HomeMy WebLinkAbout1322 Agreement Regarding Regional Detention System Argo Innovation Park Lot 6 BILL NO. 2014-054 ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE AGREEMENT REGARDING REGIONAL DETENTION
SYSTEM BY AND BETWEEN THE CITY OF RIVERSIDE, MISSOURI AND ARGO
INNOVATION PARK LOT 6, L.L.C.
WHEREAS, Argo Innovation Park Lot 6, L.L.C. ("Argo") has proposed an industrial
development project located at the southwestern corner of 415` & Horizons Parkway in
Riverside, Missouri comprising approximately 15.67 acres (the "Site") for the development of an
approximately 275,560 sf multi-purpose industrial/warehouse/office building, along with parking,
truck docks, and service drives (the "Project"); and
WHEREAS, in lieu of stormwater detention at the Site, Argo has proposed contributing
to the regional detention system trust for the surrounding watershed in the amount of $10,000
for every acre-foot of increased runoff volume between the 100-year pre- and post-development
runoff volume (the "Contribution") in accordance with the terms and conditions in substantially
the form of the Agreement Regarding Regional Detention System attached hereto and
incorporated herein as Exhibit A; and
WHEREAS, the estimated acre-foot increase between the pre- and post-development
runoff volume is 2.645 acre-feet, which would require a Contribution of$26,450; and
WHEREAS, the Board of Aldermen find that entering into the Detention Agreement is in
the best interests of the City in that it fulfills a public purpose and will further the growth of the
City, improve the environment of the City, foster increased economic activity within the City,
increase employment opportunities within the City and otherwise is in the best interests of the
City by furthering the health, safety, and welfare of its residents and taxpayers.
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 TO APPROVE DETENTION
AGREEMENT. It is in the best interest of the City, in order to further the objectives of industrial
and economic development of the City as well as to protect the health, safety, and general
welfare of its citizens, to enter into the Detention Agreement with Argo and such Detention
Agreement is hereby approved in substantially the same form attached hereto as Exhibit A and
incorporated herein.
SECTION 2 — AUTHORITY GRANTED. The Mayor and City Administrator are
authorized to execute and deliver the Detention Agreement in substantially the form attached
hereto as Exhibit A, with such changes therein as are approved by the officials of the City
executing the Detention Agreement, such officials' signatures thereon being conclusive
evidence of their approval thereof. 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 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 the date of 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 3d day of June 2014.
GI�LCX�iv�
Ka leen L. Rose, Mayor
A
Robin Littre , Cit Clerk
Approved as to form:
SpencGinar
ne Britt & Browne LLP
Specinsel to the City
By Jo
EXHIBIT A
DETENTION SYSTEM AGREEMENT
7
Reoordsd In Platte County, Missouri
Recording Date/Time: 07/18/2014 at 08:18:41 AM
Instr Number: 2014007751 "'p"''
Book: 1230 P 7 �`,a°eoe o..o,
Page: 81 .���• '
Type: DE AGMT
Peyer. 7Fes: $42.008
III IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII '�"�...�,����''�,,`,,,
CCUNtYV\6
Grantor: RIVERSIDE MISSOURI CITY OF Gloria Boyer,
Grantee: ARGO INNOVATION PARK LOT 6 LLC Recorder of Deeds
Title of Document: Agreement Regarding Regional Detention System
Date of Document: June 11, 2014
Grantors: City of Riverside, Missouri; and
The Industrial Development Authority of the City of
Riverside, Missouri
Grantors'Address: 2950 N.W. Vivion Road
Riverside, Missouri, 64150
Grantee(s) Name and Address: Argo Innovation Park Lot 6, L.L.C.
7611 State Line Road
Suite 301
Kansas City, MO 64114
Legal Description/Address: See Exhibit A of Agreement
Book and Page Reference: N/A
WA 5166765.1
E:c�__. F:: 12 3 0 P c.. C7 e r:D 1
AGREEMENT REGARDING REGIONAL DETENTION SYSTEM
This Agreement Regarding Regional Detention System (this "Agreement") is made
effective as of the date last signed by the parties, by and between Argo Innovation Park Lot 6,
L.L.C., a Missouri limited liability company, having and address of 7611 State Line Road, Suite
301, Kansas City, MO 64114 ("Argo") and the City of Riverside, Missouri, a Missouri municipality,
having an address of 2950 N.W. Vivion Road, Riverside, Missouri 64150 ("City").
