HomeMy Public PortalAboutORD13797 BILL N0. 2004-90 SUBSTITUTE
SPONSORED BY COUNCILMAN FERGUSON
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH ALPLA INC. AND
COLE COUNTY
BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS
FOLLOWS:
Section 1. The Mayor and City Clerk are hereby authorized and directed to
execute an agreement with ALPLA Inc. and Cole County to extend a rail spur for the area
known as the ALPLA Site Property.
Section 2. The agreement shall be substantially the same in form and content
as the agreement attached hereto as Exhibit 1,
Section 3. This Ordinance shall be in full force and effect from and after the date
of its passage and approval.
Passed: t � ,��" 'l: �� Approved: ��?
Presiding Officer Mayor
ATTEST: APPROVED A$ TO,:FORM:
Cle k City Counselor
A\OREEMEX17' rliO EXTEND RAIL SPUR
THIS A('Ith,F,MI N"I' ("Agreemen(") entered into this 22oi1 clay of December, 2004 by
and between the City ol',leflerson , Missouri, 320 East McCarty, ,lefferson City Missouri, 65101,
It municipal Corporation, hereinafter referred to as "City," and Cult County, Missouri. a political
subdivision of the State of MiSSaul'I, hereinafter referred to as "County." and Alpla [lie., a
Georgia corporation, hereinafter referred to as "Alpla".
WI 1'NESSFA 1I:
WHEIREAS. The City intends to develop or otter Im- development for commercial k1ses a
parcel or parcels of p,ropierty located in Jcflerson City, Cole County, Missouri which property is
more particularly described on hxhibit "A" attached hereto (hereinafter I' el•rCd to as the "City
Property"); and
W11EMEAS, Alpla inlends to develop that certain property located in .Iefterson City,
Cole County, Missouri, which property is Il ON particularly described in l"Nilibil "13" attached
hereto (hereinafter relerrcd to as the "Alpla Property"): and
WIIEREAS, as part ofsuch parties respective development plans, each party requires un
extension (tile "Spur EXtension") o('the County's existing Algoa hail Spur (tile "Existing Spur');
and
W11ERE'AS, Alpla will be the prink user ofa portion of the suhjcct Spur I?xtensioil, and
the Cily, ur its successors, shall hC the I7rinlc user of another portion ol' the suhjcct Spur
Extension,
NOW '1'IIEREIRME,, in consideration of*thC mutual covenants hercinafler set lin•th, the
City, County, and Alpla do hereby covenant and agree as follows:
I. �Imr Extension: Alpla will, It its sole expense, (suhjcct, ho\Vevcr, to the
reinlburscrlrcnt ohlig,16011s 01'CUach ol'thC City and C'owlty set 101111 below) constrtn.t the Spur
Extension as 161luws:
a. Part A: Fronl the current terrllinal point ofthc Existing Spur (on the
Command Web property (Book 350, Page 273, Uflice olTole County
P,ecorder of Dceds), across the hornier Don Davis properly now owned by
Cole County, to the southern edge ol'the Alpla site property, including a
switch from the plain spur, as shown on Fxhibit "("
h. Part III: A portion of Alpla's cxClusi�e usC siding running from the
southern edge ol'Alpa Property to the terminus, as shown on I:xhihit "C
C. P.-IN C: From the switch to the western edge of Alpla Property as shown
on Exhibit "C".
7
C R11\1002-118.3
0d 1820.003
,a
2. Cit (4) Itcinrfbrtr•sc (' n�etiun Costs: '1 he City and County will reimburse
Alpla 1))1• 1110 Costs OCCOnstRIC01Ig tlhe Spur Extension, excepting the costs incurred by Alpla in
Constructing 1),111 li audT2art4:=aNu-ve, for which Alpla Shall he solely responsible. The
Illaxillltllll reimbursement by the CityTounty is outlined on IMlihit 1Y.
