HomeMy WebLinkAbout1407 Amended Redevelopment Agreement Briarcliff Development Company West Platte Road Redevelopment Plan BILL NO. 2015-036 ORDINANCE NO. A0 7
AN ORDINANCE APPROVING THE AMENDED AND RESTATED
REDEVELOPMENT AGREEMENT WITH BRIARCLIFF
DEVELOPMENT COMPANY IN CONNECTION WITH THE WEST
PLATTE ROAD REDEVELOPMENT PLAN, AND APPROVING
OTHER ACTIONS RELATING THERETO
WHEREAS, pursuant to the Real Property Tax Increment Financing Allocation
Redevelopment Act, Section 99.800 to 99.865 of the Revised Statutes of Missouri, as
amended, the Tax Increment Financing Commission of Riverside, Missouri did
recommend, after a public hearing on May 23, 2007 and pursuant to Resolution 2007-05-
02 adopted May 23, 2007, and the Board of Aldermen of the City did approve, pursuant
to Ordinance 2007-69 adopted July 3, 2007, the "West Platte Road Redevelopment Plan"
(the "Redevelopment Plan"); and
WHEREAS, pursuant to Ordinance No. 2007-90 adopted August 14, 2007, the
City and Briarcliff Development Company, as developer, entered into that certain
Redevelopment Agreement dated August 14, 2007 relating to implementation of the
Redevelopment Plan; and
WHEREAS, the Redevelopment Agreement was amended by that certain First
Amendment to Redevelopment Agreement dated the 4th day of August, 2009, by that
certain Second Amendment to Redevelopment Agreement dated December 22, 2009, and
by that certain Third Amendment to Redevelopment Agreement dated January 7, 2014;
and
WHEREAS, the City and Briarcliff desire to amend certain terms in the
Redevelopment Agreement as amended by and set forth in the First, Second, and Third
Amendments to Redevelopment Agreement.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF
ALDERMEN OF THE CITY OF RIVERSIDE,MISSOURI, AS FOLLOWS:
Section 1. The Amended and Restated Redevelopment Agreement, in
substantially the form attached hereto as Exhibit A (with such changes, additions and
deletions as may be approved by the officer executing such document, such execution
being conclusive proof of such approval), the execution and delivery of such Agreement,
and the performance of the City's obligations thereunder are approved. The Mayor is
authorized and directed to execute and deliver such Agreement on behalf of the City.
Section 2. The Mayor, the City Clerk and other officers and agents of the City
are hereby authorized and directed to execute all documents and take such steps as they
deem necessary and advisable in order to carry out and perform the intent of this
Ordinance.
Section 3. This Ordinance shall take effect immediately upon passage.
PASSED AND ADOPTED by the Board of Aldermen of the City of Riverside,
Missouri this 29h day of April, 2015.
L •' Kathleen L. Rose, Mayor
ATTEST:
Jamal]
le
Robin Littrell, tity Clerk
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Exhibit A
Amended and Restated Redevelopment Agreement
AMENDED AND RESTATED REDEVELOPMENT AGREEMENT
THIS AMENDED AND RESTATED REDEVELOPMENT AGREEMENT ("Agreement")
is made and entered into as of this 29th day of April, 2015, by and between the CITY OF RIVERSIDE,
MISSOURI (the "City"), a city and political subdivision duly organized and existing under the laws of
the State of Missouri, and BRIARCLIFF DEVELOPMENT COMPANY, (the "Developer"), a
Missouri S-Corporation.
RECITALS
A. The Tax Increment Financing Commission of Riverside, Missouri ("TIF Commission")
was created pursuant to Ordinance No. 95-64, adopted by the Board of Aldermen of Riverside, Missouri
(the "Board of Aldermen") on September 12, 1995 in accordance with the Real Property Tax Increment
Allocation Redevelopment Act, Sections 99.800 through 99.865 of the Revised Statutes of Missouri, as
amended(the"TIF Act").
B. On May 23, 2007 following a public hearing held on that date, in accordance with the
TIF Act, the TIF Commission adopted a resolution approving the redevelopment plan known as the West
Platte Road Redevelopment Plan (the "Redevelopment Plan") and recommending that the Board of
Aldermen: (1) approve the Redevelopment Plan; and (2) approve and designate the Redevelopment Area
as a"redevelopment area"as provided in the TIF Act.
C. On July 3, 2007 after due consideration of the TIF Commission's recommendations, the
City adopted: (I) Ordinance No. 2007-69 designating the Redevelopment Area as a "redevelopment
area" as provided in the TIF Act, approving the Redevelopment Plan, and approving the redevelopment
projects described in the Redevelopment Plan, adopting tax increment allocation financing for the
Redevelopment Project I and Redevelopment Project 6, and establishing the Special Allocation Fund;
and (2) Ordinance No. 2007-90 authorizing the City to enter into a redevelopment agreement with
Developer, such ordinances being collectively, the"TIF Ordinances."
D. The City and the Developer entered into that certain Redevelopment Agreement dated
August 14, 2007 (the "Original Redevelopment Agreement"), and amended it by that certain First
Amendment to Redevelopment Agreement dated the 4th day of August, 2009, by that certain Second
Amendment to Redevelopment Agreement dated December 22, 2009, and by that certain Third
Amendment to Redevelopment Agreement dated January 7,2014.
E. Subsequent to entering into the Original Redevelopment Agreement, the Developer has
constructed i) Redevelopment Project 1 (Linear Park), ii) the public infrastructure for Redevelopment
Project 2(East of Valley residential); and iii)30,000 ftZ of commercial space in Redevelopment Project 6.
F. The parties desire to enter into this Agreement for the primary purposes of i) removing
provisions related to Redevelopment Projects 2, 3, 4, and 5 (the residential projects) from the
Redevelopment Agreement; ii) releasing the City of the obligation to reimburse Developer for public
infrastructure costs associated with Redevelopment Projects 3, 4, and 5; iii) revising the timeframe for
Developer to complete Project 6 and restating the City's remedy if Developer fails to perform; and iv)
limiting the City's obligation to reimburse Developer for redevelopment project costs to amounts that
have already been paid and no more.
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G. This Agreement amends and restates the Original Redevelopment Agreement (as it had
been amended three times) in its entirety and accordingly, upon execution of this Agreement,the Original
Agreement and its three amendments shall be superseded unless otherwise specified herein.
H. The Board of Aldermen hereby determines that the fulfillment generally of this
Agreement is in the best interests of the City, and the health, safety and welfare of its residents, and in
accord with the public purposes specified in the Redevelopment Plan.
1. Pursuant to provisions of the TIF Act and the TIF ordinances, the City is authorized to
enter into this Agreement.
AGREEMENT
Now, therefore, in consideration of the premises and promises contained herein and other good
and valuable consideration, the adequacy and sufficiency of which are hereby acknowledged, and parties
agree as follows:
ARTICLE I
DEFINITIONS
1.1. Definitions
As used in this Agreement,the following words and terms shall have the following meanings:
"Agreement" means this Amended and Restated Redevelopment Agreement.
"Approving Ordinance" means Ordinance No. 2007-69, designating the Redevelopment Area,
approving the Redevelopment Plan, approving the Redevelopment Projects, adopting tax increment
allocation financing for the Redevelopment Project 1 and Redevelopment Project 6 and establishing the
Special Allocation Fund.
"Board of Aldermen"means the Board of Aldermen of the City.
"City" means the City of Riverside, Missouri, a city and political subdivision duly organized and
existing under the laws of the State of Missouri.
"Construction Plans" means plans, drawings, specifications and related documents, and
construction schedules for the construction of the TIF Work, together with all supplements, amendments
or corrections, submitted by the Developer and approved by the City in accordance with and as required
by this Agreement.
"Developer"means Briarcliff Development Company,a Missouri S-Corporation,or it's permitted
successors or assigns in interest.
"EATSAccount"means the Economic Activity Tax Account in the Special Allocation Fund.
"Economic Activity Taxes" or "EATS" shall have the meaning ascribed to such term in Section
99.805 of the TIF Act but excluding the County's dedicated parks sales tax and the County's dedicated
special road sales tax.
"Finance Ofcer'means the Finance Director of the City or her authorized agent.
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"Governmental Approvals" means all plat approvals, re-zoning or other zoning changes, site plan
approvals, conditional use permits, variances, building permits, or other subdivision zoning, or similar
approvals required for the implementation of the Redevelopment Projects related to the Redevelopment
Area and consistent with the Redevelopment Plan and this Agreement.
