HomeMy WebLinkAboutR-2012-111 Relocation Agreement with KCPL RESOLUTION NO. R-2012-111
A RESOLUTION APPROVING A RELOCATION AGREEMENT AND AN EASEMENT
CONVEYANCE FOR THE TRANSMISSION AND DISTRIBUTION OF ELECTRIC ENERGY
TO KANSAS CITY POWER & LIGHT COMPANY AND AUTHORIZING THE EXECUTION
AND DELIVERY OF DOCUMENTS AND ACTIONS RELATING THERETO
WHEREAS, the City conveyed certain real property known as Riverside Horizons east
of Horizons Parkway to The Industrial Development Authority of the City of Riverside,
Missouri, ("IDA") by Special Warranty Deed recorded May 9, 2007 as document No. 007218
in Book 1103 at page 314; and
WHEREAS, pursuant to a Financing and Cooperation Agreement dated as of May 1,
2007, the IDA is required, upon direction of the City, to transfer such interests in the real
property in whole or in part, in one or more transactions; and
WHEREAS, the City entered into a Master Development Agreement with Riverside
Horizons, LLC (f/k/a Briarcliff Horizons, LLC) (the "Developer") for the development of the
Horizons Business Park Development Project (the "ProjecY') within the City; and
WHEREAS, the Project will require an extension of certain KCPL electrical facilities to
serve the Project; and
WHEREAS, NorthPoint Development, LLC, on behalf of Riverside Horizons, LLC., has
approved plans from KCPL for installation of certain electrical improvements within the Project
in Section 5, Township 50 North, Range 33 West, in Platte County, Missouri; and
WHEREAS, KCPL has a high voltage electric line known as Line Creek to Riverside
#4 (hereinafter known as the "Line"), the present location of which conflicts with plans for the
Project; and
WHEREAS, KCPL is willing to modify and relocate the Line provided it incurs no cost
for such relocation; and
WHEREAS, KCPL and the City desire
WHEREAS, the Board of Aldermen find it is in the best interest of the City to provide for
the relocation of the Line pursuant to an agreement in substantially the same form as set forth
in Exhibit "A";
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE
CITY OF RIVERSIDE, MISSOURI, AS FOLLOWS:
THAT the Mayor is hereby authorized to execute and deliver the Relocation
Agreement and Easement Conveyance by and between Kansas City Power & Light Company
and the City of Riverside, Missouri in substantially the same form as attached hereto as
Exhibit "A" and the City Clerk is authorized to attest thereto, and the performance of all
actions related thereto are approved, authorized and directed;
RESOLUTION NO. R-2012-111
FURTHER THAT the IDA is directed to enter into and execute the Easement
Conveyance attached hereto as Exhibit A to the Relocation Agreement;
FURTHER THAT the Mayor, City Clerk and the officers, agents and employees of the
City are hereby authorized to execute such documents and take such actions as are
necessary or desirable to effectuate the intent of this Resolution;
FURTHER THAT this Resolution shall be in full force and effect from and after its
passage and approval.
PASSED AND ADOPTED by the Board of Ald rmen and APPROVED by the Mayor
of the City of Riverside, Missouri, the� day of ���1� 2012.
I
�
, p ' Kathleen L. Rose, M yor
ATTEST. � '
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,
� ��
Robin�� Littrell �i Clerk
Approved to Form:
N c omp n, City Attorney
RELOCATION AGREEMENT
THIS RELOCATION AGREEMENT ("AgreemenY') is made and entered into as of the
date of last signature hereto by and between Kansas City Power & Light Company ("KCPL"), a
Missouri corporation, whose mailing address is 1200 Main, P.O. Box 418679, Kansas City,
Missouri 64141-9679, and the City of Riverside, Missouri ("City"), a Missouri municipal
corporation, whose mailing address is 2950 NW Vivion Road, Riverside, Missouri 64150.
