HomeMy Public PortalAboutORD13684 BILL NO. 200117
SPONSORED BY COUNCILMAN Groner.
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, APPROVING A
DEVELOPMENT AGREEMENT WITH CHERRY CREEK LAND, LLC.
BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS
FOLLOWS:
Section 1. The Mayor and City Clerk are hereby authorized and directed to
execute a Development Agreement with Cherry Creek Land, LLC for tho area known as
the Cherry Creek development.
Section 2. This Agreement shall be substantially the same in form and content
as the agreement attached hereto as Exhibit 1 .
Section 3, This Ordinance shall be in full force and effect from and after the date
of its passage and approval.
Passed: -. /Z. . �- �l Approved:
Presiding Officer Mayor
ATTEST: APPROVED AS TO FORM:
Cfi ty Clerk City °'o,unselor
V
Development Agreement
beliveen
The City of',Jef Ierson
at l
Cher)y creak Land, LLC
THISAGREEMIEN'I'(hcrcinii,ftcr"Apreenici>t") enteredintothis l _ day of AY
2004 by and between the City ot'Jefterson, Missouri, 320 Last McCarty, .Ic{'te.rson City Missouri,
65101, a municipal corporation, hercinalier referred to as "City," and Cherry Creek Land, LLC,
hereinafter referred to as the "Developer."
W1TNESSE'1'11:
WHEREAS, the City may enter into agreements front time to tinle to ensure the orderly
development of property in and around the City-, and
WHEREAS,-the Developer and the City desire to enter an agreement by which to Facilitate
the orderly development ol'the properly; and
WHEREAS,the City and Developer have entered into a series ol'incetings and negotiations
in order to advance their mutual interest; and
WHEREAS, it is in the Developer's befit interest that the City maintain and operate a
regional storm water detention basin; and
WHEREAS, it is in the Developer's hest interest that appropriate and adequate
sidewalks/trails provide ingress and egress fin•his development; and
WHEREAS, it is in the Developer's best interest that adequate green space is provided in
and near his development;
NOW THEREFORE, in consideration ofthc mutual promises and covenants hereinafter
set forth, and other good and valuable consideration, the City and Developer do hereby covenant
and agree as follows:
1. DEVELOPER OBLIGATIONS
Developer agrees to:
a. Construct it Mg1011al StOrIll hater detention basin oil Cherry Creek Subdivision Lot
6. Said basiil shat l be constructed beI'me or contemporaneously with the construction
I
Y
of any other improvements. Said basin shall be of a size and capacity as shown on
Appendix A, provided however that if site condition; would make such a design
impossible to Construct or prohibitively expensive, City shall consent to a reduction
of the size and City's obligations under § 2(h) of this agreement shall be
proportionally reduced.
b. Construct all sanitary and storm sewers within the Subdivision boundaries.
Developer will maintain all sanitary sewer sub-mains that branch from the eastern
and western sewer main. Developer will maintain all storm sewer sub-mains and
structures that branch from the main storm sewer.
C. Provide to the City, sanitary sewer casements fbr sanitary and storm sewer mains 161.
access and maintenance.
d. Acquire Lot 4, Garden View Terrace Subdivision, Section I and donate the same to
the City.
C. Provide a concrete paved Greenway 'frail/Access Road, in accordance with City
Standards, from Twin I fills Road to Cherry Creek Court in lice ofapproximately 700
If of"sidewalk along Route 179/Rock Hill Road.
i. Said Greenway will be approximately One Thousand Two Hundred feet
('1200) in length.
ii. The location of said Greenway shall be as shown in Appendix. A unless
otherwise agreed by the parties.
f. Adjust grading plan for the eastern most 300 It oWlierry Creek Subdivision Lot 6
to provide an approximately 280 It by 150 It level area with 6" of top soil and at 2%
cross slope.
b. Alter completion of improvements to Chcrry Creek Lot 6, Developer agrees to
donate Lot 6, Cherry Crock Subdivision, to the City.