"Inducement Resolution"means Resolution 2007-06 passed by the Board of Aldermen of the City
on May 2, 2007 inducing the Developer, at its sole risk,to proceed to implement the Redevelopment Plan
even though not all conditions precedent may have been met so that such implementation will not result
in the disallowance of any otherwise valid Redevelopment Project Cost.
"Linear Parl:'means the public park,water feature,and monument sign along West Platte Road.
"Municipal Revenues" means, while the Redevelopment Plan remains in effect and, subject to
annual appropriation, the total additional revenue (excluding Payments In Lieu Of Taxes and economic
Activity Taxes)appropriated by the City for payment of Reimbursable Project Costs.
"Municipal Revenues Account" means the account by that name created in Section 6.1 of this
Agreement.
"Payments in Lieu of Taxes" or "PILOTS" means payments in lieu of taxes as defined in Section
99.805 of the TIF Act.
"PILOTS Account"means the PILOTS Account in the Special Allocation Fund.
"Property" means the real property comprising Redevelopment Project 6 described in Exhibit A,
attached hereto and incorporated herein by reference.
"Redevelopment Area" means the real property described in Exhibit B, attached hereto and
incorporated herein by reference, comprising approximately 64 acres of land.
"Redevelopment Plan" means the plan titled "West Platte Road Redevelopment Plan" as
approved by the City on July 3, 2007, pursuant to Ordinance No. 2007-69, as such plan may from time to
time be amended in accordance with the TIF Act.
"Redevelopment Project I" means the demolition of the dilapidated commercial structures,
removal of the mobile homes as well as the construction of the Linear Park along W. Platte Road,
including landscaping, sodding, irrigation, lake construction, fountain, trails, acquisition of property,
monument entry signs for the City of Riverside, and monument entry signs to the neighborhoods
including the existing Indian Hill's subdivision and relocations, the cost of such work and improvements
being estimated at approximately$2.3 million.
"Redevelopment Project 6" means the construction of the Commercial Phase: approximately
75,000 sq. ft. of high quality commercial buildings with a total estimated Redevelopment Project Costs of
$15,000,000.
"Redevelopment Project Costs" shall have the meaning ascribed to such term in Section
99.805(14)of the TIF Act.
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"Reimbursable Project Costs" means those Redevelopment Project Costs which were identified
in Amended Exhibit E of Second Amendment to Redevelopment Agreement, plus Financing Costs, and all
Redevelopment Project Costs incurred by the City and the TIF Commission.
"Relocation Plan" means the relocation plan of the City for the Redevelopment Area as contained
in the Redevelopment Plan, in conformity with the TIF Act.
"Special Allocation Fund" means the City of Riverside, Missouri, West Platte Road Special
Allocation Fund created by the Approving Ordinance, including a PILOTS Account, and EATS Account,
and a Municipal Revenues Account.
"TIF Act" means the Real Property Tax Increment Allocation Redevelopment Act, Sections
99.800 through 99.865 of the Revised Statutes of Missouri,as amended.
"TIF Commission" means the Tax Increment Financing Commission of the City of Riverside,
Missouri.
"TIF Revenues"means: (1) Payments in Lieu of Taxes; and(2)Economic Activity Taxes.
"TIF Work" means all work necessary to prepare the Redevelopment Project Area and to
construct or cause the construction of the Redevelopment Project I and Redevelopment Project 6 as
specifically described in the Redevelopment Plan and this Agreement including, but not limited to: (1)
property acquisition; (2)architectural,engineering, soil and surveying; (3)demolition and site preparation
including without limitation site re-grading and excavation and environmental remediation; (4)
construction or re-construction of utilities improvements, including water distribution and service
facilities, sanitary sewers, roads, stormwater improvements, and electrical service facilities and street
lights; (5) construction of a commercial development consisting of approximately 75,000 square feet of
high-end commercial space and all associated landscaping and parking areas; (6) construction of a Linear
Park including, but not limited to, grading, retaining walls, lake areas, trails, water features, City signage,
monument signage for the project including monument entry signs to the existing Indian Hill's
neighborhood; and(7) irrigation, sprinkler systems,trees, landscaping and sod.
1.2.Other Definitions
Any work or term not defined herein shall have the meaning ascribed to such term in the
Redevelopment Plan.
ARTICLE II.
SELECTION OF DEVELOPER
2.1. Developer Designation.
The City hereby continues its designation of Developer to perforin or cause the construction of
the Redevelopment Project I (as it relates to the maintenance of Linear Park as provided in Section
3.4(c)), and Redevelopment Project 6, namely the performance of the TIF Work, all in accordance with
the Redevelopment Plan,this Agreement, and all Governmental Approvals.
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ARTICLE III.
CONSTRUCTION OF REDEVELOPMENT PROJECTS
3.1. Acquisition of Property.
Developer represents that, as of the date of this Agreement, Developer owns a fee interest in all of
the undeveloped Property in the non-critical area of Redevelopment Project 6.
3.2. Condemnation.
As of the date of this Agreement, it is not anticipated that the use of eminent domain will be
necessary to acquire any portion of the real property in the Redevelopment Area.
3.3. Reserved.
3.4. Developer to Construct the Redevelopment Projects,Required Approval.
(a) Developer to Construct Linear Park. The Developer has constructed and equipped the
Linear Park pursuant to plans approved by the City.
(b) Reserved.
(c) Maintenance. The Developer may incur certain maintenance costs for the Linear Park.
Such costs may be submitted to the City for reimbursement as a redevelopment project cost, or,
notwithstanding any other provision of this Agreement that may be to the contrary, such costs may be
reimbursed by the City from any other available public funds; provided that in either situation, such costs
shall be reimbursed only to the extent approved by the City and to the extent the aggregate total of all
such reimbursed maintenance costs are less than$45,000.
(d) Projects One and Six. The Developer has constructed Redevelopment Project 1. The
Developer shall construct Redevelopment Project 6 in an expeditious manner.
(1) Project 1. Project 1 is completed.
(2) Project 6. The Developer shall diligently pursue the design and construction of
Redevelopment Project 6 to completion.
(i) Critical Area Project. With respect to the portion of Redevelopment
Project 6 to be located with three hundred(300)feet of the L-385 Levee Project("Critical
Area Project"), such Critical Area Project has been completed.
(ii) Non-critical Area Project. With respect to the remainder of
Redevelopment Project 6, which is not to be located with the three hundred (300) feet of
the L-385 Levee ("Non-critical Area Project'), construction of the Non-critical Area
Project shall be completed no later than December 31, 2019, absent an event of force
majeure. In the event of any delay caused by an event of force majeure, including market
conditions, Developer shall be granted additional time to complete the Non-critical Area
Project; provided that regardless of force majeure, the Non-critical Area Project must be
completed by December 31, 2020. If Developer has obtained a building permit for the
required square footage and financing by this date and has started construction, this date
shall then be extended to July 1, 2021.
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(e) Reserved.
(f) Insurance. Prior to the commencement of construction of any portion of the
Redevelopment Project 6, the Developer shall obtain or shall require that any of its contractors obtain
workers' compensation, comprehensive public liability, and builder's risk insurance coverage in amounts
customary in the industry for similar type projects or as otherwise required by City ordinances. The
Developer shall require that such insurance be maintained by any of its contractors for the duration of the
construction of such work. The Developer shall cause to be obtained and maintained throughout the
entire period of construction liability insurance with respect to all public improvements. The City shall be
named additional insured on each such policy.
(g) Prevailing Wage. To the extent that laws pertaining to prevailing wage and hour apply
to any portion of the work, the Developer agrees to cooperate and take all actions necessary to apply for
the wage and hour determinations and otherwise comply with such laws. However, outside of the laws
pertaining to prevailing wage and hour the City is making no additional requirement to perform the work
using wage and hour requirements.
3.5. Governmental Approvals and Grading Permit.
The Developer shall, at its sole cost and expense, obtain or cause to be obtained all Governmental
Approvals required for the TIF Work. Redevelopment Project 6 shall be constructed in accordance with
the City building code and all applicable Governmental Approvals.
3.6. Planned District,Construction Plans,Changes.
Redevelopment Project 6 shall be constructed as a planned district pursuant to City ordinances.
The Construction Plans shall be prepared by a professional engineer or architect licensed to practice in the
State of Missouri and the Construction Plans and all construction practices and procedures with respect to
all work shall be in conformity with all applicable state and local laws, ordinances, and regulations.