;. City to Reimburse for Ftwineerin The City and County will he solely
responsible li)r the paynlcnt ol'tltc costs ol'engincering farts A, 13, and 1), which costs shall
include the costs ofdeveloping applicable plans and specifications. Alpla will lie solely
responsible !or the costs ofengineerillg I111•1 C, which costs Shall iIlCludC the costs ul•dcveluping
applicable plans and specifications.
4. Design and Construction Standards: The Spur FAmision \�ill he constructed
gcncraily in accordance with Site flan attached hereto as Fx1lihift"C'. The Spur I:xtcnsion and
Sidings must he dcsigrlCd and COrlsu•ucted SO as to MCCI approval 1.1.0111 the l illion PaciIis
Railroad. I lowevcr, not\,ithslanLlillg any othCI' provision contained herein to the contrary. City
and County acknowledge and agree that Alpla makes no representations or warranties
whatsoever with respect to the SuhjCCt Spur l:Xtcrlsion as LlesigI)Cd 0r COnst•uCICCI, and that S0
long as Alpla has received Union Pacific Railr•0ud's approval 0VCr the pt'Op0sed plans anLI
specifications, and So long us the S11111• IiXlellSio ll IS COIlStRICtCd ill SU11SU 6,11 acCORIMICC with
such plans and specifications. Alpla shall 1)e deemed to have complied in all respects with its
COIlStI'LICtt011 t•CLlllll'CI11CII(S llcl•L:tlllllcl•, I LIHIM-11101'1', City hCreh)' ►•CprCSCrlts and warrants to Alpla
all llt•CVious plans and specifications provided by the City to Alpl,t with respect to the Spur
FXtension, ifany, comply with all hg0vcr11rllental I'C(luirctl)CnlS relating to the Spur
I;XtCI1SiOIl,
inclu(ling, 1)111 1101 limilCd to, salcly rCLluirenlCnts. Accordingly, Alpla shall not he
responsible lot. insuring that SIICII 111MIS ,111(1 specifications 161. the Spur I,\tcl)sion are i11
compliance with governmental requirements. I lowever, Alpla acknowledges and agrees that
Alpla shall rcLlnirC the CnginCCr selected by Alpla to provide wriltCII uSsur,ulCCS to Cacll ofthc
City and the (.'1)11111\' that 1111 governmental regulations with respect to such plans and
Specifications have been met.
:S• Permission to C'onstr'uct Liao: 'I•hC City and C01111ty hereby gralll permission to
Alpla, and Its cun11',ICtors and SuhcontraClors. to CIIICI' into and ICllll)ONII'Ily OCCUpy IfICir
respective properties I'm- the 11(11'l)OSCS of COI1St1'llCttoll Of 111e Spilt• l',Xtensloll within their
properties, and hereby grant 111d convey' a tClllporal•y Co115t1'11C11U11 C ISCment 10 Alpla, and its
contractors and Suhcunt-,ldol'S, ovCr their reSpCClivC pl'opCr'tiCS 101• the pur•posCS ol'Snch
construction.
6. C'ity to Cytivey !tkht of Way: The City Shull convey 10 the C'otulty suCficiCnt
right ofway 1,61lowing the center line 01.01,11 portion Oftlle Spur 1:Ntension located on the City
Property fi)r the operation a11d IllallllellalleC ol'lhe Spur Extension, except that porlion Ol,thc
Spur• FXtellSioll that CroSSCS Militia I)1'iVC, wlerCin the City shall convey right Ofway SLIfliciew
to install the actual crossing and crossing saltty deviCCS•
7. T(.1,111ination: Certain of the City and the C'OUIlty'S 0hlig,lli0ns under this
. Agreement are contingent upon the C'ily and County rCCCiving grant moneys to finance the Spur
HXtcnsion pr0icC1. In the Cvcnt 01,11 such grunt moneys are not I•CCCivelf Or arc inSLIff iciCnt to
L'()R PUUd2,118,3
011826 003
fund the entire Shur Uxtenscon project, the City or the County, at (heir option, may terminate this
Agreement after paying Itlr all work dune uh to the date of termination, as well as all amounts
itlr which Alpla is then responsible under binding contracts with its contractors and/or
subcontractors, or reduce the scope ofthe work paying any additiontll costs incurred therein.
