HomeMy Public PortalAboutORD15895BILL NO. 2018-114
SPONSORED BY Councilman Graham
ORDINANCE NO. 150615
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE A DEVELOPMENT AGREEMENT WITH
SNK REAL PROPERTY HOLDINGS, LLC •
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 contract
for development with SNK Real Property Holdings, LLC.
Section 2. The agreement shall be substantially the same in form and content as
that agreement attached hereto as Attachment 1.
Section 3. The Mayor, City Clerk, City Administrator, and City Counselor are
hereby authorized to execute all other necessary instruments and appurtenant
documents to carry out the intent of this ordinance.
Section 4. This Ordinance shall be in full force and effect from and after the date
of its passage and approval.
Passed:` ,Lf'h JS , 9-D/1
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Presiding Officer
ATTEST:
Approved: /6//)0/,
Mayor Carrie Tergin
APPROVED AS TO FORM:
City Crerk !" City C
selor
Attachment 1
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 SNK
Real Property Holdings, LLC., ("Developer"). The City and Developer may hereinafter be
collectively referred to as the Parties and individually as a Party.
RECITALS
The Subject Property. The Developer has entered into a contract to acquire title to certain land
currently located in the incorporated area of the City of Jefferson, generally located at
southwestern corner of Stadium Boulevard and Edgewood Drive and generally depicted on the
attached Exhibit A.
Proposed Project. Developer desires to develop the Subject Property for commercial uses.
Reserve Tract B. The Subject Property contains a tract of land at the corner of Stadium
Boulevard and Edgewood Drive designated as "Reserve Tract B" on that certain preliminary plat
titled "Preliminary Plat Ridgecrest Subdivision," approved by the City of Jefferson Planning and
Zoning Commission on October 9, 2014.
NOW, THEREFORE, in view of the foregoing Recitals and in consideration of the mutual
promises, declarations, covenants and agreements of the City and Developer as hereinafter set
forth, the Parties hereto do hereby agree as follows:
1. Effectiveness of Agreement. This Agreement shall have no effect unless a Final Plat for the
Ridgecrest Subdivision which includes the Subject Property is approved by the City Council
and Developer closes and takes possession of the Subject Property. It is hereby
acknowledged and agreed by the Parties that execution of this Development Agreement
constitutes satisfaction of the condition placed on the Final Plat for Ridgecrest Subdivision,
approved by the City Council on March 18, 2019, requiring execution of a development
agreement conveying Reserve Tract B to the City.
Developer's Obligations for Development.
a) Upon Developer's acquisition of the Subject Property, Developer shall, at no cost to the
City, dedicate to the City the tract of land identified as Reserve Tract B on the
"Preliminary Plat Ridgecrest Subdivision." Such conveyance to the City shall be by an
instrument approved by the City Counselor, and shall occur within ninety (90) days of
Developer's acquisition of the Subject Property.
b) Prior to the occupancy of any structure developed on the Subject Property, Developer
shall grade Reserve Tract B to the same elevation as existing adjacent roadway. If such
grading work occurs after Reserve Tract B is conveyed or dedicated to the City, this
Agreement shall constitute a license for Developer to enter onto Reserve Tract B to
perform such work.
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c) As part of Developer's site improvements on the Subject Property, Developer will
construct a retaining wall along Stadium Boulevard and Edgewood Drive upon its own
property and as such that the slope from the property line to the existing street curb is no
greater than 2%. Provided, however, Developer shall not be required to move existing
utilities on Tract B. Such site improvements shall be subject to approval under generally
applicable ordinances regarding site plan approval and construction permitting.
3. City's Obligations for Development.
a) Upon effectiveness of this Agreement under paragraph 1, Developer is relieved of its
obligation under the City Code to construct a sidewalk along Stadium Boulevard and
Edgewood Drive. Nothing herein shall exempt the Subject Property from being subject to
neighborhood -wide special assessments approved by the City Council or otherwise
allowed under applicable state law or City Code.
b) Subject to project funding by appropriation from the City Council, the City will endeavor
to construct sidewalks on City -controlled property or rights-of-way adjacent to the
Subject Property as part of a potential future intersection improvement project at Stadium
Boulevard and Edgewood Drive. The design, location, and timing of such improvements
shall be determined in the sole discretion of the City. Developer shall grant to the City
without cost any temporary construction easement reasonably identified by the Director
Public Works as necessary to construct such sidewalks or intersection improvements.
