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Home My Public Portal AboutORD14080 BILL NO. 2006-46 SPONSORED BY COUNCILMAN Martin ORDINANCE NO. 1 40 SD AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A DEVELOPMENT AGREEMENT WITH ROGER AND IRMA VERSLUES FOR THE GREEN MEADOW PUMP STATION SITE. 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 and Irma Verslues for the Green Meadow Pump Station Site. 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:a4 L4� �I, 4ga)k Approv Jam esiding Officer Mayor CAATTEST: M97RM: V--- -City Clerk City Counselor o� lyc8c3 Development Agreement between The City of Jefferson and Roger and Irma Verslues THIS AGREEMENT(hereinafter"Agreement") entered into this., day of V-1, 20L1 by and between the City o0efferson,Missouri,320 East McCarty,Jefferson City Mis ouri, 65101, a municipal corporation, hereinafter referred to as "City," and , husband and wife,hereinafter referred to as the"Developer." kWJCIr F. (44 TI-M j. ✓6r6 LV.5 • 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 WHEREAS,the City desires to acquire an easement right for the construction and use of a sanitary sewer pump station on property owned by the Developer; and WHEREAS,the City desires to acquire an easement right for the construction and use of a sanitary sewer trunk line on property owned by the Developer; and WHEREAS,the City desires to acquire an easement right for the construction and use of an access road providing access to the proposed sanitary sewer pump station owned by the developer; and, WHEREAS,the Developer is the owner of certain land as described in the attached Exhibit A. • 1 • NOW THEREFORE, in consideration of the mutual promises and covenants hereinafter set forth,and othergood and valuable consideration,the City and Developer do hereby covenant and agree as follows: 1. DEVELOPER OBLIGATIONS Developer agrees to: a. Execute an easement for the pump station site prescribed by a separate plan. b. Execute sanitary sewer easements,in a form acceptable to the City, for installation, access,and maintenance of sewer mains and a relocated water main for Public Water Supply District#2. C. Execute a roadway and ingress and egress easement for the construction and use of an access road providing access to the proposed sanitary sewer pump station owned by the developer in a form acceptable to the City. d. Execute flood plain and conditional use permits,in forms acceptable to the City. The City will remain responsible for pump station compliance with the flood plain and • conditional use permits,as well as all applicable City,State,and Federal regulations. 2. CITY OBLIGATIONS The City will a. Improve the existing gravel access road as such improvements are indicated on Sheet C14 and C 15 of drawings entitled"Green Meadow Pump Station"dated August 2005 by Jacobs, Inc. b. Maintain the gravel access road sufficient to accommodate City truck equipment for the life of the pump station. Should the pump station be abandoned in the future in accordance with part g.,the City's obligation for road maintenance shall cease. At no time is the City under any obligation to upgrade the existing gravel access road from a gravel surface. C. Establish electric service at the pump station and allow Developer access to this electric source, provided that Developer provides and utilizes a separate meter to access this electric service and maintains responsibility for all costs associated with the installation and maintenance of said meter, as well as all monies owed for any electric service provided through said meter. City will provide and install a 200 A, 120/208 volt, single-phase step-down transformer. All such work to be completed • 2 • substantially in accordance with the plans attached hereto as Exhibit B. d. Landscape the southern edge of the pump station site with enough trees to sufficiently conceal southern edge of the pump station and the bioxide tank from an outside view of the southern side of the pump station. All such work to be completed substantially in accordance with the plans attached hereto as Exhibit B. e. Provide a final grade to the gravel access road and pump station site to prevent runoff onto