2. CITY OBLiGATIONS
The City will
a. Accept Cherry Creek Lot 6 by conveyance or deed.
b. Accept Garden View Terrace Lot 1 by conveyance of deed.
C. Accept and maintain the regional storm water detention basin.
d. Accept and maintain Grecnway trail/access road.
C. Accept and maintain storm sewers located oil City property and storm sewer main in
the subdivision.
f. Acccpt in([ maintain platted storm and sanitary sewers located on City property, or
which have been dcdicatcd to the City and accepted, and eastern and western sewer
mains located on casements within the boUllda►'iCS ofthc SUbdivision.
g. Permit Cherry Creek Lot 6 to he considered ;IS part ofthc"green Space"requirelllent
liar the subdivision.
h. The City shall pay to the DCVCl0per the sum of Ninety'1'housand and 110/100 Dollars
(590,000.00) as contribution tllwal'(IS construction of the regional storm water
retention basin.
G. General Provisions:
a. All elements ofthe development and infrastructure shall comply with the ordinances,
regulations and standar(IS of�thc City.
h. Subdivision, buildings, streets, utilities, sidewalks, and trails shall be constructed
substantially in compliance with the plans submitted to the City and attached hereto
as Appendix A as if nulre fully 111(1 Co111plCtelV Set Out I1Cl'Clll.
C. '['he pert ies ackr►owlc(Ige and agree that Developer's agi-cement to perlorm and abide
by the covenants and obligations of Developer set forth herein is material
cinlsideratioll 161- City's agreement to perform and abide by the covenants and
Obligations ofC'ity set forth herein.
d. This agreement shall not he hindillg(la either party until allcr the Igl'cc11CIII lUIS bCCll
approved by passage of an ordinance by the City Council and the sigil itur(: Of' the
lIMayor has been affixed.
C. [.both parties recognize that the intro(hlction and passage ilf 1lydlrlanccs is a matter of
legislative prerogative and is not controllahic by any agreement. '['lie parties also
recognize that whether or not the Mayor will choose to approve of Such ordinances
or exercis(; his Mayoral powers is solely within his (discretion.
7. C.:ONTINUATION OF' OBLIGATIONS.
a. UIIICSS tllc assignees or succcSSU►:ti ol'Developer shall cxpr('ssly assume in writing the
3
obligations,orany part thereof,ol'this Agreement,the Dcveloper herein shall remain
personally hound by the covenants herein even though Developer play no longer own
any property adjacent to or abutting said Property.
b. The provisions ofthis agreement shall he binding on the parties agents, assigns,and
successors in interest, provided however that nothing in this paragraph shall be
Construed aS rcdui►•ing a SL1CCessor in interest to less than the full property to perform
any work or fill fill any obligation except those which apply to the parcel that such
successorowns. The promises and covenants herein shall run with the Property and
shall be construed as real Covenants running with the land.
8. MODIFICATION OF AGREEMENT.
This Agreement shall not he modified ur amended except by a written histrument
approved and signed by the parties hereto.
9. SEVERABIL1TY.
Any illegal or unerillorccable provision ofthis Agreement will be severed here from and will
not render invalid the remaining provisions of this Agreement.
10. LAW TO GOVERN.
'I"his agreement shall be construed according to laws of the State of Missouri. The
Developer shall comply with all local, state, and lederal laws and regulations relating to the
performance ot'the agreement.
11. NO'T'ICES.
Any communications between the City and the Developer, payments and notices provided
herein to the given or made, may he given or made by mailing the sank to the City at 320 East
McCarty, Jefferson City, Missouri 65101 and to the Developer at 13118 Redfield Dr., }Augene Mo
65032 or to such other add1-CSSCS ai either party may in writing hereafter indicate.
•
�t
IN WITNESS WHEREOF, the parties have hereto set their hands and scaly the last date written
above.
CITV,01'JEFFERSON CHERRY CREEK LAND, L.L.C.
