City Council

COOKEVILLE CITY COUNCIL REGULAR MEETING NOVEMBER 21, 2024 5:30 PM The Cookeville City Council met in regular session on Thursday, November 21, 2024, at 5:30 p.m., in the Municipal Building, 45 E. Broad Street. CALL TO ORDER AND ROLL CALL Mayor Wheaton called the meeting to order. Present and answering roll call were: Councilman Bagci: present Councilman Walker: present Mayor Wheaton: present Vice-Mayor Eldridge: present Councilman Gilbert: present Also present: James Mills, City Manager, Darian Coons, City Clerk and Dan Rader, City Attorney. INVOCATION AND PLEDGE OF ALLEGIANCE Pastor Josh Hodum of First United Pentecostal Church gave the invocation. Mayor Wheaton led the Pledge of Allegiance. CONSIDER APPROVAL OF AGENDA AS PRESENTED Vice-Mayor Eldridge made a motion to approve the agenda as presented. The motion was seconded by Councilman Bagci. Upon call for a vote, the motion carried with the following voting: Councilman Bagci: aye Councilman Walker: aye Mayor Wheaton: aye Vice-Mayor Eldridge: aye Councilman Gilbert: aye OLD BUSINESS Consider approval of minutes of council meeting held on November 7, 2024. Vice-Mayor Eldridge made a motion to approve said minutes as submitted. The motion was seconded by Councilman Bagci. Upon call for a vote, the motion carried with the following voting:  Cookeville City Council Minutes November 21, 2024 Councilman Bagci: aye Councilman Walker: aye Mayor Wheaton: aye Vice-Mayor Eldridge: aye Councilman Gilbert: aye CONSENT AGENDA Consider approval to purchase one (1) 2024 Ford F-350 truck w/service body utilizing Statewide Bid Contract #209 - Energy Department/Gas Division. Additional information: Appendix 6A Consider declaring as surplus one (1) side load garbage truck - Public Works Department/Sanitation Division. Additional information: Appendix 6B There were no public comments concerning this item. Councilman Bagci made a motion to approve the consent agenda. The motion was seconded by Vice-Mayor Eldridge. Upon call for a vote, the motion carried with the following voting: Councilman Bagci: aye Councilman Walker: aye Mayor Wheaton: aye Vice-Mayor Eldridge: aye Councilman Gilbert: aye NEW BUSINESS - PUBLIC HEARINGS AND ACTION ITEMS Consider Resolution #R24-11-28, a resolution approving and authorizing the City Manager to execute an infrastructure agreement and approve a grant to the Industrial Development Board of the City of Cookeville for public infrastructure upgrades and improvements for the construction of the Willows Shopping Center. Additional information: Appendix 7A There were no public comments concerning this item. Vice-Mayor Eldridge made a motion to adopt Resolution #R24-11-28. The motion was seconded by Councilman Walker. Upon call for a vote, the motion carried with the following voting: 2  Cookeville City Council Minutes November 21, 2024 Councilman Bagci: aye Councilman Walker: aye Mayor Wheaton: aye Vice-Mayor Eldridge: aye Councilman Gilbert: aye Consider approval of bid for Cookeville Performing Arts Center & Dogwood Park improvements as submitted by HD Commercial and authorize the City Manager to enter into an agreement with HD Commercial and issue a Notice to Proceed with the project - Leisure Services Department. Additional information: Appendix 7B City Manager James Mills commended Leisure Services Director Rick Woods for his work on this project, as it came in under budget. There were no public comments concerning this item. Councilman Gilbert made a motion to approve bid for Cookeville Performing Arts Center & Dogwood Park improvements as submitted by HD Commercial and authorize the City Manager to enter into an agreement with HD Commercial and issue a Notice to Proceed with the project. The motion was seconded by Councilman Bagci. Upon call for a vote, the motion carried with the following voting: Councilman Bagci: aye Councilman Walker: aye Mayor Wheaton: aye Vice-Mayor Eldridge: aye Councilman Gilbert: aye Consider authorizing the City Manager to enter into a service agreement with Texas Eastern Transmission, LP ("Pipeline") - Energy Department/Gas Division. Additional information: Appendix 7C There were no public comments concerning this item. Vice-Mayor Eldridge made a motion to authorize the City Manager to enter into a service agreement with Texas Eastern Transmission, LP ("Pipeline"). The motion was seconded by Councilman Bagci. Upon call for a vote, the motion carried with the following voting: Councilman Bagci: aye Councilman Walker: aye Mayor Wheaton: aye Vice-Mayor Eldridge: aye Councilman Gilbert: aye 3  Cookeville City Council Minutes November 21, 2024 Consider awarding bid for 2024 Spring Street Storm & Sanitary Sewer Improvement Project - Water Quality Control Department. Additional information: Appendix 7D One local business owner shared their concerns about the effect the construction would have on their business operations. Water Quality Control Department Director Barry Turner conveyed the reasoning behind the timing and the routing of the project. Vice-Mayor Eldridge made a motion to award bid for 2024 Spring Street Storm & Sanitary Sewer Improvement Project. The motion was seconded by Councilman Walker. Upon call for a vote, the motion carried with the following voting: Councilman Bagci: aye Councilman Walker: aye Mayor Wheaton: aye Vice-Mayor Eldridge: aye Councilman Gilbert: aye Consider awarding bid for electrical components for the Water Treatment Plant Generator Project - Water Quality Control Department. Additional information: Appendix 7E There were no public comments concerning this item. Vice-Mayor Eldridge made a motion to award bid for electrical components for the Water Treatment Plant Generator Project. The motion was seconded by Councilman Bagci. Upon call for a vote, the motion carried with the following voting: Councilman Bagci: aye Councilman Walker: aye Mayor Wheaton: aye Vice-Mayor Eldridge: aye Councilman Gilbert: aye CITIZENS REQUEST FOR HEARING BEFORE CITY COUNCIL Cookeville resident Billy George addressed the City Council suggesting that the City buy the property currently for sale at the corner of Cedar Ave. and Broad St. to help alleviate parking concerns in the downtown area. Mr. George thanked the City Council for organizing the 2024 Christmas Parade, spoke about accessibility concerns for the Christmas Parade and addressed statements made at the November 7, 2024, City Council Meeting by Vice- Mayor Eldridge and Councilman Bagci concerning the 2023 Christmas Parade and the controversy with efforts to organize a 2024 Christmas Parade. 