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Home My Public Portal AboutORD14359 i BILL NO. 2008-10 SPONSORED BY COUNCILMAN Klindt ORDINANCE NO. /43 " AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF JEFFERSON, MISSOURI AND LAND DEVELOPMENT COMPANY GOVERNING THE DEVELOPMENTOF PROPERTYTO BE PLATTED AS STONERIDGE VILLAGE SUBDIVISION, SECTION TWO, IN THE VICINITY OF THE 800 BLOCK OF WEST STADIUM BOULEVARD. WHEREAS, the Developers desire to plat Section Two of Stoneridge Village Subdivision; and; WHEREAS, the Developers and the City desire to enter an agreement by which to facilitate the orderly development of and installation of improvements associated with Stoneridge Village Subdivision; NOW THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. A Development Agreement with Land Development Company is hereby approved. Section 2. The Development Agreement shall be substantially the same in form and content as that agreement attached hereto as Exhibit A. Section 3. The Mayor and City Clerk are hereby authorized to execute the necessary documents. Passed: 'L ��0 Ap v_e y� 2aC�8 Pre si m Officer yor ATTEST: APPROVED AS TO FORM: -i y CIer y Counselor -1- i Ll 559 • met``t� OF I f fltd,I s M 1tY5 e Development Agreement between City of Jefferson and Land Development Co. THIS AGREEMENT (hereinafter "Agreement") entered into this day of 2008 by and between the City of Jefferson, Missouri, 320 East McCarty, Jefferson City Missouri, 65101, a municipal corporation, hereinafter referred to as "City," and Land Development Co., a Missouri Corporation, 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 Developer and the City desire to enter an agreement by which to facilitate the orderly development of certain property; and WHEREAS it is in the best interest of the City to advance the orderly development of property in and around the City; 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, or cause to be constructed,Hard Rock Drive and Stone Creek Drive, as shown on Attachment A, from Stadium Boulevard to the edge of the platted right of way shown on the final plat of Stoneridge Village Subdivision, Section 2, • including all necessary infrastructure, such as paved streets, fire hydrants, storm drains, street lights, and sanitary sewers All designs for such infrastructure shall 1 • a. Approve the plat for Stoneridge Village Subdivision, Section 2. 3. GENERAL PROVISIONS: a. All elements of the development and infrastructure shall comply with the ordinances, regulations and standards of the City. b. All construction shall be in compliance with the plans submitted to the City and subsequently approved by the Director of the Department of Community Development. C. The parties acknowledge and agree that 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 City set forth herein. d. Modification of Agreement. This Agreement shall not be modified or amended except by a written instrument approved and signed by the parties hereto. e. Severability. Any illegal or unenforceable provision of this Agreement will be severed herefrom and will not render invalid the remaining provisions of this • Agreement. f. 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. 4. CONTINUATION OF OBLIGATIONS. a. Unless the assignees or successors of Developer shall expressly assume in writing the obligations, or any part thereof, of this Agreement, the Developer herein shall remain personally bound by the covenants herein even though Developer may no longer own any property adjacent to or abutting said Property. b. 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. The promises and covenants herein shall run with the Property and shall be construed as real covenants running with the land. 5. 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: 3 be pre-approved by the City. b. Ensure that all elements of its project are in compliance with City regulations. C. Provide to the City, no later than December 31, 2008, engineering infrastructure plans in relation to Stoneridge Village Subdivision Section 2 for all of the following: i. Stone Creek Drive and Hard Rock Drive. ii. Storm Water Detention iii. Storm Sewers iv. Sanitary Sewers V. Stadium Boulevard Improvements, including but not limited to a roundabout at the intersection of Stadium Drive and Hard Rock Drive as well as a roundabout at Stadium Drive and Hyde Park Road. d. Provide a certification by a professional engineer,who is from an independent engineering firm which has been approved by the City, stating that the design for • the roundabouts on Stadium Boulevard connecting Stadium Boulevard to Hard Rock Drive and Hyde Park Road, meet generally accepted standards of professional engineers for the design of such roundabouts and will adequately handle the foreseeable amounts of traffic at those intersections. e. In the event that the certification as provided in paragraph 1.d. above is issued, construct, or cause to be constructed, no later than July 31, 2010, the proposed roundabouts at the intersections of Stadium Boulevard and Hyde Park Road, and Stadium Boulevard and Hard Rock Drive, as per the plans approved in paragraph 1.d , above, together with all necessary appurtenances. f. Connect, or cause to be connected, Stoneridge Parkway to Hard Rock Drive as shown on and in substantial conformance with the preliminary Plat of Stoneridge Village Subdivision Phase 2 included as Attachment B, no later than December 3Is', 2013. g. Developer agrees and binds itself to pay, or cause to be paid, all expenses and costs of labor and materials incurred in the construction of the work to be completed by or on behalf of Developer pursuant to this agreement. 2. CITY OBLIGATIONS • The City will: 2 • a. to the City at 320 East McCarty, Jefferson City, Missouri 65101; b. to the Developer at 221 Bolivar Street, Suite 401, P.O. Box 104960, Jefferson City, MO 65110; or C. to such other addresses as either party may in writing hereafter indicate. IN WITNESS WHEREOF,the parties have hereunto set their hands and seals effective the date written above. CITY OF F SON LAND DEVELOPMENT CO. Mayor Title: PlIE A TEST: ATTEST: •Dq. 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'fF� i'v. roaL..wesnl `":.ur.. ; ,u:rrl .. ,/ ^' /rl }\rr•;:j�,� __,_i�, Surv.e'y-Recofrd BDOhiBC page.? ,• I e.,r f,' . ,' y ��x,t"ji.1 _-,f e` a�. � \ V— 1 4�r oilrNn R•i'hLI",_. S�A::v:-t,u '':7'�� .1. F r•---- j ---- --'-'------ � Central Stissouri Professions; 9erv,cr5. lot , 1 n v p�I L, N ,�t _"FP.ELIMINIRY 'IA r BEA;L 1'EUSE M0 rnd Develo menS Co. STONECREEK D r- P..i171-- _.:'-z .., •M'ICEl.SECTION 36'RK-RK STONERIDDE DRfYE •• oL•"•. •••••:, ••:•.• - t�o•,• <a a LOCATION MAP °">'" " ...n d °um M QM aA MM r V CECnON 70'RK_ c3nr,ER D;—D•rs Attachment B Preliminary Subdivision Plat Stoneridge Village Subdivision, Phase Two