HomeMy Public PortalAboutORD14158 BILL NO. 2006-132
SPONSORED BY COUNCILMAN BERRY
ORDINANCE NO. I`"1 I U
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE A DEVELOPMENT AGREEMENT WITH STONE RIDGE TDD FOR
INFRASTRUCTURE IMPROVEMENTS RELATED TO THE PROPOSED DEVELOPMENT.
BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS:
SECTION 1. The Mayor and the City Clerk are hereby authorized to execute an agreement
with STONE RIDGE TDD to provide infrastructure improvements related to the proposed
development.
SECTION 2. The terms of the agreement shall be substantially similar to the agreement
attached hereto as "Attachment A."
SECTION 3. This ordinance shall be in full force and effect from and after the date of its
passage and approval.
� - l� . ADO �o
Passed: � Approve -7
•
Presi ' g ficer or
A ST: APPROVE D AS T ORM:
City Clerk City Counselor
1
Ord IN IGS
INTERGOVERNMENTAL COOPERATION AGREEMENT
between the
CITY OF JEFFERSON CITY, MISSOURI
• and the
STONE RIDGE TRANSPORTATION DEVELOPMENT DISTRICT
Dated as of: February 28, 2007
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• INTERGOVERNMENTAL COOPERATION AGREEMENT
This INTERGOVERNMENTAL COOPERATION AGREEMENT (this
"Agreement") is entered into as of Fe&rv4r1 a 8 2007, by and between the CITY OF
JEFFERSON CITY, MISSOURI (the "City") and the STONE RIDGE
TRANSPORTATION DEVELOPMENT DISTRICT (the "District'), political subdivisions
of the State of Missouri.
WITNESSETH
1. On September 12, 2006, Land Investments, LLC, (the "Owner") filed a petition
with the Cole County Circuit Court (the "Court") for the creation of a transportation
development district pursuant to the Missouri Transportation Development District Act, R.S.Mo.
§§ 238.200 et seq. (the"TDD Act'), with the property included in such District legally described
on Exhibit A attached hereto and incorporated herein by reference;
2. Pursuant to the Petition, a map of the Transportation Projects is attached as
Exhibit B hereto. A general description of the Transportation Projects is attached as Exhibit C
hereto.
3. On January 24, 2007, the Court issued a Judgment and Order Organizing a
• Transportation Development District (the "Order"), which established the District as a political
subdivision pursuant to and in accordance with the TDD Act and identified the City as a "local
transportation authority"within the meaning of R.S.Mo. § 238.202.1(4);
4. The Order provided that the District be established for the sole purpose of funding
the Transportation Projects, as described in the Petition, through the imposition of a sales tax (the
"TDD Sales Tax") at a rate not to exceed one percent(1%);
5. Pursuant to R.S.Mo. § 238.250, the District and the City, in its capacity as a local
transportation authority, are authorized to enter into a contract regarding the funding, promotion,
planning, designing, constructing, improving, maintaining, or operating the Transportation
Projects or to assist in such activity.
NOW, THEREFORE, in consideration of the premises and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the City and
District hereby agree as follows:
ARTICLE I.
DEFINITIONS
Section 1.1 Definitions of Words and Terms. The words and terms as used in this
Agreement shall have the following meanings:
"Act" means the Transportation Development District Act contained in Chapter 238
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• R.S.Mo.
"County"means Cole County, Missouri.
"TDD Administrative Costs" means overhead expenses of the District for
administration, supervision and inspection incurred in connection with the Transportation
Projects. TDD Administrative Costs include without limitation the following: (a) reimbursement
of the board of directors of the District for actual expenditures in the performance of duties on
the behalf of the District pursuant to R.S.Mo. § 238.222; (b) expenses incurred in the exercise of
the contractual powers of the District pursuant to R.S.Mo. § 238.250; (c) reimbursement of the
petitioners for the costs of filing and defending the petition to establish the District and all
publication and incidental costs incurred in obtaining the Court's certification of the petition
pursuant to R.S.Mo. § 238.217; (d) costs related to any authorized indebtedness of the District,
including the issuance and repayment of TDD Obligations pursuant to R.S.Mo. § 238.240; (e)
the cost of insurance obtained by the District pursuant to R.S.Mo. § 238.255; (f) the cost of any
audit by the state auditor pursuant to R.S.Mo. § 238.272; and (g) expenses incurred by the
District in the exercise of the powers granted under R.S.Mo. § 238.252, which consist of
compensation of employees or contractors, and the cost of suits by or against the District, (h) the
purchase of personal property necessary or convenient for the District's activities, (i) expenses in
connection with the support or opposition to legislation which may materially impair or assist the
functions of the District, and 0)the collection and disbursement of funds for District activities.
• "TDD Revenues" means the proceeds of the TDD Sales Tax deposited into a special
trust account in accordance with the TDD Act after deducting the City's cost of collection not to
exceed-one percent (1%) of the total amount received, or such special assessments as may be
imposed pursuant to the Act.
