HomeMy WebLinkAbout1366 Release of Reversionary Interest for Lot 1, Riverside Horizons East First Plat BILL NO. 2014-099 ORDINANCE NO. I 1 2D
AN ORDINANCE APPROVING THE EXECUTION AND DELIVERY OF A RELEASE OF
INTEREST TO RELEASE THE REVERSIONARY INTERESTS FOR LOT 1, RIVERSIDE
HORIZONS EAST FIRST PLAT, A SUBDIVISION IN THE CITY OF RIVERSIDE
WHEREAS, the City of Riverside, Missouri ("City') granted a Special Warranty Deed dated
September 14, 2012, recorded with the Recorder of Deeds for Platte County, Missouri on
September 18, 2012 in Book 1197 at Page 704 and as Instrument 2012013903 (the "Deed") to
Riverside Horizons, LLC ("RH"), for all of Lot 1, RIVERSIDE HORIZONS EAST FIRST PLAT, a
subdivision in the City of Riverside, Platte County, Missouri, according the recorded plat thereof
(the "Property"); and
WHEREAS, the Deed contained a condition subsequent that the failure to commence vertical
construction within sixty days from the date of the Deed (the "Condition Subsequent") would
cause title to the Property to revert to the City; and
WHEREAS, the Deed set forth that upon satisfaction of the Condition Subsequent, the City
would, upon the request of RH, execute and record against title to the Property a writing validly
evidencing the termination of the City's reversionary right; and
WHEREAS, the Condition Subsequent has been satisfied and RH requests that the termination
of the City's reversionary right be accomplished by recording against the title to the Property the
Release of Interest attached hereto and incorporated herein as Exhibit A (the "Release of
Interest"); and
WHEREAS, the Board of Aldermen find it to be in the best interests of the City in order to further
the objectives of industrial and economic development of the City, as well as in furtherance of
the objective to protect the health, safety, and welfare of the businesses and citizens of the City,
to approve the Release of Interest as set forth herein.
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 THE RELEASE OF INTEREST.
It is in the best interests of the City in order to further the objectives of industrial and economic
development of the City, as well as in furtherance of the objective to protect the health, safety,
and welfare of the businesses and citizens of the City, to approve the Release of Interest
attached hereto as Exhibit A and incorporated herein and such Release of Interest is hereby
approved.
SECTION 2 — AUTHORITY GRANTED. The City hereby authorizes the Mayor of the City and
other appropriate City officials to execute and deliver the Release of Interest, consistent with the
terms of this Ordinance and Missouri law, and hereby authorizes the Mayor, the City
Administrator, the City Clerk, 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 6323986.1
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 18th day of November, 2014.
K hleen L. Rose, Mayor
ATTE
Robin Littrell, City Clerk Approved as to form:
Spe er Fane Britt & Browne LLP
Sp I Counsel to the City
by Joe Bednar
2 WA 6323986.1
EXHIBIT A
RELEASE OF INTEREST
3 WA 6323986.1
---------------------------------------------------------------------------------------------------------------------
(The above space is reserved for Recorder's Certification.)
TITLE OF DOCUMENT: RELEASE OF INTEREST
DATE OF DOCUMENT: 12014
GRANTORS: CITY OF RIVERSIDE, MISSOURI
2950 N.W. Vivion Road
Riverside, Missouri 64150
and
RIVERSIDE HORIZONS, LLC
5015 NW Canal Street, Suite 200
Riverside, Missouri 64150
GRANTEE: HORIZONS INDUSTRIAL 11,LLC
5015 NW Canal Street, Suite 200
Riverside, Missouri 64150
LEGAL DESCRIPTION: See Exhibit A
REFERENCE Special Warranty Deed from City of Riverside, Missouri
to Riverside Horizons, LLC recorded September 18, 2012
in Book 1197 at Page 704 as Instrument No. 2012013903;
Special Warranty Deed from Riverside Horizons, LLC to
Horizons Industrial II, LLC recorded September 18, 2012
in Book 1197 at Page 705 as Instrument No.2012013904.
