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HomeMy Public PortalAboutORD15190BILL NO . 2013-90 SPONSORED BY COUNCILMAN __ S=-c=r.:....:..iv.:....:..ne=r _____ _ ORDINANCE NO. __ ---'-/....:::::~__;/__;qL....:() _______ _ AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI , AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A DEVELOPMENT AGREEMENT WITH THE JEFFERSON CITY SCHOOL DISTRICT FOR RIGHT-OF-WAY, INFRASTRUCTURE, AND OTHER RELATED CONSIDERATIONS IN THE AREA OF FROG HOLLOW ROAD AND MISSION DRIVE. BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI , AS FOLLOWS : Section 1. The Mayor and City Clerk are authorized and directed to execute a Development Agreement with the Jefferson City School District for right of way, infrastructure and other considerations in the area of Frog Hollow road and Mission Drive. Section 2 . The agreement shall be substantially the same in form and content as that 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 :___;:;.()_c(_. ---"-J-+~'--"'l{J__:;______::;_(3_ Approved : __ ..t.,_~-+il.--X....I-'1---i~__;J"'-r;]-= Presiding Officer Mayor ATTEST: APPROVED AS TO FORM : (► o Exhibit 1 Development Agreement THIS AGREEMENT (hereinafter "Agreement ") entered into this day of 201 by and between the City of Jefferson, Missouri, 320 East McCarty, Jefferson City Missouri, 65101, a municipal corporation, hereinafter referred to as "City," and Jefferson City School District, hereinafter referred to as the "School." WITNESSETH: 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 City and School have entered into a series of meetings and negotiations in order to advance their mutual interest; and WHEREAS, the School is the owner of the real property identified on exhibit A (hereafter "the property ") and School desires to plan for future infrastructure upon said property; and NOW THEREFORE, in consideration of the mutual promises and covenants hereinafter set forth, and other good and valuable consideration, the City and School do hereby covenant and agree as follows: 1. SCHOOL OBLIGATIONS School agrees to: a. Construct all of the development according to City standards and codes (including all building codes adopted by the City and the Storm Water code) as required by Missouri Law and pay one -half (%i) the cost of all applicable inspection and construction permit fees which would be applicable to commercial construction. b. Dedicate sufficient right of way for the completion of the Frog Hollow Road alignment as proposed in Exhibit B. The actual location of the dedication shall be determined by the final roadway design approved by the City Engineer and agreed to by the School. However such dedication shall include a provision that failure by the City to begin construction on the realignment of Frog Hollow Road within 5 years from the date of this agreement shall cause the dedicated property to revert back to School. c. Dedicate sufficient right of way, at no cost to the City, for the future construction of Unnamed Road as proposed on Exhibit C, attached herewith and made a part of this agreement. The actual location of the dedication shall be determined by the final roadway design approved by the City Engineer and agreed to by the School. d. Dedicate right of way for a Greenway Trail at a location suitable for the trail which does not interfere with future School District Development. 2. CITY OBLIGATIONS The City will: a. Provide inspection of all roadway improvements. b. Provide inspection for compliance with city code and all building codes adopted by the City including but not limited to the Storm Water Code. c. Waive any requirement of the School to construct Unnamed Road or any other connection to Schepkers Blvd (as identified on Exhibit C) or Stadium Blvd. d. Vacate existing Frog Hollow Road which is not needed for alignment. e. The City Council shall give consideration to the construction of Unnamed Road out of available Sales Tax F funds and/or inclusion as a proposed project in Sales Tax G. f. Allow reasonable access to the School's property from Mission Drive. 3. GENERAL PROVISIONS: a. The parties acknowledge and agree that the School's agreement to perform and abide by the covenants and obligations of School 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. This agreement shall not be binding on either party until after the agreement has been approved by passage of an ordinance by the City Council and the signature of the Mayor has been affixed and the School Board has approved the agreement and has been signed by the Superintendent. 4. CONTINUATION OF OBLIGATIONS 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 be construed as requiring a successor in interest to less than the full property to perform any work or fulfill any obligation except those which apply to the parcel that such successor owns. 5. MODIFICATION OF AGREEMENT This Agreement shall not be modified or amended except by a written instrument approved and signed by the parties hereto. 6. 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. 7. LAW TO GOVERN. This agreement shall be construed according to laws of the State of Missouri. The School shall comply with all local, state, and federal laws and regulations relating to the performance of the agreement. 8. NOTICES. Any communications between the City and the School, 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 School at 315 East Dunklin 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 JEFFERS° Mayor ATTEST: APPROVED AS TO FORM: icy Counselor JEFFER CI CHOOL DISTRICT Superintendent ATTEST: