Loading...
HomeMy WebLinkAboutR-2012-109 Purchase of Horizons Industrial II from IDA RESOLUTION NO. 2072-709 A RESOLUTION AUTHORIZING THE PURCHASE OF LOT 1 RIVERSIDE HORIZONS EAST FIRST PLAT FROM THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF RIVERSIDE, MISSOURI; AUTHORIZING AND DIRECTING THE IDA TO TRANSFER AND SELL SUCH PROPERTY TO THE CITY; AND AUTHORIZING OTHER DOCUMENTS AND ACTIONS RELATED THERETO (HORIZONS INDUSTRIAL II) WHEREAS, The Industrial Development Authority of the City of Riverside, Missouri (the "IDA ") issued its Industrial Development Revenue Bonds (Riverside, Horizons Infrastructure Project - City of Riverside, Missouri), Series 2007 in the principal amount of $40,265,000 (the "Bonds"); and WHEREAS, the City, the IDA, and UMB Bank, N.A.; entered into that certain Financing and Cooperation Agreement dated as of May 1, 2007 relating to the Bonds (the "Financing AgreemenY'); and WHEREAS, the Financing Agreement requires that the IDA, upon direction of the City, transfer and sell the Mortgaged Property, as defined in the Financing Agreement, in whole or in part, in one or more transactions; and WHEREAS, the City and Briarcliff Realty, LLC entered into that certain Master Development Agreement (the "MDA") on May 10, 2011 which provides for the terms and conditions upon which Briarcliff Realty may purchase a portion of the Mortgaged Property from the City; and WHEREAS, Briarcliff Realty assigned its rights and obligations under the MDA to Briarcliff Horizons, LLC, an affiliated entity of Briarcliff Realty pursuant to Section 12.5(b) of the MDA; and WHEREAS, on or about February 13, 2012 Briarcliff Horizons, LLC filed articles of amendment with the Missouri Secretary of State changing its name to Riverside Horizons, LLC; and WHEREAS, on or about July 18, 2012 Riverside Horizons, LLC provided the City with a Closing Notice pursuant to Section 7.5(a) of the MDA stating its notice of intent to purchase certain property in the Briarcliff Horizons Site in order to construct a project on portion of the Mortgaged Property, a copy of which is attached hereto as Exhibit A(the "Closing Notice"); and WHEREAS, the project is anticipated to contribute towards increased activity and revenues under the L-385 Levee Redevelopment Plan, as amended (the "TIF Plan"), and other economic development within the City; and WHEREAS, the City finds that it is necessary and in the best interests of the City, in order to further the objectives of the TIF Plan and the objectives of industrial and economic development for the City, to authorize sale of the Sale Property as provided herein for the sum of $.50 per square foot; and WHEREAS, in order to accommodate the project, the City desires to authorize and direct the IDA to sell a certain portion of the Mortgaged Property, the legal description of which is described on Exhibit B(the "Sale Property") to the City pursuant to the Special Warranty Deed, the form of which is attached as Exhibit C; and RESOLUTION NO. 2072-709 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI, AS FOILOWS: THAT the Board of Aldermen hereby find and determine that it is in the best interest of the City, in order to further the objectives of the TIF Plan, the objectives of industrial and economic development of the City, and the terms and conditions of the MDA that the IDA sell the Sale Property to the City; FURTHER THAT the purchase