11893/022rrITLE/00912375;2
RELEASE OF INTEREST
THIS RELEASE OF INTEREST is made as of 2014 (the
"Effective Date") by and from the CITY OF RIVERSIDE, MISSOURI, a fourth class city duly
organized and validly existing under the laws of the State of Missouri ("City"), having its mailing address
as follows: 2950 N.W. Vivion Road, Riverside, Missouri 64150, and RIVERSIDE HORIZONS,LLC, a
Missouri limited liability company ("Riverside Horizons"), having its mailing address as follows: 5015
NW Canal Street, Suite 200, Riverside, Missouri 64150, to Horizons Industrial 11, LLC, a Delaware
limited liability company with a mailing address of 5015 NW Canal Street, Suite 200, Riverside, Missouri
64150("Developer").
RECITALS
A. City executed and delivered to Riverside Horizons that certain Special Warranty Deed
dated September 14, 2012 and recorded in the real estate records of the Recorder of Platte County,
Missouri in Book 1197 and Page 704 as Instrument No. 2012013903, that conveyed to Riverside
Horizons title to the real property described on Exhibit A (the "Property"). Such deed contained a
condition subsequent (the "City Condition") that failure to commence vertical construction within sixty
(60) days from the date of such deed would cause title to the Property to revert to City (the "City
Reversionary Interest").
B. Simultaneously therewith, Riverside Horizons executed and delivered to Developer, that
certain Special Warranty Deed dated September 13, 2012 and recorded in the real estate records of the
Recorder of Platte County, Missouri in Book 1197 and Page 705 as Instrument No. 2012013904, that
conveyed to Developer title to the Property. Such deed contained a condition subsequent (the "Riverside
Horizons Condition")that failure to commence vertical construction within sixty (60) days from the date
of such deed would cause title to revert to Riverside Horizons (the "Riverside Horizons Reversionary
Interest").
C. Developer satisfied the City Condition and the Riverside Horizons Condition and
commenced vertical construction on the Property within sixty (60)days from the date of both deeds.
D. City desires to (1) recognize satisfaction of the City Condition and (2) release the City
Reversionary Interest.
E. Riverside Horizons desires to (1) recognize satisfaction of the Riverside Horizons
Condition and(2)release the Riverside Horizons Reversionary Interest.
NOW THEREFORE, in consideration of the sum of One Dollar ($1.00) and other valuable
considerations the receipt of which is hereby acknowledged, City does hereby (1) recognize satisfaction
of the City Condition and (2) release the City Reversionary Interest, and Riverside Horizons does hereby
(1) recognize satisfaction of the Riverside Horizons Condition and (2) release the Riverside Horizons
Reversionary Interest.
[The remainder of this page intentionally left blank.]
11893/022/TITLE/00912375;2
IN WITNESS WHEREOF, City and Riverside Horizons have executed this Release of Interest
as of tor.4btive Date.
• CITY OF RIVERSIDE,MISSOURI
[SEAL] 0
• BY:
Name: athleen L.Rose
Title: Mayor
ATTEST:
By: _� r�
Name: Robin Littrell
Title: City Clerk
ACKNOWLEDGMENT
STATE OF MISSOURI )
SS.
COUNTY OF PLATTE ) p
On this day of O 2014, before me,the undersigned,a Notary Public, appeared
KATHLEEN L. ROSE ind ROBIN LITTRELL, to me personally known, who, being by me duly
sworn, did say that they are the Mayor and City Clerk of the CITY OF RIVERSIDE, MISSOURI, and
that the seal affixed to the foregoing instrument is the corporate seal of said City, and that said instrument
was signed and sealed by authority of its Board of Aldermen, and said officers acknowledged said
instrument to be executed for the purposes therein stated and as 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.
