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HomeMy Public PortalAboutORD15168BILL NO. 2013 -66 SPONSORED BY COUNCILMAN Scrivner ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A DEVELOPMENT AGREEMENT WITH CAPITAL MALL JC, 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 to execute a development agreement with Capital Mall JC, LLC. Section 2. The 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: _/ Presiding Offi ATTEST: APPROVED AS TO FORM: Cify Counselor .?/liti/ CITY OF JEFFERSON DEVELOPMENT AGREEMENT THIS AGREEMENT, is entered into this day of 2013, between the City of Jefferson, Missouri, 320 East McCarty, Jefferson City, Missouri, 65101, a municipal corporation, herein referred to as "City" and Capital Mall JC, LLC, a Missouri limited liability company, herein referred to as "Developer." WITNESSETH: WHEREAS, Developer is the owner of all of the property shown as Tracts 1 through 11 on attached Exhibit A (herein referred to as the "Mall Property"), which Tracts are currently separate parcels for real estate tax assessment purposes; and WHEREAS, Developer, in cooperation with the City, is in the process of creating a Community Improvement District (hereinafter referred to as the "CID ") encompassing the Mall Property; and WHEREAS, as a part of the creation of the CID, Developer desires to convey title to Tracts 1 through 11 to wholly owned subsidiaries of Developer without first creating and submitting for approval to the City a subdivision plat delineating said Tracts; and WHEREAS, the City is willing to approve, on the terms and conditions set out herein, the conveyance of said Tracts by Developer to Developer's wholly owned subsidiaries without first creating and submitting for approval a subdivision plat; NOW THEREFORE, in consideration of the mutual agreements and covenants set forth herein, the parties agree as follows: A. OBLIGATIONS OF DEVELOPER AND CITY. Generally, 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. B. OBLIGATIONS OF DEVELOPER. 1. As a part of the future development of the Mall Property, Developer anticipates creation of certain outlots, the approximate location of said outlots being shown in green on attached Exhibit B. At such time as Developer desires creation of said outlots, Developer will cause a subdivision plat to be prepared and presented to the City for approval by the City, which subdivision plat shall also reflect Tracts 1 through 11 as lots therein. 2. Developer further agrees, at such time as the City directs, to dedicate to the City for right of way purposes the area shown on attached Exhibit A as "AREA TO BE DEDICATED TO CITY FOR RAW." r C. OBLIGATIONS OF CITY. City hereby approves the conveyance by Developer of Tracts 1 through 11 to wholly owned subsidiaries of Developer without the need for prior submission of a subdivision plat delineating said Tracts. D. CONTINUATION OF OBLIGATIONS. Unless the assignees or successors of Developer shall expressly assume in writing the obligations, or any part thereof, of this Agreement, the Developer herein shall remain bound by the covenants herein. E. MODIFICATION OF AGREEMENT. This Agreement shall not be modified or amended except by a written instrument approved and signed by the parties hereto. F. SEVERABILITY. Any illegal or unenforceable provision of this Agreement will be severed herefrom and will not render invalid the remaining provisions of this Agreement. G. LAW TO GOVERN. This agreement shall be construed according to laws of the State of Missouri. Developer shall comply with all local, state, and federal laws and regulations relating to the performance of the agreement. H. NOTICES. Any communications between the City and Developer and notices related hereto 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 221 Bolivar Street, Suite 400, Jefferson City, Missouri 65101 or to such other addresses as either party may in writing hereafter indicate. IN WITNESS WHEREOF, the parties have hereto set their hands effective the date written above. (Signatures on following page) CITY OF JEFFERSON Mayor ATTEST: APPROVED AS TO FORM: City Counselor CAPITAL MALL JC, LLC Title: Authorized Representative 111.4 ulf S1JVW l l • S31183dOlid T1VW In K -4 �1 I .: we .aIS 8 o¢ r SLV31413AOUdwl 311S 11VW 1V11dVO • r/ (M1 • •>0 1 1:142 001.. 111 1 n WPM 0. 110.11 1, .46 \ •••••• ---- ago Atirwv37 �._.aa 0$ ti a L 1301:t1d Atli A3Y43d Y rh 8 Hall- <3 1p r'