During the progress of the work, the Developer may make such reasonable changes as site conditions,
market conditions or orderly development may dictate provided the general character of Redevelopment
Project 6 is not materially changed and provided that each such change is in furtherance of the general
objectives of the Redevelopment Plan; provided that (a) the Developer shall comply with all laws,
regulations, and ordinances of the City and (b) prior to any material changes to any Redevelopment
Project, the Developer shall obtain the advance written consent of the City, which consent shall not be
unreasonably withheld, conditioned or delayed.
3.7. Rights-of-Way and Easements
(a) Utility Easements. At the request of the City, the Developer agrees to transfer and
convey to the appropriate utility provider any and all utility easements necessary or desirable for
Redevelopment Project 6. All such transfers and conveyances shall be without cost or expense to the
City.
(b) City Rights-of-Way and Easements. At the request of the City,the Developer agrees to
transfer and convey to the City any and all rights-of-way and easements necessary or desirable for
Redevelopment Project 6. All such transfers and conveyances shall be without cost or expense to the
City.
3.9. Owners/Tenant Selection.
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(a) Tax-Exempt Owners. The Developer will ensure that not more than 7.5% of
Redevelopment Project 6 is sold or leased to entities exempt from ad valorem taxation.
(b) Tenants. The Developer will give consideration in tenant selection to any tenant who
will produce a higher volume of sales taxes for the City, all other economic terms and conditions being
equal. However, the City recognizes that most of the commercial tenants will likely be office tenants and
will not generate any substantial amount of sales tax, if any sales tax at all.
ARTICLE IV.
REIMBURSEMENT OF REIMBURSABLE PROJECT COSTS
4.1. City's Obligation to Pay or Reimburse Developer.
The City shall not have any further obligation to pay or reimburse Developer for any
Reimbursable Project Costs related to any Project, except as may otherwise be provided in Section 3.4(c).
The City has previously reimbursed the Developer$2,944,500 for Reimbursable Project Costs associated
with Project 1 ($2,040,000) and Project 6 ($904,500). The Developer hereby specifically acknowledges
and agrees that it waives any claim to reimbursement in the amount of $385,500 related to
Redevelopment Project 6 as was provided in the Amended Exhibit E to the Second Amendment to
Redevelopment Agreement. The City shall be entitled to receive 100% of all future TIF Revenues to
reimburse itself for reimbursements it has made to Developer related to Redevelopment Projects I and 6.
ARTICLE V.
NEIGHBORHOOD IMPROVEMENT DISTRICTS
5.1. Existing Neighborhood Improvement Districts
(a) Generally. Pursuant to Article V of the Original Redevelopment Agreement, two
Neighborhood Improvement Districts were created: i) Briarcliff Professional Plaza NID, and ii) Briarcliff
Hills— East of Valley NID. Pursuant to Ordinance 1028 adopted August 31, 2010,the City confirmed the
levying of the special assessments for the Briarcliff Professional Plaza NID. Pursuant to Ordinance 1029
adopted August 31, 2010, the City confirmed the levying of the special assessments for the Briarcliff
Hills—East of Valley NID.
(b) Cooperative Covenants to Be Placed in All Contracts of Sale. The Developer shall
continue to include (as provided in Section 5.7 of the Original Redevelopment Agreement), in all of its
contracts relating to all or any portion of property subject to these NIDs, a provision providing
notification of the creation of a NID and the imposition of NID assessments against such property. The
provision shall further require the transferee of the property to cooperate in all matters relating to the NID
and the NID assessments. Such provision will also include a requirement that all documents relating to
any further transfers of the property contain the same provisions.
(c) Waiver. The Developer affirms (as contained in Section 5.9 of the Original
Redevelopment Agreement) its waiver of the right to file suit to set aside the NID assessments or
otherwise question the validity of the proceedings relating thereto.
ARTICLE VI.
SPECIAL ALLOCATION FUND;
COLLECTION AND USE OF TIF REVENUES
6.1. Creation of Special Allocation Fund.
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There has been created and the City agrees to cause its Finance Officer to maintain the special
Allocation Fund, including a "PILOTS Account," and "EATS Account," and a "Municipal Revenues
Account,"and such further accounts or sub-accounts as are required by this Agreement.
6.2. Cooperation in Determining TIF Revenues.
The Developer will cooperate with the City in connection with the determination and payment of
TIF Revenues. The Developer (or its successor(s) in interest as an owner or owner(s) of any portion of
the Redevelopment Project Area 6) shall require each "seller" (as that term is defined in Section
144.010(11) of the Missouri Revised Statues, as amended) located within the Redevelopment Project
Area 6 to provide to the Finance Officer of the City the following information:
(i) Each "seller's"federal and state tax identification numbers.
(ii) If applicable, with thirty (30) days of filing, copies of all sales tax returns filed
with the Missouri Department of Revenue (on Form 53-S.F. Missouri
Department of Revenue or such successor form) with respect to the sales taxes
originating from businesses located within the Redevelopment Project Area. In
the event that a "seller" has multiple business operations within the City, such
"seller"shall file separate sales tax returns for the sales taxes originating from the
business located within the Redevelopment Project Area.
The Developer (or its successor(s) in interest as an owner or owner(s) of any portion of the
Redevelopment Project Area 6) shall also request any purchaser or transferee of real property and any
lessee or other user of real property located within the Redevelopment Project Area 6 to designate sales
subject to sales taxes pursuant to Chapter 144 of the Revised Statues of Missouri, as amended, to be
reported as originating from the Redevelopment Project Area 6 to the fullest extent permitted by law
(including reasonable efforts to negotiate for the inclusion of a clause so providing in the leases of the
Redevelopment Project Area 6). The Developer shall satisfy this requirement by including the
obligations set forth in this Section within any deed conveying a portion of the Redevelopment Project
Area 6 to, or any lease entered into with,any"seller."
6.3. Obligation to Report TIF Revenues.
The Developer shall cause any purchaser or transferee of real property located within
Redevelopment Project 6, and any lessee or other user of real property located within Redevelopment
Project 6 required to pay TIF Revenues, to use all reasonable efforts to timely fulfill such obligations as
are required by Section 6.2 of this Agreement. Until the expiration or termination of the West Platte Road
Redevelopment Plan, the Developer shall cause such obligations to be covenants running with the land,
which covenants shall be enforceable as if such purchaser, transferee, lessee, or other user of such real
property were originally a party to and bound by this Agreement.
6.4. Reserved.
6.5. Transfers/Notice to City of Transfer.
The Developer will ensure that not more than 7.5% of usable building space of Redevelopment
Project 6 is sold or leased to entities exempt from ad valorem taxation. The fee title to the Property for
Redevelopment Project 6 shall not be sold, transferred or otherwise disposed of, whether voluntarily,
involuntarily or by operation of law, without the prior written approval of the City, which approval shall
not be unreasonably withheld provided the Developer demonstrates, to the satisfaction of the City, that
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the proposed transferee has the experience and financial capability to undertake and complete such
portions of the work and perform the Developer's obligations under this Agreement, all in accordance
with this Agreement and such proposed transferee assumes, in a writing acceptable to the City, all such
obligations. The Developer agrees to notify the City in writing of any such proposed sale, transfer, or
other disposition. Said notice shall specify the name and address of the person to be acquiring any or all
of the Property or any interest therein and shall identify the Property to be sold, transferred, or otherwise
disposed,whether by voluntary transfer or otherwise.
ARTICLE VII.
GENERAL PROVISIONS
7.1. Liquidated Damages.
If Developer fails to construct at least 25,000 ftZ of additional office/commercial space in
Redevelopment Project 6 by the timeframe specified in Section 3.4(d)(2)(ii), then Developer shall pay to
the City as liquidated damages the amount of $750,000.00. Developer's failure to timely complete
Redevelopment Project 6 results in less TIF Revenues over the life of the Redevelopment Plan, which in
turn damages the City by limiting the opportunity for it to be fully reimbursed for Reimbursable Project
Costs that the City paid to Developer. Any such damage to the City arising from Developer's failure to
timely complete Redevelopment Project 6 would be very difficult of accurate estimation. The liquidated
amount to which the parties have agreed herein is intended as compensation and is not intended as
punishment. If this $750,000.00 is assessed by the City and paid by the Developer, the Developer shall
then be released from all remaining obligations under this Agreement.
7.2. Successors and Assigns.
(a) Binding Effect. This Agreement shall be binding on and shall insure to the befit of the
parties named herein and their permitted successors and assigns.