Name:
Notary Public in and fors • State
(SEAL) ` .0'VAG IF�.,1
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118931022/nTLFA0912373;2
RIVERSIDE HORIZONS,LLC,
a Missouri limited liability company
By: Northpoint Holdings, LLC,
a Missouri limited liability company,
its Manager
By:
Name: Nathaniel Hagedorn
Title: Manager
ACKNOWLEDGMENT
STATE OF MISSOURI )
SS.
COUNTY OF PLATTE )
On this day of 2014, before me, the undersigned, a Notary Public, appeared
NATHANIEL HAGEDORN, to me personally known, who, being by me duly sworn, did say that he is
the Manager of Northpoint Holdings, LLC, the Manager of RIVERSIDE HORIZONS, LLC, and that
said instrument was signed by authority of its members, and he acknowledged said instrument to be
executed for the purposes therein stated and as the free act and deed of said company.
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.
Name:
Notary Public in and for said State
(SEAL)
My Commission Expires:
(1893/022MTLE/00912375;2 I
EXHIBIT A
LEGAL DESCRIPTION
All of the following property located in Platte County, Missouri:
Lot I, RIVERSIDE HORIZONS EAST FIRST PLAT, a subdivision in Riverside, Platte County,
Missouri, according to the recorded plat thereof recorded March 9, 2012, as Document No. 2012003467,
in Plat Book 21 at Page 10
11893/022rrITLE/00912375;2 1
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Instr Number:2014014188
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Book: 1237 Pape: 188
type: DR DR €�
Pages:6 '�•., a
Fes: $36.00 8
ElectronlcaoRecorded Rec+ode a Deeds
(The above space is reserved for Recorder's Certification.) W ~
TITLE OF DOCUMENT: RELEASE OF INTEREST
DATE OF DOCUMENT: &-ceotoer P 2014
GRANTORS: CITY OF RIVERSIDE,MISSOURI
2950 N.W.Vivion Road
Riverside,Missouri 64150
and
RIVERSIDE HORIZONS,LLC
5015 NW Canal Street, Suite 200
Riverside,Missouri 64150
GRANTEE: HORIZONS INDUSTRIAL II,LLC
5015 NW Canal Street, Suite 200
Riverside,Missouri 64150
LEGAL DESCRIPTION: See Exhibit A
REFERENCE Special Warranty Deed from City of Riverside, Missouri
to Riverside Horizons, LLC recorded September 18, 2012
in Book 1197 at Page 704 as Instrument No. 2012013903;
Special Warranty Deed fiwn Riverside Horizons, LLC to
Horizons Industrial II, LLC recorded September 18, 2012
in Book 1197 at Page 705 as Instrument No.2012013904.
Chicago M CampWs LLC
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THIS RELF-ASE OF INTEREST is made as of deco icr 6 2014 (the
"Effective Daft) by and from the CITY OF RIVERSIDE, MISSOURI, a fourth class city duly
organized and validly existing under the laws of the State of Missouri("City"),having its mailing address
as follows:2950 N.W.Vivion Road,Riverside,Missouri 64150,and RIVERSH)E HORIZONS,LLC,a
Missouri limited liability company ("Riverside Horizons"), having its mailing address as follows: 5015
NW Canal Street, Suite 200, Riverside, Missouri 64150, to Horizons Industrial II, LLC, a Delaware
limited liability company with a mailing address of 5015 NW Canal Street, Suite 200,Riverside,Missouri
64150("Developer").
RECITALS
A. City executed and delivered to Riverside Horizons that certain Special Warranty Deed
dated September 14, 2012 and recorded in the real estate records of the Recorder of Platte County,
Missouri in Book 1197 and Page 704 as Instrument No. 2012013903, that conveyed to Riverside
Horizons title to the real property described on Exhibit A (the "Property"). Such deed contained a
condition subsequent(the "City Condition') that failure to commence vertical construction within sixty
(60) days from the date of such deed would cause title to the Property to revert to City (the "City
Reversionary Interest"). W
X
B. Simultaneously therewith,Riverside Hbrizons executed and delivered to Developer, that -•
certain Special Warranty Deed dated September 13, 2012 and recorded in the real estate records of the w
Recorder of Platte County, Missouri in Book 1197 and Page 705 as Instrument No. 2012013904, that
conveyed to Developer title to the Property. Such deed contained a condition subsequent(the"Riverside T
Horizons Condition")that failure to commence vertical construction within sixty(60)days from the date
of such deed would cause title to revert to Riverside Horizons (the "Riverside Horizons Reversionary 01)
Interest').
