The URL can be used to link to this page

Home My Public Portal AboutORD15172SUBSTITUTE BILL NO. 2013-71 SPONSORED BY COUNCILMAN _ _.;S;;o..;;;c;.;...;.riv.;;..;.n.;.;;;e;.;....r ___ _ ORDINANCE NO. __ ___.}L....llii~~J 7~~------ AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A DEVELOPMENT AGREEMENT WITH CAPITAL REGION MEDICAL CENTER . BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The Mayor and City Clerk are hereby authorized to execute a Development Agreement with Capital Region Medical Center. Section ~.The agreement shall be substantially the same in form and content as the agreement attached hereto as Exhibit 1. Section ~. This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed: J,.yz}: /~ l/)1 !_ Approved: __ ..:.......,..~~-- Mayor ATTEST: APPROVED AS TO FORM: rJ4~~~A~ 1ty Clerk 537~~/ &tcounselor 0 CITY OF JEFFERSON DEVELOPMENT AGREEMENT THIS AGREEMENT, entered into this 2 day of Gam// , 2013, between the City of Jefferson, Missouri 320 East McCarty, Jefferson City, Missouri, 65101, a municipal corporation, herein referred to as "City," and Capital Region Medical Center herein referred to as "Capital Region." WITNESSETH: WHEREAS, Capital Region is in the process of developing an approximately thirty five million dollar addition to their hospital campus; and WHEREAS, such a development would cause several changes to traffic patterns in the area and require the vacation of certain right of way; and WHEREAS, the City and Capital Region desire to cooperate on the development of this addition which will benefit the City as a whole as well as Capital Region. NOW THEREFORE, in consideration of the mutual agreements and covenants set forth herein, the parties agree as follows: A. OBLIGATIONS OF CAPITAL REGION AND CITY. Generally, the parties acknowledge and agree that Capital Region's agreement to perform and abide by the covenants and obligations of Capital Region set forth herein is material consideration for City's agreement to perform and abide by the covenants and obligations of the City set forth herein. B. OBLIGATIONS OF CAPITAL REGION. 1. Capital Region, its agents and assigns shall install any and all public improvements required as part of, or applicable to, the development of the improvement to the Capital Region campus in accordance with all city standards and specifications at the time that the project above is developed through site plan approval. Subject to requested variances. 2. Any City maintained Sanitary Sewer shall be in the following manor: a. Existing sanitary sewers shall be replaced and/or rerouted at any location where fill has been placed above the sanitary sewer line. b. The currently existing 6 -inch diameter sewer main from the north end of the Capital Region complex to the South Side of Franklin shall be replaced with a sanitary sewer in accordance with City and State standard. c. For all areas which are remodeled or built as a result of this project, sources of rain and groundwater shall be separated from the sanitary sewer drains. d. Any newly constructed facilities shall observe the sewer use ordinances including Sec 29 -95. B. 3. e. Capital Region shall provide any necessary right of way at no cost to the City for the construction of roadways required pursuant to the obligations of the City setout below. C. OBLIGATIONS OF CITY. 1. The City agrees apply its best efforts, exercised in good faith, to process any and all requests and applications filed by the Capital Regions for the project stated above. 2. The City shall promptly file appropriate documents with the Planning and Zoning Commission or the board of adjustment and the City Council to indicate staff recommendations for support of the development. 3. The City shall vacate the right of way known as "Woodlawn Avenue" and alleys within the campus, which will result in the reversion to the adjacent property owner, Capital Region. Such vacation shall be approved no later than 9cfnher.- 34 3�' 2013, subject to the ability to relocate any public utilities within the right of way. 4. Provide for two -way traffic on Monroe Street from the new development from Woodlawn Ave. to Stadium Blvd. The City shall use every effort to complete construction on this road by the end of summer 2015. 5. Allow Capital Region two entrances to the Hospital campus from Madison Street, which shall be built in accordance with City standards. 6. Facilities will be provided evaporation credits for metered potable waters diverted from the sewer (cooling towers, etc.) D. MODIFICATION OF AGREEMENT. This Agreement shall not be modified or amended except by a written instrument approved and signed by the parties hereto. E. SEVERABILITY. Any illegal or unenforceable provision of this Agreement will be severed here from and will not render invalid the remaining provisions of this Agreement. F. LAW TO GOVERN. This agreement shall be construed according to laws of the State of Missouri. Capital Region and the City shall comply with all local, state, and federal laws and regulations relating to the performance of the agreement. G. NOTICES. Any communications between the City and the Capital Region, payments and notices provided herein to the given or made, may be given or made by mailing the same to the City at 320 East McCarty, Jefferson City, Missouri 65101 and to the Capital Region at 1125 Madison Street, Jefferson City, Missouri, 65109 or to such other addresses as either party may in writing hereafter indicate. IN WITNESS WHEREOF, the parties have hereto set their hands and seals the last date written above. CITY OF JEFFERSON Mayor ATTEST: City erk APPROVED AS TO FORM: CAPITAL REGION MEDICAL CENTER Title: py4ps t ( AJ7 ATTEST: