HomeMy WebLinkAbout2008-005 IDA Resolution Second Addendum Development Agreement BK PropertiesRESOLUTION 2008-005
A RESOLUTION APPROVING THE SECOND ADDENDUM TO THE PURCHASE
AND DEVELOPMENT AGREEMENT BETWEEN THE CITY OF RIVERSIDE,
MISSOURI, THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF
RIVERSIDE, MISSOURI, AND BK PROPERTIES, L.L.C., AND APPROVING
ACTIONS RELATING THERETO.
WHEREAS, the City of Riverside, Missouri, The Industrial Development Authority of
the City of Riverside, Missouri (the "Authority") and BK Properties, L.L.C., entered into that
certain Purchase and Development Agreement dated March 4, 2008 (such agreement, as
amended by the First Addendum, the "Agreement"); and
WHEREAS, under the Agreement, the North Property Closing Date was to occur no
later than August 1, 2008; and
WHEREAS, the parties desire to extend the North Property Closing Date to no later than
September 1, 2008; and
NOW, THEREFORE, be it resolved by the Board of Directors of The Industrial
Development Authority of the City of Riverside, Missouri, as follows:
Section 1. The Authority shall enter into a second addendum to the Agreement extending; the
North Property Closing Date to no later than September 1, 2008 (the "Second Addendum").
Section 2. The execution and delivery of the Second .Addendum, in substantially the form
attached hereto, is approved and the President and Vice-President are authorized to execute: the
Second Addendum, with such changes as the person executing the Second Addendum shall
approve, execution of such document being conclusive proof of such approval and the President,
Vice-President, Secretary, Assistant Secretary, the Authority legal counsel and other officers of
the Authority are authorized to take such other actions reasonably necessary to carry out. the
intent of this Resolution on behalf of the Authority.
Section 3. This Resolution shall be in full force and effect from and after its passage and
approval.
Passed and approved this day of
Attest:
~,~~
Jane Henry, Secre ry
SECOND ADDENDUM
TO
PURCHASE AND DEVELOPMENT AGREEMENT
THIS SECOND ADDENDUM to the Purchase and Development Agreement is made as
of August 5, 2008 between the City of Riverside, Missouri (the "City"), The Industrial
Development Authority of the City of Riverside, Missouri (the "Authority"), and BK Properties,
L.L.C. (the "Developer").
WHEREAS, the City, the Authority and the Developer entered into that certain Purchase
and Development Agreement dated March 4, 2008 and that certain First Addendum dated as of
March 4, 2008 (such agreement, as amended by the First Addendum, the "Agreement"); and
WHEREAS, all capitalized terms used but not otherwise defined herein shall have the
meanings ascribed to them in the Agreement; and
WHEREAS, under the Agreement, the North Property Closing Date was to occur no
later than August 1, 2008; and
WHEREAS, the parties desire to extend the North Property Closing Date to no later than
September 1, 2008; and
NOW, THEREFORE, in consideration of the premises set forth herein and other good
and valuable consideration, the parties agree as follows:
Section 1. The North Property Closing Date set forth in Section 3.13(a) of the
Agreement is extended from no later than August 1, 2008 to no later than September 1, 2008.
All references in the Agreement to the North Property Closing Date shall mean that date th~it is
no later than September 1, 2008.
Section 2. The Agreement, as supplemented hereby, shall remain in full force and
effect.
Section 3. This Addendum may be executed in multiple counterparts, each of which
shall constitute one and the same instrument.
IN WITNESS WHEREOF, the City, the Authority and the Developer have caused this
Second Addendum to be executed in their respective names as of the date first above written.
"CITY"
By:
(SEAL)
Attest:
Louise Rusick, City Clerk
STATE OF MISSOURI )
SS.
COUNTY OF PLATTE )
CITY OF RIVERSIDE, MISSOURI
Kathleen L. Rose, Mayor
On this 5`~' day of August, 2008, before me appeared Kathleen L. Rose, to me personally
known, who, being by me duly sworn, did say that she is the Mayor of the CITY OF
RIVERSIDE, MISSOURI, a political subdivision of the State of Missouri, and that the seal
affixed to the foregoing instrument is the seal of said City, and said instrument was signed and
sealed in behalf of said City by authority of its Board of Aldermen, and said individual
acknowledged said instrument to be the free act and deed of said City.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal
in the County and State aforesaid, the day and year first above written.
My Commission Expires:
Notary Public
2
IN WITNESS WHEREOF, the City, the Authority and the Developer have caused this
Second Addendum to be executed in their respective names as of the date first above written.
"AUTHORITY"
THE INDUSTRIAL DEVELOPMENT
AUTHORITY OF THE CITY OF
RIVERSIDE, MISSOURI
By:
Wayne Snyder, President
(SEAL)
Attest:
Jane Henry, Secretary
STATE OF MISSOURI
COUNTY OF PLATTE
SS.
On this day of August, 2008, before me appeared Wayne Snyder, to me personally
known, who, being by me duly sworn, did say that he is the President of THE INDUSTRIAL
DEVELOPMENT AUTHORITY OF THE CITY OF RIVERSIDE, MISSOURI, an industrial
development authority organized pursuant to Chapter 349, RSMo., and that the seal affixed to
the foregoing instrument is the seal of said Authority, and said instrument was signed and sealed
in behalf of said Authority by authority of its Board of Directors, and said individual
acknowledged said instrument to be the free act and deed of said City.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal
in the County and State aforesaid, the day and year first above written.
My Commission Expires:
Notary Public
3
IN WITNESS WHEREOF, the City, the Authority and the Developer have caused this
Second Addendum to be executed in their respective names as of the date first above written.
"DEVELOPER" BK PROPERTIES, LLC, a Missouri limited
liability company
By:
Kenneth G. Block, Managing Member
STATE OF MISSOURI )
SS.
COUNTY OF )
On this day of , 2008, before me appeared Kenneth G.
Block, to me personally known, who, being by me duly sworn, did say that he is the sole
managing member of BK Properties, LLC, a Missouri limited liability company, and that he is
authorized to sign the instrument on behalf of said limited liability company by authority of its
sole member/manager, and acknowledged to me that he executed the within instrument as said
company's free act and deed.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official sea_1
in the and State aforesaid, the day and year first above written.
Notary Public
My Commission Expires:
4