HomeMy Public PortalAboutORD15278 BILL NO. 2014-23
SPONSORED BY COUNCILMAN Scrivner
d'
ORDINANCE NO. / '7d p
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE A DEVELOPMENT AGREEMENT WITH
GTLR DEVELOPMENT CORPORATION.
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 GTLR Development Corp. for the development commonly
known as Covington Gardens Subdivision.
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. / J�
Passed: 0, .. �, - I>) Approved: // /6 o "/7
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Presiding Officer � Mayor
ATTEST: APPROVED AS TO FORM:
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ity C erk - Ci Counselor
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CITY OF JEFFERSON
DEVELOPMENT AGREEMENT
THIS AGREEMENT (hereinafter "Agreement") entered into this /4( day of
20 WA, by and between the City of Jefferson, Missouri, a municipal corporation, h einafter
referred to as "City," and GTLR Development Corp., hereinafter referred to as "Developer."
WITNESSETH:
WHEREAS; City may enter into agreements from time to time to ensure the orderly
development of property in and around the City; and
WHEREAS. City and Developer have held a series of meetings and negotiations in order
to advance their mutual interest as it relates to the development commonly known as Covington
Gardens Subdivision, hereinafter referred to as the "Property;" and
NOW THEREFORE, in consideration of the mutual promises and covenants hereinafter
set forth, and for other good and valuable consideration, City and Developer do hereby covenant
and agree as follows:
1. Developer shall:
a. Construct and complete all remaining sidewalks within the Property pursuant to
the following schedule:
i. Newcastle Lane and Newcastle Court by August 31, 2015;
ii. Hampshire Drive and Hastings Road by August 31, 2016;
iii. Westminister Drive by August 31. 2017.
b. Mow and maintain all unsold lots according to the following specifications:
i. Newcastle Lane and Newcastle Court, from lot line to lot line;
ii. Hampshire Drive and Hastings Road, any portion that is within ten (10)
feet from any lot line and thirty-five (35) feet back from the curb;
iii. Westminister Drive, any portion that is within ten (10) feet from any curb,
until any lot on Westminster Drive is sold, at which time unsold lots shall
be mowed thirty-five (35) feet back from the curb and ten (10) feet back
from the lot line adjoining sold lots.
iv. Mow grass and weeds at a frequency that maintains the height at twelve
(12) inches or less;
v. Maintain lots free of construction debris unless an active building permit
has been issued.
c. Complete sanitary sewer and access road to detention basin at the Property in
accordance with the approved plan by August 31, 2014.
d. Maintain erosion and sediment control measures, including established
vegetation, on unsold lots until lots have been sold.
e. Maintain stormwater inlet protection until lots are built out.
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WContract Files\Development GTLR Covington Ganlens\Development Agreement.Docx
2. City shall:
a. Accept rights-of-way, easements, and all improvements thereon upon completion
of sidewalks and other infrastructure required by the City Code and approval by
the City Engineer.
b. Not issue any building permits for lots on Westminister Drive if there is any
deviation from the sidewalk schedule stated in Paragraph 1(a).
c. Allow improvements to occur as stated in Paragraph 1.
3. General provisions.
a. All elements of development and infrastructure at the Property shall comply with
the ordinances, regulations, and standards of City that are not inconsistent with
this Agreement.
b. 'The parties acknowledge and agree that the 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 the City set forth herein.
c. 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.
4. Continuation of obligations.
a. The promises and covenants herein shall run with the Property and shall be
construed as real covenants running with the land.
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
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.
a. This Agreement shall be construed according to laws of the State of Missouri.
b. Developer shall comply with all local, state, and federal laws and regulations
relating to the performance of the Agreement.
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8. 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 City at City of Jefferson, Attn: City Engineer, 320 East McCarty, Jefferson
City, Missouri 65101 and to Developer at GTLR Development Corp., do Greg
Bemboom at 114 E. High Street, 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 and seals the last date written
above.
CITY OF JEFFERSON GTLR DEVELOPMENT CORP., � A4a'i 'tiLJ
i
Mayor r•a e:
Title:
ATTEST:
C4 j/E444‘ Xt11//i
leric
_ _ APPRROOVEDAAS-TTOFORM:
City Counselor
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