C. Developer satisfied the City Condition and the Riverside Horizons Condition and
commenced vertical construction on the Property within sixty(60)days from the date of both deeds.
D. City desires to (1) recognize satisfaction of the City Condition and (2) release the City
Reversionary Interest
E. Riverside Horizons desires to (1) recognize satisfaction of the Riverside Horizons
Condition and(2)release the Riverside Horizons Reversionary Interest.
NOW THEREFORE, in consideration of the sum of One Dollar ($1.00) and other valuable
considerations the receipt of which is hereby acknowledged, City does hereby (1)recognize satisfaction
of the City Condition and(2) release the City Reversionary Interest, and Riverside Horizons does hereby
(1) recognize satisfaction of the Riverside Horizons Condition and (2) release the Riverside Horizons
Reversionary Interest
[The remainder of this page intentionally left blank.]
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CITY OF RIVERSIDE,MISSOURI
Y3 .!• ;_{;;:
Name bthleen L.Rose
- Title: Mayor
ATTEST:
By: c=?1
Name: Robin Littrell
Title: City Clerk
W
ACKNOWLEDGMENT T`
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STATE OF MISSOURI )
SS. 0
COUNTY OF PLATTE ) m
p 0c
On this day of p 2014,before me,the undersigned,a Notary Public,appeared
KATHLEEN L. ROSE And ROBIN LrfTRELL, to me personally known, who, being by me duly
sworn, did say that they are the Mayor and City Clerk of the CITY OF RIVERSIDE,MISSOURI,and
that the seal affixed to the foregoing instrument is the corporate seal of said City,and that said instrument
was signed and sealed by authority of its Board of Aldermen, and said officers acknowledged said
instrument to be executed for the purposes therein stated and as 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.
Name:
Notary Public in and forlskVid State
(SEAL) a�uwuuNi�i
WA6,yE
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By: Northpoint Holdings,LLC,
a Missouri limited liability company,
its Manager
By: _
Name: Nathaniel Ha do n
Title: Manager
ACKNOWLEDGMENT
STATE OF MISSOURI )
SS.
COUNTY OF PLATTE )
On this day of'D; o s ,2014,before me,the undersigned,a Notary Public,appeared X
NATHANIEL HAGEDORN,to me personally known,who,being by me duly sworn, did say that he is N
the Manager of Northpoint Holdings, LLC, the Manager of RIVERSIDE HORIZONS, LLC, and that
said instrument was signed by authority of its members, and he acknowledged said instrument to be
executed for the purposes therein stated and as the free act and deed of said company.
G7
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the m
County and State aforesaid,the day and year first above written.
Name:
Notary Public in and for said State
(SEAT.,)
My Commission Expires: M&C&M M o� Notory$ub c, Notary seol
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LEGAL DESCRIPTION
All of the following property located in Platte County,Missouri:
Lot 1, RIVERSIDE HORIZONS EAST FIRST PLAT, a subdivision in Riverside, Platte County,
Missouri, according to the recorded plat thereof recorded March 9,2012, as Document No.2012003467,
in Plat Book 21 at Page 10
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Recorded in Platte County,Missouri
Recording Date/Time:08/05/2014 at 01:52:19 PM
Instr Number: 2014008452 "
Book: 1231 Page: 477 : �.• FF
Type: TR WD 'if'S _cc
Fee: $33.00 S =F� •••••• .�Sy,
UN1•Y.
lNr'
Gloria Boyer
Electronically Recorded Recorder of Deeds
(The above space is reserved for Recorder's Certification.)
