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Home My Public Portal AboutORD14202 BILL NO. 2007-15 • SPONSORED BY COUNCILMAN Klindt ORDINANCE NO AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A DEVELOPMENT AGREEMENT WITH THE COUNTY OF COLE AND THE JEFFERSON CITY AREA CHAMBER OF COMMERCE. BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The Mayor and City Clerk are hereby authorized to execute a development agreement with County of Cole and Jefferson City Area Chamber of Commerce. Section 2. The terms of the agreement shall be substantially similar to those set forth in Exhibit A, which is attached hereto and by this reference incorporated herein as if more fully and completely set forth. Section 3. This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed: G�1 �0� Approv P esiding Officer Mayor ATTEST: APPROVED AS TO ORM: t City Clerk City Counselor W WZOZ • DEVELOPMENT AGREEMENT BETWEEN COUNTY OF COLE, CITY OF JEFFERSON AND JEFFERSON CITY AREA CHAMBER OF COMMERCE THIS AGREEMENT (hereafter "Agreement") is entered into this day of crIT;'2007 by and between the County of Cole, Courthouse Annex, Room 200, 311 0 (}' East High Street, Jefferson City, Missouri 65101, hereinafter referred to as "County," the City of Jefferson, Missouri, 320 East McCarty Street, Jefferson City, Missouri 65101, hereinafter referred to as "City," and the Jefferson City Area Chamber of Commerce, 213 Adams Street, P.O. Box 776, Jefferson City, MO 65102-0776, hereinafter referred to as "Chamber." WITNESSETH: WHEREAS, the County and the City may enter into agreements from time to time to ensure the orderly economic development of property in the City and the County as authorized in Section 67.303 of the Revised Statues of Missouri; and WHEREAS, the County, the City and the Chamber desire to enter into an agreement by which to facilitate the orderly development of property being developed by the Chamber as an industrial park located in the northeast quadrant of the interchange of Militia Drive and U.S. Highway 50, hereinafter referred to as the "Property;" and • WHEREAS, it is in the best interest of the County and the City to advance the orderly development of property in the City and the County; and WHEREAS, it is in the best interest of the County and the City to construct a new road from Militia Drive into the Property. NOW, THEREFORE, in consideration of the mutual and covenants hereinafter set forth, and other good and valuable consideration, the County, the City and the Chamber do hereby covenant and agrees as follows: 1. CHAMBER OBLIGATIONS a. Ensure that all elements of its project are in compliance with the code of the City of Jefferson. b. Extend approximately 1,200 linear feet of new road into the Property and connect to Militia Drive, including the acquisition of all necessary right-of-way and utility corridors, engineering design, grading, and construction for the above referenced road. c. Provide for future utility crossings, including sleeves for sewer mains, provide • storm drainage, street lighting, curb and gutter, guardrails, pavement, striping, Page 1 of 5 • signing, and landscaping in accordance with City standards, as applicable. Location and size of sewer sleeves shall be as specified by the City. d. Provide approximately 1,200 linear feet of sidewalk along the street extension. Design shall be as required by City Code. e. Provide storm water mitigation as necessary. f. Chamber agrees and binds itself to pay for all labor done and for all materials used in the construction of the work to be completed pursuant to this Agreement. Said work shall be publicly bid pursuant to the applicable provisions of the Revised Statues of Missouri and construction labor shall be paid in accordance with the applicable standards as set forth by the Missouri Department of Labor and Industrial Relations, Division of Labor Standards. g. Chamber will construct a sanitary sewer main to adequate to serve the property according to City specification for construction of such mains and will connect the same to City wastewater system. 2. COUNTY OBLIGATIONS a. County will reimburse the Chamber for the cost of the design of all of the • improvements in the not-to-exceed amount of$60,000. b. County will reimburse the Chamber the cost for the construction of a bridge or box culvert in the not-to-exceed amount of$250,000. c. Payments shall be made to the Chamber upon the County's receipt of a properly invoiced statement in total not exceeding the amounts listed above. d. Should the actual costs be less than the not-to-exceed amounts, the County is under no obligation to pay the remaining funds to the Chamber. 