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Home My Public Portal AboutORD14152 I • BILL NO. 2006-126 SPONSORED BY COUNCILMAN Berry ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A DEVELOPMENT AGREEMENT WITH VINCA ENTERPRISES, INC. 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 Vinca Enterprises, Inc. 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: �'�• �� A roved 9�e � pp re ding Officer _ Mayor AT T. APPROVED AS TO FORM: C ty Cle Ci C unselor • Ord i LI 15 Z • Development Agreement between The City of Jefferson and Vinca Enterprises, Inc. THIS AGREEMENT (hereinafter"Agreement") entered into this day of 2006,by and between the City of Jefferson, Missouri, 320 East McCarty, efferson City Missouri, 65 10 1, a municipal corporation,hereinafter referred to as "City," and Vinca Enterprises, Inc., 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 City and Developer have entered into a series of meetings and negotiations in order to advance their mutual interest; 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: I. DEVELOPER OBLIGATIONS a. Ensure that all elements of the project are in compliance with City regulations. b. Provide new curb and gutter along the entire frontage of the property on East Miller Street. C. Provide a new sidewalk, five (5) feet in width, along the entire frontage of the property on East Miller Street. d. Address drainage problems of ponding both in the drive entrance area on East Miller Street and in the curb line of the street on East Miller Street by either drive / curb reconstruction and/or inlet(s) installation for these areas. Any plan to address this problem shall be approved by the City. e. Provide a new drive approach to replace the existing approach on East Miller Street serving the property. • f. Remove the existing swimming pool drain that empties onto East Miller Street UXontract Files\development\vinca EnterprisesTuri Agreement 2.wpd n _ Y and connect the new drain for the new swimming pool into the City Sanitary • Sewer. g. Provide a completed and approved site plan and plans for street, sidewalk and drainage improvements (improvement plans require a seal of a licensed professional engineer), indicating the above noted items a.- g. for approval by the City prior to start of construction. i. Complete construction of these referenced items by December 1, 2008. 2. CITY OBLIGATIONS a. The City shall relinquish eight(8) feet of right-of way of East Miller Street as proposed at the November 21, 2006 Public Works and Planning Meeting, once the items required under Developer Obligations listed above are completed. Actual relinquishment shall be upon completion of the items noted under developer obligations. b. The City shall issue a building permit for construction of the proposed development once a site plan and plans for street, sidewalk and drainage improvements (improvement plans require a seal of a licensed professional • engineer) are finalized and approved by City of Jefferson. 3. GENERAL PROVISIONS: a. All elements of the development and infrastructure shall comply with the ordinances,regulations, and standards of the City of Jefferson. b. The parties acknowledge and agree that the 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 the City set forth herein. C. 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. 4. CONTINUATION OF OBLIGATIONS. a. The promises and covenants herein shall run with the Property and shall be construed as real covenants running with the land. • U:\Contract Files\development\vinca EnterprisesTuri Agreement 2.wpd v 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. 5. MODIFICATION OF AGREEMENT. This Agreement shall not be modified or amended except by a written instrument approved and signed by the parties hereto. 6. 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. 7. 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. • 8. 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 4804 Country Club Dr., Jefferson City, MO 65109, or to such other addresses as either party may in writing hereafter indicate. 9. TIME. Parties agree that time is of the essence in this Agreement and failure to perform within the time required shall be considered a material breech. 10. INTENTION OF USE OF WORDS AND PHRASES. Words and phrases contained herein, including the acknowledgment clause, shall be construed as in the singular and plural number, and as masculine, feminine or neuter gender, according the context. 11. PARAGRAPH HEADINGS. The paragraph headings contained herein are for convenience in reference and are not • intended to define or limit the scope of any provision of this document. U:\Contract Files\developmentWinca Enterprises\Puri Agreement 2.wpd t n 12. ENTIRE AGREEMENT. The entire Agreement between the Developer and the City shall consist of this document. IN WITNESS WHEREOF,the parties have hereto set their hands and seals the last date written above. CITY OF JEFFERSON VINCA ENTER RI S INC. r ► May Title: A EST: ATTEST: rty Cler I Secretary APPY, VE AS ORM: • Vive Puri Notary Public Notary Seal State of Missouri County of Boone My Commission Expires 1 211 3/201 0 Cit se r Commission#06620039 i • Wi�6a[iidemb¢mtl �tk}� �ttilR�pa Agreement 2.wpd