of the Sale Property by the City from the IDA at the price of $.50 per square foot is hereby approved. There are 422,261 square feet within the Sale Property making the purchase price of the Sale Property $211,130.50 (the "Sale Price"); FURTHER THAT the City Finance Officer is authorized and directed to pay to UMB Bank N.A., Trustee of the Bonds, the amount of $211,130.50 for the Sale Property, which funds shall be deposited by the Trustee into the Special Redemption Account; FURTHER THAT the IDA is directed to enter into and execute the Special Warranty Deed attached hereto as Exhibit C in favor of the City; FURTHER THAT the City shall, and the o�cers, agents, and employees of the City are hereby authorized and directed to, take such further action and execute and deliver such documents and instruments as may be necessary or desirable to carry out and comply with the intent of this Resolution; FURTHER THAT this Resolution shall be in full force and effect from and after its passage and approval. PASSED AND ADOPTED�the Board Aldermen and APPROVED by the Mayor of the City of Riverside, Missouri, the � day of _l� U , 2012. °,. K hleen L. Rose, Mayor ATTEST`. �L,:.__ �.�> Rotiin Littr�ell, ity Clerk , Approved to Form: hom on, City Attorney RESOLUTION NO. 2012-109 EXHIBIT B LEGAL DESCRIPTION OF PROPERTY All of Lot 1 OF RIVERSIDE HORIZONS EAST FIRST PLAT, a subdivision in the City of Riverside, Platte County, Missouri, subject to all easements and restrictions of record. y� Recarded in Platle County, Missouri Recordinq DatelTime: 08/1012012 at 09:24 AM Instr Number. 2012011751 ,��' EA OF '- � Po ' • ° F .- ,` o. Book:1195 Page:555 ,� '-`�w= Type: TRWD ;�: :j; Pa9es: 2 =� •._ : o Fee: 527.�0 S ' � F �ouNT'1 � \yy � ,``` III�IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII OF THE CIT... � Gloria'Boyer, Grantee: RIVERSIDE MO CITY OF Recorder ol Deeds Retum Recorded Document to: City of Riverside Atin: Sarah Wagner 2950 NW Vivion Rd Riverside, MO 64150 Grantor: The Industnal Development Authority of the City of Riverside, Missouri 2950 NW Vivion Road, Riverside, MO 64750 Grentee: . I The City of Riverside, Missouri V 2950 NW Vivion Road, Riverside, MO 64150 SPECIAL WARRANTY DEED THIS INDENTURE is made as of �,��5� q�`� , 2012 by The INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY F RIVERSIDE, MISSOURI, a public corporation organized and existing under the laws of the State of Missouri, as grantor ("Granto�'), with a mailing address of 2950 NW Vivion Road, Riverside, Missouri 64150 to CITY OF RIVERSIDE, MISSOURI, a fourth class city organized and existing under the laws of the state of Missouri, as grantee ("Grantee"), with mailing address of 2950 NW Vivion Road, Riverside, Missouri 64150. WITNESSETH: THAT GRANTOR, in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other valuable consideration to it in hand paid by Grantee (the receipt of which is hereby acknowledged) does by these presents, BARGAIN and SELL, CONVEY and CONFIRM unto Grantee, its successors and assigns, the lots, tracts or parcels of land, lying, being and situate in the County of Platte and State of Missouri as described as follows: All of Lot 1,Riverside Horizons East First Plat, a subdivision in the City of Riverside, Platte County, Missouri, subject to all easements and restrictions of record TO HAVE AND TO HOLD the premises aforesaid, with all and singular the rights privileges, appurtenances and immunities thereto belonging or in anywise appertaining unto Grantee and unto its successors and assigns forever, Grantor hereby covenanting that it is lawfully seized of an indefeasible estate in fee of the premises herein conveyed; that it has good right to convey the same; that said premises are free and clear from any encumbrance (except 8.