HomeMy Public PortalAboutORD14729 BILL NO. 2010-09
SPONSORED BY Councilman Medin
1417 ORDINANCE NO. �(
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AMENDMENT TO THE DEVELOPMENT
AGREEMENT WITH COLE COUNTY, MISSOURI AND SSM REGIONAL HEALTH
SERVICES.
BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS
FOLLOWS:
Section 1. The City Council hereby authorizes and directs the Mayor and City Clerk
to execute an amendment to the Development Agreement with Cole County, Missouri, and
SSM Regional Health Services dated December 21, 2009, the terms of such amendment
to be substantially similar to the attached Exhibit A.
Section 2. This Ordinance shall be in full force and effect from and after the date
of its passage and approval.
Passed: Approved: �� �fo
Pres� 4 O icer �7/ Mayor
ATTEST: APPROVED AS TO FORM:
J
ter,.
City Clerk Cit Counselor
SECOND AMENDMENT TO DEVELOPMENT AGREEMENT
THIS SE OND AML=' ENT TO DEVELOPMENT AGREEIVIFNT("Second Amendment') is made and entered
into effective this day o1 .2011,by and among the CITY OF JEFFERSON CITY,MISSOURI .a
municipal corporation(the-City'),COLL COUNTY,MISSOURI,a first class county("Cole County').and SSM
REGIONAL HEALTH SERVICES,a Missouri nonprofit corporation ("Developer").
RECITALS:
A. The City,Cole County and Developer entered into that certain Development Agreement dated December 21,
2009,as amended by that certain First Amendment to Development Agreement dated October 6.2010(collectively,the
"Agreement"),pursuant to which the City and County agreed to complete the Public Improvements more particularly described
therein at the time and in the manner set forth therein.
E. The City,Cale County and the Developer now propose to further amend the Agreement pursuant to and in
accordance with the provisions set forth below.
C. Capitalized terms used but not defined herein shall have the meaning assigned to them in the Agreement,
NOW,TI IEREPORF,in consideration of the foregoing recitals and the mutual covenants and promises made in the
Agreement and in this Second Amendment and such other valuable consideration the receipt and sufficiency of which is hereby
acknowledged,the parties hereby agrees as follows:
1, Section 2.1 of the Agreement is hereby amended to add new subsection (d) to read in words and figures as
follows:
(d) Upon conveyance of the Public Safety Parcel to the City and Cole County. the City shall convey to
Developer a.6 acre tract of land located south of-Mission Drive and a.24 acre tract of land located south of the Mission
Drive round-about, each of which are more particularly identified on the map attached hereto as Schedule 2.1 and
incorporated herein by this reference, for no additional cost or obligation to Developer.
2, Section 4.5 of the Agreement is hereby amended by deleting the first sentence thereof and substituting in lieu
thereof the following new sentence,to read as follows;
Promptly alter Substantial Completion. Developer covenants and agrees to convey the Public Safety Parcel
.jointly to the City and the Cole County,and the Greenway Easement to the City.both of which without cost to the City
and Cole County: prodded,however.in the event a public safety facility is not constructed on the Public Safety Parcel
within twelve (12) years after the conveyance thereof, or the greenwaylwalking trail is not constructed over the
Greenway Easement within twelve (12) years after the conveyance thereof: then the Public Safety Parcel andlor
Greenway Easement. as the case may be. shall immediately.. without approval by, notice to or consent of the City or
Cole County,revert back to the Developer.
3. The parties hereby acknowledge that the property highlighted in yellow and identified on Attachment A to
this Second Amendment as the 3.0 acre tract of land is the Pubic Safety Parcel to be trans(erred to the City and Cale County
pursuant to Developer's obligation set forth in paragraph 4.5 of the Agreement. in addition to all other obligations of Developer
in the Agreement, Developer covenants and agrees to remove the existing buildings and structures currently located on said
Public Safety Parcel prior to completion of the Hospital.
4. The parties hereby further acknowledge that the new storm sewer easement identified in blue on Attachment
A to this Second Amendment shall be granted by Developer in favor of the City through the execution and delivery of an
casement containing a legal description for said new storm sewer easement, in lorm and substance mutually agreed to by
Developer and the City. In addition,the City shall vacate the existing storm sewer easement highlighted in blue on Attachment A
to this Second Amendment by adopting an ordinance confirming same. in form and substance mutually agreed to by Developer
and the City.
1307871
5. E.r•cept as modified, amended or supplemented by this Second Amendment, the terms and provisions of the
Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the City. Cole County and the Developer have caused this Agreement to he executed in
their respective names and the City and Cole County has caused its seal to be allixed thereto, and attested as to the date first
above written.
CITY OF JEFFERSON CITY,MISSOURI
{SEAL}
By:
Attest: Mayor
flf�
Ci Clerk
App e as For
Natha °M. ickolaus,City Counselor
COLE COUNTY,MISSOUR
(SEAL)
By:
Attest: Marc H. lingo residing C. n ' sioner
By:
County Clerk
SSM ft(GIONAL HEALTH E A�[CES
ownd oper ati€ n� Iealth enter
' VBy
Wilfl- .Thomps n, Presides t
1307871
NEW STORM SEWER ESMT.
t , (TO BE DIMCATED)
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EXISTING WS51oN
9 DRVE R/W r I
~EXISTING STORM SEWER
ESMT. (TO BE VACATED)
T —
t 0.60 ACRE TRA T TO BE
t 3.00 ACRE TRACT TO BE DEEDED FROM THE CITY OF
DEEDED FRO.# ST. MARY'S
JEFFERSON TO 5T. MARY'S T
/ TO THE CrY OF JEFFERSON
0.24 ACRE TRACT TO -
r DEEDED FROM THE CITY OF "' J
JEFFERSON TO ST. MARY'S w
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