Stormwater Services:"
A. Maintenance, as determined by the Levee District, of Public Storm
Sewers, as defined herein, existing as of the Effective Date in accordance
with the map attached hereto as Exhibit C;
13. Maintenance, as determined by the Levee District, of Public Storm
Sewers, as defined herein, accepted by the Levee District in accordance
with MSD and Levee District standards, after the Effective Date, and
those constructed by the Levee District;
C. Plan review of all stormwater plans to ensure designs are substantially
consistent with Levee District and MSD requirements, except for facilities
required to meet stormwater quality requirements, which facilities will
remain subject to MSD review;
D. Permitting of all stormwater facilities;
E. Construction inspection of all Public Storm Sewers;
F. As -built survey review, processing, and records retention associated with
Public Storm Sewers;
G. Delivery of the as -built survey drawings to MSD for mapping as projects,
public or private, are accepted by the Levee District;
H. Participation in Missouri One -Call;
1. Maintenance and operation of "master" stormwater conveyance ditches;
J. Oversight of (i) maintenance and (ii) operation of private detention and
retention basins, or the enforcement thereof.
The term "Public Storm Sewer" shall mean any storm sewer, storm inlet, storm manhole, formed
concrete paved channel, or other similar man-made structure used in the conveyance of
stormwater across the property line of a parcel of land or collection of stormwater that crosses
the property line of an individual parcel of land, excluding those facilities listed in Section 1.2.
Stormwater systems that collect run-off from a single parcel of land and convey only that flow to
another stormwater system located within a publicly maintained right-of-way or easement shall
6
be considered a private storm sewer. In connection with Public Storm Sewers, the Levee District
will provide a report to MSD at a minimum of annually within sixty (60) days of each calendar
year end, summarizing previous submittals or providing as -built survey drawings for new public
storm sewers constructed during the previous calendar year and summarizing major repair or
improvement projects of existing Public Storm Sewers planned by the Levee District during the
upcoming calendar year.
Section 1.2 Levee District Contact Information. The Levee District will provide
MSD with contact information of personnel or contractors for routine and emergency matters
relating to stormwater management within the Levee District. MSD shall refer any routine or
emergency inquiries it receives relating to stormwater issues in the Levee District in accordance
with the contact information provided and updated by the Levee District in writing from time to
time. The Levee District shall, upon the Effective Date of this Agreement, and periodically
thereafter, inform its residents of the appropriate Levee District contact for stormwater related
complaints.
Section 1.3 Recognition of Levee District Jurisdiction for Stormwater
Management. MSD agrees that the Levee District has the ability to provide some stormwater
management within the Levee District. MSD further agrees that the Levee District, in its sole
discretion, may exercise any or all of the powers, duties and functions of a levee district under
the Enabling Act or any Missouri or federal law, including but not limited to the following: (i)
conducting studies with respect to stormwater management; (ii) establishing plans and criteria
for stormwater management within the Levee District; (iii) planning and implementing a
stormwater master plan within the Levee District; (iv) constructing, using, maintaining and
operating stormwater infrastructure and related appurtenances; (v) acquiring lands and other real
and personal property rights; (vi) adopting regulations, policies and guidelines for construction;
(vii) cooperating with other political subdivisions to accomplish stormwater management within
the Levee District as deemed necessary by the Levee District; and, (viii) doing all things
necessary or incidental to the foregoing.
Section 1.4 MSD Services. MSD will provide the following services within the Levee
District, which shall be referred to herein and defined as "MSD Services":
A. Upkeep and use of stormwater rules and regulations;
B. Stream flow monitoring;
C. Water quality monitoring;
D. GIS/Mapping; and,
E. All water quality regulatory activities required under the Phase Il Permit,
as defined herein, and any future water quality functions required to be
performed by any federal. state or local agency having jurisdiction over
MSD. As of the Effective Date, the water quality regulatory activities
included in MSD Services are as follows:
(i) Overall service area oversight, reporting and coordination with
Missouri Department of Natural Resources and the Environmental
Protection Agency;
(ii) Site stormwater run-off control:
7
(iii) Monitoring maintenance of post -construction stormwater best
management practices;
(iv) Public education and public participation on local sources of water
pollution;
(v) Illicit discharge inspection and elimination in open channels;
(vi) Development of Best Management Practices for operations and
maintenance activities;
(vii) Inspection of stormwater discharges:
(viii) Enforcement; and,
(ix) Plan review of all stormwater plans for facilities required to meet
stormwater quality requirements.