Notwithstanding the lilregoing, 111 no event shall any termination of this Agreement ill ally way
diminish Alpla's right to enter the property owned by the ('ity and the County so as to complete
the Spur Extension. of so much thereof as Alpla elects, nor shall any such termination release
City of. the County from its obligation to pay Ior the cost ofengincering Pails A. B to d 1), as set
forth above. Notwithstanding the lbregoing, Ill no event shall the City or County have the right
to terminate tiny of its payment obligations with respect to tilt: construction of d'art A of tllc Spur
FAMision, as set Birth above.
8. Time Frame for Reimbursement/Joint and Several Liability. City and ('aunty
acknowledge and agree that they shall hay over such sums as may he duc Alpla hereunder within
tell (1 U) days of Alpla's written request tar such reimbursement. FLINI erniare, notwithstanding
ally other provision contained liclein to the contrary. each ol'(.'ity and County acknowledge and
agree that their liability loo 11110111115 d11C hereunder to Alpla shall bc,joint and several.
9. Severable Provisions. Any illegal or unenlorceable provision ol'this Agreement
will be severed herel'rom and will not render invalid the rellu.lilling Provisions ol'this Agreement.
IN WITNESS W11EIREOF, (lie Parties have set their hands the date written above.
CITY U jJJEF 'ERSON/ COLE"COUNTY, MISSOURI
1\layo President Collilllissioncl'
G
City Clerk---- Western District ('oninlissioner
A 115C1(.11' 1'.;1511.'1'!1 Distriict C.'.1lIllmssloncl'
1'(M i'\1062.1 18..1
0,11826.00.1
ALPLA 1 c. f %
"title:
n.r.rla.l.:
Title:
•
CORV\1002,118.3
0-11 M26,003
Part of 11.S. Private Survey No. 2596 and hart of the Southeast Ouarter of Section 24, 'township
44 North, Range I I West, ('Ole COLttlty, MiSSOLII'i, 11101-C 11111.6Culady desc►•ibcd as hollows:
13HOINNING at the soulhwcSt corner ell' said U.S. Private Survey No. 2596; thence
NO0"03'32"W, along the westerly line of said l►.S. Private. Survey No. 2590, 339.72 Iect to a
point intersecting the south line ell' an 80 lixrt wide ('Ole ('aunty PLlbliC Road (tight-of-way
known as Stertzer Road, as her conveyance of right-o1* way. elf' record in Book 378, page 020.
Colc County Recorder's O!Tice; tllGlee Masterly. along tiaid right-of'-way line, on a curve to the
lcl't, having a radius of 2487.28 Iect, an arc distance of 677.55 feet. (tile chord OI' said curve;
being N88"50'58'T. 075.46 feet): thence N8°57'10"W, along, the easterly end of said Stertzer
(toad (light-o1* wa), 80.1)1) feet to a point oil the northerly line thereof and said point being the
southeasterly corner of a tract described by deed of record in Book 427, page 706. Cole County
Recorder's 01'lice: thence Westerly, along the northerly line ofsaid Sterti.er Road Right-of-way,
on a curve to the right, having a radius of 2407.28 lest, an are distance of 183.64 IM. (the chord
ol'said curve being 583"1 3'52"W, 183.60 feet) to a point intersecting the easterly litre of another
Cole County Public Road Right-of-way also known as StertVer Road, as her cleed of record ill
Book 427, page 775, ('Ole County Recorder's Office; thence Northerly along the easterly line of
said Right-of=way in Book 4427, page 775 and continuing Northerly along the easterly line of the
Stertrer Road Right-ol=way in Book 4427, page 774, Cole County Recorder's Office, the
1611mving courses: Northerly, ern a curve to the MI. having a radius of 345.00 feet, an arc
distance of 67.76 1ect, (the chord of said curve being N46"446'10' 1;, 67.65 feet): thence
N41°08'40'T. 049.09 feet: thence Northerly, on a curve to the left, having a radius of 345.00