TITLE OF DOCUMENT: SPECIAL WARRANTY DEED
DATE OF DOCUMENT: JANUARY ,2014
GRANTOR CITY OF RIVERSIDE,MISSOURI
GRANTOR'S MAILING ADDRESS: 2950 N.W.Vivion Road
Riverside,Missouri 64150
GRANTEE: HORIZONS INDUSTRIAL II,LLC
GRANTEE'S MAILING ADDRESS: c/o NorthPoint Development
6300 N. Revere Drive, Suite 225
Kansas City,Missouri 64151
RETURN DOCUMENTS TO: Gary A.Anderson,Esq.
Gilmore&Bell,P.C.
2405 Grand Boulevard, Suite 1100
Kansas City, Missouri 64108
LEGAL DESCRIPTION: See Exhibit A
This cover page is attached solely for the purpose of complying with the requirements stated in
§§59.310.2;59.313.2 Revised Missouri Statutes.
Chicago Title Company,LLC
(The above space is reserved for Recorder's Certification.)
TITLE OF DOCUMENT: SPECIAL WARRANTY DEED
DATE OF DOCUMENT: JANUARY ,. ,2014
GRANTOR: CITY OF RIVERSIDE,MISSOURI
GRANTOR'S MAILING ADDRESS: 2950 N.W.Vivion Road
Riverside,Missouri 64150
GRANTEE: HORIZONS INDUSTRIAL II, LLC
GRANTEE'S MAILING ADDRESS: c/o NorthPoint Development
6300 N. Revere Drive, Suite 225
Kansas City, Missouri 64151
RETURN DOCUMENTS TO: Gary A.Anderson,Esq.
Gilmore&Bell,P.C.
2405 Grand Boulevard, Suite 1100
Kansas City,Missouri 64108
LEGAL DESCRIPTION: See Exhibit A
This cover page is attached solely for the purpose of complying with the requirements stated in
§§59.310.2; 59.313.2 Revised Missouri Statutes.
Chicago Title CamPanY.LLC
SPECIAL WARRANTY DEED
THIS SPECIAL WARRANTY DEED, made as of January a(_ , 2014 from the CITY
OF RIVERSIDE, MISSOURI, a political subdivision and body corporate organized and existing under
the laws of the State of Missouri (the "Grantor"), having its mailing address as follows: 2950 N.W.
Vivion Road, Kansas City, Missouri 64150,to HORIZONS INDUSTRIAL H, LLC, a Delaware limited
liability company (the "Grantee"), having its mailing address as follows: 6300 N. Revere Drive, Suite
225, Kansas City, Missouri 64151.
WITNESSETH, THAT 1'HE GRANTOR, in consideration of the sum of One Dollar ($1.00)
and other valuable considerations to it paid by the Grantee(the receipt of which is hereby acknowledged)
does by these presents, SELL and CONVEY unto the Grantee, its successors and assigns, the lots, tracts
or parcels of land described in EXHIBIT A, which is attached hereto, subject to all matters of record.
TO HAVE AND TO HOLD,the premises aforesaid, with all and singular the rights, privileges,
appurtenances and immunities thereto belonging or in anyway appertaining unto the Grantee and unto its
successors and assigns forever; the Grantor hereby covenanting that the said premises are free and clear
from any encumbrance done or suffered by it, except as provided herein; and that it will warrant and
defend the title to said premises unto the Grantee and unto the Grantee's successors and assigns forever,
against the lawful claims and demands of all persons claiming under Grantor and no other, except as
provided herein.
[The remainder of this page intentionally left blank.]
IN WITNESS WHEREOF, the Grantor has executed this Special Warranty Deed as of the day
and year above written.
CITY OF RIVERSIDE,MISSOURI
: .• [SBAL] •
By:
Name: athleen L. Rose
Title: Mayor
•
ATTEST:
By: i-r-Z
Name: Robin Littrell
Title: City Clerk
ACKNOWLEDGMENT
STATE OF MISSOURI )
) SS.
