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HomeMy WebLinkAboutOrd.4840.04-18-16 BLL NO. 16-68 ORDINANCE NO. 1.---VO O AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A SUPPLEMENTAL DIRECT LOAN AGREEMENT AND PROMISSORY NOTE WITH THE MISSOURI TRANSPORTATION FINANCE CORPORATION, FOR THE SOUTH SPRIGG STREET BRIDGE PROJECT, IN THE CITY OF CAPE GIRARDEAU, MISSOURI NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS : Article 1 . The City Manager is hereby authorized and directed to . execute; on behalf of the City, a Supplemental Direct Loan Agreement and Promissory Note, through the State of Missouri Direct Loan Program for the South Sprigg Street Bridge Project, and the City Clerk is hereby authorized and directed to attest to said document and to affix the seal of the City thereto. Article 2 . This Ordinance shall be in full force and effect 10 days after its passage and approval .X PASSED AND APPROVED THIS lv day of ), i , 2016 . 61Lasfle Harry E. Rediger, Mayor (SEAL) ATTEST: — winF i;� D�4,,, aaese, n t f� 3410 o Bruce Taylo Deputy City Clerk �, qt rJ act It ><s CCO Form: FS03-SUP Approved: 01/15 (AR) Revised: 01/15 (AR) Modified: MISSOURI TRANSPORTATION FINANCE CORPORTATION FIRST SUPPLEMENTAL DIRECT LOAN AGREEMENT AND PROMISSORY NOTE THIS FIRST SUPPLEMENTAL DIRECT LOAN AGREEMENT AND PROMISSORY NOTE (hereinafter, "First Supplemental Agreement") is entered into by the Missouri Transportation Finance Corporation (hereinafter, MTFC), Missouri Highways and Transportation Commission (hereinafter, "Commission") and the City of Cape Girardeau (hereinafter, "City"). WITNESSETH: WHEREAS, on November 2, 2015 the MTFC, the Commission and the City entered into a Missouri Transportation Finance Corporation Direct Loan Agreement and Promissory Note as to public improvements for the purpose of replacing a city bridge on South Sprigg Street in the City of Cape Girardeau, Cape Girardeau County, Missouri; which was damaged by a sinkhole, (hereinafter, "Original Agreement"); and - WHEREAS, the MTFC, the Commission and the City now desire to revise the Original Agreement as provided in this First Supplemental Agreement. NOW, THEREFORE, in consideration of the mutual covenants, promises and representations contained herein, the parties agree as follows: C (1) REVISION TO PARAGRAPH (10) OF THE ORIGINAL AGREEMENT: Paragraph (10) of the Original Agreement and Form 8038-G referenced in said Paragraph (10) as attached to the Original Agreement as Exhibit A, are hereby removed in their entirety. In the place of the Paragraph (10) the following is inserted: (10) RESERVED — Paragraph Intentionally Left Blank - (2) ORIGINAL AGREEMENT: Except as otherwise modified, amended, or supplemented by this First Supplemental Agreement, the Original Agreement between the parties shall remain in full force and effect and shall extend and apply to this First Supplemental Agreement as if fully written in this First Supplemental Agreement. [Remainder of Page Intentionally Left Blank.] IN WITNESS WHEREOF, the parties have entered into this First Supplemental . Agreement on the date last written below. Executed by the City this day of , 2016. Executed by the Commission this day of , 2016. Executed by the MTFC this day of , 2016. • MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION CITY OF CAP G1 RDEAU By Xi , Title: Title: 'gi ��1/ 0! I r I ATTEST: ATTEST: A By Ate. ,. _ __j, Secretary to the Commission Title ,i , i . MISSOURI TRANSPORTATION -411;i6E•Q ,,, FINANICE CORPORATION '4E' iAT v ,,Aegt % o: i L. C1 r���SA- .0 Title P� tr. • ATTEST: '••%.0 zits . , - Secretary to the Missouri Transportation ' ..,,* ' ' Finance Corporation ,, Approved as to Form: Approved as to Form: Commission Counsel Title: U / `,1 Ordinance No.:�1/4`7v