4  Cookeville City Council Minutes November 21, 2024 HEARING FROM OFFICERS, COUNCILMEN AND CITY MANAGER No comments. MAYOR'S COMMENTS No comments. ADJOURNMENT There being no further business, Mayor Wheaton declared the meeting adjourned at 5:55 p.m. ATTEST: ~ L UJ2fCl] Darian Coons - City Clerk 5  CIT Y OF COOKE VILLE ENERGY DEPT. GAS DI VISION BID TABULATI ON SCHEDULE APPENDIX 6A BID NOTI CE# STATE OF TENNESSEE CONTRA CT #209 2024 Yr. Model BIDDERS I F-350 Truck I w/service bodv Lonnie Cobb Ford $ 69,184.00 State of Tennessee Contract #209 C~: WE, THE UNDERSIGNED DO HEREBY RECOMMEND THE BID FROM Lonnie Cobb Ford (State of Tennessee Contract #~09) >,, ,, m F~ L=NG REASON: best evaluated bid. z C .... >< RECOMMENDED:EPT.ffEAD R 0\ >  APPENDIX 6B CITY OF Department of Public Works COOKEVILLE 1115 East Spring Street Cookeville, TN 38501 T E N N E S S E E Phone: 931-520-5249 Fax: 931-520-0629 MEMORANDUM TO: James Mills, City Manager City Council Members FROM: Mary Beth Elrod, P.E. DATE: November 15, 2024 SUBJ: November 21, 2024 City Council Agenda Items Consider the following: (1) We would like the following item to be declared surplus: 2012 Mack LEU Side Load Truck VIN#1 M2AU02C1 CM006902  APPENDIX 7A RESOLUTION NUMBER R24-11-28 A RESOLUTION APPROVING AND RESOLUTION NUMBER: R24-11-28 AUTHORIZING THE CITY MANAGER REQUESTED BY: City Manager TO EXECUTE AN INFRASTRUCTURE PREPARED BY: Bradley Arant Boult AGREEMENT AND APPROVE A Cummings, LLP GRANT TO THE INDUSTRIAL APPROVED-FORM/CORRECTNESS: DEVELOPMENT BOARD OF THE CITY OF COOKEVILLE FOR PUBLIC (City Attorney) INFRASTRUCTURE UPGRADES AND ADOPTED: IMPROVEMENTS FOR THE MINUTE BOOK __ , PAGE __ CONSTRUCTION OF THE WILLOWS SHOPPING CENTER WHEREAS, The Industrial Development Board of the City of Cookeville, Tennessee (the "IDB") is a public, nonprofit corporation and a public instrumentality of the City of Cookeville, Tennessee (the "City"), and is authorized under the provisions of Chapter 53, Title 7, of Tennessee Code Annotated, as amended from time to time (the "IDB Act"), to, among other things, donate and convey its property, revenue and receipts to the end that such industrial development corporation may be able to maintain and increase employment opportunities by promoting industry, trade, commerce, tourism, and recreation by inducing manufacturing, industrial, governmental, educational, financial service, commercial, and recreational enterprises to locate in or remain in the State of Tennessee; and WHEREAS, CHM COOKEVILLE, LLC, a Tennessee limited liability company ("Developer") has assembled real property to be developed as a retail development (the "Shopping Center"), to be known as "The Willows Shopping Center" generally located at the southeast corner of the intersection of S. Willow Avenue and Interstate 40 in Cookeville, Putnam County, Tennessee; and WHEREAS, the development of the Shopping Center will include certain public infrastructure upgrades and improvements in order to enable the Developer to undertake the Shopping Center (the "Public Infrastructure"), which Public Infrastructure shall be constructed and dedicated to the City or the applicable governmental agency or utility; and, WHEREAS, T.C.A. Section 6-54-1 I 8(a)(l) provides that a municipality (defined as a city or a county) may appropriate funds for the purpose of making a contribution to an industrial development corporation for the purpose of economic development or industrial development, or both, and pursuant to such statute, the City and Putnam County (the "County") desire to assist with the payment of the cost of the construction of the Public Infrastructure and the Shopping Center (the acquisition, construction and development of the Public Infrastructure, and the Shopping Center being the "Project"), rather than by providing a tax increment financing or a payment in lieu of tax or other incentive in connection therewith, by making a grant to the IDB, which shall in turn reimburse the Developer for a portion of the cost of the Project pursuant to the terms and conditions set forth in a certain Infrastructure Agreement (the "Infrastructure Agreement"), to be entered into by and among the Developer, the City and the County, and the IDB shall in turn make a grant to the Developer for the reimbursement of a portion of the cost of the Project pursuant to a certain Grant Agreement, to be entered into by and between the Developer and the IDB (the "Grant Agreement"); and RESOLUTION NO. R24-11-28 WHERE AS, the proposed form of Infrastructure Agreement has been presented to the City Council of the City for its consideration and approval. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COOKEVILLE, TENNESSEE as follows: 1. Infrastructure Agreement. The general form, content, and provisions of the Infrastructure Agreement, attached hereto as Exhibit A and incorporated herein by reference, are hereby in all particulars approved and the City Manager is hereby authorized, empowered and directed to execute, acknowledge and deliver said Infrastructure Agreement in substantially the form now before this meeting of the City Council or with such changes therein as shall be approved by the City Manager, his execution thereof to constitute conclusive evidence of his approval of any and all such changes or revisions, in the name, and on behalf, of the City. 2. Grant. Conditioned upon the agreement by the County to do the same, the City shall make a grant (the "Grant") to the IDB in the amount of One Million Three Hundred Seventy-Five Thousand and No/100 Dollars ($1,375,000.00) (the "City Grant Amount"), in order to fund, collectively with the County, a grant by the IDB to the Developer in the amount of Two Million Seven Hundred Fifty Thousand and No/100 Dollars ($2,750,000.00) (the "Grant Amount"), pursuant to the Grant Agreement. The City shall fund the City Grant Amount to the IDB promptly following its issuance of the "IDB Letter" to the IDB, with a copy to the Developer and the County, as provided in the Infrastructure Agreement. 3. Miscellaneous Acts. The appropriate officers and departments of the City are hereby authorized, empowered, and directed to do any and all such acts and things, and to execute, acknowledge, deliver, and, if applicable file or record, or cause to be filed or recorded, in any appropriate public offices, all such documents, instruments, memoranda and certifications, certifications hereinbefore authorized and approved, as may, in their discretion, be necessary or desirable to implement or comply with the intent of this Resolution, the Infrastructure Agreement, the Grant Agreement or any of the documents herein authorized and approved, or for the implementation of the Grant or the undertaking of the Public Infrastructure and the Shopping Center by the Developer for the foregoing purposes, including without limitation, the execution, delivery and recordation of any memoranda, certificates or other documents or instruments as they may deem necessary or desirable in connection with the foregoing. WHEREUPON, the Mayor declared the Resolution adopted, affixed a signature and the date thereto, and directed that the same be recorded. ADOPTED AND EFFECTIVE THIS 21st DAY OF NOVEMBER 2024. THE CITY OF COOKEVILLE, TENNESSEE Laurin Wheaton, Mayor ATTEST: Darian Coons, City Clerk RESOLUTION NO. R24-11-28  Exhibit A Infrastructure Agreement RESOLUTION NO. R24-11-28  INFRASTRUCTURE AGREEMENT THIS INFRASTRUCTURE AGREEMENT (the "Agreement") is made and entered into by and between CHM COOKEVILLE, LLC, a Tennessee limited liability company ("Developer"), the CITY OF COOKEVILLE, TENNESSEE (the "City"), and PUTNAM COUNTY, TENNESSEE ("County"), as of this _ day of , 2024 (the "Effective Date"). WITNESSETH: WHEREAS, Developer has assembled real property to be developed as a retail development (the "Shopping Center"), to be known as "The Willows Shopping Center" generally located at the southeast corner of the intersection of S. Willow A venue and Interstate 40 in Cookeville, Putnam County, Tennessee (the "Property"); and, WHEREAS the Shopping Center will include certain public infrastructure upgrades and improvements, including without