COUNTY OF PLATTE )
On this day of January, 2014, before me, the undersigned, a Notary Public, appeared
KATHLEEN L. ROSE and ROBIN LITTRELL, to me personally known, who, being by me duly
sworn, did say that they are the Mayor and City Clerk of the CITY OF RIVERSIDE,MISSOURI, and
that the seal affixed to the foregoing instrument is the corporate seal of said City,and that said instrument
was signed and sealed by authority of its Board of Aldermen, and said officers acknowledged said
instrument to be executed for the purposes therein stated and as 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.
Na e: c�, t,�,ta k-,er
Notary Public in and for saild state
(SEAL)
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EXHIBIT A
LEGAL DESCRIPTION
All of the following property located in Platte County,Missouri:
All of Lot 1, RIVERSIDE HORIZONS EAST FIRST PLAT, a subdivision in Riverside, Platte
County, Missouri, according to the recorded plat thereof, recorded March 9, 2012, as Document
No. 2012003467,in Plat Book 21 at Page 10.
A-1
Recorded in Platte County, Missouri
Recording Date/Time:08/05/2014 at 01:52:19 PM
lnstr Number: 2014008451
Book: 1231 Page: 476 oP.ER OFO��
Type: DR DR '' 67.4
Pages:8 a` y:o•
Fee: $45.00 S =�F'
OOUNTY ,os
Electronically Recorded Gloria Boyer
Recorder of Deeds
TERMINATION OF LEASE AGREEMENT AND
RELEASE OF TRUST INDENTURE
Grantor under Lease Agreement and City of Riverside,Missouri
Trust Indenture: 2950 N.W.Vivion Road
Riverside,Missouri 64150
Horizons Industrial II,LLC
Grantee under Lease Agreement: c/o NorthPoint Development
6300 N.Revere Drive,Suite 225
Kansas City,Missouri 64151
BOKF,N.A.,as Trustee
Grantee under Trust Indenture: 4600 Madison Avenue,Suite 800
Kansas City,Missouri 64112
Attention: Corporate Trust Dept.
Real Property Legal Description: See Exhibit A on page 7
Document Reference: Document No.2012013909 in Book 1197
at Page 710
Date: December 17,2013
Chicago Title Company,LLC
t_30)43()3 .--
TERMINATION OF LEASE AGREEMENT AND
RELEASE OF TRUST INDENTURE
Grantor under Lease Agreement and City of Riverside,Missouri
Trust Indenture: 2950 N.W.Vivion Road
Riverside,Missouri 64150
Horizons Industrial H,LLC
Grantee under Lease Agreement: c/o NorthPoint Development
6300 N.Revere Drive,Suite 225
Kansas City,Missouri 64151
BOKF,N.A., as Trustee
Grantee under Trust Indenture: 4600 Madison Avenue, Suite 800
Kansas City,Missouri 64112
Attention: Corporate Trust Dept.
Real Property Legal Description: See Exhibit A on page 7
Document Reference: Document No.2012013909 in Book 1197
at Page 710
Date: December 17,2013
Chicago Title Company,LLC
��y3v3W -
TERMINATION OF LEASE AGREEMENT AND
RELEASE OF TRUST INDENTURE
THIS TERMINATION OF LEASE AGREEMENT AND RELEASE OF TRUST
INDENTURE dated as of December 17, 2013 (the "Agreement"), is by and among the CITY OF
RIVERSIDE, MISSOURI, a political subdivision and body corporate organised and existing under the
laws of the State of Missouri (the "City"), HORIZONS INDUSTRIAL II, LLC, a Delaware limited
liability company (the "Company"), and BOKF, N.A., a national banking association with its principal
corporate trust office located in Kansas City,Missouri,as Trustee(the"Trustee").