MSD will update its GIS database to include all Public Storm Sewers existing in the Levee
District and any future Public Storm Sewers identified by the Levee District within its
boundaries, and MSD shall make the GIS database available in any format requested by the
Levee District for use by the Levee District and its agents for stormwater purposes within the
Levee District.
Section 1.5 Assessment within Levee District. While this Agreement is in effect,
MSD and the Levee District agree that based upon the Levee District's ability to provide
Stormwater Services (as defined in Article I, Section 1.1) within the Levee District boundaries,
MSD shall not collect the Stormwater ad valorem property tax of $0.1000 per $100 assessed
valuation from property within the Levee District boundaries.
Property within the Levee District shall continue to be subject to the Stormwater ad
valorem property tax of $0.0197 per $100 assessed valuation for the purpose of providing MSD
regulatory services.
Section 1.6 Exclusion of Levee District Property from Subdistrict Boundaries.
MSD agrees that property within the Levee District boundaries shall be excluded from any
subdistrict unilaterally established or proposed by MSD for the purpose of instituting any tax,
assessment, charge or regulation in connection with any stormwater related function or service
by MSD now or in the future. If petitioned by residents of the Levee District to form a
subdistrict, MSD shall follow the Charter and other regulations governing MSD in response to
any such petition. The parties acknowledge and agree that under the Charter, any petition to form
a subdistrict including all or part of the Levee District is not eligible for consideration unless said
petition is brought by the requisite number of residents and acres of property within the Levee
District, solely considering the boundaries of the Levee District.
ARTICLE II
Assignment of Property Interests
Section 2.1 Assignment of Easements to Levee District. MSD hereby transfers and
assigns to the Levee District all recorded easements and rights of way granted to MSD for
stormwater facilities, any public stormwater improvements thereon, by deed, plat or other
writing, for use by the Levee District in accordance with the terms of this Agreement. MSD
8
shall, simultaneously herewith, execute the Assignment of Property Interests attached hereto as
Exhibit D, which shall be recorded by the Levee District.
Section 2.2 Return of Easements to MSD in the Event of Termination. In the event
of termination of this Agreement as provided in Article VI herein, the Levee District shall assign
and transfer back to MSD (i) the easements and rights of way transferred and conveyed by MSD
to the Levee District pursuant to the Assignment of Property Interests described herein, as well
as (ii) any other property rights held by the Levee District necessary for MSD to maintain public
storm facilities within the boundaries of the Levee District.
Section 2.3 Future Stormwater Easements within the Levee District. Any
stormwater easements required after the date hereof pursuant to plans and guidelines established
by the Levee District shall be dedicated to the Levee District and shall remain the property of the
Levee District. Such stormwater easements in favor of the Levee District shall be in the form
attached hereto as Exhibit E. Stormwater or drainage easements owned by the Levee District,
except for those necessary for MSD to maintain public storm facilities, as of the date hereof are
and shall remain the property of the Levee District. In the event that this Agreement terminates,
all stormwater and drainage easements in favor of the Levee District that are necessary for MSD
to maintain public storm facilities shall be transferred to MSD to allow it to maintain the public
storm facilities within the boundaries of the Levee District.
Section 2.4 Improvements Constructed in Easements. Any stormwater
improvements or modifications to existing stormwater improvements constructed by the Levee
District or caused to be constructed by the Levee District within stormwater easements granted to
the Levee District or within stormwater easements assigned to the Levee District by MSD
hereunder, shall be and remain the property of the Levee District except for those necessary for
MSD to maintain public storm facilities.
ARTICLE III
Environmental Regulation
Section 3.1 Phase II Permit Requirements. The Levee District agrees to construct,
operate and maintain their system within the Levee District, as specified in Section 1.1, in such a
manner as to not violate or cause non-compliance with the current Missouri State Operating
Permit Water Pollution Control Program, issued by the State of Missouri, Department of Natural
Resources to Metropolitan St. Louis Sewer District, Permit No. MO -R040005 ("Phase II
Permit"), for the Stormwater Services the Levee District is providing that are considered
municipal operations. MSD agrees that the operation and maintenance or capital improvements
of MSD's existing sanitary sewer system shall be performed by MSD pursuant to MSD's State
of Missouri land disturbance permit.