limitation, utility infrastructure, street improvements to Green Gate Lane and S. Willow Avenue, traffic signalization, among other things associated with the Shopping Center, which public infrastructure shall be constructed by the Developer and dedicated to the City or the applicable governmental agency or utility (the "Public Infrastructure"); and, WHEREAS, the City and the County desire to assist with the payment of the cost of the construction of the Public Infrastructure and assist the Developer with a portion of additional costs of providing the Shopping Center (the acquisition, construction and development of the Public Infrastructure, and the Shopping Center being the "Project"), by each making a grant in the amount of One Million Three Hundred Seventy-Five Thousand and No/100 Dollars ($1,375,000.00), the total of such amounts being Two Million Seven Hundred Fifty Thousand and No/100 Dollars ($2,750,000.00) (the "Grant Amount") to The Industrial Development Board of the City of Cookeville, Tennessee ("IDB"), rather than by providing a tax increment financing or a payment in lieu of tax or other incentive in connection therewith, and the IDB shall in turn reimburse the Developer for a portion of the cost of the Project pursuant to the terms and conditions set forth herein and that certain Grant Agreement, by and between the Developer and the IDB, of even date herewith (the "Grant Agreement"). NOW THEREFORE, for the mutual promises set forth hereunder and other valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows: 1. Scope of Work. a. The scope of the Work (as defined below) for this Agreement consists of and is limited to the Public Infrastructure as set forth in the Public Infrastructure Plans. The balance of the cost of the Project in excess of the Grant Amount (as defined below) shall be paid by the Developer without further financial assistance by the City, the County or the IDB. b. Developer shall cause the Public Infrastructure to be commenced and completed as described in the Public Infrastructure Plans, as defined herein below. The term "Work" includes all material, labor, equipment and supervision necessary to complete all pre- 1 4893-6259-6541.2 construction and construction services in accordance with the Public Infrastructure Plans, including without limitation, any corrective work or additional work in accordance with the recommendations of the geotechnical and design engineers for the Public Infrastructure. 2. Terms and Conditions. a. Developer shall submit a full set of completed engineering design and construction plans and specifications documents (the "Public Infrastructure Plans"), approved, sealed, and signed by a civil engineer licensed to practice engineering in the State of Tennessee, to the City which shall be prepared by or on behalf of the Developer subject to the prior approval by the City's City Manager or his designees (as applicable, the "City Manager"). Any material changes to the Public Infrastructure Plans shall also require the prior approval of the City Manager. Notwithstanding anything to the contrary in this Agreement, Developer agrees that all the Public Infrastructure or other infrastructure improvements will be done in accordance with City of Cookeville codes, specifications, rules and regulations. b. Developer shall have entered into a written sale agreement disclosed to the City Manager (but not retained) with two (2) national retailers ( each an "Anchor"), each for the construction of its normal retail store in the Shopping Center, the identity of such Anchor to be subject to the approval of the City Manager in his sole and absolute discretion, but which he shall not announce, the announcement of such Anchor being in the discretion of such Anchor. c. Developer shall be responsible for engaging a qualified contractor reasonably satisfactory to the City (the "General Contractor") to perform the construction, and installation of the Public Infrastructure in accordance with the Public Infrastructure Plans. To that end, Developer shall let a construction contract (the "Construction Contract") for the Public Infrastructure which may also be for the balance of the Shopping Center with General Contractor, the form of which shall be subject to the prior written approval of the City Manager in his reasonable discretion. All amendments and change orders to said construction contract related to the Public Infrastructure shall also be subject to the prior written approval of the City Manager, such approval not to be unreasonably withheld, conditioned or delayed. Developer or its affiliate shall supervise the Work performed under the Public Infrastructure and will bear full responsibility for any and all acts or omissions of those engaged in Work on behalf of Developer. d. Developer shall cause the Public Infrastructure to be performed in accordance with the Public Infrastructure Plans in all material respects and comply in all material respects with the terms of this Agreement (collectively, "Developer's Obligations"). e. Developer will provide the City with monthly written reports regarding the construction and installation of the Public Infrastructure and the balance of the Project. The City shall provide such reports to County upon request. f. Developer will permit the City to regularly inspect the progress of the construction and installation of the Project. g. Upon completion of the construction and installation of the Public Infrastructure, and upon approval by the City Manager in accordance with the terms of this Agreement, Developer will convey ownership of the Public Infrastructure to the City or the 2 applicable governmental agency or utility. Developer shall cause a construction warranty and correction covenant applicable to the Public Infrastructure to be issued by the General Contractor to the City, which shall include a warranty against any defective workmanship or materials for a period of one (1) year from the completion of the Public Infrastructure and a correction covenant in the typical AIA form (the "Warranty and Covenant"). 3. Commencement of Required Project. a. Developer agrees to execute a construction contract with the General Contractor and commence construction of the Project within ninety (90) days of the Effective Date (the "Required Commencement Date") and pursue the same with commercially reasonable diligence to completion in compliance with the Public Infrastructure Plans. b. Developer agrees to use commercially reasonable efforts to achieve Substantial Completion of the Public Infrastructure Work substantially in accordance with the Public Infrastructure Plans on or before October 15, 2026 (said date being the "Required Completion Date"), unless delayed by events of Force Majeure as provided herein. c. "Substantial Completion" shall mean the point in time when the Work is sufficiently complete in accordance with the Public Infrastructure Plans and the Construction Contract (collectively, the "Project Documents") including without limitation the issuance of an AIA Form G- 704 Certificate of Substantial Completion, or comparable, by the General Contractor and the City Manager, so that the Public Infrastructure can be used or occupied for its intended use, subject to reasonable punch list items which do not materially affect the operation of such Public Infrastructure and will be completed in the ordinary course of construction. Should Developer fail to commence the foregoing construction by the Required Commencement Date or complete the same by the Required Completion Date, the City Manager shall be entitled to all of the remedies set forth in Section 7.d herein below. Anything to the contrary notwithstanding, the Developer agrees that all infrastructure improvements will be done in accordance with City of Cookeville codes, specifications, rules and regulations. 