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HomeMy Public PortalAboutORD14362 BILL NO. 2008-13 SPONSORED BY COUNCILMAN Penfold ORDINANCE NO. 14-31a AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A DEVELOPMENT AGREEMENT WITH LINCOLN UNIVERSITY. 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 development agreement with Lincoln University. Section 2. The agreement shall be substantially the same in form and content as that agreement attached hereto as Exhibit A. Section 3. This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed: App r/esiding Officer Mayor ATT T: APPROVED AS TO FORM: y City Counselor Y 1y3N L CITY OF JEFFERSON LINCOLN UNIVERSITY AGREEMENT THIS AGREEMENT, entered into this day of �� 2008,between the City of Jefferson, Missouri 320 East McCarty, Jefferson City, Missouri, 65 10 1, a municipal corporation, herein referred to as"City," and Lincoln University, 820 Chestnut Street,Jefferson City, Missouri, 65101, herein referred to as "University". WITNESSETH: WHEREAS,the City and the University are cooperating on several projects that will improve both the City and University involving consideration from both sides which, when taken as a whole, involve near equal contribution; and NOW THEREFORE, in consideration of the mutual agreements and covenants set forth herein, the parties agree as follows: ARTICLE 1 GENERAL PROVISIONS • 1.1 No Agency of University. The City is not the representative or agent of the University, and this Agreement shall not be construed to make the University liable to any material men, contractors, laborers, or others for work, labor, or materials furnished in connection with the construction or to create any contractual or other relationship, express or implied, between the University and any material men, contractors, laborers, suppliers or others furnishing any work, labor or materials in connection with the construction. 1.2 No Agency of City. University is not the representative or agent of the City, and this Agreement shall not be construed to make the City liable to any material men, contractors, laborers, or others for work, labor, or materials furnished in connection with the construction or to create any contractual or other relationship, express or implied,between the University and any material men, contractors, laborers, suppliers or others furnishing any work, labor or materials in connection with the construction. 1.3 Prevailing Wages. The City shall cause any contractor employed for this project to pay a wage of no less than the"prevailing hourly rate of wages" for work of a similar character in this locality, as established by Department of Labor and Industrial Relations of the State of Missouri, and as established by the Federal hourly rate of wages for this project. The contractor shall further agree with the work to be performed under the terms of this contract. • UAContract Files\development\Lincoln Univesity\Cost Participation Agreement 5-7-08.wpd 1.4 Assignment. Neither party shall assign any interest in this contract,nor transfer any interest in the same (whether by assignment or novation), without prior written consent of the • otherparty. Any such assignment is expressly subject to all rights and remedies under this agreement, including the right to amend the contract or to terminate the same as provided herein, and no such assignment shall require any notice to any such assignee of any actions which a party may take under this agreement. ARTICLE 2 REPRESENTATIONS, WARRANTIES AND AGREEMENTS OF UNIVERSITY As an inducement to City to enter into and perform under this Development Agreement, University covenants, represents and warrants to, and agrees with City as follows: 2.1 Organization and Good Standing of University. University is a public corporation duly organized,validly existing,and in good standing under the laws of the State of Missouri,has all requisite power and authority to own, lease, and consent the and related facilities and to carry on business related to the construction. 2.2 Authorized Representative. Until such time as University shall appoint an alternative representative or representatives. shall be deemed an authorized representative of University with respect to this Agreement and City shall be entitled to rely on the actions and communications of said representative to be those of University. • 2.3 No Contract Defaults. The University is not in default on any contract or agreement to which they are a party which materially affects or will materially and adversely affect its ability to perform its obligations hereunder. 2.4 No Litigation. There are no claims, suits or other proceedings threatened or pending against University which materially affect or will materially and adversely affect,or both its ability to perform its obligations hereunder. ARTICLE 3 REPRESENTATIONS, WARRANTIES AND AGREEMENTS OF CITY As an inducement to University to enter into and perform this Agreement, City covenants, represents and warrants to, and agrees with, University as follows: 3.1 Organization of City. City is a constitutional charter city validly existing under the laws of the State of Missouri. 