-2
John Lindwcir
m ay9f
Title:
/ATTEST: ATTE'S•]":
City Cl 6"rk Secretary
I'
V, 9 S
APP E S)� TO FORM:
City Counselor
•
5
ArI11',IVU1X A
kill IRJVN
I , q� 1�I�r a+. �1 ... •t'"''r�'��f, �;f '� l., jf 4 �', .. rw.+ il•1 III'.J.A lmll.
•i� I••�I �_..+ � i .11 i. ' !1 rYY` Jfl il'1! 1.l • 't �•b � �� i Y� 1 � »`,Ti.I.31 1+�
t � � ' � I•1 I � �' �v r -� Y
•1 I ,I• ��' �` +r�`,��' •--.•_•_...'./i '\..� �11 it Y
1, � '`^ ��7• 1
L_I. I i I• f � 1' 1 /Jl_......--�,1/ ...._ter�� I �_'.
I �
L3 .- ,^� •1 ill'
r i• ` ti's'I '; '�i ; .��.r�;,Y-•.
(� O - �1-.ry YtY _- _IV qM v_ • i
,�— I I • . I I I I
a 1 ► ••1 I _I 4 1 1 1 I j•�o C�7
`� .1 JII i ; o i y�•9E Wit:
1
� s LI r lilt .
c
LI
li
I I ••'1 -f11_ 1 �� l I l
C4�iv 25L'Rlll�el•r.a�s.l -"�}I[l� �. I ice'
1- •\ {�M 1 I I {t
• 1 � I��� i t i•I -
uI
w' Y i3J— Ill— I i 1
I •'• �I 1 i i I I
I
1 1
o � p I 1II � 111
r - I
•p •l I I !tir Ip' '1 I I
" E°. • y SIN•IJrt 1 C
Development Agreement
between
The Crt)) of,Iefferson
and
Cherry Creek Land, LLC
7'I:i1IS AGIZEEM EN'r(liereiiiafter"Agreement") entered into this P day of_(✓1 A I ,
2004 by and between the City of Jefferson, Missouri, 320 East McCarty, Jefferson City Missouri,
65101, a municipal corporation, hereinafter referred to as "City," and Cherry Creek Land, LLC,
hereinafter-referred to as the "Developer."
W ITN ESSETI1:
WHEREAS, the City may enter into agreements from time to time to ensure the orderly
development of property in and around the City; and
WHEREAS, the Developer a nd the City desire to enter an agreement by which to facilitate
the orderly development of the property; and
WHEREAS,the C:;ity and Developer have entered into a series of meetings and negotiations
in order to advance their mutual interest; and
WHEREAS, it is in the Developer's best interest that the City maintain and operate a
regional storm water detention basin; and
WHEREAS, it is in the Developer's best interest that appropriate and adequate
sidewalks/trails provide ingress and egress for his development; and
WHEREAS, it is in the Developer's best interest that adequate green space is provided in
and near his development;
NO'"' TI-IEREfi:ORE, in consideration of the mutual promises and covenants hereinafter
set forth, and other good and valuable consideration, the City and Developer do hereby covenant
and abn-ee as follows:
I. DEVEL,OPER OBLIGATIONS
Developer agrees to:
rr. Construct a regional storm water detention basin on C,heny Creek Subdivision Lot
6, Said basin shall be constructed before or contemporaneously with the construction
1
of any rather improvements. Said basin shall be of a size and capacity as shown on
Appendix A, provided however that if site conditions would make such a design
impossible to construct or prohibitively expensive, City shall consent to a reduction
of the size and City's obligations under § 2(h) of this agreement shall be
proportionally reduced.
b. Construct all sanitary and storm sewers within the Subdivision boundaries.
Developer will maintain all sanitary sewer sub-mains that branch fi•om the eastern
and western sewer main. Developer will maintain all storm sewer sub-mains and
structures that branch from the main storm sewer.
C. Provide to the City, sanitary sewer casements for sanitary and storm sewer mains for
access and maintenance.
d. Acquire Lot 4, Garden View Terrace Subdivision, Section 1 and donate the same to
the City.
