RESOLUTION NO. 10-009 A RESOLUTION OF THE OLIVE BOULEVARD TRANSPORTATION DEVELOPMENT DISTRICT APPROVING WRITTEN REQUEST NO.37 FOR DISBURSEMENT FROM THE PROJECT ACCOUNT OF THE PROJECT FUND IN THE AMOUNT OF $14,761.20; AND AUTHORIZING CERTAIN ACTIONS IN CONNECTION THEREWITH WHEREAS, the Olive Boulevard Transportation Development District (the "District') is a transportation development district and political subdivision duly organized and validly existing under the Constitution and laws of the State of Missouri; and WHEREAS, the District is authorized and empowered under the Missouri Transportation Development District Act, Sections 238.200 to 238.275, inclusive, of the Revised Statutes of Missouri, as amended (the "TDD Act"), to fund, promote, plan, design, construct, improve, maintain, and operate certain transportation improvements, or to assist in any such activity; and WHEREAS, on September 9, 2004, the Circuit Court of St. Louis County, Missouri entered a Judgment and Order Organizing a Transportation Development District (the "Order") establishing the District as a political subdivision pursuant to and in accordance with the TDD Act for the sole purpose of funding the Transportation Project, as described in the Order; and WHEREAS, on July 7, 2005, the District issued $5,090,000 Transportation Sales Tax and Special Assessment Revenue Bonds, Series 2005 (the `Bonds"), which Bonds are secured by a Trust Indenture dated as of June 1, 2005, as amended by that First Supplemental Trust Indenture dated as of November 1, 2007 (as amended, the "Indenture"), between the District and UMB Bank, N.A., as trustee (the "Trustee"); and WHEREAS, pursuant to the Indenture, the proceeds of the Bonds shall be used, in part, to pay costs of operating the District, maintaining the Transportation Project, paying the principal of or interest on the Bonds or any other lawful purpose of the District; and WHEREAS, pursuant to Section 405 of the Indenture, the District desires to submit a Written Request for Disbursement from the Project Account of the Project Fund for costs incurred in connection with the Primary Transportation Project (as defined in the Indenture). NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE OLIVE BOULEVARD TRANSPORTATION DEVELOPMENT DISTRICT, AS FOLLOWS: Section 1. Definitions. All capitalized terms not elsewhere defined herein shall have the meanings set forth in the Indenture. Section 2. Approval of Written Request for Disbursement from the Project Account of the Project Fund. The District hereby approves the Written Request No. 37 for Disbursement from the Project Account of the Project Fund ("Disbursement Request") in the amount of $14,761.20, as set forth as Exhibit A, attached hereto and incorporated herein by reference. Section 3. Execution of the Disbursement Request. The Chairman of the District, as the Authorized District Representative, is hereby authorized and directed to execute and deliver the Disbursement Request for and on behalf of and as the act and deed of the District.
Section 4. Payment of Transportation Project Costs. The District shall submit the Disbursement Request to the Trustee for payment of those invoices identified in the Disbursement Request. Section 5. Further Authority. All actions heretofore taken by the authorized representatives, agents and employees of the District in connection with the transaction contemplated by this Resolution are hereby ratified and confirmed, and the District shall, and the representatives, agents and employees of the District are hereby authorized and directed to, take such further action, and execute and deliver such other documents and instruments as may be necessary or desirable to carry out and comply with the intent of this Resolution, and to carry out, comply with and perform the duties of the District with respect to the Disbursement Request. Section 6. Severability. The sections, paragraphs, sentences, clauses and phrases of this Resolution shall be severable. In the event that any such section, paragraph, sentence, clause or phrase of this Resolution is found by a court of competent jurisdiction to be invalid, the remaining portions of this Resolution are valid, unless the court finds the valid portions of this Resolution are so essential to and inseparably connected with and dependent upon the void portion that it cannot be presumed that the District has enacted the valid portions without the void ones, or unless the court finds that the valid portions, standing alone, are incomplete and are incapable of being executed in accordance with the legislative intent. Section 7. Governing Law. This Resolution shall be governed exclusively by and construed in accordance with the applicable laws of the State of Missouri. Section 8. Effective Date. This Resolution shall take effect and be in full force upon its adoption by the Board of Directors of the District. Passed thi th day of June, 2010. I, the undersigned, Chair of the Olive Boulevard Transportation Development District, hereby certify that the foregoing Resolution w duly adopted by the Board of Directors of the District at a meeting held, after proper notice, on June, 2010. OLIVE BOULEVARD TRANSPORTATION DEVELOPMENT DISTRICT F.,AL - Chair, Board of Directors ' ITSSiny hand and official seal thiso p - day of June, 2010. ATTEST: Secretary, Board of Directors
EXHIBIT A WRITTEN REQUEST NO.37 FOR DISBURSEMENT FROM THE PROJECT ACCOUNT OF THE PROJECT FUND (Attached hereto.)