WHEREAS, the City conveyed certain real property known as Riverside Horizons east
of Horizons Parkway to The Industrial Development Authority of the City of Riverside, Missouri,
("IDA") by Special Warranty Deed recorded May 9, 2007 as document No. 007218 in Book
1103 at page 314;
WHEREAS, pursuant to a Financing Agreement, the IDA is required, upon direction of
the City, to transfer such interests in the real property in whole or in part, in one or more
transactions; and
WHEREAS, the City entered into a Master Development Agreement with Riverside
Horizons, LLC (f/k/a Briarcliff Horizons, LLC) (the "Developer") for the development of the
Horizons Business Park Development Project (the "ProjecY') within the City; and
WHEREAS, the Project will require an extension of certain KCPL electrical facilities to
serve the Project; and
WHEREAS, NorthPoint Development, LLC, on behalf of Riverside Horizons, LLC., has
approved plans from KCPL for installation of certain electricai improvements within the Project
in Section 5, Township 50 North, Range 33 West, in Platte County, Missouri; and
WHEREAS, KCPL has a high voltage electric line known as Line Creek to Riverside #4
(hereinafter known as the "Line"), the present location of which conflicts with plans for the
Project; and
WHEREAS, KCPL is willing to modify and relocate the Line provided it incurs no cost for
such relocation; and
WHEREAS, KCPL and the City desire to provide for the relocation of the Line pursuant
to the terms that are recited herein;
NOW, THEREFORE, in consideration of the mutual promises, covenants, undertakings,
and other considerations set forth herein, KCPL and the City agree as foliows:
1. The City agrees to pay KCPL for all its costs associated with the Line
modification including but not limited to, the cost of planning and engineering the modification of
the Line, the removal of existing anchors and down guys, as weli as the cost of material and
labor needed to install a new overhead guy pole, anchors and down guys in a new location.
The estimated cost of planning and engineering the modification, removing the existing anchors
and down guys in conflict with current development plans, and the cost of material and labor to
install one overhead steel guy pole, anchors, and down guys in a new location is approximately
Twenty Thousand Dollars ($20,000.00). The City acknowledges and agrees that this is an
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estimated totai cost and that notwithstanding such estimated amount as stated herein, the City
shail pay the actual cost of such activities according to the terms of this Agreement.
2. KCPL shall develop the costs of relocating the Line using the direct and indirect
costs accumulated in accordance with KCPL's established work order accounting procedure,
and KCPL shali keep a detailed and accurate account of all labor, material, supplies, incidentals
and other costs involved in such work. The City, or any agent authorized in writing by the City,
shall have access at all reasonable times to all such KCPL accounts and records.
3. The City agrees to pay KCPL actual costs incurred within ninety (90) days after
KCPL completes relocation of the anchors and down guys to the new location.
4. KCPL agrees to have the Line modifications completed no later than 60 days
after the easement grant is executed; provided, however, that such completion date may be
extended by KCPL, in its sole discretion, due to weather conditions, delays in obtaining private
easements, permits, licenses or necessary permission for modifications, existing demands
upon KCPL's electric transmission system, delivery of materials from vendors, and such other
matters and conditions regarding the operation of KCPL's electric transmission system that may
impact relocation of the Line.
5. KCPL and the City agree that the Line will be partially relocated on public right-of-way
and partially on private easement (which will be executed by separate easement conveyance;
SEE ATTACHED EXHIBIT A). The easement will at all times be considered subordinate to the
public right of way. However, any relocation costs (including but not limited to engineering,
surveying, construction, or labor costs) of said overhead guys and anchors due to current or
future public improvements shall be borne by the City, inciuding, but not limited to the cost of
acquiring any future private easements.
6. The City agrees, in a timely manner as directed by KCPL, to acquire and pay for
all easements, permits, licenses, or other permission necessary from any governmental body or
other entity for the relocation of the Line. In the event that any easement, permit, license or
other permission necessary to modify the Line is not so obtained by the City, KCPL shall have
no obligation to modify the Line. Upon written notice by KCPL to the City of failure to obtain
such item(s) in a timely manner, this Agreement shall automatically terminate and have no
further force and effect.