=,.� E: 1 1�S F'a �� .? SS-� as referenced above) done or suffered by it; and that it will warrant and defend the title to said premises unto Grantee and unto its successors and assigns forever, against the lawFul claims and demands of all persons whomsoever claiming under it except as above stated. IN WITNESS WHEREOF, Grantor has caused these presents to be signed as of the day and year first above written. THE INDUSTRIAL DEVELOPMENT AUTHORITY OF TH�eiTY�OF RIVE �IDE, MISSOURI � By: � �� amela J. rata, President ATTEST: By: arah Wagner, Secreta�r ACKNOWLEDGEMENT STATE OF MISSOURI ) ) SS COUNTY OF PLATTE ) ON THIS ��ay of , 2012, before me, the undersigned, a Notary Public in and for said Coun nd state, personally appeared Pamela J. Darata, to me personally known, who being by me duly sworn, did say that she is the President of The Industrial Development Authority of the City of Riverside, Missouri, a public corporation duly organized and existing under the laws of the state of Missouri, and that the seal affixed to the foregoing instrument is the seal of said Authority, and that said instrument was signed and sealed in behalf of said Authority by free act and deed of said Authority. WITNESS my hand and official seal in the County and State aforesaid, the day and year first above written. G� �����PN 1 W A GNF �����i / .°� N �:j�F'iib� � : � ary Public gnature Seal � 5P'o�s �o'•. r '� � � _ :� #11277��- ��.� wG�'�f� =� = Printed orTyped Na e � �� b My Commissi \� Expir '� / s/ q Foo � �ry � � C��missionlExP��eg,� RESOLUTION NO. 2012-109 EXHIBIT C FORM OF SPECIAL WARRANTY DEED IDA TO CITY THIS INDENTURE is made as of , 2012 by The INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF RIVERSIDE, MISSOURI, a public corporation organized and existing under the laws of the State of Missouri, as grantor ("Grantor'), with a mailing address of 2950 NW Vivion Road, Riverside, Missouri 64150 to the CITY OF RIVERSIDE, MISSOURI, a fourth class municipality organized and existing under the laws of the state of Missouri, as grantee ("Grantee"), with mailing address of 2950 NW Vivion Road, Riverside, Missouri 64150. WITNESSETH: THAT GRANTOR, in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other valuable consideration to it in hand paid by Grantee (the receipt of which is hereby acknowledged) does by these presents, BARGAIN and SELL, CONVEY and CONFIRM unto Grantee, its successors and assigns, the lots, tracts or parcels of land, lying, being and situate in the County of Platte and State of Missouri as described as follows: All of Lot 1 of RIVERSIDE HORIZONS EAST FIRST PLAT, a subdivision in the City of Riverside, Platte County, Missouri, subject to all easements and restrictions of record. TO HAVE AND TO HOLD the premises aforesaid, with all and singular the rights privileges, appurtenances and immunities thereto belonging or in anywise appertaining unto Grantee and unto its successors and assigns forever, Grantor hereby covenanting that it is lawfully seized of an indefeasible estate in fee