"TDD Sales Tax" means the transportation development district sales tax authorized by
R.S.Mo. § 238.235 and imposed by the District at a rate not to exceed one percent (1.0%) in
accordance with the TDD Act and this Agreement.
"Transportation Projects" means those projects described in the Order, as they may be
amended from time to time.
"Transportation Project Costs" means all costs necessary or incidental to plan, acquire,
finance, develop, design and construct the Transportation Projects, including without limitation:
(a) costs of all estimates, studies, surveys, plans, drawings, reports, tests, specifications and other
preliminary investigations of architects, appraisers, surveyors and engineers; (b) all professional
service costs, including without limitation architectural, engineering, legal, financial, planning or
special services incurred; (c) costs of acquisition of right-of-way; (d) costs of demolition of
buildings and the clearing and grading of land; (e) costs of relocation necessitated by the
Relocation Plan; (f) costs of construction; and (g) TDD Administrative Costs, including without
limitation reimbursement to the District or those acting for the District for any of the above
enumerated costs and expenses incurred and/or paid before execution of this Agreement.
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• ARTICLE II.
REPRESENTATIONS
Section 2.1 Representations by the District. The District represents as follows:
a. Existence. The District is a transportation development district and political
subdivision, duly organized and existing under the laws of the State of Missouri.
b. Authority. The District has authority to enter into and carry out its
obligations under this Agreement. By proper action of its board of directors, the District has
been duly authorized to execute and deliver this Agreement, acting by and through its duly
authorized officers.
c. Approvals. The District has taken all necessary action to approve the
Transportation Projects. No further action or approvals by the District are necessary in
connection with the construction or financing of the Transportation Project, except with respect
to the approval of certain matters relating to the reimbursement of Transportation Project Costs
and financing of the Transportation Project with TDD Obligations, as provided in this
Agreement.
d. Agreement not a Breach. The execution and delivery of this Agreement, the
consummation of the transactions contemplated by this Agreement and the performance of or
• compliance with the terms and conditions of this Agreement by the District will not conflict with
or result in a breach of any of the terms, conditions or provisions of or constitute a default under,
any mortgage, deed of trust, lease or any other restriction or any agreement or instrument to
which the District is a party or by which it or any of its property is bound, or any order, rule or
regulation of any court or governmental body applicable to the District or any of its property, or
result in the creation or imposition of any prohibited lien, charge or encumbrance of any nature
whatsoever upon any of the property or assets of the District under the terms of any instrument
or agreement to which the District is a party.
e. Conflicts. No official or employee of the District has any significant or
conflicting interest, financial or otherwise, in the Transportation Projects or in the transactions
contemplated by this Agreement, except as may be expressly or impliedly authorized by the Act
and not otherwise prohibited by R.S.Mo. §§ 105.450 to 105.496.
f. Future Actions. The District will take all actions necessary to acquire and
construct the Transportation Projects in accordance with this Agreement, and with all applicable
federal and state laws, rules and regulations.
g. Litigation. There is no litigation or proceeding pending or threatened against
the District affecting the right of the District to execute or deliver this Agreement or the ability of
the District to comply with its obligations under this Agreement.
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• Section 2.2 Representations by the City. The City represents that:
a. Existence. The City is duly organized and existing under the laws of the State
of Missouri as a political subdivision in which the District is located.
b. Authority. The City, acting in its capacity as a"local transportation authority"
within the meaning of R.S.Mo. § 238.202.1(4) of the TDD Act, has authority to enter into this
Agreement and to carry out its obligations under this Agreement. By proper action of its
governing body the City has been duly authorized to execute and deliver this Agreement, acting
by and through its duly authorized officers.
c. Approvals. No further action or approvals by the City are necessary in
connection with the construction or financing of the Transportation Projects, except with respect
to the approval of certain matters relating to the collection of the TDD Sales Tax and permitting
and dedication of the Transportation Projects, as provided in this Agreement.
d. Agreement Not a Breach. The execution and delivery of this Agreement, the
consummation of the transactions contemplated by this Agreement, and the performance of or
compliance with the terms and conditions of this Agreement by the City will not conflict with or
result in a breach of any of the terms, conditions or provisions of, or constitute a default under,
any indenture, mortgage, deed of trust, lease or other agreement or instrument to which the City
is a party or by which it or any of its property is bound or its bylaws or any of the constitutional
• or statutory rules or regulations applicable to the City or its property.
e. Conflicts. Except as may be expressly or impliedly authorized by the TDD
Act and not otherwise prohibited by R.S.Mo. §§ 105.450 to 105.496, no officer or employee of
the City has any significant or conflicting interest, financial or otherwise, in the Transportation
Projects or in the transactions contemplated by this Agreement.
f. Litigation. There is no litigation or proceeding pending or threatened against
the City affecting the right of the City to execute or deliver this Agreement or the ability of the
City to comply with its obligations under this Agreement.