Icet, an are distance of 117.12 Icet, (the chord 01' said curve being N31"25'09"l;. 116.56 feet);
thence N89"17'(12"1:, 104.92 Iect to it point intersecting the southerly line of Algoa Road and
said point being on the northerly line of the 2.0 acre tract described by deed of record in Book
309, page 753, Cole County Recorder's Officc: thence leaving said Stertzcr Road Right-ol=way
line, S68'I8'23"I:. along the southerly line of said Algoa Road and along the northerly line of
said 2.0 acre tract described in Book 369, page 753 and along the northerly line ol'the 37.03 acre
tract also described in Book 309, page 753. 943.80 feet to a 110illt ir11Cl'SCC1illg till' SOL11.11C Iy line
of the Algoa (toad Connection to Militia Drive Right-ol=way, lormerly known as Algoa Spur, as
per deed of record in Book 379. Page 992, ('Ole County Recorder's 01'icc: therice along said
Conncctiot) Right-ol-way line, 5417"55'411"I:, 24.00 Icet; thence S244'00'1 V. oil a direct line,
850.32 feet to a point intersecting the southern boundary of the aforesaid 37.03 acre tract
described in Book 309, page 753: thence S89"30'20"W, along the southern boundary of said
tract described in !look 369, page 753. 220.91 feet to a stone oil the SOL►thern boundary of said
37.03 acre tract described in Book 369, page 753, and said point being described therein AS the
most westerly corner ol' a 1?3 acre tract of land described in Book 127, pagc� 55, Cole County
Recorder's Ullice and being on the southerly line of the alirrcsaid ( I. ). Private Survey No. 2596:
thence S85"42' I I"W, along the southerly line ol' said U.S. Private SurvcN' No. 2590. 16418.92
Iect to the POINT OF BF(►1NNIN(i.
Containing 35.57 Acres.
0 W110062,118.3
0.11826 003
® 1,X1111311' "13"
Part of LJ.S. Private Survey No. 2.596 and hart of*the Southeast (quarter of Section 24, 'Township
44 North, Range I I West, Cole County, Missouri, more particularly described as follows:
FROM the southwest corner of said U.S. Private Survey No. 2596; thence N85"42*I 1"I:, along
the southerly line of said U.S. Private Survey No. 2596, 1648.92 Iect to a stone on the southern
boundary of the 37.03 acre tract described by deed of record in Book 369, page 753, Cale
County Recorder's Office and said point being described therein as the most westerly corner of a
1.23 acre tract of land described in Book 127, page 55, Cole County Recorder's Office; thence
N89"30'20"F, along the southern boundary of the aforesaid tract described in Book 369, page
753, 220.91 feet to the POINT OF BEGINNING for this description; thence N24"06'13"I;, on a
direct line, 856.32 Iect to a point intersecting the southerly right-cif-way line of the Algoa Road
Connection to Militia Drive Right-of-way, formerly known as Algoa Spur, as per decd of record
in Book 379, page 992, Cole County Recorder's Off ice; thence along said Connection Right-ol-
way and continuing along the westerly line of said Militia Drive Right-ol=way, the following
courses: S47°55'44"1 , 27.87 feet; thence 554"22'39"L?, 164.68 feet; thence S47'05'22'11',
107.84 feet; thence S43'56'33"l-, 60.01 feet; thence S54°03'12"F, 92.53 feet; thence
S63°39'00"I , 93.62 feet; thence S41°21'10"1 156.34 feet; thence Southerly, on a curve to the
left, having a radius of 4166.66 fleet, an arc distance of 103.95 lcet. (the chord of said curve
being SY 1 1'29"W, 103.94 feet), thence S2"28'37"W, 219.23 feet; thence S 13"47'02"W, 7.08
® feet to a point intersecting the southerly boundary of the aforesaid 37.03 acre tract described in
Book 369, page 753, Cole County Recorder's Office; thence leaving said Militia Drive Right-of-
way Line, S89°30'20"W. along the southerly boundary ol'said 37.03 acre tract, 870.08 Iect to the
POINT OF BEGINNING.