WHEREAS, Argo owns real property legally described in Exhibit A attached hereto and
incorporated herein (the "Argo Property"); and
WHEREAS, Argo is agreeable to compensating the City for use of the Regional Detention
System depicted in Exhibit B attached hereto and incorporated herein (the "System"); and
WHEREAS, the City's Board of Aldermen find that allowing Argo to utilize the System on
the terms and conditions contained in this Agreement is in the best interests of the City in that it
fulfills a public purpose and will further the growth of the City, improve the environment of the
City, foster increased economic activity within the City, increase employment opportunities
within the City and otherwise is in the best interests of the City by furthering the health, safety,
and welfare of its residents and taxpayers.
NOW, THEREFORE, in consideration of the respective convents and promises contained
herein, the parties agree as follows:
1. Use of System. To assist in accommodating future development on the Argo
Property, the City agrees that Argo may utilize the System if it so chooses (instead of creating
an on-site basin located on the Argo Property) for storm water management, subject to the
following:
a. Argo shall pay the City the amount of Ten Thousand Dollars ($10,000) for a
perpetual and irrevocable access and use right to the System for every acre-
foot of increased runoff volume between the 100-year pre- and post-
development runoff volume. The estimated amount of increased runoff
volume from the Argo Property is 2.645 acre-feet to yield an estimated
payment amount from Argo to the City of Twenty-Six Thousand Four
Hundred Fifty Dollars ($26,450). The final determination of increased runoff
volume is subject to confirmation by Shafer, Kline & Warren, Inc., or other
engineers utilized by the City, as to be determined upon Argo's completed
development of the Argo Property.
b. The City will ensure that Argo's access and use of the System will be in
accordance with good storm water engineering practices related to design
and construction. The System's design and construction specifications shall
be determined by the City, which it shall be obligated to undertake only after
receipt of the amount provided for in subsection a, at which time the City shall
use its reasonable efforts with respect to the timeliness of completing the
necessary design and construction. Conveyance of on-site storm water from
the Argo Property to the System shall be in accordance with the City's
adopted storm water regulations.
2
In P a.cle 781
2. Binding Effect. The provisions of this Agreement shall be a continuing covenant
running with the land and shall be binding upon the parties hereto and upon their assigns,
transferees and successors in interest.
3. Recording of Agreement. Upon full execution by the parties, this Agreement shall
be recorded by the City in the Office of the Recorder of Deeds for Platte County, Missouri.
4. No Third Party Beneficiaries. The provisions of this Agreement shall not be
deemed to create any third party benefit hereunder for any member of the public or to authorize
any one, not a party hereto, to maintain suit pursuant to the terms of this Agreement.
5. Entire Agreement; Written Modifications. This Agreement contains the entire
agreement and understanding between the parties with respect to the subject matter hereof and
supersedes and replaces any prior understanding and agreements between the parties with
respect to the subject matter hereof and all representations, promises, and prior or
contemporaneous agreements and understandings between the parties are merged into and
expressed in this Agreement. The agreements contained in this Agreement shall not be
amended, modified, or supplemented without the written agreement of the parties at the time of
such amendment, modification, or supplement.
6. Governing Law. This Agreement shall be governed by the laws of the State of
Missouri without regard to any choice of law rule thereof which gives effect to the laws of any
other jurisdiction.
7. Counterparts. This Agreement may be executed in separate counterparts, each
of which when so executed shall be an original, but all of such counterparts shall together
constitute but one and the same instrument.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date last
signed by the parties.
Argo Innovation Park Lot 6, L.L.C.: City of Riverside, Missouri:
By: By: ULo
oseph . TuteraHonorable Kathleen L. Rose
Its: Manager Its: Mayor
Dated: June 11, 2014 Dated: J 2014
By:
ego P. Mills
Title: City Administrator
Dated: June, 2014
3
P.C'C: k 12730
ACKNOWLEDGMENT—ARGO INNOVATION PARK LOT 6. L.L.C.