4. Extensions. Developer may request an extension to the time period established above. Any such request for an extension ( other than as a result of delays caused by events of Force Majeure which shall be determined as provided in Section 6) will be determined in the reasonable discretion of the City Manager and shall be granted only upon a determination of the City Manager that good cause has been shown. The City Manager shall determine the length of any such extension. 5. Final Acceptance of Improvements. a. The term "Final Completion" means the point when all of the following have occurred: (i) the Public Infrastructure has achieved Substantial Completion, followed by completion of any punch list items in full and the completion of all of the Developer's Obligations in accordance with this Agreement as reasonably determined by the City Manager, (ii) the Public Infrastructure is conveyed and dedicated to and accepted by the City or the applicable governmental entity or utility, (iii) the delivery of the Warranty and Covenant to the City as set 3 forth in Section 2(f) above, (iv) the City Manager has reviewed and approved such certificates of the Developer, accompanied by back-up draws, invoices, receipts or payment details as they may reasonably request, and the City Manager shall have approved the amount expended upon the Public Infrastructure by the Developer and requested by the Developer for reimbursement under the Grant Agreement (the "Approved Public Infrastructure Amount"), (v) the Shopping Center is completed to the point that at least one of the Anchors has completed its building, received a certificate of occupancy from the City and opened for business, fully stocked as a normal store for its national brand, for at least one (1) day, and (vi) no Event of Default, or other event which with the giving of notice or passage of time, or both, having occurred and continuing. City Manager shall, upon the written request of Developer, issue a letter (the "IDB Letter") to the IDB, with a copy to the Developer and the County, stating that the Public Infrastructure has achieved Final Completion and that the Public Infrastructure may be used for vehicular traffic by the public and the utilities installed as part of the Public Infrastructure may be used for their intended purpose, and requesting that the Grant Amount be funded to the Developer under the Grant Agreement for the reimbursement of the Approved Public Infrastructure Amount and a portion of the Project costs. Any such request by the Developer for an IDB Letter shall be accompanied by written authorizations from all the City or other government offices and agencies as above-mentioned approving the completion and accepting all Public Infrastructure and the applicable Anchor's building, if required by the City Manager. b. The Developer shall maintain documentation for all expenditures for the Public Infrastructure, and such books, records, and documents of the Developer shall be maintained for a period of three (3) full years from the date of the final payment of the Grant Amount and shall be subject to audit at any reasonable time and upon reasonable notice by the IDB, the City or the County or their duly appointed representatives, such audit to be performed on-site and no more than annually, upon reasonable notice and during customary business hours. The Developer agrees to make books and records and all other relevant information available for such audit. The right to perform such audits shall extend three (3) years from the final payment of the Grant Amount. c. Developer shall, subject to events of Force Majeure and subject to obtaining written authorizations from all such the City government offices and agencies, cause all of the Work required to achieve Final Completion to be completed within ninety (90) days after Substantial Completion, provided, however, if such Work by its nature cannot reasonably be completed within such 90-day period ( e.g. due to unavailable traffic signal components), then the City shall not declare an Event of Default hereunder so long as Developer is continuously and diligently pursuing Final Completion. d. To the extent caused by the negligence of Developer, or the negligence of the General Contractor, its subcontractors or others engaged by Developer or its affiliates, Developer shall indemnify, defend, and hold the City and the County harmless from any and all claims, liability, damages, loss, cost, and expense of every type whatsoever arising out of the Work or the Project, including, without limitation, attorney fees and expenses for a period of one (1) year following the final payment of the Grant Amount. 4  Anything to the contrary notwithstanding, the Developer agrees that all infrastructure improvements will be done in accordance with City of Cookeville codes, specifications, rules and regulations. 6. Force Majeure. "Force Majeure" means any of the following that prohibits, delays or materially interferes with the construction of the Project or any material portion thereof: strikes; lock-outs; unavailability or shortages of required materials and supplies, including, without limitation transformers; acts of the public enemy; governmental approvals in addition to those contemplated herein from the City Manager; the enactment, imposition or modification of any applicable law which occurs after the Effective Date and precludes performance under this Agreement; confiscation or seizure by any government or public authority; wars or war-like action; blockades; insurrections; riots; civil disturbances; governmental restrictions; epidemics; pandemics; sink-holes or the presence of karst that requires material remediation or other materially adverse unforeseen subsurface conditions; landslides; earthquakes; fires; hurricanes; floods; wash-outs; explosions; nuclear reaction or radiation; radioactive contamination; or any other cause, whether of the kind herein enumerated or otherwise, which is not reasonably within the control of the Party claiming the right to delay or postpone performance on account of such occurrence, but specifically excluding any financial condition, lack of funds, lack of financing, insolvency, or bankruptcy of such party. An extension of time for the performance by any party hereunder attributable to Force Majeure shall be limited to the period of delay due to such Force Majeure, which period shall be deemed to commence from the time of the commencement of the Force Majeure. Notwithstanding the foregoing, however, no Force Majeure shall excuse the timely paying any money as provided in this Agreement. 