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2001
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6301
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Last modified
12/6/2004 2:49:03 PM
Creation date
11/5/2014 12:22:51 PM
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City Ordinances
Passed
5/21/2001
Ordinance Number
6301
Bill Number
8525
Introdate
5/7/2001
Description
Authorizing City Manager to execute agreement with Mo. Highways and Transportation Commission for grant funds for transportation enhancement activities on Olive Blvd
Introduced By
City Council
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(7) ASSIGNMENT: The City shall not assign, transfer or delegate any <br />interest in this Agreement without the prior written consent of the Commission. <br /> <br /> (8) LAW OF MISSOURI TO GOVERN: This Agreement shall be construed <br />according to the laws of the State of Missouri, The City shall comply with all local, state <br />and federal laws and regulations relating to the performance of this Agreement, <br /> <br /> (9) CANCELLATION: The Commission may cancel this Agreement at any <br />time for a material breach of contractual obligations by providing the City with written <br />notice of cancellation. Should the Commission exercise its right to cancel this <br />Agreement for such reasons, cancellation will become effective upon the date specified <br />in the notice of cancellation sent to the City. <br /> <br /> (10) ACCESS TO RECORDS: The City and its contractors must maintain all <br />records relating to this Agreement, including but not limited to invoices, payrolls, etc. <br />These records must be available at no charge to the FHWA and the Commission and/or <br />their designees or representatives during the period of this Agreement and any <br />extension, and for a period of three (3) years after the date on which the City receives <br />reimbursement of their final invoice from the Commission. <br /> <br /> (11) ACQUISITION OF RIGHT OF WAY: With respect to the acquisition of <br />right of way necessary for the completion of the project, the city shall acquire any <br />additional necessary right of way required for this project and in doing so agrees that it <br />will comply with alt applicable federal laws, rules and regulations, including 42 U.S.C. <br />§4601-§4655 (Public L. 91-646, 84 Stat. 1894, the Uniform Relocation Assistance and <br />Real Property Acquisition Act of 1970), and any amendments or regulations <br />promulgated pursuant. However, upon written request by the City and written <br />acceptance by the Commission, the Commission shall acquire right of way for the City. <br />Upon approval of all agreements, plans and specifications by the Commission and the <br />FHWA, the Commission will file copies of said plans in the office of the County Clerk of <br />Missouri, and proceed to acquire by negotiation and purchase or by condemnation any <br />necessary right of way required for the construction of the improvement contemplated <br />herein. All right of way acquired by negotiation and purchase will be acquired in the <br />name of the city, and the City will pay to the grantors thereof the agreed upon purchase <br />prices. All right of way acquired through condemnation proceedings will be acquired in <br />the name of the State of Missouri and subsequently released to the City. The City shall <br />pay into court all awards and final judgments in favor of any such condemnees. The <br />City shall also reimburse the Commission for any expense incurred by the Commission <br />in acquiring said right of way, including but not limited to the costs of surveying, <br />appraisal, negotiation, condemnation, and relocation assistance benefits. Unless <br />otherwise agreed to in writing, the Commission shall have the final decision regarding <br />the settlement amount in condemnation. <br /> <br /> (12) MAINTENANCE OF DEVELOPMENT: The City shall maintain the herein <br />contemplated improvements without any cost or expense to the Commission. All <br /> <br />-4- <br /> <br /> <br />
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