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Home My Public Portal AboutORD13969 • BILL NO. 2005-100 SPONSORED BY COUNCILMAN Martin ORDINANCE NO. J .3q 6 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYORAND CITY CLERKTO EXECUTE A DEVELOPMENT AGREEMENT WITH RBR, LLC. 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 RBR, LLC. Section 2. The Development 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 passagye�and approval. • Passed: / /� �, o�Z��J/ Approved: siding Officer Mayor ATTEST: APPR D AS T ORM: AltyCle Cl y Counselor • I'�°IIQq Development Agreement • between The City of Jefferson and RBR, LLC THIS AGREEMENT(hereinafter"Agreement") entered into this )4dayof W,- 2005 by and between the City of Jefferson, Missouri, 320 East McCarty, Jefferson City Missouri, 65101,a municipal corporation,hereinafter referred to as"City,"and RBR,LLC,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 Developer and the City desire to enter an agreement by which to facilitate the orderly development of the property; and WHEREAS,the City and Developer have entered into a series of meetings and negotiations in order to advance their mutual interest; and • WHEREAS, it is in the Developer's best interest that the City maintain and operate a sanitary sewer collection system; 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 Developer agrees to: a. Provide to the City, sanitary sewer easements for sanitary sewer mains for installation, access, and maintenance. b. Conveyto the City part of Lot H a prescribed pump station site as located on the final plat of the Legacy Subdivision. • 1 e: 2. CITY OBLIGATIONS • The City will a. install a sanitary sewer interceptor from West Renns Lake to the Highway 54 Pump Station. Provide capped wye connections for lots E, F, & G, and I through 10 for easy connection per City standards. b. Accept pump station site by conveyance of deed. City shall bear costs of recording such deed. C. Provide common drive for access to the Braun Property on the pump station site, including the creek crossing as detailed in the drawings "Dalton Drive Street Plan and Profile"by Central Missouri Professional Services (CMPS), Maintenance for the common driveway is to be outlined in a separate agreement. Use of common driveway by Developer will not be pennitted until a fully executed agreement has been received by the City. d. Fence site and driveway so that traffic may access the Braun property. C. Provide small-scale samples and mortar that will comprise the exterior walls of the pump station for selection by the Developer. Developer must make a selection and reply to the City within 14 calendar days. Roof and doors will match the selected masonry color. Developer must approve all construction, No structure over fifteen • feet from ground elevation except for the radio telemetry tower. f. Provide and install a fence around the pump station that protects the station from vandalism and is nesthclicallyacceptablc to the Developer, Material and installation cost not-to-exceed $10,037. g. Accept and maintain platted sanitary sewers located on City properly or easement or which have been dedicated to the City and accepted, 3. General Provisions: a. All elements ofthedevclopmcnt and infrastructure shall complywiththeordinances, regulations and standards of the County of Cole, The Plat titled The Legacy Subdivision - U.S. Highway 54 South of Rena's Lake will be approved by the County of Cole. b. The parties acknowledge and agree that 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 City set forth herein, • 2 • C. This agrecincritshall not be binding on either party until aflcr the agreement has been approved by passage of an ordinance by the City Council and the signature of the Mayor has been affixed. d. Developer and City will execute an irrevocable consent of annexation attached to or separate from this agreement for connecting to the accepted City sanitary servers. 4. CONTINUATION OF OBLIGATIONS. a. Unless the assignecs or successors of Developer shall expressly assume in writing the obl igations,or any part thereof,of this Agreement,the Developer herein shall remain personallybound bythe covenants herein even though Developer may no longer own any property adjacent to or abutting said Property. 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 successorowns. The promises and covenants herein shall run with the Property and shall be construed as real covenants running with the land. S. MODIFICATION OF AGREEMENT. • This Agreement shall not be modified or amended except by a written instrument approved and signed by the parties hereto. G. 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. • 3 1 � 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 13418 Redfield Dr., Eugene Mo 65032 or to such other addresses as either party may in writing hereafter indicate. IN WITNESS WHEREOF,the parties have hereto set their hands and seals the last date written above, CITY OF JEFFERSON RBR, LLC John L ehr Mayo Title: /'%.rte•��2 ATTEST: ATTEST: (?443a� • City Cf6rk cretary APP OV D AS ORM: City Counsel r • C"Dorm AWA SOWgV omu My UafW %I1i hwwy$4 MSUway&wa CaUmian4.M Wa).wpl