7. The City acknowledges that the payment to be made to KCPL hereunder may be
subject to income taxation and that the estimated cost of relocation set forth in Section 1
inciudes an estimate of such tax cost. The City agrees to pay KCPL in full and immediately
upon written notice from KCPL for all actual tax liability related to the payments by the City in
excess of the amount contained within the estimate in Section 1 above.
8. The parties agree that this Agreement shall be governed by the laws of the State
of Missouri.
9. KCPL and the City expressly understand and agree that the consideration stated
herein is the sole consideration for this Agreement, and the terms and conditions stated herein
are contractual and not a mere recital, and all agreements and understandings between the
parties hereto are expressed and embodied herein.
2
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10. Neither party hereto may assign this Agreement without the written consent of
the other party.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and
year indicated below.
Kansas City Power & Light Company City of Riverside
BY� � By: �(��c.�.e-�/v�,�%�
-1Fiee-President c.�:.+��8,�,: J Kathleen L. Rose, Mayor
Date: 8 /Zo/z Date: � � /�
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Recorded in Platte County, Missouri
Recording DatelTime: 0811012012 at 09:24:39 AM
,�,,,,,,,,,
Instr Number: 2012011750 ,��' EA OF �-
,� e�....., o '
Book:1195 Page:554 :°�.°°•.� '
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Type: DE ESMT : • . : • :
Pages: 5 = � �. : � :
III IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII � ' ��".iiu���+' y90``;
l ry�DUNT'1. �'
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Grantor: INDUSTRIAL DEV AUTHORITY OF THE CIT... Rec Deeds
Gran�ee: KANSAS CITY POWER 8 LIGHT CO
S 5 � 112/ SW QQ/Q
T 50 � Platte County
R 33 �Missouri State
EASEMENT CONVEYANCE
THIS EASEMENT, made and entered into this ��� day of Auaust, 2012, by and
between The Industrial Development Authority of the City of Riverside, Missouri, of Platte
County, Missouri AND The City of Riverside, Missouri, a Municipal Corporation, of Platte
County, Missouri, "GRANTORS" and Kansas City Power 8 Light Company, a Missouri
corporation whose mailing address is PO Box 418679, Kansas City, MO. 64141-9679, and its
and their affiliates, lessees, licensees, designees, successors and assigns, of Jackson County,
Missouri "GRANTEE" or "KCP&L".
After recording mail to: KCPBL
Right of Way Dept. F8M-2
PO Box 418679
Kansas City, MO 64147-9679
KNOW ALL MEN BY THESE PRESENTS: That the undersigned, Grantor, in
consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the
receipt of which is hereby acknowledged, hereby GRANTS, BARGAINS, SELLS AND
CONVEYS to KCP&L, its lessees, successors and assigns, the permanent right, privilege and
perpetual easement to enter upon the lands of Grantor, to survey, construct, erect, operate,
patrol, inspect, maintain, modify, alter, add wires, poles, cables, conduits, towers and pipes,
repair, rebuild and remove, on, under and over the easement described below and in and upon
all streets, roadways or highways abutting said lands, now or at any future time, for the
transmission and distribution of electric energy, and for communication purposes, and all
appurtenances and appliances necessary in connection therewith, together with the right of
ingress and egress to and from said lines of KCP&L over the lands of Grantor so that KCP&L
may go to and from said lines from the public roads adjacent to Grantors lands, which said
perpetual easement being over, along, across and under the following described lands situated
in the County of Platte, in the State of Missouri, said land more particularly described as
follows:
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in the County of Platte, in the State of Missouri, said land more particularly described as
follows:
A Forty (40) feet wide strip of land in the East Half of the Southwest Quarter of
Section 5, Township 50 North, Range 33 West in the City of Riverside, Platte
County, Missouri, the Northerly side of said Forty (40) feet wide strip of land is
intended to be South of and coincident with the Southerly line of a Kansas City
Power & Light Company easement recorded as Document No. 034682 in Book
694 at Page 3 in the Office of the Recorder of Deeds for said County and State,
the centerline of said Forty (40) feet wide strip of land is more particularly
described as follows:
Commencing at the Southwest corner of the East Half of the Southwest Quarter
of said Section 5, having found a small gauge vertical railroad rail marking the
Southwest corner thereof; thence North 00 degrees 17 minutes 37 seconds East
along the West line of the East Half of the Southwest Quarter of said Section 5,
a distance of 1,559.10 feet; thence South 89 degrees 42 minutes 23 seconds
East, perpendicular to the last described course a distance of 32.92 feet to the
center of an existing power transmission pole and the Point of Beginning of the
centerline of said Forty (40) feet wide strip of land to be herein described; thence
South 00 degrees 11 minutes 46 seconds West, Seventy (70) feet to the Point of
Termination of the centerline of said Forty (40) feet wide strip of land. Except any
part in public right-of-way for streets or roads, also Except any part thereof within
the aforesaid easement recorded as Document No. 034682. Containing 2,870
square feet, more or less. (See Attached Exhibit which is incorporated
herein�.