ARTICLE III.
TRANSPORTATION PROJECTS RIGHT OF WAY
Section 3.1 Acquisition of Property by Negotiation. The District shall assemble the
property as necessary for the Transportation Projects by negotiated purchase, donation, option,
easement or lease. The District shall obtain all title commitments, inspections, tests, surveys and
reports; hire and retain all experts, professionals, including attorneys or engineers and staff and
pay or advance all costs as may be necessary or incidental to the acquisition of property for the
Transportation Projects.
Section 3.2 Acquisition by Condemnation. With respect to any portion of the property
• necessary for the Transportation Projects that is not acquired by negotiated purchase, donation,
option, easement or lease, the District may condemn such portion of the property for the
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• Transportation Projects in the name of the State of Missouri in accordance with the TDD Act
only upon receipt of approval by the Missouri Department of Transportation. If such consent
cannot be obtained, City will exercise its power of eminent domain with funds provided by the
District.
ARTICLE IV.
CONSTRUCTION,MAINTENANCE AND
USE OF THE TRANSPORTATION PROJECTS
Section 4.1 Plans and Specifications. The District shall develop the plans and
specifications for the Transportation Projects. The District shall promptly provide copies of all
plans and specifications to the City for its approval prior to construction.
Section 4.2 District to Construct the Transportation Project. The District shall
construct the Transportation Projects in accordance with this Agreement.
Section 4.3 Construction Contracts; Insurance. All construction contracts exceeding
$5,000 shall be competitively bid as required by the Act. Prior to the commencement of
construction of the Transportation Projects, the District shall obtain or shall require that any such
contractor obtain the following: (a) performance, labor and material payment bonds for the
Transportation Projects as may be required by law or code; (b) workers' compensation insurance
with statutorily required coverage; (c) comprehensive general liability insurance (including
operations, operations of subcontractors, completed operations and contractual liability
insurance) together with an owner's contractor's policy, with limits against bodily injury and
property damage of not less than Two Million Dollars ($2,000,000) for each occurrence (to
accomplish the above required limits, an umbrella excess liability policy may be used); and (d)
builder's risk insurance, written on the so-called"Builder's Risk- Completed Value Basis,"in an
amount equal to one hundred percent (100%) of the insurable value of the Transportation
Projects at the date of completion, and with coverage available in non-reporting form on the so-
called"all risk" form of policy.
Upon written request of the City, the District shall deliver or ensure that any such
contractor delivers to the City evidence of such bonds and insurance prior to commencement of
construction of the Transportation Projects. The District shall ensure that the bonds and
insurance so required are maintained by the District or any such contractor for the duration of the
construction of the Transportation Projects. The City shall be named as an "additional insured"
with respect to such insurance policies. In the event of any casualty affecting the Transportation
Projects, the City and the District agree to cause any insurance proceeds to be used, to the extent
necessary, to rebuild or restore the damaged improvements. The District shall comply or ensure
that any such contractor complies with any requirements of prevailing wage laws or other code
provisions applicable to the Transportation Projects.
Section 4.4 Construction Management. Except as otherwise expressly provided
herein, the District shall have discretion and control, free from interference, interruption or
• disturbance, in all matters relating to the management, development, redevelopment and
construction of the Transportation Projects, provided that the same shall, in any event, conform
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• to and comply with the terms and conditions of this Agreement, and all applicable state and local
laws, ordinances and regulations (including, without limitation, applicable zoning, subdivision,
building and fire codes), subject to any variances and other governmental approvals.
Section 4.5 Review and Inspection. The District shall keep the City reasonably
informed or cause any such contractor to keep the City reasonably informed as to the progress of
the construction and development of the Transportation Projects. The District shall, upon written
request of the City, allow or ensure that any such contractor allows the City and its employees,
agents and representatives to inspect, upon request, all architectural, engineering, demolition,
construction and other contracts and documents pertaining to the construction of the
Transportation Projects. The City shall make such inspections as it would normally make on any
project to be dedicated to the City.
Section 4.6 Transportation Project Scope; Modifications. During the progress of the
Transportation Projects, the District may make such reasonable changes, including without
limitation, modification of the construction schedule, modification of the areas in which the
Transportation Projects are to be performed or on which the Transportation Projects are to be
situated, expansion or deletion of items, revisions to the locations and configurations of
improvements, revisions to the areas and scope of the Transportation Projects, and any and all
such other changes as site conditions or orderly development may dictate; provided, however,
that: (a) any such modifications shall comply with applicable law and code, subject to any
variances and other governmental approvals; (b) the District shall obtain prior approval of the
City of any modification of the plans and specifications relating to the portion of the
Transportation Projects of which the City will become the owner; and (c) the District shall notify
the City of any material modification of the plans and specifications of the Transportation
Projects, and in the event of such a material modification shall obtain prior approval of the City
prior to commencing construction of such material modification. The District agrees that it will
amend the projects to include a connection to Frog Hollow Road as shown on Exhibit D.
