HomeMy Public PortalAboutORD12606 i BILL NO. 97-8
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SPONSORED BY COUNCILMAN Nilges
ORDINANCE NO.-
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK INTO ENTER IN A DEVELOPMENT AGREEMENT WITH
IKON OFFICE SOLUTIONS,JEFFERSON CITY CHAMBER OF COMMERCE,AND COLE
COUNTY COMMISSION FOR THE PURPOSES OF DEVELOPING AN INDUSTRIAL
SITE, INCLUDING CONSTRUCTION OF LONDON WAY, A ROADWAY OFF
FAIRGROUND ROAD.
BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS
FOLLOWS:
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Section 1. The Mayor and City Clerk of the City of Jefferson, Misssouri, are
hereby authorized to enter into a Development Agreement with IKON Office Solutions,
Jefferson City Chamber of Commerce, and Cole County Commission for the purpose of !
developing an industrial site, including construction of London Way, a roadway off
Fairgrounds Road.
Section 2. The agreement nt shall be substantially the same in form and content as
that agreement attached hereto as Exhibit A.reeme
Section 3. This Ordinance shall be in full force and effect from and after the date of
its passage and approval.
Passed: l 7 Z
Approved:_
Presiding officer
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Mayor
ATTEST:
City Clerk"
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EXHIBIT "A"
TRACT I
Part of Lot 5 of "CAPITAL CITY INDUSTRIAL PARK', as per plat of
record in Plat Book 11, Page 170, Cole County Recorder's Office,
being a subdivision of part of the West Half of the Southwest
Quarter of Section 17 and part of the East Half of the Southeast
Quarter of Section 18, Township 44 North, Range 12 West, in the
City of Jefferson, Cole County, Missouri, more particularly
described as follows:
From the northeasterly comer of said Lot 5; thence S65'40'08"W,
along the northerly line of said Lot 5, 60.00 feet to the most
northerly corner of a tract described by deed of record in Book
375, page 316, Cole County Recorder's Office; thence along the
boundary of said tract the following courses: S2:'19'52"E, 723.65
feet; thence an a curie to the left having a radius of 50.00 feet,
on arc distance of 90.92 feet, (Chard S0747'53"E, 78.90 feet),
to the POINT OF BEGINNING for this description; thence on a curve
to the left having a radius of 50.00 feet, an arc distance of 30.79
feet, (Chord S7731'59"E, 30.30 'feet), thence on a curve to the
left having a radius of 1449,06 feet, an arc distance of 115.00
feet, (Chord 529'28'13"E, 114.97 feet), thence N70'01'24"W,
130.05 feet; thence leaving the boundary of said tract,
N30'06'25"E, 71.91 feet to the POINT OF BEGINNING.
TRACT II
Part of Lot 5 and part of Lot 6 of "CAPITAL CITY INDUSTRIAL PARK',
as per plat of record in Plat Book 11, Page 170, Cole County
Recorder's Office, being a subdivision of port of the West Half of
the Southwest Quarter of Section 17 and part of the East Half of
the'Southeast Quarter of Section 18, Township 44 North, Range 12
West, in the City of Jefferson, Cole County, Missouri, more
particularly described as follows:
BEGINNING at the northeaster) corner of said Lot 6• thence
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S65'40'08"W, along the northerly line of said Lot 6, 833.01 feet
to the southeasterly corner of said Lot 5; thence along the
easterly line of said Lot 5, on o curve to the right having a
radius of 1389.06 feet, on arc distance of 283.75 feet, (Chord
N32'17'4.2"W, 283.25 feet), to the right—of—way line of MAYTAG
DRIVE; thence westerly along said right—of—way, on a curve to the
right having a radius of 50.00 feet, an arc distance of 67.95 feet,
(Chord S45'53'55"W, 62.84 feet), to a point on the easterly line i.
