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Home My Public Portal AboutORD15843 BILL NO. 2018-071 SPONSORED BY Councilman®®Fitzwater ORDINANCE NO. 15'843 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A DEVELOPMENT AGREEMENT WITH MCLARTY RE, LLC PERTAINING TO THE REPAIR OF AN EXISTING BOX CULVERT ON PROPERTY ADDRESSED AS 824 SOUTHWEST BOULEVARD. NOW, THEREFORE, 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 McLarty RE, LLC pertaining to the repair of an existing box culvert on property addressed as 824 Southwest Boulevard. Section 2. The agreement shall be substantially the same in form and content as that agreement attached hereto as Exhibit A. Section 3. This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed: x'0,0 y,lyy25 a0/8 Approved: / ($ ,• 1' ( / Presiding Officer Mayor Carrie Tergin ATTEST: APPROVED AS TO FORM: Ci Clerk City .u. elor EXHIBIT A DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT ("this Agreement") is made and entered into on the last day executed by a party, as indicated on the signature pages below, by and between the City of Jefferson, Missouri, a municipal corporation of the State of Missouri ("City") and McLarty RE, LLCa foreign limited liability company authorized to do business in Missouri ("Owner"). The City and the Owner may hereinafter be collectively referred to as the Parties and individually as a Party. RECITALS The Subject Property. Owner holds title to certain land currently located in the incorporated area of the City of Jefferson,commonlyknown as 824 Southwest Blvd. (the"Subject Property"). Proposed Project. Owner desires to develop the Subject Property to expand its existing auto sales and service business,and as part of the development of the Subject Property, City desires to repair an existing box culvert located in an easement dedicated to the City. NOW, THEREFORE, in view of the foregoing Recitals and in consideration of the mutual promises, declarations, covenants and agreements of the City and Owner as hereinafter set forth, the Parties hereto do hereby agree as follows: 1. Agreements to Run with the Land. The provisions of this Agreement shall constitute covenants running with the entirety of the Subject Property and each and every part of the Subject Property, and shall bind the current Owner and all of such successors and assigns. 2. City's Obligations a) City will reimburse Owner an amount notto exceed $29,038 for the box culvert repair work described in Paragraph 3(a). Upon completion and successful inspection of Owner'srepair of the box culvert, Owner shall submit a request for reimbursement to the Director of Public Works, which shall be payable to Owner within ninety days of submittal. b) City shall inspect of all public improvements constructed by Owner in accordance with local ordinances and codes. 3. Owner's Obligations for Development. a) Owner shall provide labor, material, and equipment required to install metal decking and 10"of reinforced concrete as per MoDOT specification over approximately 180 LF of the middle section of existing storm culvert lidon the Subject Property.Owner will also provide additional site surveying to revise location of existing box culvert and updateexisting easement description to reflect existing conditions. Owner shall dedicate all necessary interests in land as to contain the existing box culvert in an appropriate easement at no charge to the City. 1 4. Construction andBonding of Improvements. Except as otherwise expressly indicated herein, all public improvements required under the regulations of the City or this Agreement shall be constructed in accordance with the City Department of Public Works'Standard Specifications and Drawings,as may be amended, or any successor specifications and standards adopted by the City and the Grading Plans. Owner shall obtain all necessary permits and governmental permissions to perform its obligations set forth in this Agreement. Owner shall also obtain all necessary private easements to perform its obligations set forth in this Agreement and shall be liable for all damages to adjoining properties that maybe caused by Owner's performance of its obligations, even where construction of improvements are in accordance with the City Department of Public Works'Standard Specifications and Drawings, as may be amended or succeeded. 5. Amendments. Any amendment to this Agreement must be in writing and must be executed by the City and the Owner, and any future owner of any part of the Subject Property who would otherwise be obligated to perform any of the requirements imposed upon the Owner by this Agreement. Oral modifications or amendments of this Agreement shall be of no force or effect. 6. Remedies. The parties to this Agreement may, either in law or equity, by suit, action, mandamus or other proceedings in court, seek declaratory relief, enforce and compel specific performance of this Agreement, provided that in no event shall the City shall have any liability in damages, costs (including attorneys' fees) or any other monetary liability,except for the amount set forth in Paragraph 2(a), to Owner or any affiliate of Owner, any person claiming through Owner, or to their respective successors, assigns, heirs and personal representatives in respect of any suit, claim, or cause of action arising out of this Agreement or any of the actions or transactions contemplated herein, 7. Third Party Actions. Owner shall have the right, but not the obligation to assume the costs of defense of any action or proceeding initiated by a third party challenging this Agreement,or any other actions or transactions contemplated by this Agreement (including, without limitation, to settle or compromise any claim or action for which Owner has assumed the defense) with counsel of Owner's choosing and the City and Owner agree that so long as no conflicts of interest exist between them, the same attorney or attorneys may simultaneously represent the City and Owner in any such proceeding. In no event shall the City have any liability to Owner for damages or otherwise in the event that all or any part of this Agreement, the ordinances approving is agreement shall be declared invalid or unconstitutional in whole or in part by a final (as to which all rights of appeal have been exhausted or expired)judgment of a court of competent jurisdiction, and, in the event Owner elects not to assume such defense and costs, the City shall have no obligation to defend or to assume the costs of defense of any such action. 