9
ARTICLE IV
Plan Review and Enforcement Powers
Section 4.1 Plan Review and Enforcement of Levee District Planning Guidelines.
Each of the parties agrees to cooperate with the other in enforcement of stormwater management
policies and guidelines established for new development by requiring that all plans submitted for
review within the Levee District must be reviewed and approved prior to the issuance of a permit
for stormwater and/or sanitary sewer purposes.
Section 4.2 Enforcement of Levee District Construction Inspection Guidelines.
Each of the parties agrees to cooperate with the other in enforcement of stormwater management
policies and guidelines established for construction within the Levee District by suspending any
sewer permit issued upon notice from the other party that a construction site has failed to comply
with applicable standards for construction or with any condition contained in a permit issued for
construction.
ARTICLE V
Term and Termination
Section 5.1 Term. This Agreement shall continue until terminated as provided
herein. In the event MSD's Board of Trustees modifies the stormwater rates or imposes any new,
additional or replacement charge for stormwater or regulatory purposes, MSD and the Levee
District shall use best efforts to determine the assessment of property within the Levee District
and methodology to determine an assessment as outlined therein. If necessary, the parties shall
amend this Agreement or enter into an intergovernmental agreement similar in form and
substance to this Agreement to memorialize a modified assessment. In the event the parties
cannot mutually agree on an assessment in such event, the Levee District retains the right to
challenge any future assessment in the same manner as if this Agreement did not exist. If the
proposed modification of the rates or implementation of a new charge seeks to lower the same,
then the Levee District shall have the right, at its sole option, to continue this Agreement in
accordance with all the terms and provisions herein with respect to the lower rate.
Section 5.2 Termination, This Agreement and the obligations of the parties hereunder
shall be terminated if any of the following occur: (i) the Levee District shall cease to exist for a
period more than six (6) months and there shall be no proceeding to re-establish the existence of
the Levee District then pending; (ii) MSD shall cease to exist for a period of more than six (6)
months and there shall be no proceeding to re-establish the existence of MSD then pending; (iii)
the Enabling Act is amended or repealed to terminate the Levee District's authority with respect
to stormwater management; (iv) a court of competent jurisdiction enters a final and non -
appealable order that this Agreement is terminated or that the rates imposed by the MSD Board
of Trustees upon the Levee District are legally void; (v) in accordance with Section 5.1 herein,
the parties mutually agree to terminate this Agreement and implement a new agreement in the
event MSD's Board of Trustees modifies the stormwater rates or imposes any additional or
replacement charge for stormwater or regulatory purposes; or (vi) in accordance with Section 5.1
herein, in the event MSD's Board of Trustees modifies the stormwater rates or imposes any new,
additional or replacement charge for stormwater or regulatory purposes and the parties cannot
mutually agree upon a new assessment.
10
ARTICLE VI
Default and Remedies
Section 6.1 Default and Remedies. Except as otherwise provided in this Agreement.
in the event of any default in or breach of any material term or condition of this Agreement by
either party or any permitted successor or assign, the defaulting or breaching party shall, upon
written notice from the other party, proceed immediately to cure or remedy such default or
breach, and shall, in any event, within thirty (30) days after receipt of such notice. commence to
cure or remedy such default. In case such cure or remedy is not taken or not diligently pursued,
or the default or breach is not cured or remedied within a reasonable time, the aggrieved party
may institute such proceedings as may be necessary or desirable in its opinion to cure and
remedy such default or breach, including but not limited to proceedings to compel specific
performance by the defaulting or breaching party.
ARTICLE VII
Miscellaneous
Section 7.1 Recitals. The Recitals hereto are a material part of this Agreement and the
representations, warranties, covenants and conditions set forth therein shall be deemed binding
upon the parties hereto.
Section 7.2 Assignment. This Agreement shall not be assignable by any party without
the prior written consent of the other party hereto. Subject to the foregoing, this Agreement shall
inure to the benefit of and be binding upon the parties hereto and their respective representatives,
successors and assigns.