of a tract described by deed of record in Book 375, page 316, Cole
County Recorder's Office; thence southeasterly, along the easterly
line of said tract, on a curve to the left having a radius of
1449.06 feet, an arc distance of 115.00 feet, (Chord S29'28'13"W,
114.97 feet) to the southeasterly corner of said tract; thence
N70'01'24"W, along the southerly line of said tract, 130.05 feet;
thence S11'46'47"W, 397.15 feet; thence S03'53'50"E, 313,43
i rA feet to a point on the southerly line of said Lot 6; thence
N84'46'08"E, along the southerly line of said Lot 6, 1166.16 feet
to the southeast corner thereof; thence N05'45'01"W, along the
easterly line of said Lot 6, 802.37 feet to the POINT OF BEGINNING.
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DEVELOPMENT AGREEMENT
THIS AGREEMENT is entered into this eday of , 1997,by and between
the City of Jefferson, Missouri, 320 East McCarty, Jefferson City, Missouri, 65101,a
municipal corporation, (herein referred to as "City"),and IKON Office Solutions Holding
Company,a Delaware Corporation authorized to do business in the State of Missouri, (herein
referred to as "Developer"),and Partnerships 2000, Inc.,a Missouri Corporation, (herein
referred to as "Partnership 2000"),and the Cole County Commissioners, (herein referred to a
"Cole County").
WITNESSETH:
WHEREAS, Developer is in the process of developing a tract of land described on
the attached Exhibit A which is attached hereto and incorporated herein by reference
(hereinafter referred to at the"IKON Site"; and
WHEREAS, Developer plans to operate a remanufacturing and distribution center on
the IKON Site which will provide new jobs and economic development for the City and for
Cole County; and
WHEREAS,as a result of said economic development impact,the State of Missouri
has approved a Community Development Block Grant (the "Grant")to be administered
through the City in the amount of Five Hundred Thousand Dollars ($500,000.00) to fund
certain areas of public infrastructure associated with the development of the IKON Site; and
WHEREAS, Subject to the terms of this Agreement,the City has allocated One
Hundred Ten Thousand Dollars ($110,000.00) to the aforesaid public infrastructure; Cole
County has allocated Seventy Thousand Dollars ($70,000.00) for said purposes, and
Partnership 2000 has allocated Twenty Thousand Dollars ($20,000.00) for said purposes
(hereinafter collectively referred to as "Funds"); and
WHEREAS, Partnerships 2000 has identified land in the area to be used as a borrow
area for the taking of dirt and materials to be used in the development of a City street to be
constructed adjacent to the IKON Site; and
WHEREAS, the parties hereto desire to set forth their rights, obligations, and
understandings relating to the development of the IKON Site, the associated public
infrastructure,and the use of the Grant funds and the City, Cole County, and Partnership 2000
finds;
NOW,THEREFORE,FOR GOOD AND VALUABLE CONSIDERATION, THE
PARTIES AGREE TO THE FOLLOWING:
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j ,,.__' 1• Construction of Public Infrastructure Associated with the IKON Site.
a. Public Storm Water Detention Basin. Developer shall contract for the
construction of a public storm water detention basin (the "Storm Water
Detention Basin") which shall he located and constructed according to the site
plan prepared by Central Missouri Professional Services, Inc. ("CMPS")dated
March 11, 1997, approved by the City March 13, 1997,referred to as Job No.
81099 (hereinafter referred to as the "Site Plan"). However, in the event that
unsuitable soil conditions are identified by Developer's engineers during the '
construction of the Water Detention Basin, said unsuitable soil shall be
removed by an excavator hired by the City to the extent required by City
engineers,and suitable soil or rock shall be filled by said excavator according
to the directions of said City engineers.
b. Other Public Storm Water Drainage Developer shall contract for the
construction of all other storm water drainage lines which are identified on the
Site Plan as running from the IKON Site either to the Storm Water Detention
Basin or to the City storm water sewer,drains or lines. As part of this
construction,increased sizing of specific storm water pipes is anticipated in
order to facilitate future public storm water drainage.