7. Default. a. Default. If Developer fails to comply with any of the terms of this Agreement, after the giving of any required notice, and lapse of applicable cure period, the City Manager may determine that Developer is in default of the terms of this Agreement. The following shall each be deemed to be an "Event of Default" hereunder: i. Failure to use diligent commercially reasonable efforts to complete the Work pursuant to the standards described herein (this may be before the Required Completion Date if the Work completed to date is delayed or substandard), or any other failure by Developer to timely perform any other of the Developer's Obligations within the time period required, any of which failure is not cured within thirty (30) days after written notice from the City to Developer, provided, however, if such failure by its nature cannot reasonably be cured within such thirty (30) day period then no Event of Default shall be deemed to exist as long as Developer commences curing the failure within such thirty (30) day period and thereafter continuously and diligently prosecutes cure to completion, but in any event within sixty (60) days after such notice; or ii. The occurrence of any default or event of default by Developer under the Construction Contract. 111. Developer shall fail to perform any of the Developer's Obligations or other covenant, agreement, provision or condition under this Agreement, which failure is not cured within thirty (30) days after notice from the City; provided, however, if such failure by its 5 nature cannot reasonably be cured within such thirty (30) day period then no Default shall be deemed to exist as long as Developer commences curing the failure within such thirty (30) day period and thereafter continuously and diligently prosecutes cure to completion, but in any event within sixty (60) days after such notice (it being agreed and understood that any such notice and opportunity to cure given hereunder or under the Project Documents for the same failure to perform shall run concurrently and not be in addition to any other such notice and opportunity to cure). The City shall provide a copy of any notice of any Event of Default hereunder to the County simultaneously with the delivery of such notice to Developer. b. Remedies. If the City Manager determines that Developer has committed an Event of Default, the City shall have any of the following non-exclusive remedies against Developer: 1. The City shall have the right but not the obligation to complete the Developer's Obligations, including without limitation, the construction, installation and completion of Work in accordance with the Project Documents ("City Self-Help"), and deduct the cost thereof, plus a 20% management fee on the cost thereof (collectively, the "City Self-Help Amount") as compensation for its time and effort in connection therewith (which Developer agrees is reasonable under the circumstances), from the funds the City has agreed to fund for the reimbursement of Project costs by the IDB under the Grant Agreement (and the Grant Amount shall be reduced by such City Self-Help Amount and set forth in the IDB Letter); provided, however, that the City's Self-Help shall be subject and subordinate to the right of each Anchor Tenant and secured lender of record to exercise its self-help remedy under its applicable site development agreement or loan documents, as applicable, which shall be provided to the City Manager; ii. If the Developer does not complete the Work and obtain the IDB Letter enabling it to obtain the Grant Amount on or before the second (2nd) anniversary of the Effective Date, subject to Force Majeure, the City may (i) recover any City Self-Help Amount incurred pursuant to Section 7.b.i from the Developer, plus interest thereon at the maximum rate of interest permissible under applicable law, and (ii) terminate this Agreement in which event the City and the County shall not be obligated to fund the Grant Amount to the IDB; 111. Specific performance, requiring Developer to complete Developer's Obligations hereunder; lV. Reasonable attorneys' fees and costs of pursuing any such remedies; and v. Any other remedy available at law or in equity. 8. Assignment - Consent Required. The provisions of this Agreement shall inure to the benefit of and shall be binding upon the respective permitted successors and assignees of the parties hereto. Neither this Agreement nor any of the rights of Developer or Developer's Obligations hereunder shall be assigned or transferred, in whole or in part, without the prior written consent of the City Manager and Mayor of the County, in its, his or her sole discretion. Any such assignment or transfer shall not release Developer from Developer's Obligations hereunder. 6  9. Notices. All notices and other communications permitted or required hereunder shall be in writing and may be served and given by personal delivery service or by reputable overnight courier addressed as follows: If given to Developer: - Attention: With a copy being simultaneously given by the same method of delivery to: Attention: If given to the City: City of Cookeville, Tennessee 45 East Broad Street Cookeville, TN 38501 Attn: City Manager With a copy being simultaneously given by the same method of delivery to: Attention: If given to County: Putnam County Mayor's Office 300 East Spring Street Room8 Cookeville, TN 38501 Attn: Mayor With a copy being simultaneously given by the same method of delivery to: Attention: A copy of all notices under this Agreement shall be simultaneously given by the same method of delivery to the IDB: 7  Attention: Any notice so sent by personal delivery service or reputable overnight courier shall be deemed given on the date of first attempted delivery or refusal as indicated on the receipt of the personal delivery service or reputable overnight courier. In the event a notice begins the running of a time period under this Agreement during which any party or officer, agent or representative is obligated to respond or else have its approval deemed granted, then such notice must have the following legend, in a prominent position and in all capital letters on its exterior packing and on the interior communication: "TIME SENSITIVE REQUEST - RESPONSE REQUIRED WITHIN A FINITE NUMBER OF DAYS." Each party may, by notice as aforesaid, designate such other person or persons and/or such other address or addresses for the receipt of notices. All notices relating to this Agreement shall be sent to all of the parties in the manner hereinabove set forth. 10. Costs and Attorney Fees. Developer agrees to pay all reasonable costs and expenses (including reasonable attorneys' fees), reasonably incurred by the IDB in the preparation and negotiation of this Agreement, the Grant Agreement, and all related documents and approvals thereof, and that may be reasonably incurred by the IDB, the City or the County in as a direct or indirect result of, or in connection with the administration or enforcement of, and compliance with, this Agreement, the Grant Agreement, or otherwise in regard to the Project. 11. Third Party Beneficiaiy. The IDB shall be considered to be a third-party beneficiary under this Agreement in connection with the giving of notices and its receipt of the IDB letter and Grant Amount as set forth herein. 