(b) Assignment or Sale. The rights, duties and obligations of the Developer under this
Agreement with respect to Redevelopment Project 6 shall not be assigned in whole or in part without the
prior written approval of the City, which approval shall not be unreasonably withheld provided the
Developer demonstrates, to the satisfaction of the City, that the proposed assignee has the experience and
financial capability to undertake and complete such portions of the Work and perform the Developer's
obligations under this Agreement, all in accordance with this Agreement and such proposed assignee
assumes, in a writing acceptable to the City, all such obligations. This City shall respond in writing to
any request for consent under this paragraph within thirty (30) days after submittal of the same to the
City. In the event that the City proposed to withhold or condition its consent with respect to any such
request,the City shall specify its reasons in writing to the Developer with its response.
7.3. Remedies.
The rights and remedies under this Agreement are cumulative and are in addition to and not in
substitution for any other rights and remedies available at law or in equity or otherwise, except to the
extent expressly provided in Section 7.1 with respect to Developer's failure to construct at least 25,000 ft2
of additional office/commercial space in Redevelopment Project 6 by the timeframe specified in Section
3.4(d)(2)(ii).
7.4. Force Majeure.
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Except as otherwise expressly provided herein, neither the City nor the Developer shall be
considered in breach or default of their respective obligations under this Agreement, and the times for
performance of obligations hereunder shall be extended in the event of any delay caused by force
majeure, including damage or destruction by fire or casualty; strike; lockout; civil disorder; war; acts of
God; unusually adverse weather conditions; or other like causes beyond the parties' reasonable control;
provided that the Developer notifies the City in writing within thirty (30) days of the commencement of
such claimed event of force majeure.
7.5. Notices.
Any notices, demands,consents, approvals and other communications required by this Agreement
to be given by either party hereunder shall be in writing and shall be hand delivered or sent by United
States first class mail, postage prepaid, addressed to the appropriate party at its address set forth below,or
at such other address as such party shall have last designated by notice to the other. Notices, demands,
consents, approvals, and other communications shall be deemed given when delivered or three days after
mailing; provided, however that if any such notice or other communication shall also be sent by telecopy
or fax machine, such notice shall be deemed given at the time and on the date of machine transmittal if
mailed or courier delivered notice or communication.
In the case of the Developer,to:
Briarcliff Development Company
Attn: Richie Benninghoven
1300 NW Briarcliff Pkwy, Suite 250
Kansas City, Missouri 64116
Telephone: (816) 741-8540
Fax: (816)746-5138
With a copy to:
Michael T. White
White Goss
4510 Belleview
Kansas City, MO 64111
Telephone: (816) 753-9200
Fax: (816)753-9201
In the case of the City,to:
City of Riverside, Missouri
City Hall
2950 NW Vivion Road
Riverside, Missouri 64150
Attention: City Administrator
Telephone: (816)741-3993
Fax: (816) 746-8349
With a copy to:
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Williams&Campo, P.C.
400 SW Longview Blvd., Suite 210
Lee's Summit, Missouri 64081
Attention: Paul A. Campo
Telephone: (8 16) 524-4646
Fax: (816)524-4645
7.6. Conflict of Interest.
No member of the Board of Aldermen, the TIF Commission, or any branch of the City's
government who has any power of review or approval of any of the Developer's undertakings, or of the
City's contracting for goods or services for the Redevelopment Area, shall participate in any decisions
relating thereto which affect that member's personal interests or the interests of any corporation or
partnership in which that member is directly or indirectly interested. Any person having such interest
shall immediately, upon knowledge of such possible conflict, disclose, in writing, to the Board of
Aldermen the nature of such interest and seek a determination by the Board of Aldermen with respect to
such interest and, in the meantime, shall not participate in any actions or discussions relating to the
activities herein prescribed.
7.7. Inspection.
The Developer shall allow authorized representatives of the City reasonable access to the Work
site from time to time upon reasonable advance notice prior to the completion of the work for reasonable
inspection thereof under this Agreement. The Developer shall not unreasonably deny the City and its
architectural, engineering, demolition, construction and other contracts and documents pertaining to the
construction of the Work as the City determines is reasonable and necessary to verify the Developer's
compliance with the terms of this Agreement. This section shall not be construed to limit, in any way,the
rights of the City to inspect and to enter property pursuant to City ordinances.
7.8. Choice of Law.
This Agreement shall be taken and deemed to have been fully executed, made by the parties in,
and governed by the laws of State of Missouri for all purposes and intents (without regard to conflict of
law statutes).
7.9. Entire Agreement; Amendment.
The parties agree that this Agreement constitutes the entire agreement between the parties and
that no other agreements or representations other than those contained in this Agreement have been made
by the parties. This Agreement shall be amended only in writing signed by the parties.
7.10. Counterparts.
This Agreement may be executed in multiple counterparts, each of which shall constitute one and
the same instrument.
7.11. Severability.
In the event any term or provision of this Agreement is held to be unenforceable by a court of
competent jurisdiction,the remainder shall continue in full force and effect,to the extent of the remainder
can be given effect without the invalid provision.
11
7.12. Representatives Not Personally Liable.
All covenants, stipulations, promises, agreements and obligations of the City contained herein
shall be deemed to be the covenants, stipulations, promises, agreements and obligations of the City and
not of any of its governing body members, officers, agents, attorneys, employees or independent
contractors in their individual capacities. No governing body member, officer, agent, attorney, employee
or independent contracts shall be personally liable to the Developer in the event of any default or breach
by the City under this Agreement, or for any amount which may become due from the City under the
terms of this agreement.
7.13. Release and Indemnification.
The indemnification provisions and covenants contained in this Section shall survive termination
or expiration of this Agreement.
(a) The City and its governing body members, officers, agents, attorneys, employees and
independent contractors shall not be liable to the Developer for damages or otherwise in the event that all
or any part of the TIF Act, or any ordinance adopted in connection with either the TIF Act, this
Agreement, or the Redevelopment Plan, is declared invalid or unconstitutional in whole or in part by the
final (as to which all rights of appeal have expired or have been exhausted)judgement of any court of
competent jurisdiction, and by reason thereof either the City is prevented from performing any of the
covenants and agreements herein or the Developer is prevented from enjoying the rights and privileges
hereof.
(b) The Developer releases from and covenants and agrees that the City and its governing
body members, officers, agents, attorneys, employees and independent contractors shall not be liable for,
and agrees to indemnify and hold harmless the City, its governing body members, officers, agents,
attorneys, employees and independent contractors against any and all claims, demands, liabilities and
costs, including reasonable attorneys' fees, costs and expenses, arising from damage or injury, actual or
claimed (excluding consequential and punitive damages), to persons or property occurring or allegedly
occurring as a result of any negligent or malicious acts or omissions of the Developer, its officers, agents,
attorneys, employees and independent contractors, in connection with its or their activities conducted
redevelopment and construction of any Redevelopment Project.
7.14. Survival.
Notwithstanding the early expiration of this Agreement or its termination by the City as allowed
herein, the provisions contained in Section 5.1, Article V and the provisions contained Articles VI, VII
and VIII of this Agreement shall, except as otherwise expressly set forth herein, survive such early
expiration or early termination of this Agreement.
7.15. Recording.
This Agreement shall be recorded in the Platte County Recorder's Office.
7.16.Maintenance of the Property.
The Developer shall remain in compliance with all provisions of the City's ordinances relating to
maintenance and appearance of the Property during the construction of Redevelopment Project 6 or any
portion thereof. Upon substantial completion of the Redevelopment Project 6 and so long as the
12
Redevelopment Plan is in effect, the Developer or its successor(s) in interest, as owner or owners of the
affected portion(s) of the Property, shall, during the remainder of the term of this Agreement, maintain or
cause to be maintained the buildings and improvements within the Redevelopment Project 6 which it
owns in a good state of repair and attractiveness and in conformity with applicable state and local laws,
ordinances during the term of this Agreement, each owner or lessee as a successor in interest to the
Developer shall maintain or cause to be maintained the buildings and improvements on its parcel in a
good state of repair and attractiveness and in conformity with applicable state and local laws ordinances
and regulations.
7.17. Cooperation.
The parties shall lend friendly assistance and use all reasonable efforts to cooperate in the
performance of their responsibilities under this Agreement.
ARTICLE VIII.