WITNESSETH:
WHEREAS, the City has heretofore issued its Industrial Revenue Bonds (Horizons Industrial 1I,
LLC Project), Series 2012,in the aggregate principal amount of$13,000,000(the`Bonds"),under a Trust
Indenture dated as of September 14, 2012 (the "Indenture"), between the City and the Trustee, for the
purpose of paying the costs of acquiring, constructing, installing and equipping an approximately 155,000
square foot industrial distribution warehouse facility for the Company for industrial development purposes
(the"Project"), and located on the real property described in EXHIBIT A,which is attached hereto; and
WHEREAS, in connection with the issuance of the Bonds, the City, as lessor, and the Company,
as lessee, entered into a Lease Agreement dated as of September 14,2012 (the"Lease"); and
WHEREAS, the City and the Company caused a Memorandum of Lease Agreement dated as of
September 14, 2012 to be filed for record in the office of the Recorder of Deeds of Platte County,
Missouri on September 18,2012 as Document No. 2012013909 in Book 1197 at Page 710; and
WHEREAS, Section 11.4 of the Lease provides that the Company agrees to purchase, and the
City agrees to sell, the Project for the sum of$100 at the expiration of the Lease Term or following full
payment of the Bonds or provision for payment thereof having been made in accordance with the
provisions of the Indenture; and
WHEREAS, the Bonds have been paid in full, all sums of money due or to become due
according to the provisions of the Indenture have been paid to the Trustee, all liabilities of the Company
under the Lease have been paid, and the City has sold the Project to the Company, pursuant to the terms
of the Lease; and
WHEREAS, the City, the Company and the Trustee hereby acknowledge that all conditions
precedent to the satisfaction and discharge of the Indenture and satisfaction and termination of the Lease
have been complied with in accordance with the provisions thereof and desire to evidence said
satisfaction, discharge and termination;
NOW, THEREFORE, THE CITY, THT, COMPANY AND THE TRUSTEE DO HEREBY
STATE AND DECLARE:
1. That as of the date hereof, all conditions precedent to the satisfaction and discharge of the
Indenture have been complied with in accordance with the terms of the Indenture, the Indenture has been
satisfied and discharged and the property therein described is hereby released from the lien and effect of
the same.
2. That as of the date hereof, the Lease (and the Memorandum of Lease Agreement filed
with respect thereto) is hereby terminated and shall be no further force and effect.
1
3. That as of the date hereof, the property situated in Platte County, Missouri described in
Exhibit A attached hereto is hereby released from the lien and effect of the instruments described in
paragraphs 1 and 2 above.
[Rest of page intentionally left blank]
[Horizons I Termination and Release Agreement] 2
HORIZONS INDUSTRIAL H,LLC,
a Delaware limited liability company,
By: NORTHPOINT HOLDINGS,LLC,
a Missouri limited liability company,
a member
By:
Name: Nathanie gedorn
Title: Managing ember
ACKNOWLEDGMENT
STATE OF MISSOURI )
)ss.
COUNTY OF Nth-ie )
On this I-I*" day of December, 2013, before me, appeared Nathaniel Hagedorn, to me
personally known, who being duly sworn, did say that he is the Managing Member of NorthPoint
Holdings, LLC, a Missouri limited liability company, a member of HORIZONS INDUSTRIAL II,
LLC, a Delaware limited liability company (the "Company"), and that the foregoing instrument was
signed for the purposes therein contained on behalf of the Company and by authority of the Company;
and he further acknowledged said instrument to be the free act and deed of the Company.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year first above written.
a.� e
No Public
L246plif, �
Printed Name
My Commission Expires: Nrclaz, o1zJ LIZABETH R. KNOPF
Notary Public-Notary Seal
STATE OF MISSOURI
Clay County
My Commission Expires Mar. 28, 2014
Commission # 10521575
[Horizons I Termination and Release Agreement] 4
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed
by their duly authorized signatories,all as of the day and year first above written.
