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HomeMy Public PortalAboutORD15948BILL NO. 2019-041 SPONSORED BY Councilman Mihalevich ORDINANCE NO. 15.4g AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, APPROVING A SECOND AMENDMENT TO THE INTERGOVERNMENTAL COOPERATION AGREEMENT BY AND BETWEEN THE CITY OF JEFFERSON CITY, MISSOURI AND STONE RIDGE TRANSPORTATION DEVELOPMENT DISTRICT. 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 a Second Amendment to the Intergovernmental Cooperation Agreement with STONE RIDGE TRANSPORTATION DEVELOPMENT DISTRICT. Section 2. The amendment to the contract shall be in form and content as that agreement attached hereto as Exhibit A. The City Administrator and appropriate City Staff are hereby authorized to execute such documents and take such actions necessary to effectuate the intent of this Ordinance. Section 3. This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed: Presiding Officer ATTEST: u -rt- ) 9, ),o`c Approved: 24/D -D/? Mayor Carrie Tergin APPROVED AS TO FORM: Cit' lerk City o nselor IiA SECOND AMENDMENT TO INTERGOVERNMENTAL COOPERATION AGREEMENT THIS SECOND AMENDMENT TO INTERGOVERNMENTAL COOPERATION AGREEMENT (this "Second Amendment") is made and entered into effective as of 2019 (the "Amendment Date"), by and between the CITY OF JEFFERSON CITY, MISSOURI (the "City") and the STONE RIDGE TRANSPORTATION DEVELOPMENT DISTRICT (the "District"), political subdivisions of the State of Missouri. RECITALS WHEREAS, pursuant to RSMo § 238.250, the District and the City, in its capacity as a local transportation authority, entered into that certain Intergovernmental Cooperation Agreement effective as of February 28, 2007 (the "Agreement") regarding the funding, operation, planning, designing, constructing, improving, maintaining, or operating certain transportation -related improvements as more particularly described in the Agreement, which Agreement was amended by First Amendment to Intergovernmental Cooperation Agreement, dated March 10, 2010 (the "First Amendment"). Capitalized terms not defined herein shall have the meanings as assigned in the Agreement. NOW, THEREFORE, in consideration of the mutual agreements herein contained and for other good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, the City and the District hereby agree that the Agreement is amended as follows: 1. Section 1.1. The definition of "Transportation Projects" set forth in Section 1.1 is hereby deleted in its entirety and replaced with the following: "Transportation Projects" means those projects described in the Order, as they may be amended from time to time, and as set forth in Exhibit C attached hereto and incorporated herein by reference. 2. Exhibit C. Exhibit C of the Agreement is hereby amended by the addition of the following text: The project will also include improvements to Stoneridge Parkway and Hard Rock Drive, including right-of-way acquisition, earthwork, curb and gutter, sidewalks, paving, storm sewer, street lights, and other utilities. The estimated cost of such improvements to Stonebridge Parkway and Hard Rock Drive is $5,250,550.40. 3. Counterparts. This Second Amendment may be executed in multiple counterparts, each of which shall be deemed an original, and all of which when taken together shall constitute one and the same document. A copy or email transmission of any part of this Second Amendment, including the signature page, shall have the same force and effect as an original. 4. Successors and Assigns. This Second Amendment shall inure to the benefit of and be binding upon the City and the District and their respective representatives, successors and assigns. 5. Affirmation of Agreement. All other terms and provisions of the Agreement, as previously amended by the First Amendment, that are not specifically modified by this Second Amendment shall remain in full force and effect. All references herein or in the Agreement to the "Agreement" shall mean and refer to the Agreement as amended by the First Amendment and this Second Amendment. In the event of any inconsistencies between this Second Amendment and the Agreement, the terms of this Second Amendment shall govern and control. IN WITNESS WHEREOF, the parties have caused this Second Amendment to be executed by their respective officers or officials. Executed by the District the day of , 2019. STATE OF COUNTY OF SS. THE STONE RIDGE TRANSPORTATION DEVELOPMENT DISTRICT By: Name: Michael K. Farmer Title: Executive Director On this day of , 2019, before me, a Notary Public in and for said state, personally appeared Michael K. Farmer, who acknowledged to be the Executive Director of the STONE RIDGE TRANSPORTATION DEVELOPMENT DISTRICT, and that, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing the name of said Transportation Development District. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year least above written. Notary Public My Commission Expires: [SEAL] Executed by the City the day of , 2019. THE CITY OF JEFFERSON CITY, MISSOURI By: Name: Carrie Tergin Title: Mayor STATE OF COUNTY OF SS. On this day of , 2019, before me, a Notary Public in and for said state, personally appeared Carrie Tergin who acknowledged to be the Mayor of the CITY OF JEFFERSON CITY, MISSOURI, and that, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing the name of said City. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year least above written. Notary Public My Commission Expires: [SEAL]