12. Miscellaneous. This Agreement may be modified, altered, amended, canceled, or terminated only by the written agreement of the parties hereto. For purposes of this agreement, TIME SHALL BE CONSIDERED OF THE ESSENCE, subject delay caused by Force Majeure. The titles, captions and section headings in this Agreement are for convenience only and shall not define, limit or expand the scope of any provision hereof. The particular language of this Agreement, and any question regarding its meaning shall not be resolved by any rule providing for interpretation against the party who caused the uncertainty to exist or against the draftsman. In the event any words or phrases in this Agreement are stricken out or otherwise eliminated, whether or not any other words or phrases are added in their place, this Agreement shall be construed as though such words or phrases were never included herein and no inference shall be drawn therefrom. Unless the context indicates otherwise, (i) the terms "hereof', "hereunder" and "herein" refer to this Agreement as a whole, (ii) the singular includes the plural and the masculine gender includes the feminine and neuter, and (iii) all references to articles, sections and subsections refer to the articles, sections and subsections of this Agreement. If any date specified in this Agreement for the performance of an obligation, the delivery of an item, the giving of a notice or the expiration of a time period falls on a day other than a business day, meaning dates on which the City is open for its business, then this Agreement shall be automatically revised so that such date falls on the next occurring business day. No waiver of any provision of this Agreement shall be deemed to have been made unless it is expressed in writing and signed by the party charged with making the waiver. No delay or omission in the exercise of any right or remedy accruing upon a breach of 8 this Agreement shall impair such right or remedy or be construed as a waiver of such breach. The waiver of any breach of this Agreement shall not be deemed to be a waiver of any other breach hereof. This Agreement shall be governed by and construed in accordance with the laws of the State of Tennessee and shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors in interest and assigns. Venue for all matters arising under this Agreement shall be in the courts of Putnam County, Tennessee, and the parties hereto hereby consent to the jurisdiction of such courts for any such legal proceedings. Each part of this Agreement is intended to be severable. Nothing contained in this Agreement shall be deemed or construed by the parties hereto or by any third person to create the relationship of principal and agent, partnership,joint venture or any association between the City, the County, the IDB and the Developer If any term, covenant, condition or provision of this Agreement is held to be unlawful, invalid or unenforceable by a court of competent jurisdiction, to the extent permitted by law, such illegality, invalidity or unenforceability shall not affect the remaining provisions of this Agreement, which shall remain in full force and effect and shall be binding upon the parties. This Agreement may be executed in separate counterparts. It shall be fully executed when each party whose signature is required has signed at least one (1) counterpart even though no one (1) counterpart contains the signatures of all of the parties to this Agreement. The Parties agree that executed copies of this Agreement may be delivered by email (in PDF format), and the same shall have the same validity as if they were delivered in person. 13. Approval Rights. In connection with the City Manager exercising any of its approval rights hereunder, the City Manager shall act in good faith, with due diligence, and in a fair and commercially reasonable manner and to not unreasonably withhold, condition or delay its approval of, consent to or confirmation of any submission or determination. The City Manager shall review the matter submitted in writing and shall give notice within five (5) business days to the Developer comments including approval, confirmation, disapproval or failure to confirm, as applicable. Any failure to respond within such five (5) business day period shall be deemed to be an approval or confirmation of the matter submitted. 14. Governing Law. Anything to the contrary notwithstanding in this Agreement, any dispute arising out of this contract will be governed by the laws of the State of Tennessee and shall be decided in the Chancery Court of Putnam County, Tennessee, as the sole and exclusive venue and jurisdiction for the resolution of any said claims. The parties may voluntarily agree to a non- binding mediation in Cookeville, Putnam County, Tennessee, to resolve any dispute prior to litigation, but are not obligated to do so. Each party shall be responsible for its own fees and costs, except for any provision in the contract where the Developer is obligated to pay the attorneys' fees on behalf of the City of Cookeville, Putnam County, or the IDB, which provisions remain in full force and effect. Any provision in any agreement that requires arbitration or indemnity by either the City of Cookeville, Putnam County, or the IDB is hereby declared null and void. (Signatures on the following page) 9  DEVELOPER: CHM COOKEVILLE, LLC, a Tennessee limited liability company By: ------------ 4855-1780-2742.9  THE CITY: THE CITY OF COOKEVILLE: By: _ James Mills, City Manager Approved as to form and legality: Dan Rader, City Attorney 11 4855-1780-2742.9  THE COUNTY: PUTNAM COUNTY, TENNESSEE: By: _ Randy Porter, Mayor Approved as to form and legality: Jeff Jones, County Attorney 12 4855-1780-2742.9  APPENDIX 7B CITY OF COOKEVILLE BID TABULATION SCHEDULE Cookeville Performing Arts Center & Dogwood Park Improvements DATE OF BID OPENING: Tuesday, November 12, 2024 TIME: 10:00 AM BIDS OPENED BY: Rick Woods -------------- BIDS WITNESSED BY: Chad McDonald & Brystal Parramore DEPARTMENTS: Leisure Services & Public Facilities Cookeville Performing Arts Center & BIDDERS Dogwood Park Improvements Deduct/Alternate 1 Skilled Services Quality Construction, L $ 1,578,600 00 $ 20,600.00 FTM Contracting $ 1,579,000.00 $ 15,000.00 W&O Construction $ 2,149,000.00 $ 26,000.00 Rogers Group Inc. $ 2,001,555.00 $ 40,000.00 HD Commercial, LLC. $ 1,498,000.00 $ 8,000.00 WE THE UNDERSIGNED, DO HEREBY RECOMMEND THE BID FR HD Commercial, LLC. BE AWARDED FOR THE FOLLOWING REASON: lowest qualified bidder. ----'-------------------- J> 14~ RECOMMENDED: DEPT. HEAD ~~ BUDGET AVAILABILITY: FINANCE DIRECTOR -a -a m z C 1-1 >< -.J u,  n.~--.,_-.;.. __ ,,_..._ _ _,tooivrWf ol .,,.,._ __.,, olL"ld--on--------0,ltoniot ... . . ~--K \· \ ,~1~. ~~§ FU ;~ W!' m11 .,. IJ,J -- )t~l~m, . \ c·c.7 ,.,-,'·i=~ .:.-_ ' ---·- .. , __ _l __ / ~·I Fi l -~ - --~ '.,; ,, ; \ 1 - ri I IJo r \ --' \ 11111 11 § ~- I [ I ~ ~ ....,._'=-:,--" ~ ~ d s ~ Hp tn ~ ! HH z ~ ~ g 'Tl E ti! I! ~ -~- --- -- H~ 0 t 0 ! ~ I ~ ~ ~m ;ijij~ !!~ -u- CPAC AND DOGWOOD >1 PARK IMPROVEMENTS Kimley>>> Horn - ;i COOKEVILLE, TN LEISURE SERVICES 214 oc..rlllde Drive, Naahvlle, TN 37204 Main: 81!;!4~ :WW-!!,~-rom.com  , ,. <>! W O:)'UIO\l ·Aarw •~ ,N M\ I ioa i,g; S\9 UflW S3'.Jl/\tl3S 3tlnSl37 l>OZLC Nl •:,i~A4~HN '&N>Q tp1suf;):)Q ;,1z ... N.l '3771/\3>100'.J 9 S.lN3V\13t\OcldV\II >lc!Vd !:J OOOM800 ONV 8Vd8 G, 0 I !I I • • v, T. OF COOKE'/JLLE FOL•C.E ST.CPAC '.IAP 5JG C ,J('4 ,J() i3,\· .'?B 35.7 ?G ~88 w ::) z w > ,::i:: '- =i z _J < s z 1 l i I II I I i .....,..,., .._,....,.._ ._, , ~ _ , ..,- -- -·-·-··""~"' _,. ...,.............. . ,"' , . . ._ , ._ _ ,.-- ..  