HomeMy Public PortalAboutORD14899 BILL NO. 2011-117
SPONSORED BY COUNCILMAN Scrivner
ORDINANCE NO. ��
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH LOHMAN
INVESTMENTS, LLC.
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 a development agreement with Lohman Investments, LLC, to accept a
storm water detention basin as public infrastructure.
Section 2. The agreement shall be substantially the same in form and content as
the agreement attached hereto as Exhibit 1.
Section 3. This Ordinance shall be in full force and effect from and after the date
of its passage and approval.
Passed: �tl .� , �. /� Approved:������
Presiding O i Ma
ATTEST: APPROVED AS TO FORM:
City Clerk Interim City Counselor
Development Agreement
Between The City of Jefferson
And Lohman Investments LLC
THIS AGREEMENT (hereinafter"Agreement') entered into this day of December, 2011
by and between the City of Jefferson, Missouri, 320 East McCarty, Jefferson City Missouri,
65101, a municipal corporation,hereinafter referred to as "City," and Lohman Investments LLC,
hereinafter referred to as the "Developer."
WITNESSETH:
WHEREAS, the City may enter into agreements from time to time to ensure the orderly
development of property in and around the City; and
WHEREAS, the City and Developer have entered into a series of meetings and
negotiations in order to advance their mutual interest; and
WHEREAS, the Developer is the owner of the real property identified on exhibit A
(hereafter "the property") and Developer desires the City to accept the property for future
maintenance of the subdivision storm water detention basin situated upon the property; and
NOW THEREFORE, in consideration of the mutual promises and covenants hereinafter
set forth, and other good and valuable consideration, the City and Developer do hereby covenant
and agree as follows:
1. DEVELOPER OBLIGATIONS
Developer agrees to:
a. Construct the subdivision storm water detention basin and all necessary associated
improvements (collectively referred to hereafter as "improvements") identified on
the public improvement plan as approved by the Director of Public Works,attached
herewith.
b. Upon Notice by the City that all improvements are complete, execute a warranty
deed to the City,in a form acceptable to the City, conveying the property to the City
of Jefferson.
2. CITY OBLIGATIONS
The City will
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a. Provide inspection of the improvements.
b. Issue a notice of compliance upon completion of the improvements in a manner
acceptable to the City.
C. Accept by ordinance the property in fee simple.
3. GENERAL PROVISIONS:
a. All elements of the development and infrastructure shall comply with the
ordinances, regulations, and standards of the City of Jefferson.
b. The parties aelmowledge and agree that the Developer's agreement to perform and
abide by the covenants and obligations of Developer set forth herein is material
consideration for City's agreement to perform and abide by the covenants and
obligations of the City set forth herein.
C. This agreement shall not be binding on either party until after the agreement has
been approved by passage of an ordinance by the City Council and the signature of
the Mayor has been affixed.
4. CONTINUATION OF OBLIGATIONS.
The promises and covenants herein shall run with the Property and shall be construed as
real covenants running with the land.
The provisions of this agreement shall be binding on the parties' agents, assigns, and
successors in interest, provided however that nothing in this paragraph shall be
construed as requiring a successor in interest to less than the full property to
perform any work or fulfill any obligation except those which apply to the parcel
that such successor owns.
MODIFICATION OF AGREEMENT.
This Agreement shall not be modified or amended except by a written instrument approved
and signed by the parties hereto.
SEVERABILITY.
Any illegal or unenforceable provision of this Agreement will be severed here from and
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will not render invalid the remaining provisions of this Agreement.
LAW TO GOVERN.
This agreement shall be construed according to laws of the State of Missouri. The
Developer shall comply with all local, state, and federal laws and regulations relating to the
performance of the agreement.
NOTICES.
Any communications between the City and the Developer, payments and notices provided herein
to the given or made, may be given or made by mailing the same to the City at 320 East McCarty,
Jefferson City, Missouri 65101 and to the Developer at 8 2421 West Edgewood Drive Jefferson
City, Missouri 65109, or to such other addresses as either party may in writing hereafter indicate.
IN WITNESS WHEREOF,the parties have hereto set their hands and seals the last date written
above.
CITY OF JEFF SON Lohman Investments LLC
Eric Strue Mayor T tle: rK
ATTEST: / ATTEST:
-City Clerk — ecretEYO
APPROVED AS TOO FORM:
City Counselor
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