This easement and rights granted herein will at all times be considered subordinate to any
public right of way. However, any relocation costs (including but not limited to engineering,
surveying, construction, or labor costs) of said overhead guys and anchors due to current or
future public improvements shall be borne by the City of Riverside. In such an event, the costs
of acquiring the private easements, if any, shall be borne by the City of Riverside
KCP&L may erect and use gates in all fences which cross or which shall hereinafter cross the
route of said lines. KCP&L is given the right to trim, cut and clear away any trees, limbs and
brush on or adjacent to the above-described land now or at any future time whenever, in its
judgment, such will interfere with or endanger the construction, operation or maintenance of
said lines. In exercising its rights of ingress or egress KCP&L shall, whenever practicable, use
existing roads or lands and shall repair any damage caused by its use thereof. All logs, limbs,
or brush cut or trimmed by Grantee shall be removed by Grantee unless Grantor otherwise
requests.
It being the intention of the parties hereto that Grantor is hereby granting the uses herein
specified without divesting Grantor and heirs or assigns of the right to cultivate, use and enjoy
the above-described premises: PROVIDED, however, such use shall not, in the judgment of
said KCP&L, interfere with or endanger the construction, operation or maintenance of said
lines, and provided further that no building shall be constructed on the easement without
KCP&L's written permission.
5
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The lines and all facilities erected by KCP&L are the personal property of KCP&L and title to
said lines and facilities shall be and remain in said KCP&L.
TO HAVE AND TO HOLD said easement and rights aforesaid with all and singular, the
rights, privileges, appurtenances, and immunities thereto belonging or in anyway appertaining
unto KCP&L its lessees, licensee, successors or assigns forever. This easement conveyance
shall run with the land and shall be binding upon Grantor and Grantor's heirs, administrators,
executors, successors and assigns. Grantor hereby covenants that Grantor is the owner(s) of
the above-described land, subject to existing liens and right-of-way easements of record.
IN TESTIMONY WHEREOF, Grantor has hereunto executed this Easement on the date
first above written.
The Industrial Development Authority
of the Ci Riverside Missouri
/ ,
By:
Pamela J. Darata
President
THE CITY OF RIVERSIDE, MISSOURI
��4,1:G!/1rCJ � ��
Kathleen L. Rose,
Mayor
ATiEST: ��
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CITY CL RK (Seal)
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ACKNOWLEDGEMENT
State of Missouri )
) Ss.
County of Platte )
On this �_ day of / � , 2012, before me a Notary
Public, appeared Pamela J. Darata, to me p rsonally known, (or proved to me on the basis of
satisfactory evidence) to be the person described in and who executed the foregoing
instrument, and acknowledged that she is the President of The Industrial Development
Authority of the City of Riverside, Missouri and that she executed the same on behalf of the
Board of Directors of said corporation and by authority thereof and acknowledged said
instrument to be the free act and deed of said corporation for the purposes therein expressed.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal
the day and year aforesaid.