APPENDIX 7C SERVICE AGREEMENT FOR RATE SCHEDULE FT-1 Date: _ Contract No. 911191-R2 SERVICE AGREEMENT This AGREEMENT is entered into by and between Texas Eastern Transmission, LP, ("Pipeline") and COOKEVILLE GAS DEPT, CITY OF ("Customer"). WHEREAS, Customer and Pipeline are currently parties to an executed service agreement dated October 28, 2014, under Pipeline's Rate Schedule FT-1 (Pipeline's contract No. 911191-R1 ); and WHEREAS, Customer and pipeline desire to enter into this Service Agreement to supersede Pipeline's currently effective Contract No. 911191-R1; NOW THEREFORE, in consideration of the premises and of the mutual covenants herein contained, the parties do agree as follows: 1. Pipeline shall deliver and Customer shall take and pay for service pursuant to the terms of this Agreement and subject to Pipeline's Rate Schedule FT-1 and the General Terms and Conditions of Pipeline's Tariff, which are incorporated herein by reference and made a part hereof. 2. The Maximum Daily Quantity (MDQ) for service under this Agreement and any right to increase or decrease the MOO during the term of this Agreement are listed on Exhibit D attached hereto. The Point(s) of Receipt and Point(s) of Delivery, respectively, are listed on Exhibits A and B attached hereto. Customer's Zone Boundary Entry Quantity and Zone Boundary Exit Quantity for each of Pipeline's Zones are specified on Exhibit C attached hereto. Exhibit(s) A, B, C, and D are incorporated herein by reference and made a part hereof. Pipeline shall not be obligated to, but may at its discretion, receive at any Point of Receipt on any Day a Quantity of Gas in excess of the applicable Maximum Daily Receipt Obligation (MORO), plus Applicable Shrinkage, but shall not receive in the aggregate at all Points of Receipt on any Day a Quantity of Gas in excess of the applicable MOO, plus Applicable Shrinkage. Pipeline shall not be obligated to, but may at its discretion, deliver at any Point of Delivery on any Day a Quantity of Gas in excess of the applicable Maximum Daily Delivery Obligation (MDDO), but shall not deliver in the aggregate at all Points of Delivery on any Day a Quantity of Gas in excess of the applicable MDQ. 3. This Agreement shall be effective on January 1, 2025 and shall continue for a term ending on and including October 31, 2035 ("Primary Term") and shall remain in force from year to year thereafter unless terminated by either party upon 1 year prior written notice prior to the end of the Primary Term or any successive term thereof. This Agreement may be terminated at any time by Pipeline in the event Customer fails to pay part or all of the amount of any bill for service hereunder and such failure continues for thirty (30) days after payment is due; provided, Pipeline gives thirty (30) days prior written notice to Customer of such termination and provided further such termination shall not be effective if, prior to the date of termination, Customer either pays such outstanding bill or furnishes a good and sufficient surety bond or other form of security reasonably acceptable to Pipeline guaranteeing payment to Pipeline of such outstanding bill. Any portions of this Agreement necessary to correct or cash-out imbalances under this Agreement as required by the General Terms and Conditions of Pipeline's Tariff shall survive the other parts of this Agreement until such time as such balancing has been accomplished. If this Agreement qualifies as a "ROFR Agreement" as defined in the General Terms and Conditions of Pipeline's Tariff, the provision of a termination notice by either Customer or Pipeline, pursuant to Page I of3  Contract No.: 91 I 191-R2 the preceding paragraph, a notice of partial reduction in MDQ pursuant to Exhibit D or the expiration of this Agreement of its own terms triggers Customer's right of first refusal under Section 3.13 of the General Terms and Conditions of Pipeline's Gas Tariff. 4. Maximum rates, charges, and fees shall be applicable to service pursuant to this Agreement except during the specified term of a discounted rate or a Negotiated Rate to which Customer and Pipeline have agreed. Provisions governing such discounted rate shall be as specified in the Discount Confirmation to this Agreement. Provisions governing such Negotiated Rate and term shall be as specified on an appropriate Statement of Negotiated Rates filed, with the consent of Customer, as part of Pipeline's Tariff. It is further agreed that Pipeline may seek authorization from the Commission and/or other appropriate body at any time and from time to time to change any rates, charges or other provisions in the applicable Rate Schedule and General Terms and Conditions of Pipeline's Tariff, and Pipeline shall have the right to place such changes in effect in accordance with the Natural Gas Act. Notwithstanding the foregoing, Customer does not agree that Pipeline shall have the unilateral right without the consent of Customer subsequent to the execution of this Agreement and Pipeline shall not have the right during the effectiveness of this Agreement to make any filings pursuant to Section 4 of the Natural Gas Act to change the MDQ, the term of the agreement, the Point(s) of Receipt, the Point(s) of Delivery, or the firm character of the service hereunder. Nothing contained herein shall be construed to deny Customer any rights it may have under the Natural Gas Act, including the right to participate fully in rate or other proceedings by intervention or otherwise to contest such changes in whole or in part. 5. All Natural Gas tendered to Pipeline for Customer's account shall conform to the quality specifications set forth in Section 5 of Pipeline's General Terms and Conditions. Customer agrees that in the event Customer tenders for service hereunder and Pipeline agrees to accept Natural Gas which does not comply with Pipeline's quality specifications, as expressly provided for in Section 5 of Pipeline's General Terms and Conditions, Customer shall pay all costs associated with processing of such Gas as necessary to comply with such quality specifications. Customer shall execute or cause its supplier to execute, if such supplier has retained processing rights to the Gas delivered to Customer, the appropriate agreements prior to the commencement of service for the transportation and processing of any liquefiable hydrocarbons and any PVR quantities associated with the processing of Gas received by Pipeline at the Point(s) of Receipt under such Customer's service agreement. In addition, subject to the execution of appropriate agreements, Pipeline is willing to transport liquids associated with the Gas produced and tendered for transportation hereunder. 6. Unless otherwise required in the Tariff, all notices shall be in writing and shall be considered duly delivered when mailed to the applicable address below or transmitted via facsimile. Customer or Pipeline may change the addresses or other information below by written notice to the other without the necessity of amending this Agreement: Pipeline: As provided for in Section 34.2 of Pipeline's General Terms and Conditions. Customer: COOKEVILLE GAS DEPT, CITY OF 16 NORTH OAK AVENUE COOKEVILLE, TN 38501 7. The interpretation and performance of this Agreement shall be in accordance with the laws of the state of TEXAS, excluding conflicts of law principles that would require the application of the laws of a different jurisdiction. 