Section 4.7 Dedication of Public Improvements to City. Upon completion of all or a
functional portion of the Transportation Projects or as soon thereafter as permitted by the Act
and any covenants contained in any obligations issued and outstanding, the District shall dedicate
to the City the Transportation Projects (maintenance of which shall be assumed by the City upon
completion) in accordance with the ordinances and regulations of the City. The City shall
cooperate in causing the County, the State of Missouri, or other appropriate public entity to
accept dedication of those other portions of the Transportation Projects intended for dedication to
such other public entities.
ARTICLE V.
TRANSPORTATION PROJECTS FINANCING
Section 5.1 District to Advance Costs. The District agrees to advance all
Transportation Project Costs as necessary to acquire right-of-way and construct the
Transportation Projects.
• Section 5.2 Interim Financing. It is anticipated that the TDD Administrative Costs and
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the Transportation Project Costs will be financed with funds provided by the Owner or related
parties (the "Lender"). The District shall reimburse the Lender for such costs, including any costs
of formation and maintenance of the District.
Section 5.3 TDD Obligations. The District may issue TDD Obligations in a principal
amount sufficient to fund all or a part of the cost of the Transportation Projects, as determined by
the District in its sole discretion. Such obligations may be secured by the TDD Sales Tax and
special assessments.
Section 5.4 Repayment of TDD Obligations. TDD Obligations issued under this
section shall not constitute a debt or liability of the State of Missouri or any agency or political
subdivision of the State and shall so state on their face. Nothing herein shall prevent the credit
enhancement of the Obligations by the owners of property within the district or others.
Section 5.5 TDD Sales Tax. The District may impose a sales tax not to exceed one
percent (1.0%) of retail sales and special assessments on the property within the District pursuant
to the Act. The District shall impose no other tax, assessment, toll or charge whatsoever without
the written consent of the City. The City agrees to collect the TDD Sales Tax on all taxable sales
occurring within the District pursuant to the Act and to disperse the revenues from the tax to the
District on a monthly basis. The City shall retain a collection fee of one per cent [1.0%] of all tax
revenues so collected. All TDD Revenues shall be deposited into a special trust account to be
established in accordance with this Agreement and the TDD Act. The District shall not repeal or
• amend the sales tax until all TDD Obligations are satisfied in full and canceled.
ARTICLE VI.
GENERAL PROVISIONS
Section 6.1 Successors and Assigns. This Agreement shall be binding on and shall
inure to the benefit of the parties named herein and their respective heirs, administrators,
executors, personal representatives, successors and assigns.
Section 6.2 Remedies. Except as otherwise provided in this Agreement and subject to the
District's and the City's respective rights of termination hereof, in the event of any default in or
breach of any term or condition of this Agreement by either party, or any successor, the
defaulting or breaching party (or successor) shall, upon written notice from the other party (or
successor), proceed immediately to cure or remedy such default or breach, and, shall, in any
event, within thirty(30) days after receipt of notice, commence to cure or remedy such default. if
such cure or remedy is not taken or not diligently pursued, or the default or breach is not cured or
remedied within a reasonable time, the aggrieved party may institute such proceedings as may be
necessary or desirable in its opinion to cure and remedy such default or breach, including without
limitation proceedings for injunctive relief or proceedings to compel specific performance by the
defaulting or breaching party, provided that such legal proceedings shall only affect property as
to which such default or breach exists and shall not affect any other rights established in
connection with this Agreement or any other property within the District which has been or is
being developed or used in accordance with the provisions of this Agreement.
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Section 6.3 Force Majeure and Other Extensions of Time for Performance. Neither
the City nor the District nor any successor in interest shall be considered in breach or default of
their respective obligations under this Agreement, and times for performance of obligations
hereunder shall be extended, in the event of any delay caused by force majeure, including,
without limitation, for purposes of this Agreement, legal proceedings (including, but not limited
to, condemnation or eminent domain proceedings), orders 'of any kind of any court or
governmental body, strikes, lockouts, labor disputes, labor shortages, riots, acts of God,
epidemics, landslides, lightning, earthquake, fire or other casualties, breakage, explosions,
storms, washouts, droughts, tornadoes, cyclones, floods, adverse weather conditions, unusually
wet soil conditions, war, invasion or acts of a public enemy, serious accidents, arrests, failure of
utilities, governmental restrictions or priorities, issuance of any permits and/or legal
authorization by a necessary governmental entity, shortage or delay in shipment of material or
fuel, any court order or judgment resulting from any litigation affecting the validity of this
Agreement, the designation of the District or the TDD Obligations, or any of the ordinances or
resolutions approving the same, or other like causes beyond the responsible party's reasonable
control. The party claiming any extension caused by force majeure shall, within thirty (30) days
after the event of force majeure, notify the other party in writing of the occurrence of such event
and shall have the burden of proof in establishing such cause.