Developer's existing storage building site from the gravel access road and pump station site. Should the pump station be abandoned in the future in accordance with part g.,the City's obligation to maintain the grade of the gravel access road and pump station site shall cease. All such work to be completed substantially in accordance with the plans attached hereto as Exhibit B. f. Pay all costs associated with the generation and recording of any easement associated with this development. g. Should the City abandon the pump station in the future,the City will restore the site by removing above ground structures to two feet below existing grade,filling below ground structures, and restoring the surface with topsoil and prairie grass. The City will remove all below grade lines and manholes. The City shall indicate its intent to abandon the pump station site by mailing a notice to Developer in accordance with • Section 8 of this agreement. The pump station site will be deemed abandoned 30 days from the date of the notice to abandon. The City will restore the ste in accordance with this subsection within 30 days of the date of the notice of abandonment. It. Place any excess fill from excavation at the northeast corner of lot 4, the River's Edge Estates. i. Compensate the Developer for the easement in the amount of Thirteen Thousand Two Hundred Fifty and no/100 Dollars($13,250.00). 3. General Provisions: a. All elements ofthe development and infrastructure shall complywith theordinances, regulations,and standards of the City of Jefferson. The Plat titled The River's Edge Estates has been approved by 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 • 3 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. Within thirty(30)days after the execution of this agreement City shall cause this agreement to be recorded in the office of the Cole County Recorder of Deeds. 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 816 Nelson Drive,Jefferson City, Missouri, 65101, or to such other addresses as either party may in writing hereafter indicate. 4 9. INDEMNIFICATION • The City shall save and hold the Developer harmless from and against all liability,damage, loss,claims,demands and actions of any nature whatsoever which arise out ofor are connected with, or are claimed to arise out of or be connected with,any maintenance and/or construction done by the Cityor its agents,servants,subcontractors or employees,or which arise out ofor are connected with, or which are claimed to arise out of or be connected with any accident or occurrence which happens or is alleged to have happened,in or about the sanitary sewer pump station,trunk line,or the access road. IN WITNESS WHEREOF,the parties have hereto set their hands and seals the last date written above. CITY OF JEFFERSON OWNERS John ehr Roge erslues,Owner M or Title: F. • 9-7-oa IrmaVerifues Owner ATTEST: ATTEST: 9 ity erk Secretary AFFR AS TAI ORM: City Counselor • • C:Loimnd6wM'uk4oYuVAY DOamaiu�Dnsbpesi Apemw upend 17.11 �.rpd C BENCHMARK JC 17 EL E97.72 I . 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V I ACCESS R D / / ---..�L�_:.r........... ...SHEET PILNG;"SEE- J rOV 4 PLCS) " I. ----------------• E 1735�ry>325 NOTE 1 �� pr (SEE-SHE€ 'C=14)----------- ( __Lr� /V ✓' �1 l ----- ------------ 2 - 31 WIDE �N 98236 .17, FENCE CORNER (IYP.) \ { ! \ ( SWING �YATES \ 1 1 E 1735126.25 N 982395.67, E 1735128.25 I \ I � 1 \ j.. 1I151 FROm 15 W1 f:" f• i , /n h ? i NEW 12" MOREAU 1 E NEW4l" GREEN FORCE MAIN ME A H NEW 24" MOREAU SEWER \\ - � ' DINE ) MIT I • \ TREES 701 • ! ( GTR. 5R!GIdG��\ I..- TEMPORARY SHEET PILING SI IALL UE r • • `DESIGNED AND INSTALLED BY 11TE CONIRACTOR. r yy • SEWECIFICATION SECTION 02180. /4 • P L A nitRE ,t �. Zr �i✓ � fcE-u+,w �NU-$C APB I +;� r i , IYIOCVL OFNEN(11! { ! g Ra poll I I DWOUm fham CINH,t lypovK Sdid11M S,d E Y I ISSUED FOR OD - �sr,,, �I�LN MEADOW BUMP "" „1 Nm EN p ra; naou sr zODS 2 !08 REISSUED FOR BID Ti '�T IA T I C1►N . CIVIL .K. YAIIIN � - J.J.VANKEUJANN NEW GREEN MEADOW PUMP STATION u�.m t r dJ.VANKCl1AANN ' ! T ---- il , w;„;, ” CITY OF JEFF MISSOURI ' SITE LOCATION AND�ADINGOLAN PAMAIIIAl � �W1111'. � tom^•• � .�� g C-.13 JACODl3 CIVIL' INC.'