of the premises herein conveyed; that it has good right to convey the same; that said premises are free and clear from any encumbrance (except as referenced above) done or suffered by it; and that it will warrant and defend the title to said premises unto Grantee and unto its successors and assigns forever, against the lawful claims and demands of all persons whomsoever claiming under it except as above stated. IN WITNESS WHEREOF, Grantor has caused these presents to be signed as of the day and year first above written. THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF RIVERSIDE, MISSOURI By: Pamela J. Darata, President [SEAL] ATTEST: By: Secretary RESOLUTION NO. 2012-109 ACKNOWLEDGEMENT STATE OF MISSOURI ) )SS COUNTY OF PLATTE ) ON THIS _day of , 2012, before me, the undersigned, a Notary Public in and for said County and state, personally appeared Pamela J. Darata to me personally known, who being by me duly sworn, did say that she is the President of The Industrial Development Authority of the City of Riverside, Missouri, a public corporation duly organized and existing under the laws of the state of Missouri, and that the seal affixed to the foregoing instrument is the seal of said Authority, and that said instrument was signed and sealed in behalf of said Authority by free act and deed of said Authority. WITNESS my hand and official seal in the County and State aforesaid, the day and year first above written. Notary Public Signature (Seal) Printed or Typed Name My Commission Expires: .�pne! Plet o/ :�n+�.= ' Riverside Horizons East First Plat = '^ e subdivirion ia 16e SouN I/2 SecG'on 5 eod !de Nortb t/2 NYacBorsel Section B, � �� � Tamship 50 Nar[h Reqqe 33 IIes4 City o/ Rlvsrsidd P/ette Caunty, IG'ssau�i O� . � . .. . .�°"..��_�,...�. ....:..�n^�,�.,....,.��,n O< :i ��w� N,�°:.°-r�v ?�.,�`,�—�;� � m .�,w: :�-,� � �,-� i3 •— .�.:�"s�- =^.�,. ._`., ....... 2e °::.? =" _.::.�,%M...=..?`�:s:: �:��...`.:.°�s�.�:;F: w^�'-�^``;^ S i� �" �'"'�' �+.,:..a? � d,..�. � + a' ..w.:L'„�.°^+� ��: T:ti e ° ":"� .....::'L'�.�J e2':.� ..:"�i: °'::-"�"...��.. _... �.,..,...d,�_..n _._....�".r.:..a:=::%a;ti,.. �,s�.. �..,,.�..._..__,�,�._ ,...,.. .�,.,....a.,.._.,......,.....__,__,.�....,,.._w..»....,e.._.. ,.., w. .m...,....,�,..�,,, ,,,,, ,,,,,,,,..m,w..., . ,,,.�n� ��,r ',....�,,.�.w....y..,.,.._.,.....>^m ' �,`�.,�_a,_..,.,...m.._�..,..r _�..��;_„ ,..�.m.....,..m..,.....a....d..,..........,..v.,.._ •�•��� �u� � � �'°�� . �..-..+....��. wa ..�.�ss,u..�.�..�.e � 3 � i °`^.....°..t.�..."..' "".'.�..'^. ' e.r•':.� ^+a.�.a.r..,..»..e....o................a..r...a.nuu+..... �'°.�'.:" � . �...� I —........w.......a� .�.�....wa. ........-.... ti w ..m.....w........... ..�..ar.� ..� .................�.............�:`o.w:-..`�,.,..w.w......... I , I I .>w+ ' - °- ...........�.....� .�.. .�,.._ _._ e._.�. ,�.,�....�. �� _..11 w... w.,�.,a_,p 1- I ' a. s.K...... �,�..,,w.,._�,,..,._..�...._�. ! � . .. ».._.....e....._. ::�,w,...,�;.�:`w. x::.°°^:.:„ ..>..,...,.,,�,AV.».>o,_.n.m....m....,.. � I .,..m, d....,.�, . ..,. �� , , �..., , -�, _..�� -� ,.�..a..m.,,,� ro ,�.,.�.,�,....�.�.,...� ..............m...,.....4..,...r.,....a � ...,m_.,.a.� '�.:.�..�....�.,.._.�.._..._::.,<,..�... .__.. I .�a..P�._. .�.�.-�..,.�.. ,...�m... �i. r+� ..e..,...�...w..m as.. sw,.....e... b � Se..ms...u..w��d�.� �••v�r.m.av..err�r,..��.—w..e.vww.�....an.w�+r+n...w.a1. ✓w. � r ��•w��r+mw.w-�m..w..nr.