Section 6.4 Notices. Any notice, demand, or other communication required by this
Agreement to be given to either party hereto to the other shall be in writing and shall be
sufficiently given or delivered if dispatched by certified United States first class mail, postage
• prepaid, or delivered personally to:
District:
Mike Farmer
221 Bolivar, Suite 401
Jefferson City, Missouri 65109
with a copy to:
Duane Schriemann
Suite 130
2316 St. Mary's Boulevard
Jefferson City, Missouri 65109
And
Michael T. White
Suite 300
4510 Belleview
Kansas City, Missouri 64111
•
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• City
City Attorney
City of Jefferson City
320 East McCarthy Street
Jefferson City, Missouri 65101
with a copy to:
City Administrator
City of Jefferson City
320 East McCarthy Street
Jefferson City, Missouri 65101
or to such other address with respect to either party as that party may, from time to time,
designate in writing and forward to the other as provided in this paragraph.
Section 6.5 Choice of Law. This Agreement shall be taken and deemed to have been
fully executed, made by the parties in, and governed by the laws of the State of Missouri for all
purposes and intents.
Section 6.6 Entire Agreement; Amendment. This Agreement constitutes the entire
• agreement between the parties and no other agreements or representations other than those
contained in this Agreement have been made by the parties. This Agreement shall be amended
only in writing and effective when signed by the authorized representatives of both parties.
Section 6.7 Counterparts. This Agreement may be executed in multiple counterparts,
each of which shall constitute one and the same instrument.
Section 6.8 Severability. If any term or provision of this Agreement is held to be
unenforceable by a court of competent jurisdiction, the remainder shall continue in full force and
effect, to the extent the remainder can be given effect without the invalid provision.
Section 6.9 Representatives Not Personally Liable. No official, agent, employee, or
representative of the City shall be personally liable to the District, and no official, agent,
employee, or representative of the District shall be personally liable to the City, in the event of
default or breach by any party under this Agreement, or for any amount which may become due
to any party or on any obligations under the terms of this Agreement.
Section 6.10 Mutual Assistance. The parties agree to take such actions, including the
execution and delivery of such documents, instruments, petitions and certifications supplemental
hereto, and the obtaining of grants of access to and easements over public property as may be
necessary or appropriate to carry out the terms, provisions and intent of this Agreement and
which do not impair the rights of the affected party as such rights exist under this Agreement,
• and to aid and assist each other in carrying out said terms, provisions and intent; provided that
nothing herein shall be construed to obligate the City, acting as a party hereto, to grant municipal
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• permits or other approvals it would not otherwise be obligated to grant, acting as a political
subdivision or in its capacity as the local transportation authority, absent this Agreement.
Section 6.11 Rules of Interpretation. Words of the masculine gender shall be deemed
and construed to include correlative words of the feminine and neuter genders. Unless the
context indicates otherwise, words importing the singular number shall include the plural and
vice versa, and words importing persons shall include firms, associations and corporations,
including public bodies, as well as natural persons. All references in this Agreement to
designated "Articles," "Sections" and other subdivisions are, unless otherwise specified, to the
designated Articles, Sections and subdivisions of this instrument as originally executed.
ARTICLE VII.
MISCELLANEOUS
Section 7.1 Release and Indemnification. Neither the City nor the District shall be
liable to the other for damages or otherwise in the event that this Agreement is declared invalid
or unconstitutional in whole or in part by the final judgment of any court of competent
jurisdiction, and by reason thereof either the City or the District is prevented from performing
any of the covenants and agreements herein. All covenants, stipulations, promises, agreements
and obligations of the City and the District shall be deemed to be the covenants, stipulations,
promises, agreements and obligations of the City and the District and not of any of their
governing body members, officers, agents, servants or employees in their individual capacities.
• No elected or appointed official, employee or representative of the City or the District shall be
personally liable to the other party in the event of a default or breach by any party under this
Agreement or for any amount on any TDD Obligations which may become due to any party
under the terms of this Agreement and nothing herein shall constitute a waiver of official or
governmental immunity.
Section 7.2 Additional Covenants of the District. The District shall maintain its
existence until all TDD Obligations have been paid in full, at which time the District shall
dissolve and the TDD Sales Tax shall no longer be levied. The District shall keep accurate
records of revenues received and costs incurred, and such records shall be open to inspection by
the City at all reasonable times.
ARTICLE VIII.
TERM
Section 8.1 Term of Agreement. This Agreement, and all of the rights and obligations
of the parties hereunder, shall terminate and become null and void upon the completion of the
Transportation Projects, payment of all Transportation Project Costs and all TDD Obligations
issued in connection with the Transportation Projects, and dedication and transfer of ownership
and control of the Transportation Projects to the City and, as applicable, to the County pursuant
to contract; or dissolution of the District pursuant to R.S.Mo. § 238.275.