c) In the event that City's intersection improvements at Stadium Boulevard and Edgewood
Drive consists of a roundabout, Developer shall be given the first opportunity to adopt the
roundabout interior and sponsor public art or other like improvements on the roundabout
interior. Such adoption and sponsorship shall be governed by a mutually agreed upon
permissive right -of -use or other like agreement. Such agreement must be executed
within one year of final completion of the roundabout improvements, after which the City
will be free to enter into adoption and sponsorship agreements for such roundabout
interior with any other third party.
4. Amendments. Any amendment to this Agreement must be in writing and must be executed
by the City and the Developer, 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
Developer by this Agreement. Oral modifications or amendments of this Agreement shall be
of no force or effect.
5. 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 have any liability in
damages, costs (including attorneys' fees) or any other monetary liability to Developer or any
affiliate of Developer, any person claiming through Developer, 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.
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6. Third Party Actions. Developer 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 Developer has
assumed the defense) with counsel of Developer's choosing and the City and Developer
agree that so long as no conflicts of interest exist between them, the same attorney or
attorneys may simultaneously represent the City and Developer in any such proceeding. In
no event shall the City have any liability to Developer for damages or otherwise in the event
that all or any part of this Agreement or the ordinances approving this agreement shall
hereafter 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 Developer 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.
7. 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, and 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
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 Developer:
SNK Real Property Holdings, LLC
c/o Michael Kampeter
103n N. Olive St.
Meta, Missouri, 65058
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.
8. Hold Harmless. Developer 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
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whole or in part, from the action or inaction of Developer, its agents, representatives,
employees, contractors, subcontractors or any other person for whose acts Developer may be
liable, in the activities performed, or failed to be performed, by Developer under this
Agreement or in the development of the Subject Property, or from breach of this Agreement,
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 substantial completion of all
improvements contemplated to be constructed by the Developer hereunder.
9. Compliance with Laws. Developer shall comply with all applicable state, local, and federal
laws in the performance of this Agreement.
10. Recording. Developer shall cause this Agreement to be recorded in the land records of the
Cole County, Missouri Recorder of Deeds.
11. Entire Agreement. This Agreement contains the entire and complete agreement between the
City and the Developer with respect to matters contained herein, 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
Developer 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.
(Signature Pages to Follow)
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IN WITNESS WHEREOF, the Parties have executed this Agreement and shall be effective
on the last day and year indicated below.
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ATTEST:
E ly Don. dson, City Clerk
Approved as to form:
Ryai6ehlman, City Counselor
CITY:
City of Jefferson, Missouri
By: C d g44ce ---
Carrie Tergin, Mayor
Date71/1 JlI (.pIel
•
STATE OF MISSOURI )
) SS
COUNTY OF COLE )
On this ICIM day of M(,X, th , 201 , before me appeared Carrie
Tergin, to me personally known, who, being by me duly sworn did say that she is Mayor of the
City of Jefferson, Missouri, a Missouri constitutional charter city and municipal corporation, and
that said instrument was signed on behalf of said City, by authority of its City Council, and said
Mayor Carrie Tergin acknowledged said instrument to be the free act and deed of said City and
that 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.
`0 . ': * Comm ssion Expires ��i
? _ MEGAN El -MIDGE
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My commission expires:
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DEVELOPER:
SNK Real Property Holdings, LLC
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Name & Title: ,,.1,,;'f p
Date 2V-df/7-
STATE OF MISSOURI )
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COUNTY OF COLE
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On this a.o-t�. day of 1-'JrLL4 , --26-1 ', before me appeared
&i 6 pQ,4e,r , to me personally known, who, being by me duly sworn did say that he is
,SNK Real Property Holdings, LLC, a Missouri Limited Liability Company, and
that said instrument was signed on behalf of said LLC, by authority of its governing body, and
said acknowledged said instrument to be the free act and deed of said
bank and that he 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.
My commission expires: S/3// -o/9
„00„,� acs
, Notary Public
SARA L. OTTO
Notary Public - Notary Seal
STATE OF MISSOURI
County of Coe
My Commission Expires 5/31/2019
Commission # 15194571
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