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MEMORANDUM OF UNDERSTANDING <br /> BETWEEN OZARK MOUNTAIN POULTRY, INC. <br /> AND <br /> THE CITY OF BATESVILLE, ARKANSAS <br /> THIS MEMORANDUM OF UNDERSTANDING ("MOU") is entered into effective as of <br /> March , 2024(hereinafter, the "Effective Date"), by and among Ozark Mountain Poultry, <br /> Inc., an Arkansas corporation("OMP") and the City of Batesville, a municipality existing under <br /> the laws of the State of Arkansas(the"Cily"together with OMP, each a"Party" and collectively <br /> the"Parties"). <br /> WHEREAS,the City and OMP both desire to support community development projects with quality <br /> of life and economic benefits for the City's residents. <br /> WHEREAS,the City is planning a community development project that includes an expansion of the <br /> City's trail system in an effort to connect downtown areas of the City to Riverside Park (the "Trail <br /> Project"). <br /> WHEREAS,in City has asked OMP to convey title to an approximate 1.34 acre tract of land to the <br /> City(the"Parcel")in support of the Trail Project for the City's use in constructing a portion of the trail <br /> across the Parcel and then alongside Southerland Drive in close proximity to OMP's processing plant <br /> (the"Plant")including areas where live birds are transported to the plant and where wastewater from <br /> the plant is treated before being discharged to the City's municipal wastewater treatment plant (the <br /> "Area of Interest"). <br /> WHEREAS,OMP desires to support the Trail Project but has raised concerns that some residents and <br /> tourists using the trail may react negatively to perceived Plant-related conditions they may observe or <br /> experience within the Area of Interest due to nearby and preexisting manufacturing and industrial <br /> activities. <br /> WHEREAS,OMP has encouraged the City to evaluate alternative routes for the Trail Project but the <br /> City maintains that no feasible alternative route exists; <br /> WHEREAS, given the City's position that extending the trail into the Area of Interest is the only <br /> available option for completing the Trail Project, OMPs has requested, and the City has agreed to <br /> provide,certain assurances in this MOU in response to OMP's concerns; <br /> NOW THEREFORE,for good and valuable consideration,the receipt and sufficiency of which <br /> are hereby acknowledged, the Parties agree as follows: <br /> 1 <br />