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Home My Public Portal AboutORD15909 BILL NO. 2018-129 SPONSORED BY Councilman Hussey ORDINANCE NO. 16 "{C41 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH F&F DEVELOPMENT LLC FOR THE DUNKLIN STREET BRIDGE AND CORRIDOR PROJECT. 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 and directed to execute an agreement with F&F Development LLC for the Dunklin Street Bridge and Corridor Project. 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: Aerd i 2,o J' Approved. G [/.?-01i N-Ati (1 Presiding Officer , Mayor Carrie Tergin ATTEST: APPROVED AS TO FORM: #444 1A ,. . A / • Clerk " City o nselor 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 F&F Development, 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 holds title to certain land currently located in the incorporated area of the City of Jefferson, generally located at southeastern corner of Missouri Boulevard and Dunklin Street and identified in the Cole County tax records as Parcel No. 1103070002005001 and Parcel No. II 03070002005002 (the "Subject Property"). Proposed Project. Developer desires to develop the Subject Property for commercial uses in conjunction with other anticipated commercial and educational uses included as part of the St. Mary's Hospital Tax Increment Financing Plan. 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: I. City's Obligations for Development. a) The City shall design a sewer extension from the western side of Dunklin Street near the property addressed as 515 W. Dunklin Street to the property at the southeast corner of W. Dunklin and Missouri Boulevard, as generally depicted on Exhibit A. The City shall also install the aforementioned sewer main in conjunction with the City's Dunklin Street bridge and corridor project. b) The City shall design a greenway trail along the northern side of Dunklin Street from Wears Creek to Missouri Boulevard and shall construct the same in conjunction with the City's Dunklin Street bridge and corridor project. c) The City shall provide the Developer the opportunity to review plans for improvements proposed to be constructed on or adjacent to the Subject Property as part of the City's Dunklin Street bridge and corridor project prior to bidding. d) The City shall cause all contractors working on the Subject Property to carry commercial liability insurance in commercially reasonable amounts naming Developer as an additional insured. 2. Developer's Obligations for Development. a) Developer shall provide to the City all necessary temporary construction easements identified by the City for its Dunklin Street Bridge and Corridor Project without charge to the City. b) Developer shall reimburse the City the costs for the design and installation of the sewer main extension described in Section 1 (a) above and shall provide to the City any necessary permanent easements to accommodate the sewer main without charge to the City. Developer shall provide such reimbursement to the City within thirty (30) days of presentation of an invoice from the City for such work. Reimbursement under this section shall be limited to $2,500.00 for the design of the sewer main extension, plus the as-bid unit cost for 274 linear feet of 8" PVC Sewer Main and 1 each Sanitary Sewer Manhole. i) The as bid price for these items are as follows: Item #71 -"8" Sanitary Sewer Pipe (San. Sewer Extension)" $153.00 per linear foot, 274 total feet= $41,922.00 Item #72-"4' Diameter Manhole with Eccentric Cone (San. Sewer Extension)" $3,267.00 per each, 2 total = $6,534.00 c) Developer shall reimburse the City one half of the cost of the construction of the greenway trail that is adjacent to the Subject Property (including all rights-of-way which if vacated would revert to the Subject Property) on the northern side of Dunklin Street from Wears Creek to Missouri Boulevard. Developer shall provide to the City any necessary permanent easements to accommodate the greenway trail without charge to the City. Developer shall provide such reimbursement to the City within thirty (30) days of presentation of an invoice from the City for such work. The Parties acknowledge that compliance with this requirement shall relieve Developer from its obligation under the City Code to construct sidewalks along Dunklin Street adjacent to the Subject Property. Reimbursement under this section shall be limited to 50% of the as-bid unit cost for 240 square yards of I 0' wide greenway trail. i) The as bid price for this item is as follows: Item# 13-"Concrete Sidewalk, 6 in. (Greenway)" $59.65 per square yard, 240 square yards at 50%= $7, I 58.00 3. 