HomeMy WebLinkAbout1266 Consent to Lease M&M Quality Solutions at Horizons Industrial III BILL NO. 2013 -091 ORDINANCE NO. /01/ le
AN ORDINANCE AUTHORIZING THE EXECUTION AND DELIVERY OF A CONSENT TO
LEASE BETWEEN THE CITY OF RIVERSIDE, MISSOURI, HORIZONS INDUSTRIAL III, LLC,
AND M &M QUALITY SOLUTIONS, INC. AND AUTHORIZING OTHER ACTIONS IN
CONNECTION THEREWITH
WHEREAS, pursuant to that certain Lease Agreement between the City of Riverside,
Missouri ( "City ") and Horizons Industrial III, LLC ( "Horizons "), dated November 9, 2012 (the
"Prime Lease "), the City leased to Horizons the property located at 4825 NW 41 Street,
Riverside, MO 64150 and having the following legal description:
All of Lot 1, Riverside Horizons Industrial III East, a subdivision in Riverside,
Platte County, Missouri, according to the recorded plat thereof, recorded October
1, 2012, as Document No. 2012014764, in Plat Book 21 at Page 22 (the
"Property "); and
WHEREAS, pursuant to a certain Standard Industrial Lease between Horizons and
M &M Quality Solutions, Inc. ( "M &M "), Horizons leased to M &M a portion of the Property (the
"Sublease "); and
WHEREAS, as contemplated by Section 13.1(b) of the Prime Lease, the City, Horizons,
and M &M desire to enter into the Consent to Lease attached hereto as Exhibit A and
incorporated herein (the "Consent to Lease "); and
WHEREAS, the Board of Aldermen find it to be in the best interests of the City and to
otherwise further the objectives of the economic development within the City to enter into and
deliver the Consent to Lease as set forth herein.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE
CITY OF RIVERSIDE, MISSOURI, AS FOLLOWS:
Section 1. CONSENT TO LEASE APPROVED. In order to further the economic
development objectives within the City, the Consent to Lease is hereby approved.
Section 2. AUTHORITY GRANTED. The City hereby authorizes the Mayor of the
City to execute and deliver the Consent to Lease, consistent with the terms of this Ordinance
and Missouri law, and hereby authorizes the Mayor, the City Administrator, Special Counsel to
the City and other appropriate City officials to take any and all actions as may be deemed
necessary or convenient to carry out and comply with the intent of this Ordinance and to
execute and deliver for and on behalf of the City all certificates, instruments, agreements and
other documents, as may be necessary or convenient to perform all matters herein authorized.
Section 3. EFFECTIVE DATE. This Ordinance shall be in full force and effect from
and after its passage and approval.
WA 4635908.1
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 _ day of November, 2013.
/
Kath -en L. Rose, Mayor
ATTES1c..
•
, Robin Littrell; ity Clerk
• Approved as to form:
Spe er e Britt & Browne LLP
Spe • sel to the City
by Joe Bednar
2 WA 4635908.1
EXHIBIT A
CONSENT TO LEASE
This CONSENT TO LEASE is entered into by the City of Riverside, Missouri (the "City"),
Horizons Industrial III, LLC ( "Horizons "), and M &M Quality Solutions, Inc. (the "Tenant ") as
of the day of November, 2013.
WHEREAS, pursuant to a certain Lease Agreement, dated November 9, 2012, between the
City and Horizons (the "Prime Lease "), the City leased to Horizons the property located at 4825
NW 41st Street, Riverside, MO 64150 (the "Property ") and having the following legal
description:
All of Lot 1, RIVERSIDE HORIZONS INDUSTRIAL III EAST, a subdivision in
the City of Riverside, Platte County, Missouri, according to the recorded plat
thereof, described as follows:
Beginning at the Northwest corner of said Lot 1, said point being on the Southerly
right -of -way line of 41 Street as it now exists; thence coincident with said right -
of -way line along the following courses: South 89 °35'34" East, 174.20 feet;
thence Southeasterly, on a tangent curve to the right, 117.87 feet, said curve
having a radius of 314.00 feet; thence South 68 °05'05" East, 651.41 feet to the
Northeast corner of said Lot 1; thence departing said right -of -way line, South
21 °54'55" West, coincident with the East line of said Lot 1, a distance of 494.19
feet to the Southeast corner thereof; thence coincident with the Southerly line of
said Lot 1, along the following courses: North 68 °05'05" West, 627.91 feet;
thence South 00 °36'03" East, 36.26 feet; thence North 89 °35'50" West, 130.58
feet to the Southwest corner of said Lot 1; thence departing said Southerly line,
North 00 °24'10" East, coincident with the West line of said Lot 1, a distance of
526.51 feet to the Point of Beginning, containing 424,526 square feet, or 9.746
acres, more or less.
