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HomeMy Public PortalAboutORD14267 BILL NO. 2007-88 SPONSORED BY COUNCILMAN KLINDT ORDINANCE NO. i2L -7 i AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A DEVELOPMENT AGREEMENT WITH ROGER E. VERSLUES AND IRMA J. VERSLUES. 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 Roger E. Verslues and Irma J. Verslues. 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: I kv A pproved: 12 t l P sidi g Officer Mayor ATTE : APP D AS T ORM: y Cle Ci Counselor l q-�21L Z MEMORANDUM OF UNDERSTANDING • BETWEEN CITY OF JEFFERSON AND ROGER E. VERSLUES and IRMA J. VERSLUES r THIS AGREEMENT(hereinafter "Agreement") entered into this--5--day of 2007 by and between the City of Jefferson, Missouri, 320 East McCarty, Jefferson City Missouri, 65101, a municipal corporation, hereinafter referred to as"City," and Roger E. Verslues and Irma J. Verslues, husband and wife, hereinafter referred to as the "Developer." I. RECITALS WHEREAS, Developer filed his plat for the River's Edge Estates Subdivision ("Subdivision") on November 2, 2000, and it was recorded in Book 12 at page 209 of the records in the Cole County Recorder's office; and WHEREAS, the plat includes the plan for construction of sidewalks at portions of the Subdivision; and WHEREAS, permits have been issued by City for the construction of residents' homes in the Vubdivision; and WHEREAS, to date, the planned sidewalks in the Subdivision have not yet been constructed by the Developer; and WHEREAS, the offer of dedication of streets made by the Developer on the plat has not yet been accepted by the City; and WHEREAS, a petition was filed by residents in the Subdivision ("Residents' Petition") requesting a waiver of the sidewalk requirement established by the Subdivision plat; and WHEREAS, the Residents' Petition was not initiated or signed by the Developer; and WHEREAS, in response to the Residents' Petition, Substitute Bill 2007-72 was offered for consideration by City Council; and WHEREAS, Developer is willing and desires to complete its obligations to construct sidewalks in the Subdivision; and WHEREAS, the City desires to accept the Developer's offer of dedication of the streets in the Subdivision and to provide services in the Subdivision; loll. DEVELOPER OBLIGATIONS Complete Sidewalks. Developer will complete all sidewalks, according to city specifications, r' as shown in the Plat for Rivers Edge Estates on or before July 1, 2008. The project will include *cavation, installation, re-installation of sprinklers and roof drains to curb, seeding, fertilizing d mulching. All work will be performed in workmanlike manner. All subcontractors will be paid in full. Failure to Complete. Should Developer fail to complete all sidewalks by July 1, 2008, then the City shall construct the sidewalks and Developer shall reimburse City for all costs expended by the City in completing such sidewalks. Any such sums not paid within thirty (30) days after invoice shall be considered a lien on any properties owned by Developer in Rivers Edge Estates, except for Tract A of Rivers Edge Estates. III. CITY'S OBLIGATIONS City agrees to accept all of the infrastructure of the subdivision upon completion of the sidewalks. City agrees to maintain the infrastructure in the subdivision, consistent with its obligations as a Missouri municipal corporation, including but not limited to snow removal and street cleaning. City agrees to cooperate with the Developer with the relocation of public utilities, if such relocation is necessary due to the construction of the sidewalks. Wity agrees to assist Developer with notice to property owners, if such notice becomes necessary for the construction of the sidewalks. IV. GENERAL PROVISIONS All elements of the development and infrastructure shall comply with the ordinances, regulations and standards of the City. 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. Both parties recognize that the introduction and passage of ordinances is a matter of legislative prerogative and is not controllable by any agreement. The parties also recognize that whether or not the Mayor will choose to approve of such ordinances or exercise his Mayoral powers is solely within his discretion. Continuation of Obligations. 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. - 2- The provisions of this agreement shall be binding on the parties agents, assigns, and Ahiccessors in interest, provided however that nothing in this paragraph shall be construed as quiring 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 property owned by Developer in Rivers Edge Estates, except for Tract A of Rivers Edge Estates. ' 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 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 -eiG W4,4n&,., Ae. C'.,6 , 'la. 6S/a/ or to such other addresses as either party may in writing hereafter indicate. 46ondition Precedent. The Developer shall not be obligation to perform any provisions of this agreement until a vote is taken by the City Council on Substitute Bill No. 2007-72. IN WITNESS WHEREOF, the parties have hereto set their hands and seals the last date written above. -3 - QITY OF ON John Lan"sKr Roger E. Verslues Mayor A; T: Irma J. Vers es F*�yllis k(well,City Clerk /..I/ AP h? 0 FORM: City • • H:\Sandy\contracts\development\developag(se.wpo