C. Extension of Water Main to IKON Site. Developer shall contract for the
construction of the extension of the Public Water District #1 water main to the
south property line of the IKON Site (the "Water Main"). The Water Main
shall be constructed in the location identified for it on the Site Plan.
d. Construction of City Street (London Way)and Associated City Improvements.
z Tle City shall contract for the construction of a City street known as London
Way, and associated City sanitary sewer, City storm water sewer and drainage,
and associated improvements all of which are set forth in and shall be in
accordance with the City Specifications and Contract Documents for Project
No. 10002, London Way (CDBG 96-ED-11), (herein referred to as "London
Way Project"). In the event that unsuitable soil conditions are identified by
City engineers during the construction of London Way on the IKON Site, on
City property, or on Partnerships 2000 property, which must be removed in the
opinion of City engineers in order to properly construct London Way,then said
unsuitable soil shall be removed by an excavator hired by the City to the extent
required by City engineers, and suitable soil or rock shall be filled by said
excavator according to the directions of said City engineers.
i. Excess Fill Dirt and Material from the IKON Site. Should there be any
excess fill dirt and fill material generated from the excavation of the
IKON Site by Developer's contractor,the Developer shall distribute said
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( dirt and material to the City's London Way Project for use by the City's
London Way Project contractor. Clearing and grubbing may be
required at the London Way Project by Developer's contractor before
dirt and fill material can be placed at the London Way Project. All
such fill work and clearing and grubbing shall be considered part of the
London Way Project.
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ii. Borrow Area for Construction of London Way Project. Partnerships
2000 shall provide land to be used as a borrow area to supply dirt and
fill material to be used in the London Way Project not to exceed five
(5) feet of dirt and material. The location of the Borrow Area shall be
that area described on the attached Exhibit B which is incorporated
herein by reference.
e. Construction of Sanitary Sewer Pump Station. The City shall contract for the
construction of a sanitary sewer pump station and the sewer mains and lines
that are necessary to run said pump station (excluding those sewer mains and
lines which are already contracted for as part of the London Way Project)
which shall service the IKON Site, the development to the south of the IKON
Site, known as Covington Gardens, and a part of the Capital City Industrial
Park. Said sanitary sewer pump station and necessary sewer mains and lines
shall hereinafter be referred to as the "Pump Station".
2. Payment of Grant. City and County Funds.
a. Developer shall be responsible for the cost of the design, site planning,and
construction of the projects referred to above in Subsections a through c of
Section 1 of this Agreement. However, in order to pay for said projects,
Developer shall be reimbursed or Funds shall be paid directly on Developers
behalf as follows:
i. The Funds necessary to pay for the cost of the construction of the
London Way Project as referred to above in Subsection d of Section 1
of this Agreement shall be paid at the direction of the City directly to
the City's contractor in compliance with the bid accepted by the City for
the London Way Project and any applicable change orders. Also, as
part of the London Way Project, Funds shall be paid directly to
Developer for the reimbursement of costs associated with the fill work
and grubbing and clearing referred to above in Subsection d,i of Section
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ii. Any Funds remaining after paying for the cost of the London Way
Project shall then be paid in the following order:
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(1) Directly to the City's excavator for the cost of removal of
unsuitable soil and the fill of suitable material as referred to
above in Subsection a of Section 1.
(2) Directly to Developer to reimburse it for its costs incurred in the
design, site planning, and construction of the projects referred to
in Subsections a,and c of Section 1.
(3) Directly to Developer to reimburse it for the additional cost to it
attributable to the oversizing of storm water drain pipes referred
to above in Subsection b of Section 1.
b. The City shall be solely responsible for all costs associated with the
construction of the Pump Station referred to above in Subsection a of Section 1
of this Agreement. However, in the event that there are any Funds remaining
after paying all of the costs referred to above in Subsection a of this Section
2,the parties agree that such surplus Funds shall be applied to the cost of the
Pump Station.
