HomeMy Public PortalAboutORD16071BILL NO. 2020-023
SPONSORED BY Councilmember Hussey
ORDINANCE NO. 1(00-71
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE A DEVELOPMENT AGREEMENT WITH
SUPERIOR HOME IMPROVEMENT TEAM, LLC.
BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS
FOLLOWS.-
Section
OLLOWS:
Section 1. The Mayor and City Clerk are hereby authorized to execute a contract
for development with Superior Home Improvement Team, LLC.
Section 2. The development 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 Attorney 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: jlbz,t F, a!% a.,9
Presiding Officer
ATTEST:
Approved. 0 90
Carrie Tergin, Mayor
APPROVED AS TO FORM:
City Clerk City tt ey
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
SUPERIOR HOME IMPROVEMENT TEAM LLC ("Developer'). The City and Developer
may hereinafter be collectively referred to as the Parties and individually as a Pte.
RECITALS
The Subject Property. The City holds title to certain land currently located in the incorporated
area of the City of Jefferson depicted in the attached Exhibit A, commonly known as 813
Madison (the "Subject Property") and legally described as follows:
Lot 9 of Maus' Subdivision of Inlots 985 and 989, in the City of Jefferson, Missouri.
Proposed Project. Developer desires to develop the Subject Property for the benefit of the
neighboring residential property at 811 Madison (the "Benefit Property").
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. City's Obligations for Development.
a) Within thirty days of execution of this development agreement, City will convey by an
instrument approved by the City Attorney the Subject Property to Developer. If further
surveying, legal descriptions, or other professional services are necessary to convey the
Subject Property to Developer, Developer shall bear the cost of such services, including
any recording fees. The City is conveying the property as -is with no warranty or
representation regarding the condition of the property or its suitability for the uses
contemplated herein.
2. Developer's Obligations for Development.
a) Contemporaneously with the transfer of the Subject Property to the Developer, Developer
shall pay to the City an amount equal to Seven Hundred Fifty and 00/100 Dollars
($750.00)
b) Within one-year of the execution of this Agreement, Developer shall perform the
following work, at Developer's sole expense:
i) Consolidate the lots containing the Subject Property and 811 Madison through a
replatting process with the Planning Division of the City of Jefferson.
ii) Construct a single -width driveway on the property no more than 12 feet wide, which
shall not extend beyond a straight line extending from the rear exterior wall of 811
Madison. Developer shall obtain all necessary applicable permits and regulatory
authorizations to perform such work.
c) For a period of three year after the conveyance of the Subject Property from the City to
the Developer, Developer shall not allow any generally applicable property taxes
assessed on the Subject Property or Benefit Property to become delinquent, nor shall
Developer allow the Subject Property or Benefit Property to become a nuisance. For
purpose of this agreement, the Subject Property or Benefit Property will be deemed to be
have become a nuisance if.
i) The Subject Property or Benefit Property has, during the term of this Agreement,
been declared a Dangerous Building as defined in Section 8-82 of the City Code;
ii) The Subject Property or Benefit Property has been declared a nuisance and ordered to
abate nuisance conditions under Sections 21-1 through 21-3 of the City Code more
than three times; or
iii) The City has actually abated nuisance conditions on the Subject Property after notice
and hearing (if required or requested pursuant to City Code) two or more times.
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
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
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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:
Matt Holland
Madison Street Realty
900 Madision
Jefferson City, MO 65101
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.
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,
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 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 hereunder.
8. Compliance with Laws. Developer shall comply with all applicable state, local, and federal
laws in the performance of this Agreement.
9. Continuation of Obligations. The rights and obligations under this agreement or under any
other document entered into under this agreement will not merge on closing. The restrictions
and covenants set forth above are hereby declared to run with the land and shall be fully
binding upon all persons or entities acquiring the properties or any portion thereof whether
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by descent, devise, purchase or otherwise, and any person or entity by the acceptance of title
to the Subject Property or any portion thereof shall thereby agree and covenant to abide by
and fully perform the foregoing restrictions and covenants.
10. 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.
CITY:
City of Jefferson, Missouri
By: -
Carrie Tergin, Mayor
Date: I — q aQ
ATTEST:
,nA.A J /.--I n. dA -r,-,
L f.!TX F VW%n--- X V f--%-
ily Donal son, City Clerk
Approved as to form:
Ryan t54an, City Attorney
STATE OF MISSOURI )
) SS
COUNTY OF COLE )
On this �j� day of &4ke/61-' , 2020, before me appeared Carrie
Tergin, to me personally known, who, bd4rig 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.
%bhVkiklDtl���
Ery D , Notary Public
My commission expires: D �f
ENLYIDONALDION
5 ROYPublicM of� Sod
Con nissionM for Cob
My Commission Expires: April 14,2M4
Commission Number. 20
My commission expires:
DEVELOPER:
SUPERIOR HOME IMPROVEMENT TEAM LLC
By: .-le
Nam1Tl'�9,�tr
Date L,,7
STATE OF MISSOURI )
) SS
COUNTY OF COLE )
�I�IC�
On this 21 day of (AS � , 2020, before me appeared ,
to me personally known, who, being by me duly sworn did say that he is o wne✓l&' W►ibolo"f
SUPERIOR HOME IMPROVEMENT TEAM LLC, a Missouri limited liability company, and
that said instrument was signed on behalf of said company, by authority of its governing body,
and said "k'w A/01/'7Ka acknowledged said instrument to be the free act and deed of
said company 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 a d year herei bove first written.
/ �4ev% N- �r�S , Notary Public
My commission expires: 612512bZZ
KERSTEN NILGES
Notary Public - Notary Seal
STATE OF MISSOURI
County of Callaway
My Commission 1 6/25/2022
Commission 8007502
A
EXHIBIT A
Subject Property
Subject Property is shaded in green. Benefit Property is shaded in red. Lines are approximate.
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