3. CITY OBLIGATIONS a. City will reimburse the Chamber for the cost of miscellaneous road improvements along Militia and at the new road intersection in the not-to- exceed amount of$50,000. b. City will reimburse the Chamber for the cost for signing and traffic control along Militia and at the new road intersection in the not-to-exceed amount of $20,000. c. City will reimburse the Chamber for the cost to install sanitary sewer to the • Property in the not-to-exceed amount of$200,000. Page 2 of 5 • d. Payments shall be made to the Chamber upon the City's receipt of a properly invoiced statement in total not exceeding the amounts listed above. e. Should the actual costs be less than the not-to-exceed amounts, the City is under no obligation to pay the remaining funds to the Chamber. 4. GENERAL PROVISIONS a. All elements of the development and infrastructure shall comply with the ordinances, regulations and standards of the City. b. Streets, utilities, sidewalks, and trails shall be constructed substantially in compliance with the plans submitted to the County and the City. c. The parties acknowledge and agree that Chamber's agreement to perform and abide by the covenants and obligations of Chamber set forth herein is material consideration for the County's and City's agreement to perform and abide by the covenants and obligations of County and City set forth herein. d. This Agreement shall not be binding on any party hereto until after the Agreement has formal approval of the County Commission by appropriate resolution and signature has been affixed hereto and approved by passage of • an ordinance by the City Council and the signature of the Mayor has been affixed hereto. e. All parties recognize that the introduction and passage of ordinances and/or resolutions are a matter of legislative prerogative and are not controlled by any agreement. The parties also recognize that whether the City's Mayor will choose to approve of such City ordinances or exercise his Mayoral powers relating thereto is within the Mayor's discretion. f. This Agreement shall not be modified or amended except by written instrument approved and signed by the parties hereto. g. Any illegal or unenforceable provision of this Agreement will severed here from and will not render invalid the remaining provisions of this Agreement, unless such severed provision is an integral part of the consideration for any parties' obligations hereunder. h. This Agreement shall be construed according to laws of the State of Missouri. The Chamber shall comply with all local, state, and federal laws and regulations relating to the performance of the Agreement. • Page 3 of 5 • 5. CONTINUATION OF OBLIGATIONS a. Unless the assignees or successors of the Chamber shall expressly assume in writing the obligations, or part thereof, of this Agreement, the Chamber shall remain bound by the covenants herein even though the Chamber may no longer own any property adjacent to or abutting to said road. 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 that 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 the land. 6. NOTICES Any communications between or among the County, the City, and the Chamber, and any payments and notices provided herein to the given or made, may be given or made by mailing the same: a. to the County at Courthouse Annex, 311 East High Street, Room 200, • Jefferson City, Missouri 65101; b. to the City addressed to the Mayor at 320 East McCarty Street, Jefferson City, Missouri 65101; and c. to the Chamber at 213 Adams Street, P.O. Box 776, Jefferson City, MO 65102-0776; or to such other addresses as the parties may in writing hereafter indicate. • Page 4 of 5 • IN WITNESS WHEREOF, the parties have hereto set their hands effective the date referenced in the first paragraph. COUNTY OF COLE CITY OF JEFFERSON Marc X. ger J andwehr Pre 'ding Commissioner or ATTEST: ATTEST: ' 4 County dlerk City Cl k APPROVED AS TO FORM: APP V D AS FORM: J e 'e age, County Auditor City Counselor • certify s there is a balance otherwise unemcumbered to the credit of the appropriation to which it is to be charged and a cash balance otherwise unencumbered in the treasury to the credit of the fund from which payment is to be incurred." JEFFERSON CITY AREA CHAMBER OF MERCE andall G. Allen President/CEO • Page 5 of 5