Said tract of land containing approximately 10.0 acres and being more particularly shown on that
certain AL;TA/f1C'SM Land "Title Survey dated as of .tune 29, 2004, prepared For Partnerships
2020, Inc. and Alpha, Inc. by Keith Brickey (LS1/2578) of Central Missouri Professional
Services, Inc.
2
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MILITIA. DRIVE ALPLA
RAILROAD CROSSING
ALPLA CHAMBER
RAILROAD CROSSING SIGNAL
(Design Build) $225,000
MTLLTIA DRIVE CROSSING
70' x $300 $ 21,000
MILITIA.DRIVE SUB BASE $ 20,000
RAIL SPUR
Rail —Chamber 1050' x$100 $105,000
Rail —ALPLA 744' x ,$100 $ 74,400
Turn Out $ 25,000
Sub Base—Chamber $ 40,000
Sub Base—ALPLA $ 30,000
TkA.FFIC CONTROL $ 10,000
ROADWAY MODIFICATIONS
Paving 400T x $50 $ 20,000
Curb & Gutter 350' X $30 $ 10,500
Island $ 2,500
Street Lighting $ 5,000
R/W ACQUISITION $ 50,000
ENGINEERING $ 20,000
TOTALS; $1.04,400 $554,000
AMEREN COMMUNITY DEVELOPMENT COMPANY LLC
Grant Agreement
Allieren (.'ulllrilltrlify Development t'onlpanv I.Et' (hercim,ker, r\trleren( 'I)(', I.E( '), agrees to provide a
grant of$41)(1,(1(11) to City ol'.Icl'Icrson Cole County (hercinaltcr, the (iranlcc), based on the agreements
describc(I below. 'l lie grant period will be froill March 1, 2005 to i hR11 I, ?111)lr. I'llc grant will be
cflcctivc upon relttrn to Allicien( 1X" I.I.I ' ofth;s agrcelnent. cxecule(I by a11 atllhori/Ctl rcprescntativc of
the (irantee.
The purpose (it'(lie grant is for the Alpla rail spur cxlC11sron I►rojert In .Icl'Icrson City as itlCntillc(.1 in the
application attached to Ibis agrecnu.•nl.
ky the cn(i of the grind perlo(I, the (irantrc wlil have complcte(I the aetnities herein inclu(le(I in the
attached application.
