4344 Requested by: John Greifzu Sponsored by: Council as a Whole

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1 Bill No Requested by: John Greifzu Sponsored by: Council as a Whole Ordinance No. AN ORDINANCE AUTHORIZING THE COUNTY EXECUTIVE TO EXECUTE AN AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT WITH THE CITY OF WENTZVILLE THAT EXTENDS THE COMPLETION DATE OF THE CONSTRUCTION OF THE LOGISTICS OPTIMIZATION CENTER THAT WILL SUPPLY AUTO PARTS AND PROVIDE OTHER SERVICES TO THE WENTZVILLE GM PLANT Ordinance requires that the County Executive, in consideration of the recommendations of the Road Board, submit a three-year Transportation Improvement Plan to the County Council; and the Transportation Improvement Plan sets forth the commitment of the Transportation Sales Tax Fund to projects for these years and includes funds for road improvements needed to support economic development; and North Point Development, a Kansas City based real estate development, management and leasing firm, plans to construct a 1.3 million sq. ft. logistics optimization center ( LOC ) in Wentzville; and it is anticipated that 800 people will be employed at North Point LOC in Wentzville; and the road improvements needed to support this economic 1

2 development project include a construction of a new road between Route A and Pearce Boulevard, installation of a signal at the intersection of Route A and Westgate Business Court, and improvements at the Route A interchange at I-70; and the road improvements are estimated to cost $5,836,000; and the City of Wentzville submitted an application to the Road Board for the road improvements outlined above and cost participation by the County from its Transportation Sales Tax Fund in the amount of $2,918,000 million; and the Road Board on May 6, 2015 meet to discuss the project and voted to recommended this project to the County Council and County Executive; and on May 26, 2015, the County Council approved Bill Number 4221 (Ordinance No ) that authorized the County Executive to execute an intergovernmental agreement with the City of Wentzville for the road improvements; and the contract attached to Ordinance No included an automatic termination condition that required that the Logistic Operation Center be constructed by December 31, 2016; and NorthPoint Development has requested that the completion date be extended to December 31, 2017; and it is necessary for St. Charles County to enter into an 2

3 appropriate amendment of the intergovernmental agreement with the City of Wentzville for road improvements needed to support the operations of the new LOC. NOW, THEREFORE, BE IT ORDAINED BY THE COUNTY COUNCIL OF ST. CHARLES COUNTY, MISSOURI, AS FOLLOWS: Section 1. Section 2. Section 3. Section 4. The County Executive is hereby authorized to execute the amendment to intergovernmental agreement as herein set forth herein and substantially the same in form and content as Exhibit A. Compliance with all the terms of the agreements authorized by this ordinance shall be the responsibility of the Transportation Director. Failure of the County Council to appropriate funds in a fiscal year will automatically terminate an agreement at the point that the appropriation is not passed. This ordinance shall be in full force and effect from and after the date of its passage and approval. Each agreement with another political subdivision shall be valid upon passage of an authorizing ordinance or resolution of the governing body of that political subdivision, as required by Chapter 70 of the Revised Statues of the State of Missouri. DATE PASSED DATE APPROVED BY COUNTY EXECUTIVE 3

4 CHAIR OF THE COUNCIL COUNTY EXECUTIVE ATTEST: COUNTY REGISTRAR Transportation.NorthPoint Development Road Improvements.5-16.B 4

5 AGREEMENT BY AND BETWEEN ST. CHARLES COUNTY AND THE CITY OF WENTZVILLE TO AMEND THEIR CONTRACT FOR USE OF SAINT CHARLES COUNTY TRANSPORTATION SALES TAX FUNDS FOR ROAD IMPROVEMENTS NEEDED TO SUPPORT THE NORTHPOINT DEVELOPMENT PROJECT IN WENTZVILLE This Agreement is made by and between ST. CHARLES COUNTY, MISSOURI, (hereinafter County ) and the CITY OF WENTZVILLE, MISSOURI, a municipal corporation, (hereinafter Municipality ), pursuant to Section R.S.Mo., to amend the Contract by and between the County and the Municipality for use of Saint Charles County Transportation Sales Tax Funds for road improvements needed to support the operation of a new logistics optimization center that will supply auto parts and provide other services to the Wentzville General Motors Plant, executed contemporaneously herewith. Whereas, the Municipality and County have executed a cost share agreement authorized by County Ordinance No that outlines a funding partnership and project schedule (the Contract ); and Whereas, except as set forth below by the amendments herein, the terms, conditions and project scope shall remain the same as set out in the Contract executed contemporaneously herewith. NOW THEREFORE, in consideration of the above premises and the mutual covenants herein contained, and other good and valuable consideration, the parties agree as follows: Section 1. Section 2. The parties agree and understand that contemporaneously herewith they are duly executing a Contract by and between the County of St. Charles and the City of Wentzville for use of St. Charles County Transportation Sales Tax Funds for road improvements needed to support the operation of a new logistics optimization center that will supply auto parts and provide other services to the Wentzville General Motors Plant (the Contract ). The parties hereby amend Section One of the Contract mentioned above to read as follows (added text in bold type, deleted text in [bracketed and stricken type]). The County Executive has been authorized by Ordinance - to execute this agreement with the Municipality for the use beginning in fiscal year 201[5]6 of St. Charles County Transportation Sales Tax funds for road improvements needed to support the NorthPoint Development project in Wentzville in an amount not to exceed $2,918,000. Section 3. The parties hereby amend Section Eight of the Contract mentioned above to read as follows (added text in bold type, deleted text in [bracketed and stricken type]). Subject to the force majeure provision of this agreement stated in Section Nine below, this agreement terminates automatically should the construction of a Logistics Optimization Center substantially similar to that shown in the funding application dated April 29, 2015 and attached hereto as Exhibit A not be completed on or before December 31, 201[6]7. Construction of such facility shall be considered to be complete on the date the City of Wentzville issues a Certificate of Occupancy for the facility. 1

6 IN WITNESS WHEREOF, the parties hereto have executed this agreement on the date last written below. Executed by the County this day of, 2016 Executed by the Municipality this day of, 2016 CITY OF WENTZVILLE, MISSOURI ST. CHARLES COUNTY, MISSOURI By By Title Title Attest: City Clerk CERTIFICATE OF DIRECTOR OF FINANCE I certify that there is a balance otherwise unencumbered to the credit of the appropriation to which this contract is chargeable, and a cash balance otherwise unencumbered in the treasury to the credit of the fund from which payment is to be made, each sufficient to meet this obligation. SIGNED: Bob Schnur, Director of Finance DATED: 2

Requested by: John Greifzu Sponsored by: Council as a Whole

Bill No. Requested by: John Greifzu Sponsored by: Council as a Whole Ordinance No. AN ORDINANCE AUTHORIZING THE COUNTY EXECUTIVE TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT WITH THE CITY OF WENTZVILLE FOR