Section 7.3 Choice of Law and Venue. This Agreement shall be taken and deemed to
have been fully executed, made by the parties in, and governed by the laws of the State of
Missouri for all purposes and intents. The parties consent to jurisdiction and venue in any court
in the County of St. Louis, Missouri for actions in state court and to jurisdiction and venue in the
United States District Court, Eastern District of Missouri, Eastern Division for actions in Federal
Court.
Section 7.4 Entire Agreement; Amendment; Reliance by Third Parties. The
parties agree that this Agreement constitutes the entire agreement between the parties and that no
other agreements or representations other than those contained in this Agreement have been
made by the parties. This Agreement shall be amended only in writing, which shall be effective
when signed by the authorized agents of the parties. It is the intention of the parties that no third
party shall be entitled to rely on this Agreement for any purpose.
Section 7.5 Counterparts. This Agreement may be executed in multiple counterparts,
each of which shall constitute one and the same instrument.
Section 7.6 Severability. In the event any term or provision of this Agreement is held
to be unenforceable by a court of competent jurisdiction, the parties agree that (i) the remainder
shall continue in full force and effect, to the extent the remainder can be given effect without the
1I
invalidated provision; and (ii) the parties will endeavor to amend the Agreement to address the
subject matter of the term or provision determined to be unenforceable.
Section 7.7 Headings. Section headings are used herein for convenience of reference
only and shall not affect the meaning of any provision of this Agreement.
Section 7.8 Representatives Not Personally Liable. No elected or appointed official,
agent, employee or representative of MSD or the Levee District shall be personally liable to any
party or any third party in the event of any default or breach by any party under this Agreement.
or for any amount which may become due to any party or on any obligations under the terms of
this Agreement.
Section 7.9 Force Majeure. Neither MSD nor the Levee District nor any successor in
interest shall be considered in breach or default of their respective obligations under this
Agreement in the event of any delay or non-compliance to the extent caused by force majeure,
including, without limitation, damage or destruction by fire or casualty; strike; lockout; civil
disorder; war; restrictive government regulations; issuance of any permits and/or legal
authorization by a governmental entity; other state or federal government requirements; shortage
or delay in shipment of material or fuel; acts of God; or other causes beyond the parties'
reasonable control.
12
IN WITNESS WHEREOF, the parties hereto have made and entered into this Agreement as
of the day and year above first written.
METROPOLITAN ST. LOUIS SEWER DISTRICT
ACKNOWLEDGMENT
STATE OF MISSOURI
CITY OF ST. LOUIS
)
By:
SS.
Brian L. Hoelscher, Executive Director
On this.lhday of }!-,pr j , 2017, before me, the undersigned, a Notary Public,
appeared Brian L. Hoelscher, to me personally known, who, being by me duly sworn, did say
that he is the Executive Director of the METROPOLITAN ST. LOUIS SEWER DISTRICT, a
body politic and corporate duly authorized, incorporated and existing under and by virtue of the
Constitution and laws of the State of Missouri, and that the seal affixed to the foregoing
instrument is the corporate seal of said District, and that said instrument was signed and sealed in
behalf of said District by authority of its Board of Trustees, and said official acknowledged said
instrument to be executed for the purposes therein stated and as the free act and deed of said
District.
IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed my notarial seal, the
day and year last above written.
LAURA A. DLJFFHN
Notary Public - Notary Seal
Stale of Missouri
Commissioned for St Louis County
My Commission Expires: May 27 2019
Commission Number: 159512002
(SEAL)
Piiflted Name: La (A,.re_
Notary Public in and for said State AA)
Commissioned in S`f-. ,( {A t5 County
My commission expires: .6-21 -
13
RIVERPORT LEVEE DISTRICT
By: { --v
ges, President of the Board of
Supervisors
ACKNOWLEDGMENT
STATE OF MISSOURI
SS.