3.2 Authorized Representative. Until such time as City shall appoint an alternative representative or representatives, . shall be deemed the authorized representative of • WContract Files\development\Lincoln Univesity\Cost Participation Agreement 5-7-08.wpd City with respect to this Agreement, and University shall be entitled to rely on the actions and communications of said person to be those of City. • 3.3 Authorily. Subject to passage of all necessary resolutions, motions and ordinances to effectuate this Agreement and subject to obtaining all necessary consents and permits,City has the full legal power and authority to enter into and perform this Agreement, and the execution and delivery of this Agreement in accordance with its terms will not violate any provision of law or the charter of the City. 3.4 No Conflicts. Nothing herein agreed to by City is in violation of, will conflict with,or result in a breach of,the terms and provisions of any existing law,rule,regulation, contract, agreement, charter provision or order of any court or governmental body. City is not a party to any contract or agreement conflicting with its covenants in this Agreement. 3.5 Financial Condition. City is solvent and is not a party to any assignment for the benefit of creditors or bankruptcy proceedings. 3.6 No Contract Defaults. City is not in default on any contract or agreement to which it is a party which materially affects or will materially and adversely affect, or both, its ability to perform its obligations hereunder. 3.7 No Liti ag tion. There are no claims, suits or other proceedings threatened or pending against City which materially affects or will materially and adversely affect, or both, its ability to perform its obligations hereunder. • ARTICLE 4 LOCUST STREET 4.1 The University shall dedicate to the City right of way as indicated in Diagram A attached herewith. 4.2. The City, and its assigns shall contract for and administer the construction and installation of the roadway,curb and sidewalks along the north end of Locust street between Dunklin and 200 feet south of Walsh in accordance with all city standards and specifications. 4.3. The City,and its assigns shall provide inspectors to assure the construction is completed according to this agreement. 4.4. The City,and its assigns agree to relocate any public utilities materially affected by the construction. 4.5 The City agrees to contribute one-half(%)of the construction costs of this project which is estimated to be$86,789.00. UAContmct Files\developmentUncoln Univesity\Cost Participation Agreement 5-7-08.wpd 4.6 The University shall contribute one-half(1/z) of the construction costs of this project, which is estimated to be$86,789.00. • 4.7 The City agrees to provide the University driveway accesses on Locust Street. The accesses shall be designed and constructed with the project's construction. 4.8 The City shall provide legal descriptions for the right of way taken on Locust Street. ARTICLE 5 STADIUM AND LAFAYETTE 5.1 The University shall dedicate to the City right of way as indicated in Diagram B attached herewith. 5.2 The City agrees to provide the University driveway accesses at intersection as in Diagram B. The accesses shall be designed and constructed with the projects construction. 5.3 The City agrees to grant the University a permissive use of right of way to construct, landscape and maintain a monument sign in the center island of the roundabout at the intersection of Stadium and Lafayette. 5.4 The City shall provide legal descriptions of the right of way dedicated from the • University to the City associated with this agreement. ARTICLE 6.1 CHESTNUT STREET 6.1 In exchange for the other consideration found in this agreement, the City shall provide engineering design services in cooperation with the University staff for the future streetscaping of Chestnut Street. ARTICLE 7 ADDITIONAL PROVISIONS 7.1 Modification of Agreement This Agreement shall not be modified or amended except by a written instrument approved and signed by the parties hereto. 7.2 Severability Any illegal or unenforceable provision of this Agreement will be • UAContract Files\development\Lincoln Univesiry\Cost Participation Agreement 5-7-08.wpd severed here from and will not render invalid the remaining provisions of this Agreement. • 7.3 Law to govern This agreement shall be construed according to laws of the State of Missouri. The parties shall comply with all applicable local, state, and federal laws and regulations relating to the performance of the agreement. 7.4 Notices. Any communications between the City and the University, 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 University at 820 Chestnut, Jefferson City, Missouri, 65 10 1, or to such other addresses as either party may in writing hereafter indicate. 