3. Limitation on the Use of Partnerships 2000 Funds and County Funds.
Notwithstanding any other provisions of this Agreement to the contrary, the
Partnership 2000 funds in the amount of$20,000.00 and $20,000.00 of the County's
allocated$70,000.00 shall not be used to pay for the costs of the projects as
�.� contemplated in Section 2,unless the total costs of said projects (excluding the City's
Pump Station) exceed Six Hundred Sixty Thousand Dollars ($660,000.00). In the
event that said costs do exceed$660,000.00, then the Partnership 2000 funds shall be
used first to pay said costs. In the event that costs remain after expenditure of the
Partnership 2000 funds,then the County's $20,000.00 shall be used to apply to the
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payment of said costs. All costs referred to in Section 2 that are in excess of the
Seven Hundred Thousand Dollars ($700,000.00) paid through the use of the Funds,
and which are the ultimate responsibility of Developer under this Agreement, shall be
the responsibility of Developer.
4. Use of City and Count�Codes and Specs. All construction identified in this
Agreement shall be constructed in compliance with applicable City and County codes
and specifications.
5. Maintenance and Ownership of Storm Water Detention Basin, The City agrees that it
shall maintain and repair all structural and performance aspects of the Storm Water
Detention Basin once construction is completed. It is the City's desire to work toward
the total dedication of the Storm Water Detention Basin to the City. Until such
dedication occurs, the landscaping and ground cover maintenance shall be the
responsibility of Developer or its successor in title to the IKON Site.
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6. Indemnification by DeveloMr.
j a. Effective upon the Execution Date,Developer shall fully indemnify, save and
hold harmless City, County, and Partnerships 2000 and its elected or appointed
officials, agents, servants, employees,officers and directors, from and against
any and all liabilities,obligations, damages,penalties, claims,costs, charges
and expenses,and any and all suits and proceedings in connection therewith,
including reasonable expert witness' and attorneys'fees,which mazy be imposed
upon or incurred by or asserted against City,County,or Partnerships 2000, its
elected or appointed officials,agents, servants,officers,directors,and
employees by reason of or arising in whole or in part from any of the
following or other actual or alleged matters,occurrences, events,transactions,
acts and omissions during the teem of this Agreement or any renewal thereof:
i. Any work done or action taken or permitted to be done or taken by
Developer,its sublessees, franchisees, licensees and its and their
respective agents, contractors, employees, servants,officers and
directors,and invitees in,on or about the construction of the Storm
Water Detention Basin and the Development of the IKON Site;
ii. Any use, no-use,possession, occupation, condition,operation,
maintenance or management of the Storm Water Detention Basin and
the IKON Site or any part thereof for which Developer is responsible
f for the operation, maintenance or management associated therewith for
which Developer or its sublessees, franchisers, licensees and its and
their respective agents, contractors, employees, servants,officers and
directors, is responsible;
iii. Any negligence or intentional act or omission on the part of Developer
or any of its sublessees,franchisees,licensees and its and their
respective agents, contractors,servants,employees,officers or directors;
iv. Any accident,injury or damage to any person or property occurring in,
on or about or arising from the construction of the Storm Water
Detention Basin and the IKON Site or any part thereof for which
Developer is responsible for the operation, maintenance or management;
V. Any failure on the part of Developer or its agents,contractors,
employees, servants, officers and directors, to perform or comply with
any of the covenants,agreements,terms, provisions, conditions or
limitations contained in this Development Agreement to be performed
or complied with by Developer; or
vi. Any obligation of Developer under workers'compensation laws or the
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•,� .' laws of the federal government or any state government as to any
w employee benefits or any employment related problems under ERISA,
or any other local,state or federal statutory liabilities of Developer.
b. In case any action or proceeding is brought against City, County,or
Partnerships 2000 by reason of any such claim,Developer upon written notice
from City, County or Partnerships 2000 shall at Developer's sole cost and
expense,resist and defend such action or proceeding.