REPRESENTATIONS OF THE PARTIES
8.1. Representation of the City.
The City hereby represents and warrants that it has full constitutional and lawful right, power and
authority, under current applicable law, to execute and deliver and perform the terms and obligations of
this Agreement, and all of the foregoing has been duly and validly authorized and approved by all
necessary City proceedings, findings and actions. Accordingly, this Agreement constitutes the legal,
valid and binding obligation of the City, enforceable in accordance with its terms.
8.2. Representations of the Developer.
The Developer hereby represents and warrants it has full power to execute and deliver and
perform the terms and obligations of this Agreement and all of the foregoing has been duly and validly
authorized by all necessary corporate proceedings. This Agreement constitutes the legal, valid and
binding obligation of the Developer,enforceable in accordance with its terms.
[The remainder of this page is left intentionally blank.]
13
"CITY":
CITY OF RIVERSIDE,
oER,S'I,DE,1, MISSOURI
By:
Kat leen L. Rose, Mayor
P (n
- w
[SEAL]
Atte . o
Robin Littrell,City Clerk
STATE OF MISSOURI )
SS
COUNTY OF PLATTE )
On this Z�kday of l 2015, before me appeared 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 political subdivision of the State of Missouri, and that the seal affixed to the
foregoing instrument is the seal of said City, and said instrument was signed and sealed in behalf of said
City by authority of its Board of Aldermen, and said individual acknowledged said instrument to be 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.
R0 INLUTTRU Notary Public
-1V*
MyCamolsems
[SEAL] =•• ••_= Mmch9.2DI9
2019
SEN . CIa9COWH
f Cam ilift#15390631
My Commission Expires:
14
"DEVELOPER":
BRIARCLIFF DEVELOPMENT COMPANY
By:
Pre si
STATE OF MISSOURI )
(�
) SS
COUNTY OF -PIaA�e- )
On this 16P day of 2015, before me appeared
iS c� e Berm'�na trove n , to me personally mown, who, being by me duly sworn, did say that he is
the President of BT DEVELOPMENT COMPANY, and that he is authorized to sign the
instrument on behalf of said corporation by authority of its board of directors, and acknowledged to me
that he executed the within instrument as said corporation's act and deed.
IN TESTIMONY WHEREOF, I have hereunto set my hand in the County and State aforesaid,the
day and year first above written.
YP''•,
ROBIN LLnMELL
NOTARY =: MyOmmlaelmE*M
,� SEAL. CMarch 8,2018My Notary Public n
Animisslm�#15390631
[SEAL] �L
My Commission Expires:*C,-,,
15
Exhibit A
Legal Description of Property of Redevelopment Project 6
16
EXHIBIT A
Lot 1, Briarcliff Professional Plaza 7 Ac..
And:
All that part of the existing Missouri State Highway No. 9 right of way lying in the Northwest Fractional ''/,
of Section 10,Township 50 North, Range 33 West, in Riverside, Platte County, Missouri, more
particularly described as follows:
COMMENCING at the northwest corner of the Northwest Fractional % of said Section 10; thence South
00 degrees 28 minutes 50 seconds West, along the west line of the Northwest Fractional %of said
Section 10, 97.44 feet to a point on the north right of way line of said Missouri State Highway No. 9, and
the POINT OF BEGINNING of the tract of land herein and hereby described; thence continue South 00
degrees 28 minutes 50 seconds West, along the west line of the Northwest Fractional ''/<of said Section
10, 32.00 feet; thence South 89 degrees 17 minutes 35 seconds East, 121.76 feet;thence southeasterly,
along a curve to the right, tangent to the last described course, having a radius of 2957.79 feet, an arc
distance of 711.85 feet to a point on the Platte County/Clay County line;thence North 00 degrees 22
minutes 12 seconds East, along the said Platte County/Clay County line, 32.99 feet to the
aforementioned north right of way line of Missouri State Highway No. 9; thence northwesterly, along
the said north right of way line, along a curve to the left, having an initial tangent bearing of North 75
degrees 39 minutes 28 seconds West, a radius of 2989.79 feet, an arc distance of 711.50 feet; thence
North 89 degrees 17 minutes 35 seconds West, along the said north right of way line, 121.88 feet to the
POINT OF BEGINNING.
Exhibit B
Legal Description of Redevelopment Area
17
Legal Description of Redevelopment Area
23-2.0-03-000-003-033(Briarcliff Development Co.)
All of Lot 1,BRIARCLIFF HILLS,a subdivision in Riverside, Platte County,Missouri,
according to the recorded plat thereof.
23-2.0-03-000-003-032(Briarcliff Development Co.)
All of Lot 2, BRIARCLIFF HILLS,a subdivision in Riverside, Platte County, Missouri,
according to the recorded plat thereof.
23-2.0-03-000-003-031 (Briarcliff Development Co.)
All of Lot 3, BRIARCLIFF HILLS,a subdivision in Riverside, Platte County, Missouri,
according to the recorded plat thereof.
23-2.0-03-000-003-030(Briarcliff Development Co.)
All of Lot 4,BRIARCLIFF HII,LS,a subdivision in Riverside, Platte County, Missouri,
according to the recorded plat thereof.
23-2.0-04-400-004-001 (Briarcliff Development Co.)
All of Block A, RENNER PLAZA NO. 3, a subdivision of land in Riverside,Platte County,
Missouri, according to the recorded plat thereof.
23-2.0-04-400-007-001 (part 01)(Briarcliff Development Co.)
The South half of the Northeast Quarter of the Southeast Quarter of Section 4,and all that part of
the Southeast Quarter of the Southeast Quarter of Section 4,Township 50,Range 33, Riverside.
Platte County,Missouri, lying North of the right-of-way of the Kansas City-Clay County and St.
Joseph Railway Company,EXCEPT THE FOLLOWING DESCRIBED TRACT: Beginning on
the East line of said Section 4,where it intersects the North line of the right-of-way of the Kansas
City,Clay County and St.Joseph Railway 582.9 feet North of the Southeast comer of said
Section; thence North 69 degrees 22 minutes West along the North line of said Right-of-Way 379
feet;thence North 56 feet; thence East 354.7 feet to the East line of said Section,thence South
189.6 feet to beginning. Also Except Beginning at a point in the East line of said Section 4,which
is 772.5 feet North of the Southeast comer thereof,thence West 354.7 feet,thence South 56 feet
to a point in the Northerly right-of-way line of the Kansas City-Clay County and St. Joseph
Railway;thence Northwesterly along said Northerly line 334.17 feet,thence North and parallel
with the West line of the Southeast Quarter of the Southeast Quarter of said Section 4, 1130.30
feet to a point in the North line of the South Half of the Northeast Quarter of the Southeast
Quarter of said Section 4,thence East along said North line 670.4 feet to the East line of said
Section 4,thence South along said East line 1186.25 feet to the point of beginning and Except
any part in streets.
23-2.0-04-400-007-001 (part of)(Briarcliff Development Co.)
All that part of the Southeast Quarter of the Southeast Quarter ant that part of the South Half of
the Northeast Quarter of the Southeast Quarter of Section 4,Township 50, Range 33, in
Riverside,Platte County,Missouri,more particularly described as follows: Beginning at a point
in the East line of said Section 4,which is 772.50 feet North of the Southeast Comer thereof,
thence West 203.46 feet,thence Northwesterly along a line which deflects to the right from the
last described course 68 degrees 53 minutes 50 seconds,a distance of 233.45 feet,thence
Westerly along a line that deflects to the left from the last described course 60 degrees 10 minutes
00 seconds,a distance of 142.00 feet,thence Northerly along a line which deflects to the right
from the last described course 83 degrees 20 minutes 00 seconds,a distance of 112.00 feet thence
Westerly along a line which deflects to the left from the last described course 85 degrees 0
minutes 00 seconds,a distance of 246.01 feet thence North parallel with the West line of the East
Half of the Southeast Quarter of said Section 4, 809.3 8 feet more or less to a point in the North
line of the South Half of the Northeast Quarter of the Southeast Quarter of said Section 4,thence
al
East along said North line 84.15 feet more or less to a point 586.25 feet West of the Northeast
corner of said Half Quarter Quarter Section,thence South, parallel with the East line of said
Section 4,208.75 feet thence East parallel with the North line of the South Half of the Northeast
Quarter of the Southeast Quarter of said Section 4, 586.25 feet to a point in the East line of said
Section 4,thence South along said East line 977.50 feet to the point of beginning.Except that part
conveyed in Deed Book 945 at Page 931.