�..aae..r�u� ^ �wn.uww..n`.mri..ra.c� r �jf � ......_..,__.....o..�,q........-....,.,......_...�..m = 6�'' I # .w... w.esw.+w �4.... - .enu.rmv.s.+n.wsaww.sw..�..��."� m:.iWn' � .h. ..�.m.».....m..o...»..... R e U,..�....d....,e�. A Y ar�rza�sm� 1 n w�rt i w.. urve..mawewwn�++wr.�ea.mma..s..waw.�...rraa.a+�.ano..ma..swe..uua.ir..<x+uw �' - ..,.e�.,.,,.....,.�....e...�.....a..m.. ..............«., g j ... .,_.._.._.. a a 46 3 p �� v.•oc..cn��......,�u.0 miz m.n� e.....�...�.«....+....u,d.tir+w..� � �- S A S mranmw Y ]� m ua.��n.s � A4 nrt � � = wwmwaa+vw.wwvaM+ �u a� = 9 £ rc n�-ni-uu ` ' SXE 3 .... f5ae! Plet o/ � �„a,�, �-° Riverside Horizons East First Plat . � subdiviaion in the South t/2 Sectlon 5 md the NorN !/2 . Z f i � \' � .�}ecb'one! S Boo B, To�n.sbip 50 Narth, N ; O! i � n,,. \° i� �"°�'°�• / Reoge 99 MesC CitY of.Plvenide, � u , I a �� Plette Caunty, .Visrouri , H o �i I 1 $3 .n.�,... `� /•"+°• �. ' Ji ai f " .�,. O i .,.,..... '`°�e i '� ' � _ . �»«. � ..mm. �. �.�. e.r,�:•^..�..,-.,- � � �d � � �, � � � E� � ..u�... .... .,,.r c � �o'aye °�,�" I tj :.:�r�. �. � a..rm. � $y _R ao a„ y. � ..... a..i+w. �� 6 J � �' a....m ir� .,c�++ g. �I ��'M �.e..w.... � t� � -E I � I :1: ena:+y. A�a I I m.0 -as_ ..w etlW�A ip �li 6 \`� CI�N i ,. µ� # $ � � � a � � A.., v� � { . '�. � �'�� i a.�....+ � ,. � � � s � i I / �'� ..,�..�. xEa� .. m ., / ,ler , c ��� � }-- �_ — ' _ - - '° "" "'�,' `•s[ , :,z.�,�.r I � �� � s.,,. — � 3 _ — — _ - ' �,"• _ — _ ' „�"`_ _ - - t.,,. LL _ ' _ _ — _ — _ �...v. ,,,,. '. r v� i: �.w�. . �t ' ^� �q � � .W.«. ` �'Na ) � n....n er i� y ...m > +�an . � ! ,...� . � . �d. „°.,� I I A u,. _,.,. a �3• � , , �.....�� . Y � x+�o . m. � .. � 1 � �ti� t � . s/ d ! a Ye �y $ ( I� ? li�. ....'�� : k i � ,., "�K ; ffj ? f �� �� � �� c.� rmv. .,aa.an fB �I �' ' �� �, n m ,e,.�n �. „ 'h, "`TS � ,: , y i " _ ...x 3� ...�.m u , y - �� F �L .. "'"' I . ry . Fe_ i �� £ . , < ] �o . .� , i e / F /\ . <.,,a / \!\ :,"+u \ I a � S � - A �3 au's4 i k $ nNpr�n� �.�i y�p .ri.m `M, »`� i �� �'� / b A �; _ H u�v i tg .. �� ." A , � , I w„�s� g ; I xf �..,,. �,..., .:... .:�.. ..... . .. _ �.,...... .....:,., a�� _ � 9 ..... xm+va '� � ..... � � + i� �� .h, �� �� .m. . s � ¢g I �r.n.rri � u�w+M a..� ._... �I•nr.a. � • . ¢ � � � I 1. � x ,��. j � $ ..,..,. tl � � _ �' �a A b I y� �WaiM . 'QI�wM^ aw�s�W r.sue`uw�imyFr gs . I pp F ,. � Sid � ...�..-.+ „sk i � ,°.'w..^ �...,,.+.... 2I� � �.� �,. z �.n ..,e P ° �' I '4 .�,.�':.'. � e' �.a..�...r,.�-,.., � og I. �. .. . •aw �wrm � bs.�n..+.v � 3�; �� �nxs •. m wa n^°'°r^-i°'° e'^ SXEET �d 2 d 3 ���^� �' fpnelP/elof � y ��� . � Riverside Horizons East Frrst Plat -" °'.. e subdivivion in Ltre SouFd t/2 Sec4'on 5 ead Ne NorN !/2 Z. � �' - nn p F}ecGone/ SecGon B, To�orbip 50 Nor[h, penge 33 Mes4 City o/.0'rersidq N O! I --,..� ym4n, ..-�. P/atle CountY. � � o I .e.a an _ .��. j _ .� I _ J < ° � — l� r, O A� , _ , ._.� I ..nn.,.. y J..� MV �� ` � `'- �\,� � � 0�� � � ��� �." "�.;; ' ae„ I ' %, w" , - �`'•�...� I i �.. m.,.,.. .,.,.�. �_�. •_._, `<„� "°^.�. "w � �=_� ...�, � �,� � � �. � � �\ i��� m �� o �....,_ ;i' �.... ' \\���� � I ====�r�= - - �_- - _��_����-____ -- � \ �� �i �:r A� p , „ ,.. � _ �..aan -- � � ]ii I .�m ., �� T �+„� �°^ � .,.. �?� �^,� ,� �m::m ..,' J\ � r�e�6 i �,.�a:,y.� �wr " :. II � a� f r � �� — _—___ —'___'_ � � ,`, __ '_—__ ..