HomeMy WebLinkAbout1196 Fourth Amendment to MDA Paving & Tree PlacementBILL NO. 2013 -019 ORDINANCE NO. 119 �
AN ORDINANCE AUTHORIZING AND APPROVING THE CITY TO ENTER INTO A
FOURTH AMENDMENT TO THE MASTER DEVELOPMENT AGREEMENT FOR
THE DEVELOPMENT OF THE BRIARCLIFF HORIZONS SITE AND LIMITING
FUNDS FOR PUBLIC INFRASTRUCTURE RELATED TO THE HORIZONS
INDUSTRIAL II PROJECT AND FURTHER AMENDING ORDINANCE 1162 TO
APPROVE THE PLACEMENT OF CERTAIN TREES
WHEREAS, the Board of Aldermen passed and approved Ordinance 1181, an Ordinance
authorizing additional funds of no more than Seven Hundred Thousand Dollars ($700,000.00) to
be expended for public infrastructure costs for Horizons Industrial II — Paving & Landscape
Project; and
WHEREAS, the Board authorized the Mayor, the City Administrator, City Attorney and
Special Counsel to the City as well as other appropriate officials and employees of the City to
execute the Third Amendment to the Master Development Agreement and to take such further
action related thereto as is otherwise necessary or desirable to carry out and comply with the
intent of Ordinance 1181; and
WHEREAS, the City Administrator, Special Counsel to the City, appropriate employees
of the City and NorthPoint Development LLC ( "Developer ") agree that further amendments are
necessary so as to limit expenditures within the amount authorized; and
WHEREAS, the Exhibit C of the MDA included a general description of the Phase I
Infrastructure Improvements and Section 5.2 of the MDA requires the Developer to present, and
receive the approval of the City for the Infrastructure Construction Plans for each Infrastructure
Phase; and
WHEREAS, or about the 22 day of January 2013, the City of Riverside approved by
and through the approval and passage of Ordinance No. 1181 to enter into an Agreement with
the Developer, to amend Exhibit C -1 of the MDA to add up to Seven Hundred Thousand Dollars
($700,000.00) in public infrastructure costs for the Horizons Industrial II Paving and Landscape
Project; and
WHEREAS, the staff of the City of Riverside and the Developer, have agreed upon
specifications to limit the proposed public infrastructure to only paving, so as to limit the amount
of funds authorized for the Project to which the City is obligated to pay for the Project to Six
Hundred Sixty Thousand Dollars ($660,000); and
WHEREAS, the City of Riverside the Developer desire to further amend Exhibit C -1 of
the MDA, and to further submit to the Board of Aldermen for approval the specifications for said
Infrastructure Improvements estimated to cost the City no more than Six Hundred Sixty
Thousand Dollars ($660,000); and
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WHEREAS, the City wishes to approve the detailed specifications for Horizons
Industrial II — Paving Project attached hereto as Exhibit C -la -c to Exhibit A; and
WHEREAS, the Board of Aldermen passed and approved Ordinance 1162, thereby
approving the amended detailed landscape signage and obelisk specifications for the Phase I
Infrastructure Improvements; and
WHEREAS, the Board authorized the Mayor, the City Administrator, City Attorney and
Special Counsel to the City as well as other appropriate officials and employees of the City to
execute the Third Amendment to the Master Development Agreement and to take such further
action related thereto as is otherwise necessary or desirable to carry out and comply with the
intent of Ordinance 1162; and
WHEREAS, the City staff and Developer desire to modify the placement of certain trees
so that they are planted between the swale and the vertical improvements instead of between the
swale and the street.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF
THE CITY OF RIVERSIDE, MISSOURI AS FOLLOWS:
SECTION 1. BEST INTEREST OF THE CITY. It is in the best interest of the City,
in order to further the objectives of industrial and economic development of the City, to enter
into the FOURTH AMENDMENT TO MASTER DEVELOPMENT AGREEMENT, attached
hereto as Exhibit A and incorporated herein, with Riverside Horizons LLC, and to fiuher amend
the specifications of Ordinance 1162 to modify the placement of certain trees so that they are
planted between the Swale and the vertical improvements instead of between the swale and the
street.
SECTION 2. APPROVAL OF SPECIFICATIONS. It is in the best interest of the
City, in order to further the objectives of industrial and economic development of the City, to
approve the Specifications of the Horizons Industrial II — Paving Project ( "Specifications ")
attached to Exhibit A as Exhibit C -1a, and said Specifications are hereby approved.
SECTION 3. AUTHORITY GRANTED. The Mayor, City Administrator, Special
Counsel to the City Spencer Fane Britt & Browne LLP, and other appropriate officials and
employees of the City are hereby authorized and directed to execute the amendment to Exhibit
C -1 of the MDA attached hereto as Exhibit A and to take such further action related thereto as is
otherwise necessary or desirable to carry out and comply with the intent of this Ordinance on
behalf of the City.
SECTION 4. EFFECTIVE DATE. This Ordinance shall be in full force and effect
from and after its passage and approval.
BE IT REMEMBERED that the above was read two times by heading only, PASSED
AND APPROVED by a majority of the Board of Aldermen and APPROVED by the Mayor of
the City of Riverside, Missouri, this 9th day of April, 2013.
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Kathleen L. Rose, Mayor
= ATST:
Robin Lttrell, City Clerk
Approved as to form:
� � `� Gam• � .__�_
Spencer Fane Britt & Browne LLP,
Special Counsel to the City
by Chad Lamer
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