WHEREAS, pursuant to a certain Standard Industrial Lease between Horizons and Tenant
(the "Sublease "), Horizons leased to Tenant a portion of the Property; and
WHEREAS, as contemplated by Section 13.1(b) of the Prime Lease, the parties desire to
enter into this Consent to Lease;
Now, THEREFORE, 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 discharge Horizons
from its primary 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 WA 4635908.1
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
Sublease and the Sublease shall continue in full force and effect on the same terms and
conditions as set forth in the Sublease 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 Sublease 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 Property, for so long as no Event of Default shall then be occurring under the
terms of the Sublease on behalf of the Tenant.
[SIGNATURE PAGES FOLLOW]
4 WA 4635908.1
LANDLORD:
HORIZONS INDUSTRIAL III, LLC,
a Delaware limited liability company
By: THE NORTHWESTERN MUTUAL LIFE INSURANCE COMPANY,
a Wisconsin corporation, a Member
By: NORTHWESTERN MUTUAL REAL ESTATE INVESTMENTS, LLC,
a Delaware limited liability company
Its: Wholly -owned Affiliate and Authorized Representative
By:
Printed Name:
Its: Managing Director
By: NORTHPOINT HOLDINGS, LLC,
a Missouri limited liability company, a Member
By: ■
Nathaniel Hagedorn, 0 ger
TENANT:
M &M QUALITY SOLUTIONS, INC.
a Pennsylvania corporation
By:
Brian McMaster, President
5 WA 4635908.1
CITY:
CITY OF RIVERSIDE, MISSOURI
By:
Kathy Rose, Mayor
A'1't'EST:
Robin Littrell, City Clerk
6 WA 4635908.1
CONSENT TO LEASE
This CONSENT TO LEASE is entered into by the City of Riverside, Missouri (the "City "),
Horizons Industrial III, LLC ( "Horizons "), and M &M Quality Solutions, Inc. (the "Tenant ") as
of the /gS day of November, 2013.
WHEREAS, pursuant to a certain Lease Agreement, dated November 9, 2012, between the
City and Horizons (the "Prime Lease "), the City leased to Horizons the property located at 4825
NW 41st Street, Riverside, MO 64150 (the "Property ") and having the following legal
description:
All of Lot 1, RIVERSIDE HORIZONS INDUSTRIAL III EAST, a subdivision in
the City of Riverside, Platte County, Missouri, according to the recorded plat
thereof, described as follows:
Beginning at the Northwest corner of said Lot 1, said point being on the Southerly
right -of -way line of 41 Street as it now exists; thence coincident with said right -
of -way line along the following courses: South 89 °35'34" East, 174.20 feet;
thence Southeasterly, on a tangent curve to the right, 117.87 feet, said curve
having a radius of 314.00 feet; thence South 68 °05'05" East, 651.41 feet to the
Northeast corner of said Lot 1; thence departing said right -of -way line, South
21 °54'55" West, coincident with the East line of said Lot 1, a distance of 494.19
feet to the Southeast corner thereof; thence coincident with the Southerly line of
said Lot 1, along the following courses: North 68 °05'05" West, 627.91 feet;
thence South 00 °36'03" East, 36.26 feet; thence North 89 °35'50" West, 130.58
feet to the Southwest corner of said Lot 1; thence departing said Southerly line,
North 00 °24'10" East, coincident with the West line of said Lot 1, a distance of
526.51 feet to the Point of Beginning, containing 424,526 square feet, or 9.746
acres, more or less.
WHEREAS, pursuant to a certain Standard Industrial Lease between Horizons and Tenant
(the "Sublease "), Horizons leased to Tenant a portion of the Property; and
WHEREAS, as contemplated by Section 13.1(b) of the Prime Lease, the parties desire to
enter into this Consent to Lease;
Now, THEREFORE, 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 discharge Horizons
from its primary 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.
(1893 /037 /MMQUALIT /00791297;1 )
1
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
Sublease and the Sublease shall continue in full force and effect on the same terms and
conditions as set forth in the Sublease 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 Sublease 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 Property, for so long as no Event of Default shall then be occurring under the
terms of the Sublease on behalf of the Tenant.
[SIGNATURE PAGES FOLLOW]
11893/037/MMQUALIT/00791297; 1 )
2
LANDLORD:
HORIZONS INDUSTRIAL III, LLC,
a Delaware limited liability company
By: THE NORTHWESTERN MUTUAL LIFE INSURANCE COMPANY,
a Wisconsin corporation, a Member
By: NORTHWESTERN MUTUAL REAL ESTATE INVESTMENTS, LLC,
a Delaware limited liability company
Its: Wholly -owned Affiliate and Authorized Representative
By:
Printed Name:
Its: Managing Director
By: NORTHPOINT HOLDINGS, LLC,
a Missouri limited liability company, a Member
By:
Nathaniel Hagedorn, M. dp
TENANT:
M &M QUALITY SOLUTIONS, INC.
a Pennsylvania corporation
By:
Brian McMaster, President
(1893/037/AMIQUALIT/00791297;1
3
CITY:
CITY OF RIVERSIDE, MISSOURI
By:
a by R e, Mayor
ATTEST: `
Cm-
Robih Littrell, City Clerk
(1893/037JMMQUALIT/00791297;1 )
4