7.5 Effect. This agreement is not intended to, and shall not be construed to be, a waiver of any defense or immunity available to either party, nor is it intended, nor shall it be construed so as to subject either party to any law or regulation which the party would not have been subject to in the absence of this agreement. IN WITNESS WHEREOF,the parties hereto have executed this Development Agreement, all as of the date first written above. CIT ERSON Curat rs of Lincoln University o Missouri • Ma.>r itle: ATTEST:-. . ATTEST: DapCity Clerk Secretary AP D O FORM: CORPORATION City Counselor Title ATTEST: �J retary • UXontract FileMevelopmenALincoln Univesity\Cost Participation Agreement 5-7-08.wpd '1S Nn ----------------------- --r------ -------------- na'3 T- T- • s cO k wit r 4-+ � I I r I I I I I O i -0m o� 1 Fill log i 1 -- ---y- y---y---y--- Q MT r Fk€ U L-L—J IFIR 7 .-a ............ k L Jd� 6$ — x�1f� 1 1 _.._......_.._..............._.._......... � i i ' t a 8 • ,00•z� , i $ i 4 3 1 b 1 1 I; y8 Boundary Description • Locust Street Right of Way Part of Outlot Nos. 31 and 32 of the City of Jefferson, Cole County, Missouri, more particularly described as follows: Beginning at the northeasterly corner of outlot no. 32 thence southerly along the easterly lines of outlot nos. 32 and 31, 640.24 feet to a point being 323 feet north of southeast corner of outlot no. 31, said point also being the southeasterly corner of a parcel recorded in Book 513, Page 195 of the Cole County Recorders Office; thence westerly along said property line a distance of 12 feet; thence northerly parallel to the easterly line of said outlot nos. 31 and 32, 640.24 feet to the northerly line of outlot no. 32; thence easterly along the northerly line of outlot no. 32 a distance of 12 feet to the point of beginning, containing 7682.88 square feet. �B N � to a .L - ,� 33, N CC 7 CO � �a �� � �, �•�327 40 ii AD P�% ©+ 0 z l 30 `6 r 1`Z � 'la 161� a, 3022 2�� 6179 S N`�, alp a SQ F^(• R,4 2 3 �6 26 p68 PORES Boundary Description • From: Board of Curators of Lincoln University To: The City of Jefferson Part of Outlot Number 84 in the City of Jefferson, County of Cole, State of Missouri, more particularly described as follows: From the northwesterly corner of said Outlot Number 84; thence N 55°25' W, 15 feet to a point on the centerline of Leslie Boulevard ( at station 43+84.57 as per plans Lafayette Street Extension, Bond Issue Project BI-61-04, Section B, for the City of Jefferson), as described by Deed Book 175 Page 45, of Cole County Recorders Office, Jefferson City, Missouri, said point being on the center of an existing 30 foot wide right-of-way (previously know as Lafayette Street); thence S 34° 35'W, 59.38 feet; thence on a curve to the left, having a radius of 383.06 feet, an arc distance of 471.79 feet, said point being at station 49+15.74; thence perpendicular to said centerline station 40.00 feet in an southwesterly direction to the westerly right-of-way line of said street and being the Point of Beginning of this description; thence S 89°13'42"W, 19.05 feet; thence N 48°03'32" W, 97.84 feet to a point that is on the southeasterly right-of-way of Stadium Boulevard (previously known as Mesa Avenue); thence N 72'14'10" E; 48.48 feet along said southeasterly right-of-way to a point of intersection with the westerly right-of-way of said Leslie Boulevard; thence in a southeasterly direction along said Leslie Boulevard right- of—way on a curve to the left having a radius of 423.06 feet , an arc distance of 92.18 feet, to the point of beginning of this description. Containing 2658.80 square feet or • 0.0610 acres. • Boundary Description • From: Board of Curators of Lincoln University To: The City of Jefferson Part of Outlot Number 84 in the City of Jefferson, County of Cole, State of Missouri, more particularly described as follows: From the northwesterly corner of said Outlot Number 84; thence N 55°25' W, 15 feet to a point on the centerline of Leslie Boulevard ( at station 43+84'.57 as per plans Lafayette Street Extension, Bond Issue Project BI-61-04, Section B, for the City of Jefferson), as described by Deed Book 175 Page 45, of Cole County Recorders Office, Jefferson City, Missouri, said point being on the center of an existing 30 foot wide right-of-way (previously know as Lafayette Street); thence S 34° 35'W, 59.38 feet; thence on a curve to the left, having a radius of 383.06 feet, an arc distance of 264.03 feet, said point being at station 47+07.98; thence perpendicular to said centerline station 40.00 feet in an easterly direction to the easterly right-of-way line of said street and being the Point of Beginning of this description; thence S 62°33'53" E, 74.81 feet; thence S 17'18'14"E, 45.74 feet; thence S 33 107'53"W, 70.10 feet, to a point that is on the easterly right-of- way line of said street and is perpendicular to centerline station 48+68.89; thence in a northwesterly direction along said right-of-way line on a curve to the right having a radius of 343.06 feet an arc distance 144.10 feet to the Point of Beginning of this description. Containing 5780.60 square feet or 0.1327 acres more or less.