23-2.0-04-400-007-002(Briarcliff Development Co.)
All of Lots 1, 2,3,4, 5,6, 7, 8,9, 10, 11 and 12 JANIE LANTS ADDITION,a subdivision of
land in Riverside,Platte County, Missouri,according to the recorded plat thereof.
23-2.0-04-400-007-003(Briarcliff Development Co.)
All that part of the Southeast Quarter of the Southeast Quarter of Section 4,Township 50,Range
33, in Riverside,Platte County,Missouri more particularly described as follows: Commencing at
a point in the East line of said Section 4, 772.50 feet North of the Southeast comer thereof,thence
West 203.47 feet to the Point of Beginning,thence continuing West 151.37 feet,thence South 56
feet to a point in the Northerly right-of-way line of the Kansas City,Clay County,and St.Joseph
Railway,thence Northwesterly along said 334.17 feet,thence North and parallel with the West
line of said Quarter Quarter Section 319.71 feet more or less to a point is 809.38 feet South of the
North line of the South Half of the Northeast Quarter of the Southeast Quarter of said Section 4,
thence Easterly along a line which deflects to the right from the last described course 97 degrees
07 minutes 50 seconds a distance of 246.00 feet,thence Southerly along a line which deflects to
the right from the last described course 85 degrees 00 minutes 00 seconds a distance of 112.00
feet,thence Easterly along a line which deflects to the left from the last described course 83
degrees 20 minutes 00 seconds a distance of 142.00 feet,thence Southeasterly along a line which
deflects to the right from the last described course 60 degrees 10 minutes 00 seconds a distance of
233.45 feet to the point of beginning.
23-2.0-04-400-007-006(Briarcliff Development Co.)
A tract of land lying in the Southeast 1/4 of the Southeast 1/4 of Section 4,Township 50,Range 33,
Riverside,Platte County,Missouri,bounded as follows:On the South by the North line of U.S.Highway
No.71;on the North by the North line of the former right-of-way of the Kansas City,Clay County and St.
Joseph Railway Company,on the East by a straight line drawn from a point in the North line of said former
Railroad right-of-way 840.7 feet West of the Intersection of said North right-of-way line with the East line
of said Section 4,measured along said North line,to a point in the North line of said U.S. Highway No. 71,
measured along the North line of said U.S.Highway No. 71,866.17 feet West of the intersection of said
North line of said U.S.Highway No.71 and the East line of said Section 4,on the West by the West line of
the Southeast 1/4 of the Southeast 1/4 of Section 4,Township 50,Range 33.
23-2.0-03-000-003-028(Briarcliff Development Co.)
All that part of the South half of the Southwest Fractional Quarter of Section 3,Township 50,
Range 33, West of the old boundary in Platte County,Missouri,described as follows:
Beginning at the intersection of the Northerly line of the right of way of a public road known as
U. S. Highway 71,with the East line of Platte County, Missouri;thence North along said county
line a distance of 768.39 feet to a point;thence West at right angles to the last described line a
distance of 260.29 feet to a point;thence Southwesterly along a line which deflects to the left 80
degrees, 09 minutes, 18 seconds, from the last described course a distance of 614.74 feet to a
point in the Northerly line of said highway right of way;thence Southeasterly along the Northerly
line of said highway right of way, a distance of 400 feet,more or less,to the point of beginning.
Except the Southerly 150 feet measured at right angles from the Southerly line of the described
tract,all in the City of Riverside, Platte County,Missouri.
Excepting therefrom all that part lying within the parking lot of Briarcliff III Office Building.
23-2.0-03-000-003-025(Briarcliff Development Co.)
All of that part of the Southwest fractional quarter(West of Indian Boundary and County line)of
Section 3, Township 50,Range 33 in Platte County,Missouri,more particularly described as
follows:Beginning at a point in the East line of said county and said Fractional Section 3,which
a
is 1,088.39 feet North of the intersection of the Northerly line of right of way of State Highway
designated U.S. 71 with said Section and County line 30 feet Northerly from the center of original
18 foot pavement in said highway and at right angles thereto; the said point of beginning being
38.5 feet South of a stone used to divide the North and South halves of the Southwest quarter
Section 3 in Clay County,but not in Platte County; thence Southerly on the East line of Platte
County 320 feet(azimuth 0 degrees 56')to the Northeast corner of Maxwell tract;thence
Westerly at right angles(azimuth 90 degrees 56') 260.29 feet to the Northwest comer of Maxwell
tract;thence azimuth 10 degrees 48' along the Westerly line of Maxwell tract 408.50 feet to a
point;thence Westerly(azimuth 114 degrees 56)parallel to said highway line a distance of
137.71 feet;thence curving left from last line as a tangent on a circle of 3,094.93 feet radius a
distance on arc of 256.58 feet,central angle of 4 degrees 45%thence Westerly(azimuth 110
degrees 11')on a tangent to last described curve and 200 feet Northerly from said highway a
distance of 44.38 feet to the Easterly line of a private road; thence Northerly and Northeasterly
with the meanderings of the Easterly line of said road to a point 653 feet West of beginning;
thence Easterly(azimuth 90 degrees 56)653 feet to point of beginning,EXCEPT that part
thereof lying Northwest of the Northwest line of the land described in Book 156,at page 132,
Recorder's Office, in Platte County,Missouri.
23-2.0-03-000-004-001-000(Briarcliff Development Co.)
All that part of the Southwest Fractional Quarter of Section 3,Township 50 North,Range
33 West, lying South of the public road and described as beginning at a point at the
Southwest comer of Section 3,Township 50 North,Range 33 West;thence East along
the South line of Section 3,828.00 feet to a point on the line between Platte and Clay
Counties,Missouri;thence North along said county line,87.30 feet to a point on the
South line of said public road;thence Northwesterly on a straight line,making a
Northwest angle with the East line of Platte County of 65 degrees 50 minutes,a distance
of 625.77 feet;thence on a curve to the left,having a radius of 2804.93 feet,a distance of
234.13 feet;thence on a tangent to last described curve,43.10 feet to a point in the West
line of said Fractional Quarter Section 3;thence South along the West line of said Section
3,a distance of 423.33 feet to a point of beginning,(Said tract being the same tract as that
conveyed by the City of Kansas City,Missouri,to E.H.Young in that certain deed dated
February 24, 1975 and recorded in Book 462,Page 631 as File#45055 and#10100 of
the Platte County Recorder.)
EXCEPT that part deeded November 4,2003 as Document No.30819 in Book 1020 at
Page 667,and EXCEPT that part deeded November 4,2003 as Document No.30820 in
Book 1020 at Page 668,and EXCEPT that part deeded November 4,2003 as Document
No. 31586 in Book 1021 at Page 432,re-recorded February 19,2004 as Document No.
2991 in Book 1027 at Page 624.
23-2.0-10-000-000-001-000(Briarcliff Development Co.)
All that part of the Northwest fractional Quarter of Section 10,Township 50 North,
Range 33 West,lying North of Missouri State Highway No.9 and described as beginning
at the Northwest comer of said Section 10;thence South along the West line of Section
10 a distance of 99 feet more or less to the North property line of Missouri State Highway
No. 9;thence East along the said North property line a distance of 121.4 feet to a point of
curve;thence East along said North property line on a curve to the right having a radius
of 2989.93 feet a distance of 710 feet more or less to the intersection of the North
property line of Missouri State Highway No.9 and the boundary line between Clay and
Platte Counties,Missouri;thence North along said County line 165 feet more or less to
the North line of Section 10;thence West along the North line of Section 10 a distance of
828 feet to the point of beginning.
23-2.0-04400-007-009-000(Greenside Investments)
All that part of the Northwest Quarter of the Southeast Quarter of Section Four(4),
Township Fifty(50)Range Thirty-three(33)and of Blocks Two(2)and Four(4),
RIVERSIDE, a subdivision in Platte County,Missouri,described as follows: Beginning
on the East line of the 100 foot right of way of new Highway No. 59 as said highway is
03
described in the deed dated August 19, 1932,executed by Lulu M.Eldridge to State of
Missouri,665.5 feet South and 297.4 feet East of the center of Section 4,Township 50,
Range 33;thence due East,86.2 feet to the Westerly line of the 66 foot right of way of
the K.C.C.C. and St.Joseph Railroad;thence Southerly along said right of way 447.2
feet;thence South, 52 degrees West,5.6 feet to the Easterly line of the right of way of
said Highway;thence Northerly along the Easterly line of said highway right of way,
484.83 feet to the point of beginning,
Less and Except that part taken for right-of-way purposes to the City of Riverside,
Missouri,as shown in instrument filed January 26,2004 as Document No.2096 in Book
1026 at Page 733.