STATE OF MISSOURI )
) SS
COUNTY OF JACKSON )
On this �� day of June, 2014, before me appeared Joseph C. Tutera, to me
personally known, who, being by me duly sworn, did say that he is the Manager of Argo
Innovation Park Lot 6, L.L.C., a Missouri limited liability company, and that the Agreement
Regarding Regional Detention System was signed on behalf of said company by authority of its
members and said Joseph C. Tutera acknowledged said instrument to be the free act and deed
of said limited liability company.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year last above written.
JENNY L. AUGUSTIN N Public4d and for County and State
[Sa]ary Public-Notary Seal
Mtate at Missouri,Cass County
Commission # 10429263 V CK�Ix L u 1 use/
My Commission Expires Aug 25,2014
Type or Print Name
My Commission Expires:
4
Bc.._, k-- 12:3 0 P ?:B 1
ACKNOWLEDGMENT—CITY OF RIVERSIDE, MISSOURI
STATE OF MISSOURI )
) ss:
COUNTY OF PLATTE )
ON THIS 1L day of June, 2014, before me, personally appeared the Honorable
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 Missouri municipality, and that the Agreement
Regarding Regional Detention System was signed on behalf of said City of Riverside, Missouri
by authority of its Board of Aldermen, and Mayor Rose acknowledged said instrument to be the
free act and deed of said City of Riverside, Missouri.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year last above written.
ROBIN L.LITTRELL
Notsry.Publle-NotuySul Notary Public in and fibr County an-6 State
�}}1 Mismurl Clay County
[SmCoTtMrltsston 011390631 J �[
My Comtnlnlstt MM lion I,2015 L I `l //
Type or Print Name
My Commission Expires:
Gt.1c ,, y s
5
EXHIBIT A
LEGAL DESCRIPTION
All of Lot 6 and part of vacated Van De Populier Road in "Argo Innovation Park' recorded in Bk.
20 at Pg. 395 in Riverside, Platte County, Missouri described as follows:
BEGINNING at the Southwest corner of the Southwest Quarter of Section 5, Township 50N,
Range 33W and a point on the South line of "Argo Innovation Park; thence South 88 degrees,
51 minutes, 51 seconds East, along the South line of the Section and plat, 20.00 feet to the
Southeast corner of the plat; thence North 00 degrees, 29 minutes, 11 seconds East, along the
East line 487.11 feet; thence on a curve to the right, having an Initial Tangent Bearing of North
85 degrees, 32 minutes, 41 seconds West, a Radius of 975.00 feet, and an arc length of 167.50
feet to a Point of Compound Curvature and a point on the North line of Lot 6; thence on a curve
to the right, having a Radius of 480.00 feet, and an arc length of 161.06 feet to a Point of
Tangency; thence North 56 degrees, 28 minutes, 35 seconds West, on North line, 100.00 feet to
a Point of Curvature; thence on a curve to the left, on North line, having a Radius of 420.00 feet,
and an arc length of 241.31 feet to a Point of Tangency; thence North 89 degrees, 23 minutes,
44 seconds West, on North line, 453.18 feet to the Northwest corner of Lot 6; thence South 00
degrees, 22 minutes, 49 seconds West, on West line, 697.65 feet to the Southwest corner of Lot
6, and a point on the South line of Section 6; thence South 89 degrees, 23 minutes, 44 seconds
East, along the South line, 1056.22 feet to the POINT OF BEGINNING, containing 681,967.13
square feet, or 15.66 acres, more or less.
6
•" �' ! 50th St � "+- " '
i
• ; p r
14
41
14
ere
o
3.
t .
7
N *�"QS
m•- � 3 l� tptatt�
.•, \. \/
lowet*i t
Ia►nru�u•�u�nau�n
Ip
•I
,'pI
I'
v I'
�I
EXHIBIT B
REGIONAL DETENTION SYSTEM
7
r
S
O 1.w
N•
O
NL
St
x
Ottt
r
,O�o�n�u�uvn