REQUEST FOR DISBURSEMENT FROM PROJECT FUND Request No. 37 Date: June 8, 2010 WRITTEN REQUEST FOR DISBURSEMENT FROM THE PROJECT FUND OLIVE BOULEVARD TRANSPORTATION DEVELOPMENT DISTRICT (CREVE COEUR, MISSOURI) TRANSPORTATION SALES TAX AND SPECIAL ASSESSMENT REVENUE BONDS SERIES 2005 To: UMB Bank, N.A., as Trustee 2 South Broadway, Suite 435 St. Louis, Missouri 63102 Attention: Corporate Trust Department as Trustee under the Trust Indenture dated as of June 1, 2005, from the Olive Boulevard Transportation Development District to said Trustee (the "Indenture") Pursuant to Section 405 of the Indenture, the Olive Boulevard Transportation Development District (the "District") requests payment from the Project Account of the Project Fund in accordance with this request and said Section 405 of the Indenture and hereby states and certifies as follows: The date and number of this request are as set forth above. 2. All terms in this request shall have and are used with the meanings specified in the Indenture. 3. The names of the persons, firms or corporations to whom the payments requested hereby are due, the amounts to be paid and the general classification and description of the costs for which each obligation requested to be paid hereby was incurred are as set forth on Attachment I hereto. 4. These costs have been incurred and are presently due and payable and are reasonable costs that are payable or reimbursable under the Indenture and each item thereof is a proper charge against the Project Fund. 5. Each item listed above has not previously been paid or reimbursed from moneys in the Project Fund and no part thereof has been included in any other Disbursement Request previously filed with the Trustee under the provisions of the Indenture or reimbursed from Bond proceeds. 6. There has not been filed with or served upon the District any notice of any lien, right to a lien or attachment upon or claim affecting the right of any person, firm or corporation to receive payment of the amounts stated in this request. 7. All work for which payment is now or has heretofore been requested has been performed in accordance with the plans and specifications for the Primary Transportation Project. 8. With regard to a request for payment from the Project Account of the Project Fund, lien waivers for costs for which payment is hereby requested have been received and are on file with the District. OLIVE BOULEVARD TRANSPORTATION DEVELOPMENT DISTRICT By: Authorized District Representative
ATTACHMENT I WRITTEN REQUEST FOR DISBURSEMENT FROM THE PROJECT FUND OLIVE BOULEVARD TRANSPORTATION DEVELOPMENT DISTRICT (CREVE COEUR, MISSOURI) TRANSPORTATION SALES TAX AND SPECIAL ASSESSMENT REVENUE BONDS SERIES 2005 Request No. 37 Dated June 8, 2010 SCHEDULE OF PAYMENTS REQUESTED Person, firm or corporation General classification and to whom payment is due Amount to be paid description of payment requested Reinhold Electric, Inc. 9640 Continental Industrial Drive St. Louis, MO 63123 $127.50 Craig Work Verizon