23-2.0-04-400-007-007-000(Greenside Investments)
All of Block B,RENNER PLAZA NO.3,a subdivision in Riverside,Platte County,
Missouri,according to the recorded plat thereof. EXCEPT those parts conveyed to The
City of Riverside,Missouri by Warranty Deed filed as Document No.0031309 in Book
1021 at Page 158 and by Warranty Deed filed as Document No.0031953 in Book 1021 at
Page 797.
23-2.0-04-400-07-04(City of Riverside)
Tract 1:
All that part of parcel of land lying in the Southeast Quarter of Southeast Quarter of Section 4,
Township 50,Range 33 West,Riverside,Platte County,Missouri,bounded as follows: On the
East by a line drawn parallel to and 379 feet West of the East line of Section 4,Township 50
North, Range 33 West;on the South by the North line of U.S.Highway#71; on the North by a
North line of the former right of way of Kansas City, Clay County&St. Joseph Railway
Company,and on the West by a straight line drawn from a point in the North line of said right of
way 639.7 feet West of the intersection of said North right of way line with the East line of said
Section 4,Township 50 North Range 33 West,to a point in the North line of U.S. Highway#71,
668.17 feet West of the intersection of said North line of U.S. Highway#71,and the East line of
Section 4,Township 50 North and Range 33 West, Platte County,Missouri.
Tract 2:
All of that part of parcel of land lying in the Southeast Quarter of the Southeast Quarter of
Section 4,Township 50 North and Range 33 West,Riverside,Platte County, Missouri,bounded
as follows:On the South by the North line of U.S. Highway#71;On the North by the North line
of the former right of way of the Kansas City,Clay County& St.Joseph Railway Company;On
the East by a straight line drawn from a point in the North line of said right of way 639.7 feet
West of the intersection of said North right of way line with the East line of said Section 4,to a
point in the North line of said U.S. Highway#71,668.17 feet West of the intersection of said
North line of U.S. Highway#71;and the East line of said Section 4,Township 50 North and
Range 33 West; On the West by a line drawn parallel to and 75 feet West of the aforesaid East
boundary of Tract 2 herein described,Except that part of tract numbered 1 above described lying
East of a line drawn parallel to and 16 feet Westerly distance from the East line of said tract
Numbered 1 above.
23-2.0-03-000-003-027(City of Riverside)
That part of the South half of the Southwest fractional Quarter of Section 3,Township 50,Range
33 West of the former West boundary of the State of Missouri,now in Riverside,Platte County,
Missouri, being a strip of land 200 feet in width North of the North line of Highway 71,said
North line being 30 feet Northerly from the center line of the original pavement and 21 feet
Northerly from the Northerly edge of said pavement;said land being more particularly described
as follows:
Beginning at the Southwest corner of a tract of land heretofore deed to Wm.F. Maxwell by deed
recorded in Book 131 at Page 29 of the records in the Office of the Recorder of Deeds for Platte
County, Missouri; said point being on the aforesaid Northerly line of the right-of-way of
Highway 71 and 400 feet Northwesterly, measured along said right-of-way line from the Easterly
04
line of said fractional section;running thence Northerly along the Westerly line of said Maxwell
tract(Azimuth 190 degrees 48 minutes clockwise from the South),206.24 feet;thence Westerly
(Azimuth 114 degrees 56 minutes)parallel to said highway line a distance of 137.71 feet;thence
curving left from the last described as a tangent on a circle of 3094.93 feet, radius,a distance of
119.75 feet,thence(Azimuth 22 degrees 41 minutes 17 seconds),a distance of 200 feet to the
North line of Highway,thence Easterly on the North line of said Highway curving right on a
radius 2894.93 feet,a distance of 113.45 feet;thence on a tangent to the last described course
along the North line of said Highway(Azimuth 294 degrees 56 minutes), a distance of 186.55
feet to the point of beginning.
23-2.0-04-400-07-05(City of Riverside)
All that part of parcel of land lying in the Southeast Quarter of the Southeast Quarter of Section 4,
Township 50,Range 33, in Riverside,Platte County,Missouri, bounded as follows: On the
South by the North line of U.S. Highway No. 71;On the North by the North line of the former
right-of-way of the Kansas City,Clay County and St.Joseph Railway Company;On the East by a
straight line drawn from a point in the North line of said railroad right-of-way 714.7 feet West or
the intersection of said North right-of-way line with the East line of said Section 4,measured
along said right-of--way line to a point in the North line of U.S. Highway No. 71, 743.17 feet west
of the intersection of said North line of U.S. Highway No. 71 and the East line of said Section 4,
measured along said North line;On the West by a straight line drawn from a point on the North
line of said railroad right-of-way 840.7 feet West of the intersection of said North right-of-way
line with the East line of said Section 4,measured along said North right-of--way to a point in the
North line of said U.S. Highway No. 71, 866.17 feet West of the intersection of said North line of
U.S. Highway No. 71 and the East line of said Section 4 measured along said North line,
EXCEPT any part in roads.(Said tract being the same tract as that conveyed by Colin C.
Campbell and Marilee Campbell to EA Young and C.A.Young in that certain deed dated
November 30, 1990 and recorded in Book 748,Page 953 and File#01 1382 of the Platte County
Recorder.)
23-2.0-03-000-003-029(City of Riverside)
The Southerly 150 feet measured at right angles from the Southerly line of the following
described tract: All that part of the South Half of the Southwest Fractional Quarter of Section 3,
Township 50,Range 33,West of the old boundary, in Platte County, Missouri,described as
follows:Beginning at the intersection of the Northerly line of the right of way of a public road
known as U.S. Highway No.71 with the East line of Platte County,Missouri,thence North along
said county a distance of 768.39 feet to a point;thence West at right angles to the last described
line, a distance of 260.29 feet to a point;thence Southwesterly along a line which deflects to the
left 80 degrees 9 minutes 18 seconds from the last described course,a distance of 614.74 feet to a
point in the Northerly line of said highway right of way;thence Southeasterly along the Northerly
line of said highway right of way,a distance of 400 feet to the point of beginning, EXCEPT any
portion thereof located within the boundaries of roads,streets or highways.
23-2.0-03-000-003-026& 23-2.0-03-000003026-001(Riverside-Quindaro Bend Levee)
That part of the South One-Half of the Southwest Fractional Quarter of Section 3,Township 50,
Range 33,West of the former boundary of the State of Missouri now situated in Platte County,
Missouri,more particularly described as follows:Beginning at a point on the Northerly line of the
right-of-way of Highway No. 71, 21 feet Northerly from the North edge of the pavement on said
highway and 850 feet Westerly, measured along the Northerly line of said highway, from the
Easterly line of said Fractional Section;thence Easterly(Azimuth 290 degrees 11 minutes
clockwise from the South)along the Northerly line of said Highway 24.29 feet;thence curving
right along said highway on a circle of 2,894.93 feet radius,a distance of 125.71 feet;thence
(Azimuth 202 degrees 41 minutes 17 seconds)a distance of 200 feet;thence Westerly parallel to
Northerly line of said highway curving left on a circle of 3,094.93 feet radius, a distance of
136.%feet;thence on a tangent to the last described curve(Azimuth 110 degrees 1 I minutes)a
05
distance of 4438 feet to the East line of a private road;thence Southerly on the Easterly line of
said road curving right from a tangent to said road,having a azimuth of 6 degrees 51 minutes 57
seconds on a circle of 270 feet radius,a distance of 131.87 feet; thence South 73.73 feet to the
point of beginning. Except any part in streets or right of way.
23-2.0-03-000-002-010(Indian Hills Land Company,Inc.)
A tract of land in the Southwest Fractional Quarter of Section 3,Township 50,Range 33,in Platte
County,Missouri,described as follows:
Beginning at the Southwest corner of said Section 3,thence North 545 feet to the point of
beginning,thence North 595 feet,thence Southeasterly 63.96 feet,thence Southwesterly along
Valley Lane to point of beginning.
Note:This is an approximate legal description of said property
Streets
All that part of West Platte Road,Valley Lane and Riverside Drive lying with this TIF district
together with those tracts taken for permanent right of way by the City of Riverside,Missouri in
Condemnation Case 03CV83496 and in Book 1020 at page 667,Book 1020 at page 668,Book
1021 at page 158, Book 1021 at page 432 and re-recorded in Book 1027 at page 624,Book 1021
at page 797 and Book 1026 at page 733.