COUNTY OF ST. LOUIS
-fi
On this:./1 day of Mt..t?.Le1 . 2017, before me, the undersigned, a Notary Public,
appeared Ryan Hodges to me personally known, who, being by me duly swom, did say that he is
the President of the Board of Supervisors of RIVERPORT LEVEE DISTRICT, a body politic
and corporate duly authorized, incorporated and existing under and by virtue of the laws of the
State of Missouri, and that the seal affixed to the foregoing instrument is the corporate seal of
said Levee District, and that said instrument was signed and sealed in behalf of said Levee
District by authority of its Board of Supervisors, and said official acknowledged said instrument
to be executed for the purposes therein stated and as the free act and deed of said Levee District.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal, the
day and year last above written.
(SEAL)
My commission expires:
C.
Printed Name: G cam:, 1 A. S , ., , iv*
Notary Public in and r said State
Commissioned in Lo County
c GAIL A. SINNETT
N vy STATE OF M SONotaUR I
My CommissionmiseiLou County ej� p
�R4 ( W iV�a
14
EXHIBIT A
Boundaries of Levee District
The Riverport Levee District is generally bounded to the West by Riverside
Center Subdivision and by the Missouri River; to the North by the Southern
boundary of the Earth City Levee District; to the East by the Eastern line oldie
right-of-way of the Earth City Expressway; and to the South by the Northern
boundary of the Howard Bend Levee District, and is more particularly described
as follows:
From the point at the intersection of the southeast right-of-way of the Earth City
Expressway and the southeasternmost point of the property of locator number
0051 northwestwardly along said property line to the point where said property
line turns to the southeast; thence south across the property of locator number
0051 to the point where the property line turns south again; then at a straight
line southwest to the northernmost corner of the property conveyed to Fred
Weber Inc., Book 6613, Page 1912 which point is also the southeasternmost
corner of Lot 5 of Riverside Center, a subdivision recorded in Plat Book 339,
Pages 94 through 97. Thence northwestwardly along the eastern boundary of
said Lot 5 to the northeasternmost corner of said Lot 5. Thence in a westwardly
and northwestwardly direction along the northerly boundary of said Lot 5 to its
intersection with the dividing line between U.S. Surveys 1891 and 2040, such
intersection point being the northernmost corner of said Lot 5 and also being on
the boundary line between said Lot 5 and Lot 4 of said Riverside Center
subdivision. Thence northwestwardly along said line dividing U.S. Surveys
1891 and 2040, said line also being the eastern boundary of Lot 4 and
continuing along the eastern boundary of Lot 2 of Riverside Center subdivision
a total distance of approximately 2,748.48 feet (measured from the northernmost
corner of Lot 5) to a corner along the eastern boundary of said Lot 2; thence
northwestwardly 25 feet more or less at a right angle to said line dividing U.S.
Surveys 1891 and 2040 to a point along the eastern boundary of said Lot 2;
thence continuing along the eastern boundary of said Lot 2 to the
southeasternmost corner of Lot 1 of said Riverside Center subdivision as said
Lot 1 has been adjusted pursuant to a boundary adjustment plat recorded in Plat
Book 340, Page 83; thence northwestwardly along the eastern boundary of Lot 1
a distance of approximately 1,265.86 feet to a point on the northeast line of said
Lot 1; thence westwardly along said northeast line of Lot 1 a distance of
approximately 962.93 feet to a point on the east line of Lot 1, thence
northeastwardly along said east line a distance of approximately 1,087.38 feet to
the northeasternmost corner of Lot 1 of Riverside Center subdivision; thence
westwardly along the northernmost boundary of said Lot 1 and beyond to the
apparent high bank of the Missouri River. Thence following the apparent high
bank of the Missouri River to a point on the 1-70 south right-of-way, 80 feet
south of the centerline of the eastbound land; thence east along a line at a
constant 80 feet from the eastbound lane centerline to a point opposite the east
abutment of the westbound bridge. Thence, northeastwardly, perpendicular to
the right-of-way, to the high point of the 1-70 westbound lanes at the east
abutment of the 1-70 westbound bridge. Along said high point of the westbound
lanes to a point opposite the junction of the 1-70 eastbound off ramp to southbound
Earth City Expressway. Thence southerly across interstate 70 at a right angle from
the high point of the westbound lanes to the intersection of the eastbound off ramp
from Interstate 70 to southbound Earth City Expressway with the eastbound lanes
of Interstate 70; thence southeastwardly along the high point of said ramp to the
apparent intersection with the northwest right-of-way of the Earth City Expressway,
then at a right angle southeast to a point on the southeast Earth City Expressway
right-of-way. Thence southwestardly along the said right-of-way to the point of
beginning.