'I'llis grant IS pr•ese111e(i on the '1ssullptiol Ihal Ihc"c• arllyrues ran and \Ill be accomplished wilhirl the
grant period. II'delays in acconiplishirli! the ildiylles are exper;enrerl or experle(I, (ir;ul!ee shall nobly
AmerciWIX', 1,1.1' Inutle(Iulfrly,
Ill Llddlti011, the (irall(CC iItfCL,:
I. To ensure that all grant-1'1111(le(I actryilles ar'c sll wdy rtollp ll]san and do not consist of
participating in pollllcnl campaigns or campaigns lire public ofiir(•:
2. To u1 ,t, the grant I'mids solely for the purposes of the sperif'IC profcet as dCSCI'ibe(l 11)(WC. 1\Iy
sll„nilicant changes Ill the purposes fill• which griull hinds eor ,peal must he pre-approye(1 in
wrilinl; by ;\nlercnl'I)C', I.I.C' F►elirre imhlrnlr(I(ation;
3. To rclurn any portion ol'the I'tIIIdS s,rante(I whir) air 11(11 eked solely fur the purpose of the grant
Stated above:
4. To nrlilluml mletIkalc rreord kerpnlg of' grant funds to show that f(rn(Is for !Ile slated grant have
been 111a1nlaine(1 scparalely '111(1 are tfistnlguishabfe final illy general fu11(Is or other reslrictc(I
I'11I11IS. All ex )en(litllrrs 11a(Ic 111 furthcranrc o1' the purpose, of the grant ;hall he ch;lr•gc(I ()fl'
againsl the grant and shall appear on those annual recor(I,. file• (irantrc shall keel) adequate
records to substallliatc such cxpenlitures. I'hc (iraotcc tiImll Imke sue) hooks anti accords
availahlC to A111CIenl 'I)t'. I.I.t' al reasul;;lble lunrs lire IC\10V an(I au(III, II' retlues(Cd by
S. TO he responsrhle loo. payment ofiuly fe(Il•1'al, stifle 111(1 local tax obligations (hill Illy result from
the grail award. Anlcren( 'I)(', I.I.( ' rrcotlunenils Ihat the ( ir;jnlee wok tax advice to confirm any
applicable lox obhgalions:
0. To send Alueren( 'I I('. I .t' it liana iiii and it narrative report :,II!IR'd 1►v aI offlrcr of the (iranlec
�( ilhol (el) dilys ol• the CIO nf` the gran( perin(I. I It(, Irrl:11KANl report shoul(I eonlpare actual
Cxpen(h1IIICs ;lgalnsl file hIldl,Cl subIllI tell 1XI(II the• applicattoll. Illc nnrallye report should
provide a reasonably (letallerl arr01.1111 of 111 lllueh Ihr prolcet Ilet the agreed upon
evaluation criteria:
7. To ackilowled c Ameren('I)(', I.I.( ' ill ;uly public releases, Cretins, or pubhcations that nuntion
the furl(Ic(l project, an(I to "Clad eoples Ill' these (Ioe till let its ►o :lnu rrn('I)( ', I A A" 'file (irantre
shall clear wrlllen 'Aatenu•nis ghoul Alnerrn( A)( '. 1.1.( ' through the AIIlercn Economic
I)rvelopnlent I)cparlrllenl bcli►re publica►ion;
S. With regard to copyrights and computer software, :\nuren('1)(', 11(' and file (irarllce agree that
title to and the right to determine disposition ol'all copyrightahle works first developed under this
Agreement shall remain with the 61"Intec, provided, however, that the Grantee shall grant to
Ameren('I C, l.l.(' an irrevocable and pct•petual, royalty-free, notl-transferable, nonexclusive
right and liCCII.SC to use, reproduce, display, distHbulc to fkird parties fin• non-commercial use an(I
licrf6rm all such copyrightable rrlaterials produced or published by the Grantee pursuant to this
agrecment.
►). To abide by the Iirllowing: (I) all federal prohibitions against discriminating against any
employee firr employment because ol-race, agc, color, religion, sex, national origin, or disability
stales; (2) thtlhzation ol'Small Business Concerns rules as set forth in 15 U.S.C. § 637; (3) Equal
Opportunity laws as set forth in Exec. Order No. 112-16, codified with nurdilicalions at 42 U.S.C.
2000c, and Federal Acquisition Regulations ("FAR") 48 C.F.R. 22.802, 52.225-25, 52.222-
26. 52.222-28: (4) Affirmative Action firr Spccial I)isahlcd and Vietnam Fra Veterans laws as set
I'M-11i in 38 U.S.C. ` 4212 and FAR 48 C.F.R. tiff 22.1301, 60-250, 52.222-35, 52.222-37; (5)
Affirmative Aclron Clause firr Individuals wilk I)isahilitics set lirrth at 21) (I.S C. ` 793 and FAR
•18 ('T.R, § 52.222-36; (6) (ltiliration of Women-Owned Rusinesses laws as set lirrth in FAR 48
('.f .R. § 52.219-8, 52.219-T, (7) Non-Segregated Facilities Certification and Affirmative
Program provision set firrth in FAR '+2.'22-21: (8) laws permitting the (fnited States C'ortlptrollcr
General to access a contNaclor's records under FAR 52.215-2. (9) Water Pollution Control Act
(CIean Niter ;pct) l,►wVs as set firrth in .13 (I.S.C. ti 1251 cl sal., and FAR 52.223-1, 52?23-2;
( 10) ('lean :fir Act law•, as set firrth in -12 U.S.('. ` 7606, and 1'AR 52.2.23-1, 52.223-2, 52.223-
l4: ( I I) Contract \Vork, (lours and Safety Standards Act as set lirrth in -!0 U.S.C. §§ 327 et sc(l.