> � ° � ", " x � � � �� � I I � � u+M � nn� - ) ����b � � � � � � aam�tn su An ` i �:. , AY � �.r. � 8[ll _ $ , _, .��, � g 4 1 I , S _� r: � F ll I ��I ¢ � I� I ` � �Bel � . �I i � i � 1 I� I �,,`�,, ,�;,;.. .,..:�;�. l� �, a € j� i' I � �� �� " ........ i' � FQ- i R � I� .. I ..�.,.n `��\ 3 I , ��. ;/,�, v � %/ � i Y= ' /- µl � � ,{ � �..a.'.r. / n.. � 'a � ,�..a.a.., ' _..,J � .,m��"' �S-( %� .,e. ��arw � ' �>w�.�w ."� �.« g E �j j �u,.o. I duua ••• „•�� � .. al.u. � `. �± F.v...' � �� Sx � W � A .. .r.n m °�• � \ � P p 2 � ���...<. • �• / � � � ' � / � .rn � � va'e.,n � A� ��i.n �� Y 1 1� r 1 I m' �"�� na ` � w u` � � � � 0.�Y 6 F J. �` �.i �.,, R '� .. 1¢ ,g%r'� cl t _,,,, ..P. . o v a �kr, � �., � � �.�� —� � � ,, _ � � r , w. ,�- �,,. . ,�. ,� � � �...,. �� . ` � � �, m� � . � = , �_ �=- - � :�� . m �� �a ' v . ,,,, _ _.... �.. ..m ' ��E� 3 IX 3 RIVERSIDE HORIZONS, LLC 6300 N. RevEne Darve, SUtre 225 KANSAS CITY, MISSOURI 641 S I July 18, 2012 VIA FACSIMILE(816)946-8349. VIA FACSIMILE(816)74fi-8349. HAND DELIVERY AND US MA[L HAND DELNERY AND US MAIL City of Riverside City af Riverside City Hall City Hall 2950 NW Vivian Road 2950 NW Vivian Road Riverside, Missouri 64150 Riverside, Missouri 64150 Attn: City Administrator Attn: City Attorney Re: Notice of Intent to Purchase Certain Property in the Briarcliff Horizons Site, Specifically, Lot 1, Riverside Horizons East Fitst Plat Ladies and Gentlemen: The City of Riverside, Missouri (the "City") and Briarcliff Realty, LLC (now known as BR NorthPoint, LLC) entered into that certain Master Development Agreement (the "MDA") on May l0, 2011. Thereafter, with the City's consent, BR NorthPoint, LLC assigned i[s rights and obligations under the MDA to Briarcliff Horizons, LLC, which changed i[s name with the Missouri Secretary of State on February 24, 2012 to Riverside Horizons, LLC (the "Developer"), an affiliated entity of BR NorthPoint, LLC. The MDA provides the Developer with certain vested rights to purchase, Crom time to time, all or a portion of the property within the area of land delineated by the MDA known as the "Briarcliff Horizons Site." The Developer now desires to purchase, pursuant to the terms and conditions contained in the MDA, all of Lot 1 in Riverside Horizons East First Plat as depicted and described on the enclosed Final Plat prepared by Olsson Associates recorded March 9, 2012 with the Platte County, Missouri Recorder of Deeds as Instrument No. 2012003467 in Book 21 at Page ] 0(the "Property"). The Purchase Price for the Property shall be $211,130.00, which is based upon the MDA's purchase price of $0.50 per square foot and the Property's measured square footage of 422,261 square feet as set forth in the Final Plat. Therefore, pursuant to Section 7.5(a) of the MDA, [he Developer hereby provides the City with the required thirty (30) day prior written notice of the Developer's intent to purchase the property described and depicted on Exhibit A hereto on September 6, 2012. The developing pazty will be Horizons Indushial II, LLC, a Delaware limited liability company and joint venture behveen BR NodhPoint, LLC and The Northwestern Mutual Life Insurance Company. Should you have any questions regarding this notice, please contact the undersigned at your earliest opportunity. Thank you. RIVERS[DE HORIZONS, LLC G_-...-" BY: �'i Nathaniel Hagedo nager Enclosure: Final Plat, Riverside Horizons East First Plat �P:/DOCS/1893/004MORIZN00649496;1 