Contract
Exhibit 10.2.20
AMENDMENT
TO THE COLLABORATION AGREEMENT
This
Amendment to the Collaboration Agreement is made to be effective as of 5th day
of Sept., 2008, and amends that certain Collaboration Agreement, dated March 19,
2007 (said Amendment and Collaboration Agreement hereinafter collectively
referred to as the "Collaboration Agreement.").
Kansas
City Power & Light Company ("KCPL"), the Sierra Club, and the Concerned
Citizens of Platte County, Inc. ("CCPC") (collectively, the "Parties") conducted
discussions related to the latan Generating Station utility waste landfill and
the Community Investment provisions of the Collaboration Agreement.
Whereas,
the Parties hereby agree in accordance with Section VI, paragraph j. of the
Collaboration Agreement, to amend the Collaboration Agreement as follows:
1. In
the Collaboration Agreement, under the heading "Agreements" in Section III,
subsection e., third sentence, "In addition, KCPL agrees to grant $60,000 to
support ozone and PM monitoring within the great Kansas City region, to be
administered by the Mid-American Regional Council;" shall be replaced with "In
addition, KCPL agrees to grant $60,000 to Platte County, Missouri to support its
Green Build program;".
2. The
following language shall be inserted into the Collaboration Agreement under the
heading "Agreements" in Section IV, subsection e. after the third
sentence.
"This
release also includes, without limitation, the release of any claims the Sierra
Club or CCPC may have concerning the permit for KCPL to construct a Utility
Waste Landfill issued on July 16, 2007 in response to the Utility Waste Landfill
Construction Permit Application for KCPL, MDNR Job No. NJ06GPLF, Iatan
Generating Station, Platte County, Missouri received as a complete application
August 7, 2006."
3. In
the Collaboration Agreement, under the heading "Agreements" in Section IV,
subsection g shall be deleted in its entirety.
4. The
following language shall be inserted into the Collaboration Agreement under the
heading "Agreements" after Section V.
"Section
VI. Iatan Generating
Station Utility Waste Landfill: Additional Constituents for Detection
Monitoring
KCPL
agrees to complete annual detection monitoring of the leachate in the leachate
pond at the Iatan Generating Station utility waste landfill for the following
three additional constituents: molybdenum, hexavalent chromium and potassium.
The detection monitoring will be an annual sample of the leachate collected from
the leachate pond. The annual samples will be collected beginning with the first
May groundwater sampling event that follows placement of coal combustion
byproducts in the latan Generating Station utility waste landfill. If no
leachate is present in the pond, the sample will be collected during the next
annual leachate detection monitoring event during which leachate is
present.
If the
leachate monitoring detects any of the three constituents (molybdenum,
hexavalent chromium, and potassium) in an amount above the detection limits, the
next groundwater monitoring well sampling event will include the detected
constituent. The groundwater monitoring well sample test will include that
additional detected constituent only (in addition to any monitoring otherwise
required independent of this agreement). If this sample test detects that
constituent at a level at or above the detection limits, the analytical results
for the detected constituent(s) ("Analytical Results") from that sample will be
provided electronically to the Sierra Club and CCPC at the same time the
groundwater monitoring well sampling report is submitted to the MDNR. The
Analytical Results from the groundwater and leachate sampling will be sent to
the following e-mail addresses:
For the Sierra
Club:
Xxxxxxx
Hope
xxxxxxx.xxxx@xxxxxxxxxx.xxx xxxxxxxx.xxxxxxx@xxxxxxxxxx.xxx
Sierra
Club
00 Xxxxxx
Xxxxxx, 0xx
Xxxxx
Xxx
Xxxxxxxxx, XX 00000
For the Concerned Citizens
of Platte County:
Xxxxx X.
Xxxxx, Chairperson
xxxxxxx000@xxxxx.xxx
Concerned
Citizens of Platte County
XX Xxx
00
Xxxxxx
Xxxxx, XX 00000
with
copies to
Xxxxxxx
X. Xxxxxxx xxxxxxxx@xxxxxxxxxxx.xxx
Director,
Interdisciplinary Environmental Clinic
Washington
University School of Law
One
Brookings Drive – Xxxxxx Xxx 0000
Xx.
Xxxxx, XX 00000
Great
Rivers Environmental Law center
000 Xxxxx
Xxxxxx, Xxxxx 000
Xx.
Xxxxx, XX 00000
The
Sierra Club and the CCPC shall notify KCPL of any changes in the address or
individuals to receive the Analytical Results using the Notice provisions of the
Collaboration Agreement at Section VI, paragraph g. If at any time the
Analytical Results that are sent to Sierra Club and CCPC are returned
undeliverable after two successive attempts, first via e-mail and second via
U.S. Mail, and KCPL ensures that both communications were accurately addressed,
KCPL will conduct no further detection monitoring for any of the three
constituents (molybdenum, hexavalent chromium, and potassium).
If the
annual leachate detection monitoring does not detect any of the three
constituents (molybdenum, hexavalent chromium, and potassium) in an amount above
the detection limits, no groundwater monitoring well sample will be collected
and no Analytical Results will be provided. In that case, the detection
monitoring for the leachate in the leachate pond will be conducted the following
May.
If
groundwater detection monitoring detects any of the three constituents
(molybdenum, hexavalent chromium, and potassium) in an amount above the
detection limits, but for five years thereafter does not detect the constituent
previously detected, no further groundwater sampling will be conducted until the
annual detection monitoring detects the respective constituent in the leachate
collected from the leachate pond.
Section
VII. Iatan
Generating Station Utility Waste Landfill Cap.
When KCPL
places a final cover on the utility waste landfill, its specifications will meet
or exceed all applicable requirements in the Iatan utility waste landfill permit
issued by the State of Missouri and the Missouri utility waste landfill
regulatory requirements in place at that time.
5. In
the Collaboration Agreement under the heading "Agreements", the
subheading
"Section
VI" shall be replaced with "Section VIII."
IN
WITNESS WHEREOF, this Agreement has been executed by Kansas City Power &
Light Company, the Sierra Club, and the Concerned Citizens of Platte County and
is effective as of Sept. 5, 2008.
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AGREED
ON BEHALF OF KANSAS
CITY
POWER & LIGHT COMPANY BY:
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AGREED
ON BEHALF OF SIERRA CLUB –
BY:
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/s/
Xxxxxxx X. Xxxxxxx
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/s/
Xxxxxxx X. Hope
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Name: Xxxxxxx
X. Xxxxxxx
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Name:
Xxxxxxx X. Hope
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Title: General
Counsel & Chief Legal Officer
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Title:
Assoc. Regional Representative
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Date: 9/4/08
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Date:
8-12-08
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AGREED
ON BEHALF OF CONCERNED CITIZENS OF PLATTE COUNTY BY:
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Name: Xxxxxx
X. Xxxxxx
Title: Sierra
Club Kansas City Chapter
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/s/
Xxxxx X. Xxxxx
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Date: 8-15-08
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Name: Xxxxx
X. Xxxxx
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Title: Chairperson
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/s/ Xxxxxx
X. Xxxxxx
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Date:
8/12/08
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