• 7. Indemnification by City.
a. City shall fully indemnify, save and hold harmless Developer,County,and
Partnerships 2000 and its agents, contractors, employees, servants, officers and
directors,from and against any and all liabilities, obligations, damages,
penalties,claims,costs, charges and expenses, and any and all suits and
proceedings in connection therewith, which may be imposed upon or incurred
by or asserted against Developer, County,and Partnerships 2000,its said
agents, servants,officers, directors and employees by reason of or arising in
whole or in part from any of the following or other actual or alleged matters,
occurrences, events,transactions, acts and omissions during the Term of this
Agreement or any renewal or extension thereof.
/ i. Any work done or action taken by City,its agents, servants,employees
or officials in, on or about the London Way Project or Storm Water
Detention Basin or in connection therewith;
ii. Any negligent or intentional act or omission on the part of City, its
agents, servants,employees or officials;
iii. Any failure on the part of City, its agents, servants,employees or
officials to perform or comply with any of the covenants,agreements,
terms,provisions, conditions or limitations contained in this
Development Agreement, to be performed by or complied with by City;
and
iv. Any obligation of City or City's contractors or subcontractors under
workers' compensation laws,or the laws of the federal government or
any state government as to any employee benefits or any employment
related problems under ERISA or any other statutory liabilities,local,
state or federal.
V. In case any action or proceeding is brought against Developer, County,
or Partnerships 2000 by reason of any such claim, City, upon written
notice from Developer, County,or Partnerships 2000 shall, at City's sole
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cost and expenses, resist and defend such action or proceeding;
M vid , however, that City shall not be responsible or liable to
Developer or to those claiming by,through,or under Developer or be
required to protect, defend, indemnify or hold Developer or any such
person or entities harmless from any loss or damage which may be
occasioned by or through Developer or others (including Developer's
business invitees), as a result of the occupancy or use of the IKON Site,
or any damage or injury of any nature whatsoever, including, without
limitation, any loss or damage which arises from any defect in or failure t
of or danger in connection with the IKON Site or any improvement
thereon or adjacent thereto, or any utility or other service furnished in
connection therewith except as to conditions which are proved to have
existed and been present thereon prior to the Execution Date and
unknown to Developer or its officers, agents and employees prior to
discovery thereof after the Execution Date. Except as specifically
described herein, Developer shall use and occupy the IKON Site and all
parts thereof and make same available to it business invitees and others
at Developer's risk and at no risk or liability to City.
8. Agreement Binding Upon Successors and Assigns. The provisions of this Agreement
shall be binding upon and inure to the benefit of the parties hereto, their successors,
and assigns,and legal representatives.
9. Headines. The headings in this instrument have been inserted for convenience or ,
reference only and shall in no way modify or restrict any provision hereof,or be used
to construe any such provisions.
10. Modifications in Writing. This Agreement may not be changed or modified, either in
whole or in part, except by initialling changes herein or by an agreement in writing
signed by all parties hereto.
11. Severability. If any provision of this contract sliall for any reason be held invalid,
then the invalidity of such specific provision shall not be held to invalidate any other
provisions of this contract which shall, thereof, remain in full force and effect.
12. Waiver. No action taken pursuant to this Agreement, including,but not limited
to,any investigation by or on behalf of any party, shall be deemed to constitute a
waiver by the party taking such action of the complete compliance with
representations, warranties,covenants or agreements contained herein. No waiver,
modification,or change shall be binding unless in writing and signed by the party
making the waiver. A waiver by any party hereto of a breach of any provision of this
Agreement shall not operate or be construed as a waiver of any subsequent breach.
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13. Counterparts. This Agreement may be executed in any number of counterparts, each
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x. of which,when executed and delivered, shall constitute an original; provided,
hE however,that all such counterparts shall constitute one and the same instniment.