•
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• IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by
their respective officers or officials.
t�
Executed by the District the S day of Fe b r u a r , 2007.
THE STONE RIDGE TRANSPORTATION
DEVELOPMENT IS ICT
By:
Name:
��,° °5}0 ale • :z?
e SEAL o Title: 'E y e c u-k�%j e Dr;r e c to r
(Seal)
�G`'°oeaaooa®®oa���
Attest:
-IPO�JAAI „
Secretary
• STATE OF MISSOURI )
COUNTY OF COLE )
On this-.29-+t._day of Pe r u ar y , 2007, before me, a Notary Public in and for said state,
personally appeared /'-t,c 1A 4 e l K. V:a r v-e r who acknowledged to be the Executive
Director of the Stone Ridge Transportation Development District, and that, being authorized so
to do, executed the foregoing instrument for the purposes therein contained by signing the name
of said Transportation Development District.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year last above written.
Notary Public
(Seal)
DUANE E. SCHREIMANN
Notary Public, State of Missouri
'* - •= Cole County
My commission expires: sFA�:' ; Commission#05452803
��.,,��ion .•'�, MY Commlubn hplfes AP4123,2009
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Executed by the City the day of � "' L , 2007.
•
THE CITY OF JEFFERSON CITY,
OU
By: /
LA XCl cc�eky—
Title: Q( D
(Seal)
Attest: Ap 'oed as to orm:
Y
rty Cle Administrator Ci '� o'dnselor
STATE OF MISSOURI )
• ) ss.
COUNTY OF COLE )
On this c .3 day of 1 , 2007, before me, a Notary Public in and for said
state, personally appeared L w e r who acknowledged to be the "
of the City of Jefferson City, Missouri, and that, being authorized so to
do, executed the foregoing instrument for the purposes therein contained by signing the name of
said City.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year last above written.
Not Public
" NOTARY SEAL"
(Seal) Melva M. Fast, Notary Public
Cole County,State of Missouri
My Commission Expires 6/12/2010
y commission expires: Commission Number 06432840
•
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• Exhibits set forth in the text.
A. Legal Description of District
B. Map of the Improvements
C. Narrative Description of Projects
D. Drawing of Additional Projects
•
•
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I
EXHIBIT A LEGAL DESCRIPTION
Part of the Southeast Quarter of the Northeast Quarter of Section 10; and part of the Southwest
Quarter of the Northwest Quarter of Section 11, all in Township 44 North, Range 12 West, in the
City of Jefferson, Cole County, Missouri, more particularly described as follows:
BEGINNING at the Southeast Corner of the Southeast Quarter of the Northeast Quarter of
Section 10, Township 44 North, Range 12 West; thence S 83°11'25"W, along the Quarter
Section Line 447.42 feet; thence leaving the aforesaid Quarter Section Line N 05°28'37"W,
668.14 feet; thence Northwesterly on a curve to the left,having a radius of 560.00 feet, an arc
length of 175.30 feet, (the chord of said curve being N 14 126'42"W, 174.59 feet)to the
Southeasterly corner of a tract of land described in Book 520, Page 301, Cole County Recorders
office; thence Northwesterly along the Easterly line of the aforesaid tract described in Book 520,
Page 301, on a curve to the left, having a radius of 560.00 feet, an arc length of 70.90 feet, (the
chord of said curve being N 27°02'24"W, 70.85 feet); thence N 30 040'01"W,
60.12 feet to the Northeasterly corner of the aforesaid tract described in Book 520, Page 301;
thence N 30°40'01"W, 12.03 feet; thence N 29°13'52"W, 32.08 feet to the South Right of Way
Line of South Ten Mile Drive; thence Easterly along the South Right of Way line of South Ten
Mile Drive, and continuing along the South Right of Way Line of Business Route 50 (Missouri
Blvd.), the following courses: N 45 002'27" E, 148.36 feet; thence Northeasterly on a curve to
the right, having a radius of 656.20 feet, an arc length of 216.60 feet, (the chord of said curve
being N 54°29'49"E, 215.61 feet); thence S 86°57 '46" E, 41.41 feet; thence N 12°52'52" E,
45.12 feet; thence Easterly on a curve to the right,having a radius of 2261.83 feet, an arc length
of 126.89 feet, (the chord of said curve being N 77 111'56" E, 126.87 feet); thence N 85°37'33"
E, 152.40 feet; thence S 35°04'04" E, 60.13 feet to the Northwest corner of Outlot I of Wal-Mart
Supercenter Development Subdivision, recorded in Plat Book 11, Page 437, Cole County
Recorders Office; thence leaving the aforesaid South Right of Way Line of Business Route 50
(Missouri Blvd.), along the Western boundary of the aforesaid Outlot 1, S 05°36'53" E, 246.43
feet to the Southwest corner of the aforesaid Outlot I, and said corner being on the Northern
boundary of a tract of land described in Book 415, Page 510, Cole County Recorders Office;
thence N 85 045'00" E, along the common boundary of the aforesaid Outlot I and the aforesaid
tract described in Book 415, Page 510, 275.16 feet to the Southwest corner of the aforesaid
Outlot I, and the Northwest Corner of the aforesaid tract described in Book 415, Page 520;
thence leaving the Southern boundary of the aforesaid Outlot I, and continuing along the
boundary of the aforesaid tract described in Book 415, Page 510 the following courses: S
05 036'53" E, 954.11 feet to a point on the South line of the Northwest Quarter of the aforesaid
Section 11; thence S 85°53'59"W, along the Quarter Section Line, 395.19 feet to the POINT OF
BEGINNING. Containing 22.12 acres.
