HomeMy WebLinkAbout1219 Repealing the 1st, 2nd, 3rd & 4th Amendments to the MDA BILL NO. 2013-043 ORDINANCE NO. / ) 9
AN ORDINANCE REPEALING THE FIRST, SECOND, THIRD AND FOURTH
AMENDMENTS TO THE MASTER DEVELOPMENT AGREEMENT
WHEREAS, the City issued a Request for Proposals seeking development proposals
from developers to develop Riverside Horizons; and
WHEREAS, the City received several proposals in response to the Request for
Proposals, reviewed and evaluated the responses and determined that the proposal from Briarcliff
Realty, LLC ( "Briarcliff') to develop the Riverside Horizons Site would best accomplish the
City's vision of development of its property and benefit the citizens of the City of Riverside; and
WHEREAS, Briarcliff and the City entered into that certain Master Development
Agreement dated May 10, 2011 ( "MDA "); and
WHEREAS, Briarcliff changed its name to BR NorthPoint, LLC ( "BRN ") and assigned
all of its rights and obligations under the MDA, but not its rights and obligations under the MDA
First Amendment, to Briarcliff Horizons, LLC, an affiliated entity of Briarcliff 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
( "Developer "); and
WHEREAS, pursuant to Section 12.5(b) of the MDA, Riverside Horizons, LLC assigned
all of its duties and obligations under the MDA to construct and complete the public
infrastructure and other public improvements as set forth in the MDA to NorthPoint
Development LLC ( "NPD "); and
WHEREAS, the City and Briarcliff agreed to the First Amendment to the MDA ( "First
Amendment "), and the Board of Aldermen passed and approved Ordinance No. 1081 on the 16
day of August, 2011, approving said First Amendment; and
WHEREAS, on or about the 21 day of August 2012, the Board of Aldermen passed and
approved, by and through the approval and passage of Ordinance 1151, for the City to enter into
the Second Amendment to the Master Development Agreement, thereby amending the
infrastructure specifications as described within Exhibit C -1 of the MDA as agreed to by the City
and the Developer; and
WHEREAS, on or about the 22 " day of January 2013, the Board of Aldermen passed
and approved, by and through the approval and passage of Ordinance No. 1181, for the City to
repeal Ordinance 1151 and to enter into the Third Amendment to the Master Development
Agreement to amend Exhibit C -1 of the MDA, thereby amending the infrastructure
specifications as described within Exhibit C -1 of the MDA, as agreed to by the City and the
Developer; and
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WHEREAS, on or about the 9 day of April, 2013, the Board of Aldermen passed and
approved, by and through the approval and passage of Ordinance No. 1196, for the City to repeal
Ordinance 1181 and to enter into the Fourth Amendment to the Master Development Agreement
to amend Exhibit C -1 of the MDA, thereby amending the infrastructure specifications as
described within Exhibit C -1 of the MDA, however Developer is not in agreement to the
Amendment; and
WHEREAS, the City Administrator, Special Counsel to the City, appropriate employees
of the City and NPD agree that Ordinance No.'s 1081, 1151, 1181 and 1196, and the First,
Second, Third and Fourth Amendments to the Master Development Agreements should be
repealed; 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, the City of Riverside and the Developer desire to repeal the First
Amendment to the MDA, and further to repeal the Second, Third and Fourth Amendments to the
MDA and thereby further amend Exhibit C -1 of the MDA to repeal the specifications for said
Infrastructure Improvements provided for in the Second, Third and Fourth Amendment to the
MDA by and through Exhibit C -1A of the MDA.
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 repeal
Ordinance No.'s 1081, 1151, 1181 and 1196 and the FIRST, SECOND, THIRD AND FOURTH
AMENDMENTS TO THE MASTER DEVELOPMENT AGREEMENT, and said Ordinances
are hereby repealed.
SECTION 2. DISAPPROVAL 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
repeal and not approve the Specifications of the Horizons Industrial II — Paving Project
( "Specifications "), contained within those Amendments, and said Specifications are hereby
repealed.
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 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.
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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 11 11, day of June, 2013.
I
. thleen L. Rose, Mayor
O e
ATT ST:
tip
• Robin Littrel1, it Clerk
Approved as to form:
Sp- " Fane Britt & Browne LLP,
S . ecial ounsel to the City
b Joe t dnar
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