IN WITNESS WHEREOF, THE PARTIES HERETO EXECUTE THIS AGREEMENT
THE DATE FIRST WRITTEN ABOVE.
CITY OF JEFFERSON, MISSOURI
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BY: G " Attested By go� `
D ANE E. SCHREIMANN, MAYOR Phyllis Powell,City Clerk
COLE COUNTY COMMISSION Appro, as rm:
BY: Ctty Counselor
BY: J
BY: Attested By:
Bill Deeken,County Clerk
,ham
IKON Ok CE SOLUT ONS HOLDING COMPANY
BY:
HALLIE H. GIBIB $t x�-
EXECUTIVE VICE PRESIDENT
PARTNERSHIPS 8000, INC.
BY: -�--�
TITLE:
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..+� MISSOURI DEPARTMENT OF ECONOMIC DEVELOPMENT
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
FUNDING APPROVAL
under Title I of the Housing and Community De Aelopmcnt Act of 1974(Public Law 93.383)as amended
1. NAXIL AND ADDRESS OF GRANTEE 10. PROJECT DESCRIPTION(indicate specific scope ofeach activity
City of Jefferson regardless of funding source)
Cole County IKON Office Solutions is constructing a re-
320 E.McCarty manufacturing facility in Jefferson City.
Jefferson City,MO 65101 `• '
2. PROJECT NUMBER 3. SEN.DIST, REP.DIST. 1
96-ED-11 6 114
4. POPULATION !. NO.OF BENEFICIARIES
35,000 100 jobs
6.GRANT AWARD DATE 7• GRANTEE FYE DATE
03/10/97 10131100
8. MAXIbIMI CDBG GRANT ANIOUNT AWARDED PRIVATE INVESTMENT RELEASE:2/27/97
5500,000 j
9.APPROVED ACTIVITIES,COSTS,AND FUNDING STRATEGY NATIONAL OBJECTIVE: LMI
NAR:02/03/97 LMI PERSONS: 51,0% LMI FAMILIES: NA
REQ. MATCHING FUNDS
ACT. ENV. CDBG RECIPIENT OTHER
PROGRAM ACTIVITY NO. REV.(I) TOTAL. FL04DS(2) CASH IN-KIND PRIVATE STATE(FED
DB-Street 13 Yes S 460,000 S 460,000
DB-Storm Sewer 11 Yes S 50,000 50,000
DB-Sanitary Sewer 10 Yes S 70,000 70,000
DB-Water Lines 9 Yes S 42,000 42,000
Engineering Design 36 No S 40,000 40,000
Administration 35 No S 10,000 10,000
Building Construction 51 Yes S 1,500,000 1,500,000
Machinery/Equipment 52 Yes S 1,000,000 1,000,000
Dinds Bacon applies tthere specified by the initials DB
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TOTAL S 3,172,000 S 500,000 S 162,000 S 10,000 S 2500,000
(1)Funds for activities that are conditioned subject to an environmental review may not be incurred or obligated until a written"Notice of Removal of Orant Conditions"
is issued by DED.
(2)This column represents the maximum amount of CDBG funds approved for each activity,except that the grantee may transfer funds between activities An amount not to
. exceed 510,000 or 10 96 of the total CDBG allocation•whichever is less,except that administration.audit,and engineering costs may not exceed the indicated totals.