8. Notices. All notices between the parties hereto shall be in writing and shall be sent by certified or registered mail, return receipt requested, by personal delivery against receipt or by overnight courier, shall be deemed to have been validly served, given or delivered immediately when delivered against receipt or Three (3) business days after deposit in the 2 mail, postage prepaid, or one (1) business day after deposit with an overnight courier, and shall be addressed as follows: If to the City: City of Jefferson City Administrator 320 E. McCarty Jefferson City, MO 65101 If to Owner: Tom Stegeman Joe Machens Capital City Ford 807 Southwest Blvd. Jefferson City,MO 65109 Each party shall have the right to specify that notice is to be addressed to another address by giving to the other party ten(10)days written notice thereof. 9. Hold Harmless. Owner at its sole cost and expense, hereby agrees to indemnify, protect, release, defend (with counsel acceptable to the City) and hold harmless the City, its municipal officials, elected officials, boards, commissions, officers, employees, attorneys, and agents from and against any and all causes of action, claims, demands, all contractual damages and losses, economic damages and losses, all other damages and losses, liabilities, fines, charges, penalties, administrative and judicial proceedings and orders, judgments, remedial actions of any kind, and all costs and expenses of any kind, including, without limitation, reasonable attorney's fees and costs of defense arising, directly or indirectly, in whole or in part, from the action or inaction of Owner, its agents, representatives, employees, contractors, subcontractors or any other person for whose acts Owner may be liable, in the activities performed, or failed to be performed, by Owner under this Agreement or in the development of the Subject Property, or from breach of this Agreement, or otherwise, except to the extent arising from or caused by the sole or gross negligence or willful misconduct of the City, its elected officials, officers, employees, agents or contractors. The indemnification, duty to defend and hold harmless obligations set forth in this Section shall survive for a period of five (5) years from the date of expiration or termination of this Agreement. Owner shall cause any contract entered into with a general contractor to include an indemnification of the City consistent with this paragraph. 10. Insurance. Owner shall provide, at its sole expense, commercial general liability insurance with a reputable, qualified, and financially sound company licensed to do business in the State of Missouri, and unless otherwise approved by the City, with a rating by Best of not less than "A," that shall protect the Owner, the City, and the City's officials, officers, and employees from claims which may arise from operations under this Agreement, whether such operations are by the Owner, its officers, directors, employees and agents, or any subcontractors of Owner. This liability insurance shall include, but shall not be limited to, 3 protection against claims arising from bodily and personal injury and damage to property, resulting from all Owner operations, products, services or use of automobiles,or construction equipment. The amount of insurance required herein shall be in no event less than the individual and combined sovereign immunity limits established by § 537.610 RSMo. for political subdivisions; provided that nothing herein shall be deemed to waive the City's sovereign immunity. An endorsement shall be provided which states that the City is named as an additional insured and stating that the policy shall not be cancelled or materially modified so as to be out of compliance with the requirements of this Section, or not renewed without thirty (30) days advance written notice of such event being given to the City. Owner shall cause any contract entered into with a general contractor to include an requirement that such general contractor obtain insurance in the amounts set forth in this paragraph and name the City as an additional insured. 11. Compliance with Laws. Owner shall comply with all applicable state, local,and federal laws in the performance of this Agreement, including all Missouri statutes relating to the construction of"public works,"as that term may be defined in such statutes, if applicable. 12. Entire Agreement. This Agreement contains the entire and complete agreement between the City and the Owner with respect to the requirements imposed upon the Owner for the providing of certain interests in land, and the construction and installation of certain improvements, all as hereinabove described in the Recitals for this Agreement and the above numbered paragraphs of this Agreement. Parties agree that this Agreement constitutes a lawful contract between the Parties and Owner hereby acknowledges and agrees that this Agreement and provisions of the City's Code of Ordinances applicable to this Agreement constitute lawful exercises of the City's authority and police power. 4 IN WITNESS WHEREOF, the Parties have executed this Agreement and shall be effective on the last day and year indicated below. CITY: City of Jefferson, Missouri By: agMACt Carrie Tergin, Mayor Date: /—(p—/g ATTEST: i/.ii_ /A. ArA: //4611411! E'i1y Don. •son Approved as to form: �Moehlman, City Counselor 5 OWNER: McLarty RE, LLC By: K ,t1-ti' Name Print d: Kyle �-uJoi ,(w- r'—. Date b/3); STATE OF ) 1ON ) SS COUNTY OF GO•bE ) On this '3 1 5+ day of ()c±0 V102U~ 20 5S, before me appeared Kyy e �a� , to me personally known, who, being by me duly sworn did say that he or she is DieCL)t,( �iskOki,9A/00er Sof i L.Ar/ Autol„fwv , a L ,, and that said instrument was signed on behalf of M .-Li 4y g Ej LLL , acknowledged said instrument to be the free act and deed of said and that he or she executed the same for the purposes therein stated. IN TESTIMONY WHEREOF, I have hereunto affixed my hand and notarial seal at my office in the State and County aforesaid, on the day and year hereinabove first written. ••0CA L r r w ,Notary Public My commission expiresepri DQ,ana(fl REBECCA L.CLARK My Com NOcolsLRoONOP:UKE04COUNAA Sa : i 2026 6