My Commission Expires: -�veC\ Public
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ACKNOWLEDGMENT �co�'P�'^�saeCa�"ty,- _
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STATE OF MISSOURI )SS � �� �A '" ` ��o ';+ � y
COUNTY OF PLATTE ) �����'��``
BE IT REMEMBERED, that on this LO� day of J�-,� 2012, before
me, the undersigned, a Notary Public within and for the County and Stat�e foresaid, came The
Honorable Kathleen L. Rose, of the City of Riverside, Missouri, and '�C(,;,.� L;-lf Qx ll
City Clerk of said City, who are personally known to me (or proved to me on the basis
of satisfactory evidence) as such officers, the within instrument on behalf of said City, and such
persons duly acknowledged the execution of same to be the act and deed of said City.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal the day and
year first above written.
My Appointment Expires��( V, "�G�j
Notary Public
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EXHIBIT A
S 5 � 7/2/ SW QQ/Q
T 50 � Platte County
. R 33 �Missouri State
EASEMENT CONVEYANCE
THIS EASEMENT, made and entered into this day of J�, 2012, by and
between The Industrial Development Authority of the City of Riverside, Missouri, of Platte
County, Missouri AND The City of Riverside, Missouri, a Municipal Corporation, of Platte
County, Missouri, "GRANTORS" and Kansas City Power & Light Company, a Missouri
corporation whose mailing address is PO Box 418679, Kansas City, MO. 64141-9679, and its
and their affiliates, lessees, licensees, designees, successors and assigns, of Jackson
County, Missouri "GRANTEE" or "KCP&L".
After recording mail to: KCP&L
Right of Way Dept. F&M-2
PO Box 418679
Kansas City, MO 64141-9679
KNOW ALL MEN BY THESE PRESENTS: That the undersigned, Grantor, in
consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration,
the receipt of which is hereby acknowledged, hereby GRANTS, BARGAINS, SELLS AND
CONVEYS to KCP&L, its lessees, successors and assigns, the permanent right, privilege and
perpetual easement to enter upon the lands of Grantor, to survey, construct, erect, operate,
patrol, inspect, maintain, modify, alter, add wires, poles, cables, conduits, towers and pipes,
repair, rebuild and remove, on, under and over the easement described below and in and upon
all streets, roadways or highways abutting said lands, now or at any future time, for the
transmission and distribution of electric energy, and for communication purposes, and all
appurtenances and appiiances necessary in connection therewith, together with the right of
ingress and egress to and from said lines of KCP&L over the lands of Grantor so that KCP&L
may go to and from said lines from the public roads adjacent to Grantors lands, which said
perpetual easement being over, along, across and under the following described lands situated
4
Error! Unknown document property name.
in the County of Platte, in the State of Missouri, said land more particularly described as
follows:
A Forty (40) feet wide strip of land in the East Half of the Southwest Quarter of
Section 5, Township 50 North, Range 33 West in the City of Riverside, Platte
County, Missouri, the Northerly side of said Forty (40) feet wide strip of land is
intended to be South of and coincident with the Southerly line of a Kansas City
Power & Light Company easement recorded as Document No. 034682 in Book
694 at Page 3 in the Office of the Recorder of Deeds for said County and State,
the centerline of said Forty (40) feet wide strip of land is more particularly
described as follows:
Commencing at the Southwest corner of the East Half of the Southwest Quarter
of said Section 5, having found a small gauge vertical railroad rail marking the
Southwest corner thereof; thence North 00 degrees 17 minutes 37 seconds East
along the West line of the East Half of the Southwest Quarter of said Section 5,
a distance of 1,559.10 feet; thence South 89 degrees 42 minutes 23 seconds
East, perpendicular to the last described course a distance of 32.92 feet to the
center of an existing power transmission pole and the Point of Beginning of the
centerline of said Forty (40) feet wide strip of land to be herein described; thence
South 00 degrees 11 minutes 46 seconds West, Seventy (70) feet to the Point of
Termination of the centerline of said Forty (40) feet wide strip of land. Except any
part in public right-of-way for streets or roads, also Except any part thereof within
the aforesaid easement recorded as Document No. 034682. Containing 2,870
square feet, more or less. (See Attached Exhibit which is incorporated
herein).