16
EXHIBIT B
Boundaries of MSD
(Attached)
B-1
EXHIBIT C
Map of Public Storm Sewers in Levee District
(Attached)
C-1
EXHIBIT D
Assignment of Property Interests
Space Above for Recorder's Use Only
DOCUMENT COVER SHEET
TITLE OF DOCUMENT:
DATE OF DOCUMENT:
GRANTOR(S):
Mailing Address:
GRANTEE(S):
Mailing Address:
NON-EXCLUSIVE ASSIGNMENT OF RIGHTS UNDER
STORMWATER AND DRAINAGE EASEMENTS
FROM THE METROPOLITAN ST. LOUIS SEWER
DISTRICT TO THE RIVERPORT LEVEE DISTRICT
2017
METROPOLITAN ST LOUIS SEWER DISTRICT
2350 Market Street
St. Louis, MO 63103
RIVERPORT LEVEE DISTRICT
c/a Husch Blackwell LLP
190 Carondelet Plaza, Suite 600
Clayton, MO 63105
Attn: David R. Human
LEGAL DESCRIPTION: See Exhibit A
REFERENCED BOOK & PAGE: N/A
Upon recording, please return original to:
Husch Blackwell LLP
190 Carondelet Plaza, Suite 600
Clayon, MO 63105
Attn: David R. Human, Esq.
NON-EXCLUSIVE ASSIGNMENT OF RIGHTS UNDER STORMWATER AND
DRAINAGE EASEMENTS FROM THE METROPOLITAN ST. LOUIS SEWER
DISTRICT
TO THE RIVERPORT LEVEE DISTRICT
THIS NON-EXCLUSIVE ASSIGNMENT OF RIGHTS UNDER STORMWATER AND
DRAINAGE EASEMENTS (this "Assignment") is made and entered into as of the day
of , 2017 (the "Effective Date") by and between the Metropolitan St. Louis
Sewer District ("MSD") and the Riverport Levee District ("RLD"), established pursuant to
Chapters 245 and 246, Revised Statutes of Missouri ("RSMo"), as amended.
WITNESSETH:
WHEREAS, RLD is a levee district organized and existing under Chapters 245 and 246,
RSMo (2016), as amended, and the Decree of the Circuit Court of St. Louis County, Missouri in
Cause Number 02CC-000494 (the "Decree") and on the date hereof has jurisdiction to provide
flood protection and control (which jurisdiction includes the internal stormwater drainage
systems) for the area within the boundaries set forth in the Decree, which includes the real
property more particularly described in Exhibit D -I;
WHEREAS, MSD executes this Assignment as provided in that certain
Intergovernmental Cooperation Agreement between MSD and RLD, which was duly authorized
and approved this Assignment in Ordinance No. adopted on , 2017
under authority conferred by Section 70.220, RSMo (2016) and MSD's Charter, Section 3.020.7
("Intergovernmental Cooperation Agreement");
WHEREAS, in order to facilitate MSD's provision of stormwater management, MSD
has been granted by recorded deed and subdivision plats, numerous drainage and stormwater and
drainage easements on property in RLD ("Stormwater and Draina eg Easements"); and
WHEREAS, MSD desires to assign to RLD non-exclusive rights to use the Stormwater
and Drainage Easements to allow RLD to exercise the rights granted under such Stormwater and
Drainage Easements, for the purpose of RLD providing flood protection and control and storm
water and runoff management in RLD.
FOR GOOD AND VALUABLE CONSIDERATION, receipt of which is hereby
acknowledged. including the sum of Ten Dollars ($10.00). and the aforesaid recitals incorporated
in and made part of this Assignment. and the agreements and understandings contained herein,
MSD hereby assigns and conveys Stormwater and Drainage Easements to RLD as follows:
1. Assignment and Conveyance of Rights.
A, As of the Effective Date. MSD hereby assigns and conveys to RLD
a non-exclusive right to use all present and any future Stormwater and Drainage Easements
benefiting MSD, and improvements therein. owned or controlled by MSD located within the
boundaries set forth on Exhibit D-1 and incorporated herein, and to exercise the rights granted
or implied under such Stormwater and Drainage Easements, and all rights appurtenant thereto,
including but not limited to the right to maintain, operate and improve the Stormwater and
Drainage Easements and improvements therein, now or hereafter existing under any other
easement, deed, dedication, of any kind now or hereafter existing, subject to the terms of the
Intergovernmental Cooperation Agreement.