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. 4. 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 2 of action arising out of this Agreement or any of the actions or transactions contemplated herein. 5. 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. 6. 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 Ifto Developer: F&F Development, LLC 221 Bolivar, Suite 400 Jefferson City, MO 65110 Each party shall have the right to specify that notice is to be addressed to another address by giving to the other party ten (I 0) days written notice thereof. 7. 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, 3 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 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 neg I igence 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 hereunder. 8. Compliance with Laws. Developer shall comply with all applicable state, local, and federal laws in the performance of this Agreement. 9. 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. Nothing herein intended to supersede or replace any previous agreement relating to the St. Mary's Tax Increment Financing Plan or the related Community Improvement District or other redevelopment agreement between the City and F &F Development, LLC. (Signature Pages to Follow) 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: C.....-410,AL Carrie Tergin, Mayor Date:4 (14t?l ATTEST: `mily Don. on, City Clerk Approved as to form ' an •ehlman, City Counselor STATE OF MISSOURI ) ) SS COUNTY OF COLE ) On this '( day of f 1 I , 2019, 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 iq.t ,,State and Count y aforesaid, on the day and year hereinabove first written. =0 ti , My�sso Ex F n,�� '�1 •. October 25,2022 fVulArl ��,tilBoone County •-Q 0 �( ri lQ ,Notary Public '��;►►►. Commission#14086721 �— My commission expires: 5 DEVELO PER: F&F Deve lopm ent. LL C B y ~-~ Na rn"C-e:( · ~~ Date 3 -&'5 -\ :=\ STATE OF M ISSOU RI ) ) ss COUNTY OF COLE ) On thi s '0( 5 day of 'D) Q!l C ~ , 20 19 , befo re me appeared 8l joft ~-0\.. to me perso na ll y kn own, who, be ing by me dul y swo rn did say that he i ~bA..LA o f F&F Dev e lo pment , a Mi sso uri limi ted li abi li ty co mp any, and that sa id in s trum ent was signed o n beha lf o f sa id company , by aut horit y o f it s gove rnin g bod y, and sa id _, • ._,L.~,_.l~-------- acknow led ge d sa id in s trum ent to be th e free act and deed of sa id compan y and that he executed th e sa me fo r th e purp oses th e rein s tate d. IN TESTIMONY WH EREOF , I ha ve hereun to affi xe d my hand and no tari a l sea l at my o ffi ce in the State an d County aforesaid, o n th e day a nd yea r herei nab ove fi rst wr itt en. My co mm iss io n expires : 'iJ .... Qt 'L 2 1{1 ~[ 6 Publ ic JEAN MACKNEY Notary Public . State ol Missou ri My Com mission Expires November 27,20 19 Cola County Gem mission # 11500009 PERMANENT TRAIL EASEMENT i.,\ lo.._ ----' R '-i;/\ BP: 10+00.00 _/ """-. f._ \ N=999392.56 "-<:::::_ @ · '""·"· ~ ""'Z_-"V.J:s-~~~, j? 'y·· E=1730852.94 ' 570 565 560 555 550 545 540 535 N " :;j lli II I II I II II II~ II II II II ~ !Ciil !Ciii !( !( &:~ !( !( !( !Ciil 10+00 11+00 12+00 0 G~~ \o be. C<),rrc.t<v..~J../ DEVELOP~IENT, LLC Q S '\X) ri:-(j~ r: ~ ~ o~~e. «<e ... lt ~~ ~~ !Ciil 13+00 MISSOURI DEPAKTMENT OF TRANSPORTATION ~IIi ~~ !Ciil "' ~"' ~~ ll":jj &?fa 14+00 LEGEND E:!!i3 ASPHALT (!d CONCRETE BAR IS ONE I NCH ON OFFIOAL DRAWINGS. 0 40' I " "' ~ II !( 15+00 545 540 535 I I I I " IF NOT ON E I I I I I ~TFE --- 1 ..., ..., Q) -..., ... c m a:: it: a::~ co -rn a::rn a::-o::l!; ~~ zz <(::I wO C!lu cw -...J a:: a mu 1--tfl~ a::-1-u rnz zO -rn ...Ja:; ~w ZIL ::IlL cw .,