8. This Agreement supersedes and cancels, as of the effective date of this Agreement, the contract(s) between the parties hereto as described below: Page 2 of3  Contract No.: 9 I l 191-R2 All prior contract(s) between the parties related to the service hereunder. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed by their respective Officers and/or Representatives thereunto duly authorized to be effective as of the date stated above. COOKEVILLE GAS DEPT, CITY OF TEXAS EASTERN TRANSMISSION, LP by its General Partner Spectra Energy Transmission Services, LLC By:------------ By:------------ Legal Approved by KMO, Asset Planning Approved by JDH, Credit Approved by PC Page 3 of3  EXHIBIT A, TRANSPORTATION PATHS FOR BILLING PURPOSES, DATED _, TO THE SERVICE AGREEMENT UNDER RATE SCHEDULE FT-1 BETWEEN TEXAS EASTERN TRANSMISSION, LP ( .. Pipeline'") AND COOKEVILLE GAS DEPT, CITY OF ('"Customer"") DATED _ Exhibit A Effective Date: 01/01/2025 (1) Customer"s firm Point(s) of Receipt:. Maximum Daily Point Receipt Obligation of (plus Applicable Measurement Receipt Description Shrinkage) Responsibilities Owner Operator (dth) 75553 BOBCAT STORAGE - (D73553/R73554) 2,500 TX EAST TRAN BOBCAT BOBCAT ST LANDRY PA., LA STORG STORG (2) Customer shall have Pipeline's Master Location List ("MLL"). Customer hereby agrees that Pipeline's MLL as revised and published by Pipeline from time to time is incorporated herein by reference. Customer hereby agrees to comply with the Receipt Pressure Obligation as set forth in Section 6 of Pipeline's General Terms and Conditions at such Point(s) of Receipt. Transportation Path Transportation Path Quantity ELA to M1 2,500 SIGNED FOR IDENTIFICATION: PIPELINE: _ CUSTOMER: _ SUPERSEDES EXHIBIT A DATED NIA Legal Approved by KMO, Asset Planning Approved by JDH, Credit Approved by PC Page 1 of 1 Contract No.: 91 l 191-R2A2  EXHIBIT B, POINT(S) OF DELIVERY, DATED _, TO THE SERVICE AGREEMENT UNDER RATE SCHEDULE FT-1 BETWEEN TEXAS EASTERN TRANSMISSION, LP ("'Pipeline"") AND COOKEVILLE GAS DEPT, CITY OF ("'Customer"') DATED _ Exhibit B Effective Date: 01/01/2025 Point Maximum Daily of Delivery Delivery Pressure Measurement Delivery Description Obligation Obligation Responsibilities Owner Operator (dth) 71299 EAST TENN GAS - 2,500 AT SUCH PRESSURE TX EAST TRAN EAST TENN EAST TENN HARTSVILLE, TN AVAILABLE IN PIPELINE'S TROUSDALE CO., TN FACILITIES AT THE POINT OF DELIVERY NOT TO EXCEED THE MAXIMUM ALLOWABLE OPERA TING PRESSURE OF THE PIPELINE SIGNED FOR IDENTIFICATION: PIPELINE: _ CUSTOMER: _ SUPERSEDES EXHIBIT B DATED NIA Legal Approved by KMO, Asset Planning Approved by JDH, Credit Approved by PC Page I of 1 Contract No.: 91 I 191-R2B2  EXHIBIT C, ZONE BOUNDARY ENTRY QUANTITY AND ZONE BOUNDARY EXIT QUANTITY, DATED ___, TO THE SERVICE AGREEMENT UNDER RATE SCHEDULE FT-1 BETWEEN TEXAS EASTERN TRANSMISSION, LP ("Pipeline") AND COOKEVILLE GAS DEPT, CITY OF ("Customer"') DATED _ Exhibit C Effective Date: 01/01/2025 ZONE BOUNDARY ENTRY QUANTITY Dth/D TO 1 FROM STX ETX WLA ELA M1-24 M1-30 M2-24 M2-30 M2 M3 l --l I STX I I I ETX -- WLA -- E ' I ELA 2,500 I I T- I 1- - ! i -! I M1-24 I M~ - I -- I ' !r i1 II '. • 1 M2-24 ! ! ! ------+-------------------+ - ------------~'--------·-r--------+-- --------+- --1 ---7--~-:--~ M2-30 ! l M2 ~ - +-- ---+- ----1--- 1 _---1 I I - ;!: l M3 I - ----'-- - ~'l - --L - ~' I I V I . -••--••-- I I .i ' Page 1 of2 Contract No.: 91 l 191-R2C2  EXHIBIT C, ZONE BOUNDARY ENTRY QUANTITY AND ZONE BOUNDARY EXIT QUANTITY, DATED _, ZONE BOUNDARY EXIT QUANTITY Dth/D TO ----- FROM STX ETX ----~--- WLA ELA M1-24 M1-30 ·-- M2-24 I M2-30 ·T-· M2 ~~-- M3 I STX ! ETX WLA ·- ELA 2,500 ·-- ·1 M1-24 I' ; M1-30 I I i I M2-24 - i ------·--1---------·-·--- ----·--·-· ---· ·--··· ''~ M2-30 i M2 I - I : I Ml I I I I I SIGNED FOR IDENTIFICATION: PIPELINE: _ CUSTOMER: _ SUPERSEDES EXHIBIT C DATED N/A Legal Approved by KMO, Asset Planning Approved by JDH, Credit Approved by PC Page 2 of2 Contract No.: 9 l l l 9 l-R2C2  EXHIBIT D, TRANSPORTATION QUANTITIES, DATED _ TO THE SERVICE AGREEMENT UNDER RATE SCHEDULE FT-1 BETWEEN TEXAS EASTERN TRANSMISSION, LP ("Pipeline") AND COOKEVILLE GAS DEPT, CITY OF ("Customer") DATED _ Exhibit D Effective Date: 01/01/2025 MAXIMUM DAILY QUANTITY (MDQ) 2,500 0th Dth Period PARTIAL QUANTITY REDUCTION RIGHTS: Customer elects to partially reduce Customer's Maximum Daily Quantity by N/A 0th as of N/A, or any subsequent anniversary date, upon providing N/A year(s) prior written notice to Pipeline. Pipeline and Customer agree that, if this Agreement qualifies as a "ROFR Agreement", (i) the foregoing contractual right to partially reduce Customer's MDQ is in addition to and not in lieu of any ROFR right to reduce Customer's MDQ on a non-geographic basis upon termination or expiration of this service agreement and (ii) only the partial reduction pursuant to the foregoing contractual right to partially reduce Customer's MDQ is subject to the ROFR procedures specified in the General Terms and Conditions of Pipeline's Tariff and Customer may retain the balance of the MDQ without being subject to the ROFR procedures. PIPELINE: ------------------ CUSTOMER: _ SUPERSEDES EXHIBIT D DATED N/A Legal Approved by KMO, Asset Planning Approved by JDH, Credit Approved by PC Page I of I Contract No.: 91 I 191-R2D2  APPENDIX 7D CITY OF COOKEVILLE DEPARTMENT OF WATER QUALITY CONTROL 2024 SPRING ST STORM AND SANITARY SEWER IMPROVEMENT PROJECT DATE OF BID OPENING 29-Oct-24 TIME: 2:00 PM ----------------- BIDS OPENED BY MATTHEW PHILLIPS BIDS WITNESS BY MARIE GAMBLE BIDDERS SCH. A: STORM SCH. B: SANITARY SCH. C: TRAFFIC CONTROL & ALLOWANCE TOTAL (A-C) JOHN T. HALL CONSTRUCTION, INC. $757,175.00 $601,300.00 $153,750.00 $1,512,225.00 MACK CONSTRUCTION $1,389,555.00 $1,340,645.00 $600,000.00 $3,330,200.00 ROGERS GROUP $816,820.00 $579,780.00 $585,760.00 $1,982,360.00 DNB - DID NOT BID DNMS - DID NOT MEET SPECS WE, THE UNDERSIGNED, DO HEREBY RECOMMEND THE BID FROM - JOHN T. HALL CONSTRUCTION, INC. - BE AWARDED FOR THE FOLLOWING REASON; LOW BID MEETING SPECIFICATIONS ~~ BUDGET AVAILABILITY: FINANCE DIRECTOR t 0(~ b~. ;4-rr\t1'\Mt.MC w, n ll ~ eces.92,11. tt. A~e-<2 ':fli~ECrviooED: l> DEPARTMENT HEAD 'a 'a m z C .... >< .... C  Legend - Proposed 1 O" Sewer ■-■ Proposed Storm Water -- Existing Sewer Gravity Mains Parcels Requiring Easement LJ Parcels Requiring Easement ,.  APPENDIX 7E CITY OF COOKEVILLE DEPARTMENT OF WATER QUALITY CONTROL ELECTRICAL COMPONENTS FOR WATER TREATMENT PLANT GENERATOR PROJECT ARP PROJECT 2023-9684 DATE OF BID OPENING 7-Nov-24 TIME 10:00AM BIDS OPENED BY --------------- GLENN GREENWOOD BIDS WITNESS BY BARRY TURNER 2500 KVA PAD MOUNTED BIDDERS 4/0 URD PRIMARY CABLE EST. DELIVERY TIME PAD MOUNTED SWITCHGEAR EST. DELIVERY TIME TRANSFORMER EST. DELIVERY TIME BORDER STATES DNMS 118 WEEKS DNB DNB $122,650.00 05/2025 DECO DNMS 50WEEKS DNB DNB $76,511.00 52 WEEKS GRESCO UTILITY SUPPLY $4.98 03/2025 DNB DNB $100,513.00 MID-2026 IRBY $5.05 12 WEEKS $101,187.50 118 WEEKS DNB DNB WESCO DISTR, INC. $5.21 16 WEEKS $228,930.00 59WEEKS $115,514.00 70 WEEKS DNB - DID NOT BID DNMS - DID NOT MEET SPECS WE, THE UNDERSIGNED, DO HEREBY RECOMMEND THE BID FROM - AS HIGHLIGHTED - BE AWARDED FOR THE FOLLOWING REASON; BEST EVALUATED BID '~!Jm,£ BUDGET AVAILABILY: FINANCE DIRECTOR l> ~ ~ m z C 1-1 >< "-I m