C. Provide a concrete paved Greenway Trail/Access Road, in accordance with City
Standards, fi•om Twin Hills Road to Cherry Creek Court in lieu of approximately 700
If of sidewalk along Route 179/Rock Hill Road.
i. Said Greenway will be approximately One Thousand Two Hundred feet
(1200') in length.
ii. The location of said Greenway shall be as shown in Appendix A unless
otherwise agreed by the parties.
f. Adjust grading plan for the eastern most 300 ft of Cherry Creek Subdivision Lot 6
to provide an approximately 280 'ft by 150 Ft level area with 6" of top soil and at 2%
cross slope.
g. After completion of improvements to Cherry Creek Lot 6, Developer agrees to
donate Lot 6, Cherry Creek Subdivision, to the City.
2. CITY 0BLiGATIONS
The City will
a. Accept Cherry Creek Lot 6 by conveyance ol'decd.
b. Accept Garden View Terrace Lot 4 by conveyance oNeed.
C. Accept and maintain time regiontil stone water detention basin.
2
d. Accept and maintain Greenwav trail/access read.
C. Accept and maintain storm sewers located on City property and storm sewer main in
the subdivision.
f. Accept and maintain platted storm and sanitary sewers located on City property, or
which have been dedicated to the City and accepted, and eastern and western sewer
mains located on casements within the boundaries of the subdivision.
9. I ennit Cherry Crcck Lot 0 to be considered ,.is part of the"green space"requirement
for the subdivision.
h. The City shall pay to the Developer the sum of'Nincty Thousand and no/100 Dollars
($90,000.00) as contribution towards construction of the regional storm water
retention basin.
6. General Provisions:
a. All elements of the development and infrastructure shall comply with the ordinances,
regulations and standards of the City.
b. Subdivision, buildings, streets, utilities, sidewalks, and trails shall be constructed
substantially in compliance with the plans submitted to the City and attached hereto
as Appendix A as if more fully and completely set out herein.
C. The parties acknowledge and agree that Developer's Agreement to perform and abide
by the covenants and obligations of Developer set forth herein is material
consideration for City's agreement to perform and abide by the covenants and
obligations of City set forth herein.
d. This agreement shall not be binding on other party until after the agreement has been
approved by passage of an ordinance by the City Council told the signature of the
Mayor has been affixed.
C. Both parties recognize that the introduction and passage of ordinances is a matter of
legislative prerogative and is not controllable by any agreement. The parties also
recognize that whether or not the Mayor will choose to approve of such ordinances
or exercise his Nlayoral powers is solely within his discretion.
7. CONTINUATION OF OBLIGATIONS.
® a. Unless the assigrrres or successors of Developer shal l ::xpressly assun-re in writing the
obligations,or any pam thurcof,of this Agreement,the Developer herein shall remain
personal IV bound Ihy t)tc covcni►nts herein even thOLI(III Developer tray no longer own
any property adjacent to or abutting said Property.
b. The provisions of this agreement shall be binding on the parties agents, assigns, and
successors in interest, provided however that nothing in this paragraph shall he
construed as requiring a successor it) interest to less than the full property to perfiorn
arty work or fulfill any obligation except those which app.y to the parcel that such
successor owns. 'C'lw promises and covenants herein slutll t un with the;Property and
shall be construed as real covenants running with the land.
8. MODiFiCCAATION OF ACTRE:F:1ylENT.
This Agreement shall not he modified ur amended except by a written instrument
approved and signed by the parties hereto.
9. SF_.VERABiLITY.
Any illegal or unenforceable provision of this Agreement will be severed here from and will
not render invalid the remaining provisions of'this Agreement.
.10. LAW TO-GOVERN.
This agreement shall br-. construed according to laws ol'the State of'Missouri. The
Developer shall comply with all local, state, curd federal laws and regulations relating to the
perfomiance of the agreement.
11. NOTICES.
Any communications between the City and the Developer, 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 Developer at 1 418 Redficld Dr., Eugene Mo
65032 or to such other addresses as either party ►nay in v:,riting hereafter indicate.