power relocate Collins & Hermann, Inc. $3,488.00 Craig Work guardrail installation 1215 Dunn Road St. Louis, MO 63138 Custom Fabrications & Coatings $433.40 Craig Work - guardrail 1107 22 nd Street Granite City, IL 62040 $3,000.00 Informational Commitments St. Louis Title LLC 7701 Forsyth Boulevard, Suite 200 Clayton, MO 63105 Crawford, Bunte, Brammeier $2,390.00 Olive Phase 1 Revised plans for Phase I P 0 Box 28727 St. Louis, MO 63146 UMB Bank, N.A. $5,322.30 Craig Work Letter of Credit Renewal Fee International Trade Services 1008 Oak Street P.O. Box 419226 Kansas City, MO 64141-6226 $14,761.20 If Costs of Issuance, then funded from the Costs of Issuance Account. If Transportation Project Costs related to the Primary Transportation Project, then funded from the Project Account. 2
1.REINHLI n n (ELECTRIC ' Nc I r^ 1, "8, 7 L ^! L - 1! Q, T f p. f DATE INVOICE NO ACCOUNT NO 1 EHL15 ply UNII GESCHIPIIUN PRICE AMOUNT fir, ^ R ^t1 /y j F v F t ttl`..e,^t ^:> 7 f..z. 1 r 4 -h ;^ ^ zl ti ^'"'^^T yi r ^ i t c t il.;p _! /St1! 1` V i {!'.^ j am' J ) t r 4i"mow f'+ i Q y,^a 1 <:'r.i- F S y / - - Y w5^, y^^f^^tf^aly` 7+c c ]# z 3,^w..fy s ^C ^ Y 5e ASS ^ f } y r '^ljvt 1+ vt ati > I. p. y K^ 1. Y ^^yy p1r f 6 33 r yym ^. { t:{ A y { ^. f. f 1XQ ^T PLEASE PAY FNOra 'THIS v1voice SUBTOTAL. TAX FREIGHT SEE AEVERSE SIDE EOH LIEPJ CONDITIONS TO fal
INVOICE To: Remit To: Brandmeyer Proj Mgmt Inc COLLINS & HERMANN, INC 6663 W Park Ave 1215 DUNN ROAD St Louis, MO 63139 ST.LOUIS, MO 63138 Job# 20-1641 Job Location: DIERBERGS OLIVE BLVD BRANDMEYER PROJECT MANAGEMENT ST LOUIS, MO CREVE COEUR ST LOUIS MO Invoice ID: 52316 Invoice Date: 04-19-2010 Sales Rep: Draw ID: 1 Customer ID: BRAN004 TERMS: NET 30 Item Description I Install approximately 451f of Type "A" Guardrail, posts to be 6' tall mechanically driven into the ground w/ 6'-3" centers, guardrail to have six (6) flared ends per Matt Brandmeyer. Am punt 3,488.00 W' COLLINS & HERMANN, INC www.coilinsandhermann.com Amount Billed Sales Tax Retainage Held St. Louis Kansas City 1215 Dunn Road 2366 State Li Mp 4ut Due PO Box 38901-0901 Kansas City. 61 St. Louis, MO 63138 Phone 913.621.3906 Phone 314.869.8000 Fax 913.621.2233 fax 314.869.8498 $3,488.00 $3,488.00
m CUSTOM FAPXATiONS & COATINGS" 1107 22"d Street Granite City, IL 62040 (P) 618-452-9540 (F) 618-452-1480 2998 SOLD TO Matt Brandmeyer 6663 West Park Ave Saint Louis, MO 63139 4/20/201 400.00 1 400.00 ITEM TOTAL 400.00 TAx 33.40 TOTAL AMOUNT 433.40 THANK YOU FO YOUR BUSINESS! J
St. Louis Title LLC 7701 Forsyth Boulevard, Suite 200 Clayton, Missouri 63105._.-... ato of Invoices: April 27,2010... _. _... Koman Group One City Place, Suite 640 St. Louis, MO 63141 Attn: Garrick Hamilton Re : 11521 Olive Blvd; 11557 Olive Blvd; 11561 Olive Blvd; 116oi & 11623 Olive Blvd; 1 Cityplace Dr.; 10550 Olive Blvd; 10560 Olive Blvd; 11500 Olive Blvd; Old Balsas Road Informational Commitments 3,000.00 Total Due: $3,000.00 Thank you for your business. Please attach a copy of invoice with your remittance.