CITY OF RIVERSIDE,MISSOURI
[SEAL]
By: G6)- &Lt./
Name: Kathleen L. Rose
Title: Mayor
ATTEST:
By:
Name: Robin Littrell
Title: City Clerk
ACKNOWLEDGMENT
STATE OF MISSOURI )
) SS.
COUNTY OF PLATTE )
On this r] day of December, 2013, before me, the undersigned, a Notary Public, appeared
KATHLEEN L. ROSE and ROBIN LITTRELL, to me personally known, who, being by me duly
sworn, did say that they are the Mayor and City Clerk of the CITY OF RIVERSIDE, MISSOURI, and
that the seal affixed to the foregoing instrument is the corporate seal of said City, and that said instrument
was signed and sealed by authority of its Board of Aldermen, and said officers acknowledged said
instrument to be executed for the purposes therein stated and as 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.
.ee/
Name: ,(-a.�� �
Notary Public in and for said ate
(SEAL)
My Commission Expires: . x"vcpe.0 \Tj ZAS
Commission#11277184
Platte County
-F MIS- ,\\\,-yo^
�;Ss'On Expires,1
[Horizons I Termination and Release Agreement] 3
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 whol -owned affiliate and
au -d r.pres�tive
By.� �
//Ii_
Nam= "� • a sic'
Tit;. N>' agint Iir-
(corporate seal)
Attest: - e-->J N
Name: Da* .Kn,y«h,
Title: Assistant Secretary
ACKNOWLEDGMENT
STATE OF WISCONSIN )
)ss.
COUNTY OF MILWAUKEE )
On this 31 day of December, 2013, before me, appeared M P. V.usi cL and
banial C. riu ► , to me personally known, who being duly sworn, did say and each
for himself did say that the said Hiclt.,e4 P. t„sic . is the Managing Director and
1baCt�01 C- rA is the Assistant Secretary of Northwestern Mutual Real
Estate Investments, LLC, on behalf of The Northwestern Mutual Life Insurance Company, a Wisconsin
corporation, a member of HORIZONS INDUSTRIAL II, LLC, a Delaware limited liability company
and that said instrument was signed and sealed in behalf of said limited company, and the said
l ►2i d P. Cu. and Dar►ie-'t ( . eniffik acknowledged said
instrument to be the free act and deed of said limited liability company.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year first above written.
Notary Public
'Donn._ L . Le-mancz/k
Printed Name
My Commission Expires: Su tt ct, zoo
DONNA L.LEMANCZYK
NOTARY PUBLIC
STATE OF WISCONSIN
5
BOKF,N.A.,as Trustee
By:
Nam . Ken J. otson
Title: Vice President
(SEAL)
ACKNOWLEDGMENT
STATE OF MISSOURI )
) SS.
COUNTY OF JACKSON )
On this /$ 'day of December, 2013,before me,the undersigned, a Notary Public in and for said
State, personally appeared Ken J. Dotson, to me personally known, who, being by me duly sworn, did
say that he is a Vice President of BOKF,N.A., a national banking association, and that the seal affixed to
the foregoing instrument is the corporate seal of said bank, and that said instrument was signed and
sealed in behalf of said bank by authority of its board of directors, and said individual acknowledged said
instrument to be the free act and deed of said bank.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my notarial seal the
day and year last above written.
JANET J.FYKE
Notary Public•Notary Sea'
STATE OF MISSOURI G\tLc--
Clay County
Commission#11263263 Pub c—State of Missouri
My Commission Expires November 2,2015
A
[SEAL]
My appointment expires )11/04+'bG4 Z, Z®/S
6
Exhibit A
LEGAL DESCRIPTION
All of the following property located in Platte County,Missouri:
All of Lot 1, RIVERSIDE HORIZONS EAST FIRST PLAT, a subdivision in Riverside, Platte
County, Missouri, according to the recorded plat thereof, recorded March 9, 2012, as Document
No.2012003467,in Plat Book 21 at Page 10.
7
IMAGED