{31483/63531; 157465.} 2/22/2007 MTW 14
EXHIBIT B PROJECT DRAWING
50
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TDD LAND AREA = 22.12 ACRES
rc LAND OWNERS:
n. LAND INVESTMENTS. L.L.C. - 22.12 ACRES
L inch ffi200 PEEP
luo 900 4W
(& pfitu aee.
E EXHIBIT B
Central 5lissouri Prolesslanal Services, inc. `"' •u "� 5go*RIDGE TWI5PORTAM OEVELMEW Ofsma
ckcw4w ce-wMtrt-wn MLS Mom an a:. a.m cur •.as too fIOC►MRr
rnrw+Gh,farm 1 t amxsax an,WRDJ% 1-77-143
•
{31483/63531; 157465.} 2/22/2007 MTW 15
I -
• EXHIBIT C NARRATIVE PROJECT DESCRIPTION
The proposed district would construct a major collector roadway, approximately 2400
feet in length, south from Missouri Blvd. as Phase I: of the overall development of the
entire 200 acre+/- site. improvements would include asphalt or portland cement concrete
pavement, concrete curb and gutter, related storm water inlets and piping, storm water
detention and discharge, and utility relocations. The roadway would be four (4) lanes
with a landscaped median and separate left or right turn lanes as required. Street lighting,
sidewalks, pavement marking, and signing will also be constructed along the proposed
roadway.
The project will also construct a traffic signal at the intersection.of.Missouri Blvd.
and the collector roadway. This will be a traffic actuated signal requiring the addition of
lanes and widening on :Missouri Blvd. The project will also include a realignment of
South Ten Mile Drive with the collector roadway.
Estimated Cost of Proposed Transportation Projects
February 14,2007
Missouri Boulevard Improvements (See attached Exhibit C-1) $71.2,340.00
Stoneridge Parkwav improvements (See attached Exhibit C-2) $2,350,792.00
• South Ten Mile Drive Improvements (See attached Exhibit C-3) $43,650.00
ESTIMATED PROJECT TOTAL 53,106,782.00
i
•
16
r
EXHIBIT C-1
PRELIMINARY CONSTRUCTION ESTIMATE 2114/2007 12:49
STONERIDGE VILLAGE RETAIL CENTER
MOCAP PROPERTIES, L.L.C.
MISSOURI BLVD. IMPROVEMENTS
ITEM DESCRIPTION UNIT A PRYOX. UNIT PRICE AMOUNT
OEMc�-F� _ �'^c-�. 11 ,�`�'"`�`'
HWOF�IC ra aI t 1 '3� ° tl iy� £*3 t a3 s
�r`?s..t:: u.�rya.,u��,�����3��..:.i#�, $ ,i'n:k.u....�u.G}..t�.ta.»..�r.�.s hod. : .:� �t>3��,.,�1.w..a..»w.....,,�:k3��Y ate'
Excavation-Dirt CY 2010 $3.00 $6,030.00
Excavation-Rock CY 940 $9.00 58,460.00
Embankment CY 350 $1.00 $350.00 $14,840.00
�r'A.`rl�I V�`RS..�'�`.�k 't��wu-^�s«.`''�ts.:.a.a.il• � �L ....) a..+�'��� 4�`' v....a.sil A..EiF.ev.+.':_.'G`' :'.:. 5�`h.:. 't
4"Type 5 Aggr. Base SY� 2772 $5.00 $13,860.00
1 3/4"Asphalt Pavment Ton 181 $50.00 $9,050.00
9 1/4"Asphalt Base Ton 1083 $50.00 $54,150.00
Type A Curb &Gutter LF 924 $30.00 $27,720.00
Concrete Median/Islands SY 155 $75.00 $11,625.00
Paved Approach SY 260 $55.00 $14,300.00 $130,705.00
T "* L "Ia
�. xF
€,ao,.+a..r'..u,i.,....'.