This easement and rights granted herein will at all times be considered subordinate to any
public right of way. However, any relocation costs (including but not limited to engineering,
surveying, construction, or labor costs) of said overhead guys and anchors due to current or
future public improvements shall be borne by the City of Riverside. In such an event, the costs
of acquiring the private easements, if any, shall be borne by the City of Riverside
KCP&L may erect and use gates in all fences which cross or which shall hereinafter cross the
route of said lines. KCP&L is given the right to trim, cut and clear away any trees, limbs and
brush on or adjacent to the above-described land now or at any future time whenever, in its
judgment, such will interfere with or endanger the construction, operation or maintenance of
said lines. In exercising its rights of ingress or egress KCP&L shall, whenever practicable, use
existing roads or lands and shall repair any damage caused by its use thereof. All logs, limbs,
or brush cut or trimmed by Grantee shall be removed by Grantee unless Grantor otherwise
requests.
It being the intention of the parties hereto that Grantor is hereby granting the uses herein
specified without divesting Grantor and heirs or assigns of the right to cultivate, use and enjoy
the above-described premises: PROVIDED, however, such use shall not, in the judgment of
said KCP&L, interfere with or endanger the construction, operation or maintenance of said
lines, and provided further that no building shall be constructed on the easement without
KCP&L's written permission.
5
Error! Unknown document property name.
The lines and all facilities erected by KCP&L are the personal property of KCP&L and title to
said lines and facilities shall be and remain in said KCP&L.
TO HAVE AND TO HOLD said easement and rights aforesaid with all and singular, the
rights, privileges, appurtenances, and immunities thereto belonging or in anyway appertaining
unto KCP&L its lessees, licensee, successors or assigns forever. This easement conveyance
shall run with the land and shall be binding upon Grantor and Grantor's heirs, administrators,
executors, successors and assigns. Grantor hereby covenants that Grantor is the owner(s) of
the above-described land, subject to existing liens and right-of-way easements of record.
IN TESTIMONY WHEREOF, Grantor has hereunto executed this Easement on the date
first above written.
The Industrial Development Authority
of the City of Riverside, Missouri
By:
Pamela J. Darata
President
THE CITY OF RIVERSIDE, MISSOURI
Kathleen L. Rose,
Mayor
ATTEST:
CIIY CLERK (Seal)
6
Error! Unknown document property name.
ACKNOWLEDGEMENT
State of Missouri )
) Ss.
County of Platte )
On this day of , 2012, before me a Notary
Public, appeared Pamela J. Darata, to me personally known, (or proved to me on the basis of
satisfactory evidence) to be the person described in and who executed the foregoing
instrument, and acknowledged that she is the President of The Industrial Development
Authority of the City of Riverside, Missouri and that she executed the same on behalf of the
Board of Directors of said corporation and by authority thereof and acknowledged said
instrument to be the free act and deed of said corporation for the purposes therein expressed.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal
the day and year aforesaid.
My Commission Expires:_ Notary Public
ACKNOWLEDGMENT
STATE OF MISSOURI )
)SS
COUNTY OF PLATTE )
BE IT REMEMBERED, that on this day of July, 2012, before
me, the undersigned, a Notary Public within and for the County and State aforesaid, came The
Honorable Kathleen L. Rose, of the City of Riverside, Missouri, and
City Clerk of said City, who are personally known to me (or proved to me on the basis
of satisfactory evidence) as such officers, the within instrument on behalf of said City, and such
persons duly acknowledged the execution of same to be the act and deed of said City.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal the day and
year first above written.
My Appointment Expires
Notary Public
7
Error! Unknown document property name.
EXHIBIT A
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