B. MSD agrees to cooperate with RLD in RLD's exercise of the rights
assigned herein to RLD, including but not limited to joining as a party in any action to enforce
the rights of MS0 and the RLD in the Stormwater Drainage Easements. MSD agrees to execute
such additional instruments, in recordable form, as may be reasonably necessary to allow RLD to
utilize and enforce any one or all of the Stormwater Drainage Easements.
C. Nothing in this Assignment shall be construed to assign, transfer or
convey to the RLD any duties, responsibilities, rights or authority granted to or held by MSD
that are unrelated to the provision of stormwater management within RLD.
2. Authority. MSD represents and warrants to RLD that it is duly authorized and
empowered to and has full authority to enter into this Assignment.
3. Effective Date/Binding Effect. This Assignment shall be effective on the
Effective Date, shall be binding upon and shall run with the land and shall inure to the benefit of
and shall be binding upon MSD and RLD and their respective successors and permitted assigns.
4. Miscellaneous.
(a) This Assignment constitutes the entire understanding of the parties with
respect to the matters herein set forth.
(b) This Assignment shall be construed in accordance with and governed by
the internal laws of the State of Missouri.
(c) No waiver or modification of this Assignment shall be valid unless in
writing and duly authorized and signed by the parties hereto.
(d) One (1) executed copy of this Assignment shall be recorded in the St.
Louis County, Missouri, Records,
(e) RLD may assign its rights hereunder only to any successor levee
district or to MSD, or, subject to the prior approval of MSD, RLD may assign its rights
hereunder to the State of Missouri, County of St. Louis, or to any other state or federal political
subdivision or district.
IN WITNESS WHEREOF MSD has executed this Assignment the date and year
first set forth above.
THE METROPOLITAN ST, LOUIS SEWER
DISTRICT:
By:
Brian L. Hoelscher, Executive Director
STATE OF MISSOURI
SS.
CITY OF ST. LOUIS
On this day of , 2017, before me, the undersigned, a Notary Public,
appeared Brian L. Hoelscher, to me personally known, who, being by me duly sworn, did say
that he is the Executive Director of the METROPOLITAN ST. LOUIS SEWER DISTRICT, a
body politic and corporate duly authorized, incorporated and existing under and by virtue of the
Constitution and laws of the State of Missouri, and that the seal affixed to the foregoing
instrument is the corporate seal of said District, and that said instrument was signed and sealed in
behalf of said District by authority of its Board of Trustees, and said official acknowledged said
instrument to be executed for the purposes therein stated and as the free act and deed of said
District.
IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed my official seal in
the City and State aforesaid, the day and year first above written.
Notary Public
My Commission Expires:
EXHIBIT D-1 — Assignment of Property Interests
Legal Description of the RLD
The Riverport Levee District is generally bounded to the West by Riverside
Center Subdivision and by the Missouri River; to the North by the Southern
boundary of the Earth City Levee District; to the East by the Eastern line of the
right-of-way of the Earth City Expressway; and to the South by the Northern
boundary of the Howard Bend Levee District, and is more particularly described
as follows:
From the point at the intersection of the southeast right-of-way of
the Earth City Expressway and the southeasternmost point of the
property of locator number 0051 northwestwardly along said
property line to the point where said property line turns to the
southeast; thence south across the property of locator number 0051
to the point where the property line turns south again; then at a
straight line southwest to the northernmost corner of the property
conveyed to Fred Weber Inc., Book 6613, Page 1912 which point is
also the southeasternmost corner of Lot 5 of Riverside Center, a
subdivision recorded in Plat Book 339, Pages 94 through 97.
