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
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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."
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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
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