PAVtF.D BY DATE
Tory McGowan 3/10/97
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GRANT AGREEMENT
(DED Fort GA-96)
STATE OF MISSOURI
DEPARTMEN-Y OF ECONOMIC DGvEl.o MENT
�• � 4j ITA, COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
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This grant agreement is made by and between the State of Missouri,Department of Economic Development(DED),herein called"the Stale"or
"DED",and the City of.refferson Cltv herein called the Grantee,pursuant to the malnority of Title i of the I fousiliv and Community Development
Act of 1974(Public Law 93.383),as amended,herein referred to as"•lltc Act"and commonly referred to as the Community Development Block
Grant Program (CD13G). the Grantee's submissions (including "Assurances") torn CDBG assistance, Dcpartownt of ifousing and Urban
Development(i IUD)regulations at 24 CI'R Part 570,the Slate's FY-96"Consolidated Plan",the Stales FY-96 CDBG Administrative Manual and
die State's FY-96 CDBG Program Guidelines(as now in effect and as may,be amended from time to time),which are incorporated by reference,
together with the DED Funding Approval form,and any special conditions,which are hereto attached,constitute part of this Agreement.
In reliance upon and in consideration of file mutual representations and obligations hereunder,the State and the Grantee agree as follows: i
(1) Subject to One provisions of this Grunt Agreement,the Slate will make the funding assistance for Federal fiscal year 1996 specified in the
attached DED Funding Approval form available to the Grantee upon execution of the Agreement by die parties. The obligation and i
utilization of the funding assistance provided is subject to the requirements for a release of funds by the State under the Environmental
Review Procedures at 24 CPR Part 58 for any activities requiring such release.
(2) The Grantee agrees to assume all of the responsibilities for environmental review,decision making and actions,as specified and required in
Section 104(8)of the Act and published in 24 CFR Part 58.
(3) The Grantee agrees to comply with all applicable requirements of Titles iI and 111 of the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970(42 U.S.C.4601),Sections 104(d), 104(k)and 105(axl 1)of•the Act.
(4) The Grantee agrees to accept responsibility for adherence to this Agreement by subrccipient entities to which it makes funding assistance
available.
� 5) The Grantee agrees that any and all such amount of local funds or in-kind(force account)services or materials indicated in the attached
Funding Approval form shall be equal to or greater than the amount indicated.
(6) The Grantee agrees that any proposed construction-related activity budget variances(from the Funding Approval form)in excess of 10%of
the amount of this Agreement or 310,000(whichever is a lesser amount)shall be approved by DED in writing prior to an obligation of
funds for such activity,however,any variance shall be approved by the Grantee's governing body in advance of an obligation of such
activity. No variance is allowed for non-construction activities such as administration,engineering,audit,and inspection,unless approved
by DED.
(7) The Grantee agrees to complete the project in its entirely as indicated in the Funding Approval font unless amended in writing by
agreement of all parties.
(8) The Grantee agrees that any CDBG funds remaining from the allocation indicated in the Funding Approval form aller the project has been
completed shall be returned to DED if they have been drawn to the Grantees local depository,or cancelled if such funds have not been
drawn.
(9) The Grantee agrees to comply with OMB Circular A-128,which governs the auditing requirements of these grant monies in accordance
with the Single Audit Act of 1984,and to provide DED with all required audits.
(10) line Grantee agrees that State and HUD ollicials shall have full access to any documents or materials relating to this Agreement at any
reasonable lime.
(11) The Grantee agrees that all funds received under this Agreement shall be held and used by the Grantee for the purpose of accomplishing the
project only and none of the funds so held or received shall be diverted to any other use or purpose.
(12) The Grantee agrees that any material prepared by the Grantee or persons or firms employed or contracted by the Grantee shall not be
I subject to copyTight,and the State shall have the unrestricted authority to publish,disclose,distribute or otherwise use,in whole or in part,
any reports,data or other material prepared under this agreement.
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(13) The Grantee agrees to comply with the terms of the DED conflict of interest policy.
The Grantee agrees that any approval of contracts,sub-contracts,material or service orders,or any other obligation by the Grantee or its
agents shall not be deemed an obligation by the State,and the State shall not be responsible for fulfillment of the Grantee's obligations.
(15) The Grantee agrees to comply with the citizen participation requirements set out in Section 104(x)of the Act,including the States written
Citizens Participation Plan in accordance with Section 508 of the I lousing and Community Development Act of 1987.