and FAR 48 C.I .R. § 52.222-4, (12) Restrictions on Subcontracting Sales to the Government
laws as set lirrth in FAR 48 C.F.R. § 52.203-6-, anti-Kickback laws in FAR 203-7; ( 13) Reporting
provisions in FAR -18 C.I .R. § 52.222.22; and ( 1.1) 1)iSCInSUr'e laws in FAR 48 U, .R. § 52.203-
1 I.
10. TO LIMISCIII to an ,ISSi;:nnlenl bN' Ile AIncren('I)( ', 11► ' ol' this (irant Aurccnicill to Ameren
C'oumuultty Development Corporation (herinafier Allicren('1)('), a nol-for-profit community
based development organ vatlon.
11. Anu-ndmcnts to this Agreement skill be made In writing an(1 will heeoII1C el'fcctIVC only upon the
wvri(ten approval ol'both parties to this Agrecnlelli.
12. This Agreement shall he construed and c ll'ORTd in accordance "lilt the laws of [lie State of
Missouri.
13. No "waiver ol'any provision of'this Agreement Shall be deenlCLI or shall constitute it waiver ofany
provision. Nor shall such wiener constitute a conlinuin12 waiver Unless otherwise expressly stated.
1.1. All notices rcquircd or pernliticd by this Agrcenrcrll Shall be In wriliug ;Intl Shall he elthcl-
persnnally delivered or sent bV lilt iorlaIIV-recogniled oVCrnighl courlcr, fae.;Inlllc or by registered
or certified I I-S. mall, postage prepaid. ;A(IIVsscd as Set forth below"
Anrcrcn('D(', II.(' ( iranfc�c
;\mcrcn ( 'omnlilt]ity I)eVCloprncnt ( 'onrpany, I I.( INIs. Melva Fast
Atln: Michael S. Kearney (ity of.leflersorr Cole ('ounty
• 1901 Chottlemi Avenuc, Code 3 5 120 F. �lcl'urly Sireet
St. Louis, Nit) 63103 Iefferson ('►tv, NCI ) 65101
-r
q
Payment of'this grant shall be ►glade after recclpt ol'a signed agreement by AmerenCDC, LLC.
In the event that AmerenCDC, LLC determines, in its sole discretion, that the Grantee has breached or
failed to carry out any material provision of this agreement. Ameren(IDC, LLC, in addition to any other
legal remedies it may have, including the termination of this Agreement, may demand in writing the
return of all of the grant funds, which the Grantee shall immediately repay to AmercnCDC, LLC. The
amount of such grlult fiutds to he repaid to AnicrenCDC, LLC shall not include funds needed to meet
obligations incurred by the Grantee to third parties, in good (bith, (br the purposes of the spccilic project
described above, prior to the Grantee's receipt of AnurenCDC, 1-,11"s written demand for repayment.
Finally, this agreement supersedes prior discussions or Agreements that may have existed between the
parties hereto, and may be modified onl by a written document signed by both parties.
_
_J,
President;XTeren Community Development ConipAny, LLC Date
Signature of Responsible 01'ficcr Date
Ms. Melva Fast
City of'Jefferson --Cole County
320 L.:. McCarty Street
JcfTerson City, M() 05101
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