HomeMy WebLinkAboutR-2012-132 Consent to Lease with Horizons Industrial I RESOLUTION R-2012-132
A RESOLUTION AUTHORIZING THE EXECUTION AND DELIVERY OF A CONSENT TO
LEASE BETWEEN THE CITY OF RIVERSIDE, MISSOURI, HORI20NS INDUSTRIAL I, LLC
AND MARLEN INTERNATIONAL, INC AND AUTHORIZING OTHER ACTIONS IN
CONNECTION THEREWITH.
WHEREAS, pursuant to a Lease Agreement dated April 1, 2012 between the City of
Riverside ("City") and Horizons Industrial I, LLC ("Horizons"), hereinafter referred to as the
"Prime Lease", the City leased to Horizons the property located at 4780 NW 41 Street,
Riverside, Missouri (the "Property") and having the following legal description:
All of Lot 4, Riverside Horizons East First Plat, a subdivision in Riverside, Platte County,
Missouri; and
WHEREAS, pursuant to a certain Standard Commercial Lease between Horizons and
Marlen International, Inc. (the "TenanY'), Horizons leased to Tenant a portion of the Property
(the "Sublease"); and
WHEREAS, as contemplated by Section 13.1(b) of the Prime Lease, the parties desire
to enter into this Consent to Lease; and
WHEREAS, the Board of Aldermen find it to be in the best interest of the City and to
othervvise further the objectives of economic development within the City to enter into the Consent
to Lease as set forth herein;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE
CITY OF RIVERSIDE, MISSOURI, AS FOLLOWS:
THAT the Consent to Lease between the City, Horizons and Tenant is hereby approved
in substantially the form attached as Exhibit A and the Mayor is hereby authorized to enter into,
execute and deliver and the City Clerk is hereby authorized to attest, such document with such
changes therein as shall be approved by the o�cials executing such document, such official's
signature thereon being conclusive evidence of such official's approval and the City's approval
thereof.
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 ADOPT�D b the Board of Alderme and APPROVED by the Mayor of the
City of Riversjde, Missouri, th �eo�� day of 012.
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�TTEST: Ka leen L. Rose, Mayor
�'�C.J�iU�����
Robin Littr�ll, ity Clerk Ap as to Form:
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N c o ps , y Attorney
RESOLUTION R-2012-132
EXHIBIT A
Consent to Lease
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CONSENT TO LEASE
This CoNSEx'r To LEase is entered into by the City of Riverside, Missouri (the "City"),
Horiwns Industrial I, LLC ("Horizons") and Mazlen Intemational, Inc. (the "TenanY') as of the
��` day of September, 2012.
WHeREns, pursuant to a certain Lease Agreement, dated April 1, 2012, between the City
and Horizons (the "Prime Lease"), the Ciry leased to Horizons the property located at 4780 NW
41 Street, Riverside, MO 64150 (the "Property") and having the following legal description:
All of Lot 4, Riverside Horizons East First Plat, a subdivision in Riverside, Platte
County, Missouri, according to the recorded plat thereof, recorded March 9, 2012,
as Document No. 2012003467, in Plat Book 21 at Page 10.
WHEREAS, pursuant to a certain Standazd Commercial Lease between Horizons and
"Tenant (the "Sublease"), Horizons ]eased to Tenant a portion oFthe Property; and
WxEttEns, as contemplated by Section 13.1(b) of the Prime Lease, the parties desire to
enter into this Consent to Lease;
Now, THe2EFORE, in consideration of the promises and covenants contained herein, and
other good and valuable consideration, the receipt and adequacy of which is hereby
acknowledged, the parties agree as follows:
1. The City hereby consents to the Sublease.
2. Horizons acknowledges that the Sublease shall not release or dischazge Horizons
from its primazy liability for the payment of Basic Rent and Additional Rent under the Prime
Lease and the performance of each and all of the covenants and agreements contained in the
Prime Lease.
3. In the event that the Prime Lease, and the leasehold estate of Horizons created
thereunder, is terminated by the City by summary proceedings or otherwise in accordance with
the terms of the Prime Lease, then such termination shall not result in a termination of the Lease
and the Lease shall continue in full force and effect on the same terms and conditions as set forth
in the Lease as a direct lease between the City and the Tenant, with the same force and effect as
if the City had originally entered in the Lease as landlord thereunder, and Tenant shall not be
named or joined in any action to terminate the Prime Lease or to recover possession of the
Leased Premises, for so long as no Event of Default shall then be occurring under the terms of
the Lease on behalf of the Tenant.
[SIGNATURE PAGES FOLLOW]
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LANDLOItll:
HORIZONS INDUSTRIAL I, LLC,
a Delaware limited liability company
By: THE NORTH WESTERN MUTUAL L1FE INSURANCE COMPANY,
a Wisconsin corporation, a Member
By: NORTHWESTERN MUTUAL REAL ESTATE INVESTMENTS, LLC,
a Delawaze limited liability company
Its: Wholly-owned Affiliate and Authorized Representative �
B ��--��' �c
Thomas D. Z�.le
Printed Name:
Its: Managing Director
By: NORTHPOINT HOLDINGS, LLC,
a Missouri limited liabiliry company, a Member
By:
Nathaniel Hage , anager
TENANT:
MARLEN INTERNATIONAL, INC.
a Delawaze corporation
B ����
Printed Name: �t.r2k'�. l/ • ��'
Its: ( id.zEF rSR�R/�GT�L ��FIGt,�
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CITY:
CITY OF RIVERSIDE, MISSOURI
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By:
Kathy Rose, Mayor
ATTEST:', 'r
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Robin Litttell, �ity Clerk
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