Type A Guardrail LF 450 $20.00 $9,000.00
5'Sidewalk(4"thick) SY 339 $30.00 $10,170.00
4'Ornamental Fence LF 500 $40.00 $20,000.00
Retaining Wall SF 11025 $25.00 $275,625.00
• Traffic Signal/Lighting LS 1 $175,000.00 $175,000.00
Highway Signing LS 1 S5,000.00 $5,000.00
Pavement Marking LS 1 55,000.00 $5,000.00
Traffic Control LS 1 $5,000.00 $5,000.00 $504,795.00
('r
�U ILITIES Next t q �Q
Electric $0.00
Gas $0.00
Telephone $0.00
12"Waterline LF 675 $80.00 $54,000.00
Fireh drantsNaIves EA 2 $4,000.00 $8,000.00 $62,000.00
TOTAL $712,340.00
•
I6-1
EXHIBIT- C-2
• PRELIMINARY CONSTRUCTION ESTIMATE 2/141200715:30
STONERIDGE VILLAGE RETAIL CENTER
MOCAP PROPERTIES, L.L.C.
STONERIDGE PARKWAY IMPROVEMENTS
ITEM DESCRIPTION UNIT APPROX. UNIT PRICE AMOUNT
QTY.
ARTFi r s sr
W OR K r�
t e ,
Excavation CY 72000 $6.00 $432,000.00
Embankment CY 12000 $1.00 $12,000.00 $444,000.00
,..w:�5 i�;�...:�i,3:,,L.:.su3d.;L..::., .., sa m:�.a.,.},us...?�w °•'rnmz� w:.. �'i�z=.t«.._ ,.1.,..'_,.1.......1.x,.....- ...7„G�^._ 'La:k.S.:ir .*C:�'
4”Type 5 Aggr. Base SY 8933 $5.00 $44,665.00
10"Asphalt Pavement SY 7692 $33.25 $255,759.00
Type A Curb&Gutter LF 3860 $25.00 $96,500.00
Paved Approach SY 535 $55.00 $29,425.00 $426,349.00
MISCEL Al NED_US �'tr— .s. t:^* � T— ~�"}
T.
e- .zui..,... .i.`€.....N r. "'+�..- re i .0 c. s u[r MEra`:K :c»!.:.Y"... dlx"1+t1;%;
Type A Guardrail LF 707 $20.00 $14,140.00
Crashworthy End Terminals EA 3 $2,500.00 $7,500.00
5'Sidewalk(4"thick) SY 580 $40.00 $23,200.00
10'Sidewalk(6"thick) SY 1150 $80.00 $92,000.00
4'Ornamental Fence LF 480 $40.00 $19,200.00
Retaining Wall SF 5703 $25.00 $142,575.00
Storm Drainage Inlets EA 8 $2,000.00 $16,000.00
• 15"RCP LF 407 $20.00 $8,140.00
18"RCP LF 180 $25.00 $4,500.00
24"RCP LF 330 $30.00 $9,900.00
Street Lighting LS 1 $50,000.00 $50,000.00
Pavement Marking LS 1 $3,000.00 $3,000.00
Landscaping LS 1 $60,000.00 $60,000.00
Erosion Control LS 1 $5,000.00 $5,000.00 $455,155.00
I ITIES . l: 1 °.' �'�
. ... :k;">•r.9s.+ ....:z.:z», ,:, r. ......,.a_._.,. -.......:__�..,::=snc. ,1i�.,.,L: ,._._ t....l. i.. .3c. *z°� - i� .Ss4 `I
Electric est est $33,000.00
Gas est est $33,000.00
Telephone est est $33,000.00
12"Waterline LF 1100 $80.00 covered
FirehydrantsNalves EA 4 $4,000.00 $16,000.00 $115,000.00
SF 113,786 $8.00 $ 910,288.00
S 910,288.00
TOTAL $2,350,792.00
•
16-2
• EXHIBIT C-3
PRELIMINARY CONSTRUCTION ESTIMATE 2/14/2007 12:49
STONERIDGE VILLAGE RETAIL CENTER
MOCAP PROPERTIES, L.L.C.
SOUTH TEN MILE DRIVE IMPROVEMENTS
ITEM DESCRIPTION UNIT APPROX. UNIT PRICE AMOUNT
QTY.
EARTHWORkC Lallik
T,
L2
W, 44"'."--'v
Excavation CY 1500 $6.00 $9,000.00
Embankment CY 200 $1.00 $200.00 $9,200.00
L KA—Vj—?1tW-
�.S ;I
tK7
4'Sidewalk(4"thick) SY 105 $30.00 $3,150.00
5 1/2"Black Base
1 1/2"Brade"C" SY 760 $50.00 $25,270.00
Type A Curb& Gutter LF 402 $15.00 $6,030.00
Paved Approach SY 0 $0.00 $0.00 $34,450.00
TOTAL $43,
•
16-3
............ -
EXHIBIT D ADDITIONAL PROJECTS
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(31483 63531; 157465.) 2/22/2007 MTW 17