4
1
1
IN WITNESS WHEREOF,the parties have hereto set their hands and seals the last date written
above.
CITY,.0 J ERS/ON CHERRY C&EEK LAND, L.L.C.
ro7,nL• ndwehr
M Title:
�i
467EST: ATTEST:
OIL
City C16k Secreta
APP E TO FORM:
City Counselor
AI rMvulx A
. , • .-. .'.., -.ir... ....r~rl•-01IV[.. ...... = �-...-.-..-.-.- . 'n Y�,,nw:w .... :1. •--••- - � ___.�_ I I ., .— I
Oil r `!1 V I •). I y N w t71N NIIIR Oil.
It
It
� ._n.lr�— _f" ��� 3{6.� t�� �•, i �� I• �r..,, I.I /,. �ul�i� )� 6 7 •• 'i) I ;� .�i
1 ,! i � y 1 7 ' `� •-,. r.r I,I•I,�.r Il,y� F�i / si �,:� }f � •� :: ?i
� ....s. » -'- _.r. .._. �r n.' ��r 1./___ v (• _ S ..:1� :., i �.;_ .. 3p '1
•) � � 1� I 'r x�'{iy �i� {{((}}1 S e as t �'
1
1 , 'I I ,•
1 1 I I
r
Itl
• y � Iltl ; ; � I "
a , o �..e•r.r I � , , I
• ' I Y ^I I I 11
1
_____..__. yI{ 1 1 1 I
cam fir
1 1
'D le)1f r'JOfY t••il • I I I�
I / —.._Yen— ,; , .•
1 i �• 1 I Il �JI, I I d L I r 6 [�
j I ' 1 "J --.qy'r ' a '-i • 1 1
Bills u
u L�f.•+ -i
----------
I N
tp
1 1 �
; E• 1 ; � �JI � �III
rnlrr roa Ir uan ••- '�•_.._� � 1�: � i ; j
r fLllTalTt'U�Q}fa r.r•:Lra.q- __� I 1 I
-
It
1 G � � (�,��� i g, � [�� ,'t ✓,C� ;r'•� iii
1 ,�, J
vy
ArMNUTA A
•w..IM w1.F)�•r,l1 M�■M`w Ir IY�1�=M \..�^-`, w „ _ ��-.�
� • "1 of .-..._..--._.-......._ _ �1 (,..Mr.- �..�.*___ .—w...-._.r-.e+;.».._.r
J1 1 '•'' ,•.rnr 1■w With
-,,..,'= - I = �1• ,r�1 I T 1
PW
a � p Ipy �� z ��..; / hilt '' J� '�1 tt���r •' '�i9 � >Ir �t
Q• At i { ►� ai 41
IL
r ,1 I � ' I I I•1 , ` r
. 1 ,� ■ I 1■1 • 1�
�4 .'j•,•. �Ji ; ' ✓7L ill/ •�
•1 I
i I to
It um ON
, � , i t i i I I -•
,' •I w I 1 1 1
� I A �►oral, I i ;
I 1
«AAA
J
r . •; 1 ; 1
� x
1 ,
' M � 1 1 -y. 1 1 ' Ch
; �� ' I, �• 1 � 1 1 1 1 I I I � •�b
t j � I r a h � —t i t ► 'i � 1 ; i ' ; r r �1 �
w
1 H it m 7i
l�
:( � �� �� I � Ili ~� � ��•
I' ;•' �; O � j4 _ II 1 I '•1 � �� O
y I I III i
• , I ° � � � - � I I I 1 fI 1
1 � ,N-1'W II , , •1
1 I I � 1 • I r 1 - IL��' I 1 M
L_.. �� '•'
rl Y•Y•,IJ144 r-_ r 1 1 1
,I 1
1 1 I
1
I I
I I 1 1
1
1 1 I 1
• ��� a
It
1 I 1
..rat"p ,ate _,.._...,—_.......... --- -- .�. -.w,... �V1�-- ,�.o.Y�.•,,..r......