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(16) The Grantee agrees to adopt and enforce a policy prohibiting the use of excessive force bylaw enforcement agencies within its jurisdiction
against any individuals engaged in nonviolent civil rights demonstrations in accordance with Section 519 of Public Law 101.144 and also
•„ agrees to enforce applicable State and local laws against physically barring entrance to or exit from a facility or location which is the
subject of such non-violent civil rights demonstrations within itsjudsdiction.
(17) Any Grantee receiving over 5100,00( in CDBG funds agrees to carry out the terms of the "Certification Regarding Government-WidlY"•4l)
Restriction on Lobbying"attached hereto and made a part hercef by signing sane. ( ]
(18) The Grantee agrees to comply with the policies and procedures set forth in Executive Order 96.03 for the protection of Missouri's wetlands.
(19) In the event that the Slate or an audit has determined that the Grantee has failed to comply with this Agreement,the Grantee shall perform
remedial actions to correct the deficiencv,as determined by the State which may include:
(a) Repayment or reimbursement of CDBG funds spent inappropriately to the State or the local CDBG fund(at DED's discretion);
" (b) The return of CDBG funds deposited at the Grantee's local financial institution to the Stale;
(c) T he return of any equipment,materials or supplies purchased,leased or lease purchased using CDBG funds to DED or the supplier,
(d) Other actions as the State deems appropriate.
Such actions shall ba performed by the Grantee in the time period specified by the State in writing to the Grantee. Time State may refuse
requests for CDBG funds by the Grantee or other actions as the State deems appropriate to ensure proper performance le the terms re this
agreement.
(20) The State may terminate this agreement in whole or in part,at any time before the date of completion,whenever it is determined by the
State that the Grantee has failed to comply with the conditions of this Agreement. The State shall notify the Grantee in writing of the
determination and the reasons for the termination,together with the effective date. The Grantee shall not incur new obligations for the
terminated portion atler the effective dale of the revocation of the Agreement,and it shall be the Grantee's duty to cancel all outstanding
obligations that are legally possible.
(21) The State and Grantee each binds himself to his successors,executors,administrators,assigns and legal representatives to the other party to
this Agreement and to the successors,executors,administrators,assigns and legal representatives of such other
covenants,agreements,and obligations of this agreement. PAY, respect to all
(22) The State agrees that it may at any lime, in its sole discretion, give any consent, deferment, subordination, release, satisfaction, or
termination of any or all of the Grantee's obligations under this Agreement,with or without valuable consideration,upon such terms and
conditions as the State may determine to be(a)advisable to further the purpose of the project or to protect the State's fmancial interest
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therein,and(b)consistent with both the statutory purposes of the grant and the limitations of the statutory authority under which it was,
made. J
IN WITNESS WHEREOF,the parties hereto have made and executed this Agreement as of the day and vcar indicated in the Funding Approval` !
form.
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GRANTEE(CITYNILLAGE/COUNTY): STATE OF MISSOURI
TYPED NAME: Duane Schreimann TYPED NAME; l
SIGNATURE_ ��`uf. �c.C�c.c-u�.._- E �G�i 7 SIGNATURE • � '
CHIEF EXECUTIVE OFFICER DATE DIRECTOR,DEPAI -N Of DA
(City Mayor,Village Board Chairman,or ECOMOMIC DEVEL PMENT
Presiding Countv Commissioner)
TYPED NAM Phyllis Powell
SIGNATt ,lt•�
J ATTEST(City,Village,or County Clerk,or' DATE
J other official of the Grantee)
NOTE: THE GRANTEE'S SEAL MUST BE AFFIXED OVER THE GRANTEE'S SIGNATURES. IF NO SUCH SEAL EXISTS, IT
MUST BE PROPERLY NOTARIZED. THREE COPIES WITH ORIGINAL AND TYPED SIGNATURES ARE REQUIRED.
(Page 2 oft)
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