C B Crawford, Bunte, Brammeier Traffic and Transportation Engineers Since 1973 Mr. Garrick Hamilton DATE: April 15, 2010 Koman Group One CityPlace Drive, Suite 540 INVOICE NO.: 1 Crave Coeur, Missouri 63141 CBB JOB NO.: 29-2010-1 Olive Boulevard TDD Phase I Update Traffic Signal and Lighting Contract Letter dated March 25, 2010 INVOICE Month of March 2010 Salaries Sr. Engineer III Staff Engineer III Sr. Eng. Tech I Cadd Technician Expenses Transportation Contract Amount: Previously Billed: $11,000.00 $0.00 6 Hours cq $125.00 per Hour = $750.00 12 Hours @ $75.00 per Hour = $900.00 4 Hours @ $75.00 per Hour = $300.00 8 Hours @ $55.00 per Hour = $440.00 $2,390.00 $0.00 Amount of This Invoice $2,390.00 PLEASE MAIL REMITTANCE TO: P.O. BOX 28727 ST. LOUIS, MISSOURI 63146 450 Cottonwood Road - Suite B 1830 Craig Park Court - Suite 209 3261 S. Meadowbrook Rd. - Suite 300 Glen Carbon, IL 62034 St. Louie, MO 63146 Springfield, IL 62711 611.656-2612 Fax: 618-659.0650 314-878-6644 Fax: 314-878-5876 217-546.6433 Fax: 217-f _ '7 Webeite: cbblr.mc.com
umm International Trade Services (816) 860-7000 1008 Oak Street Fax: (816) 860-4858 P.O. Box 419226 Swift Address: "UMKCUS44" or Kansas City, Missouri 64141-6226 "UMKCUS44INT" MAY 11, 2010 TO: OLIVE BOULEVARD TRANSPORTATION DEVELOPMENT DISTRICT 300 NORTH NEW BALLAS ROAD CREVE COEUR, MO 63141 RE: OUR LETTER OF CREDIT NO. S500572 IN FAVOR OF ST. LOUIS COUNTY, MISSOURI COUNTY GOVERNMENT CENTER THE ATTACHED LETTER OF CREDIT BILL STILL REMAINS UNPAID AND IS PAST DUE. YOUR IMMEDIATE ATTENTION TO THIS WOULD BE GREATLY APPRECIATED. PLEASE REMIT PAYMENT TO US BY CHECK OR CONTACT US BY PHONE AT 816-860 -7550 WITH AUTHORIZATION TO DEBIT YOUR ACCOUNT. IF PAYMENT HAS BEEN MADE, PLEASE ADVISE US WHEN AND HOW PAYMENT WAS EFFECTED. IF YOU HAVE ANY QUESTIONS, PLEASE CONTACT US. SINCERELY, lv^--^ 1C..SJ SU ROHWER INTERNATIONAL TRADE SERVICES
Umm International Trade Services 1008 Oak Street P.O. Box 419226 Kansas City, Missouri 64141-6226 (816) 860-7000 Fax: (816) 860-4858 Swift Address: "UMKCUS44" or "UMKCUS44INT FEBRUARY 03, 2010 LETTER OF CREDIT BILLING TO: OLIVE BOULEVARD TRANSPORTATION DEVELOPMENT DISTRICT 300 NORTH NEW BALLAS ROAD CREVE COEUR, MO 63141 FEES DUE UNDER LETTER OF CREDIT S500572 IN FAVOR OF ST. LOUIS COUNTY, MISSOURI COUNTY GOVERNMENT CENTER. COMMISSION: USD 5,322.30 TOTAL CHARGES: USD 5,322.30 PAYMENT DUE BY: MARCH 3, 2010 COMMISSION: USD419,951.38 AT 1 1/4% P.A. FOR PERIOD COVERING FEBRUARY 3, 2010 TO FEBRUARY 3, 2011 (360 BASIS, 365 DAYS) THANK YOU FOR YOUR PROMPT ATTENTION TO THIS BILLING. KINDLY REMIT PAYMENT TO US BY CHECK IN THE ENVELOPE PROVIDED, OR CONTACT US BY PHONE AT 816-860-7550 WITH AUTHORIZATION TO DEBIT YOUR ACCOUNT IN PAYMENT.