Thence northwestwardly along the eastern boundary of said Lot 5 to
the northeasternmost corner of said Lot 5. Thence in a westwardly
and northwestwardly direction along the northerly boundary of said
Lot 5 to its intersection with the dividing line between U.S. Surveys
1891 and 2040, such intersection point being the northernmost
corner of said Lot 5 and also being on the boundary line between
said Lot 5 and Lot 4 of said Riverside Center subdivision. Thence
northwestwardly along said line dividing U.S. Surveys 1891 and
2040, said line also being the eastern boundary of Lot 4 and
continuing along the eastern boundary of Lot 2 of Riverside Center
subdivision a total distance of approximately 2,748.48 feet
(measured from the northernmost corner of Lot 5) to a corner along
the eastern boundary of said Lot 2; thence northwestwardly 25 feet
more or less at a right angle to said line dividing U.S. Surveys 1891
and 2040 to a point along the eastern boundary of said Lot 2; thence
continuing along the eastern boundary of said Lot 2 to the
southeasternmost corner of Lot 1 of said Riverside Center
subdivision as said Lot 1 has been adjusted pursuant to a boundary
adjustment plat recorded in Plat Book 340, Page 83; thence
northwestwardly along the eastern boundary of Lot 1 a distance of
approximately 1,265.86 feet to a point on the northeast line of said
Lot 1; thence westwardly along said northeast line of Lot 1 a
distance of approximately 962.93 feet to a point on the east line of
Lot 1. thence northeastwardly along said east line a distance of
approximately 1,087.38 feet to the northeasternmost corner of Lot I
23
of Riverside Center subdivision; thence westwardly along the
northernmost boundary of said Lot 1 and beyond to the apparent
high bank of the Missouri River. Thence following the apparent
high bank of the Missouri River to a point on the 1-70 south right-
of-way, 80 feet south of the centerline of the eastbound land; thence
east along a line at a constant 80 feet from the eastbound lane
centerline to a point opposite the east abutment of the westbound
bridge. Thence, northeastwardly, perpendicular to the right-of-way,
to the high point of the 1-70 westbound lanes at the east abutment
of the 1-70 westbound bridge. Along said high point of the
westbound lanes to a point opposite the junction of the 1-70 eastbound
off ramp to southbound Earth City Expressway. Thence southerly
across interstate 70 at a right angle from the high point of the
westbound lanes to the intersection of the eastbound off ramp from
Interstate 70 to southbound Earth City Expressway with the eastbound
lanes of Interstate 70; thence southeastwardly along the high point of
said ramp to the apparent intersection with the northwest right-of-way
of the Earth City Expressway, then at a right angle southeast to a point
on the southeast Earth City Expressway right-of-way. Thence
southwestardly along the said right-of-way to the point of beginning.
24
EXHIBIT E
Form of Easement for
Stormwater Improvements in Levee District
EASEMENT
TO WHOM IT MAY CONCERN:
KNOW ALL MEN BY THESE PRESENTS, that
for and in
consideration of the sum of One Dollar ($1.00) and other valuable consideration in hand paid by The
Levee District (Levee District), the receipt of which is
hereby acknowledged, do(es) hereby give, grant, extend, and confer on The Levee District the exclusive
right to build and/or maintain stormwater improvements on the strip or strips of ground described as
shown hachured on the attached "Easement Plat" marked Exhibit "A" and made a part hereof, and to use
such additional space adjacent to the easement(s) so granted as may be required for working room
during the construction, reconstruction, maintenance, or repair of the aforementioned stormwater
improvements. The Levee District may from time to time enter upon said premises to construct,
reconstruct, replace, maintain, or repair the aforesaid stormwater improvements, and may assign its rights
herein to the State, County, City, or other political subdivisions of the State. The easement(s) hereby
granted is(are) irrevocable and shall continue forever.
IN WITNESS WHEREOF, the above named grantor(s) has(ve) signed these
presents this day of , 20
STATE OF MISSOURI )
) SS.
COUNTY OF ST. LOUIS )
On this day of , 20 , before me personally appeared,
, to me known to be the person(s) described in and who executed the foregoing
instrument, and acknowledged that executed the same as free act
and deed.
E -I
SLC-8138763 483172/1
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my notarial seal,
the day and year first above written.
My Commission expires
Notary Public
E-2
SLC-8138763 483172/1