06
�j
Recorded in Platte County, Missouri
Recording Date/Time: 05/0112015 at 08:13:54 AM
Instr Number: 2015005494 �, ' plR OR
Book: 1243 Page: 182
Type: DE ORD AV ,
Pages: 28
Fee: $102.00 E 'N :
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII °°°;r.�''�''A
Grantor: RIVERSIDE CITY OF Gloria Boysrw
Grantee: BRIARCLIFF DEVELOPMENT CO Recorder of Deeds
PLATTE COUNTY MISSOURI CERTIFICATION
RECORDER OF DEEDS
EXEMPT DOCUMENT
The Recorder of Deeds has added this page to your document per
compliance with State law under Exempt Status.
RSMo 59.310.4 (effective January 1, 2002)
Gloria Boyer
Recorder of Deeds
415 Third St., Suite 70
Platte City, MO 64079
This Page is Part Of The Document—Do Not Detach
✓Gid' oS ipjilJlf6;j( —Lvptl
Book 1243 Page 182
BILL NO. 2015-036 ORDINANCE NO. A0 7
AN ORDINANCE APPROVING THE AMENDED AND RESTATED
REDEVELOPMENT AGREEMENT WITH BRIARCLIFF
DEVELOPMENT COMPANY IN CONNECTION WITH THE WEST
PLATTE ROAD REDEVELOPMENT PLAN, AND APPROVING
OTHER ACTIONS RELATING THERETO
WHEREAS, pursuant to the Real Property Tax Increment Financing Allocation
Redevelopment Act, Section 99.800 to 99.865 of the Revised Statutes of Missouri, as
amended, the Tax Increment Financing Commission of Riverside, Missouri did
recommend, after a public hearing on May 23, 2007 and pursuant to Resolution 2007-05-
02 adopted May 23, 2007, and the Board of Aldermen of the City did approve, pursuant
to Ordinance 2007-69 adopted July 3, 2007, the "West Platte Road Redevelopment Plan"
(the "Redevelopment Plan"); and
WHEREAS, pursuant to Ordinance No. 2007-90 adopted August 14, 2007, the
City and Briarcliff Development Company, as developer, entered into that certain
Redevelopment Agreement dated August 14, 2007 relating to implementation of the
Redevelopment Plan; and
WHEREAS, the Redevelopment Agreement was amended by that certain First
Amendment to Redevelopment Agreement dated the 4th day of August, 2009, by that
certain Second Amendment to Redevelopment Agreement dated December 22, 2009, and
by that certain Third Amendment to Redevelopment Agreement dated January 7, 2014;
and
WHEREAS, the City and Briarcliff desire to amend certain terms in the
Redevelopment Agreement as amended by and set forth in the First, Second, and Third
Amendments to Redevelopment Agreement.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF
ALDERMEN OF THE CITY OF RIVERSIDE,MISSOURI, AS FOLLOWS:
Section 1. The Amended and Restated Redevelopment Agreement, in
substantially the form attached hereto as Exhibit A (with such changes, additions and
deletions as may be approved by the officer executing such document, such execution
being conclusive proof of such approval), the execution and delivery of such Agreement,
and the performance of the City's obligations thereunder are approved. The Mayor is
authorized and directed to execute and deliver such Agreement on behalf of the City.
Section 2. The Mayor, the City Clerk and other officers and agents of the City
are hereby authorized and directed to execute all documents and take such steps as they
deem necessary and advisable in order to carry out and perform the intent of this
Ordinance.
Book 1243 Paque 182
Section 3. This Ordinance shall take effect immediately upon passage.
PASSED AND ADOPTED by the Board of Aldermen of the City of Riverside,
Missouri this 29h day of April, 2015.
' Kathleen L. Rose, Mayor
. r
ATTEST: '
(Seal]
o ,
Robin Littrell, City Clerk
2
Bao k 1243 Pa.g e 192
Exhibit A
Amended and Restated Redevelopment Agreement
Book 1 243 Pa g e 182
AMENDED AND RESTATED REDEVELOPMENT AGREEMENT
THIS AMENDED AND RESTATED REDEVELOPMENT AGREEMENT ("Agreement")
is made and entered into as of this 29th day of April, 2015, by and between the CITY OF RIVERSIDE,
MISSOURI (the "City"), a city and political subdivision duly organized and existing under the laws of
the State of Missouri, and BRIARCLIFF DEVELOPMENT COMPANY, (the "Developer"), a
Missouri S-Corporation.
RECITALS
A. The Tax Increment Financing Commission of Riverside, Missouri ("TIF Commission")
was created pursuant to Ordinance No. 95-64, adopted by the Board of Aldermen of Riverside, Missouri
(the "Board of Aldermen") on September 12, 1995 in accordance with the Real Property Tax Increment
Allocation Redevelopment Act, Sections 99.800 through 99.865 of the Revised Statutes of Missouri, as
amended(the"TIF Act").
B. On May 23, 2007 following a public hearing held on that date, in accordance with the
TIF Act, the TIF Commission adopted a resolution approving the redevelopment plan known as the West
Platte Road Redevelopment Plan (the "Redevelopment Plan") and recommending that the Board of
Aldermen: (1) approve the Redevelopment Plan; and (2) approve and designate the Redevelopment Area
as a"redevelopment area"as provided in the TIF Act.
C. On July 3, 2007 after due consideration of the TIF Commission's recommendations, the
City adopted: (1) Ordinance No. 2007-69 designating the Redevelopment Area as a "redevelopment
area" as provided in the TIF Act, approving the Redevelopment Plan, and approving the redevelopment
projects described in the Redevelopment Plan, adopting tax increment allocation financing for the
Redevelopment Project I and Redevelopment Project 6, and establishing the Special Allocation Fund;
and (2) Ordinance No. 2007-90 authorizing the City to enter into a redevelopment agreement with
Developer, such ordinances being collectively,the"TIF Ordinances."
D. The City and the Developer entered into that certain Redevelopment Agreement dated
August 14, 2007 (the "Original Redevelopment Agreement"), and amended it by that certain First
Amendment to Redevelopment Agreement dated the 4th day of August, 2009, by that certain Second
Amendment to Redevelopment Agreement dated December 22, 2009, and by that certain Third
Amendment to Redevelopment Agreement dated January 7, 2014.
E. Subsequent to entering into the Original Redevelopment Agreement, the Developer has
constructed i) Redevelopment Project 1 (Linear Park), ii) the public infrastructure for Redevelopment
Project 2 (East of Valley residential);and iii)30,000 ftZ of commercial space in Redevelopment Project 6.
F. The parties desire to enter into this Agreement for the primary purposes of i) removing
provisions related to Redevelopment Projects 2, 3, 4, and 5 (the residential projects) from the
Redevelopment Agreement; ii) releasing the City of the obligation to reimburse Developer for public
infrastructure costs associated with Redevelopment Projects 3, 4, and 5; iii) revising the timeframe for
Developer to complete Project 6 and restating the City's remedy if Developer fails to perform; and iv)
limiting the City's obligation to reimburse Developer for redevelopment project costs to amounts that
have already been paid and no more.
1
Book 1243 Page 182
G. This Agreement amends and restates the Original Redevelopment Agreement (as it had
been amended three times) in its entirety and accordingly, upon execution of this Agreement, the Original
Agreement and its three amendments shall be superseded unless otherwise specified herein.
H. The Board of Aldermen hereby determines that the fulfillment generally of this
Agreement is in the best interests of the City, and the health, safety and welfare of its residents, and in
accord with the public purposes specified in the Redevelopment Plan.
I. Pursuant to provisions of the TIF Act and the TIF ordinances, the City is authorized to
enter into this Agreement.
AGREEMENT
Now, therefore, in consideration of the premises and promises contained herein and other good
and valuable consideration, the adequacy and sufficiency of which are hereby acknowledged, and parties
agree as follows:
ARTICLE I
DEFINITIONS
1.1. Definitions
As used in this Agreement,the following words and terms shall have the following meanings:
"Agreement" means this Amended and Restated Redevelopment Agreement.
"Approving Ordinance" means Ordinance No. 2007-69, designating the Redevelopment Area,
approving the Redevelopment Plan, approving the Redevelopment Projects, adopting tax increment
allocation financing for the Redevelopment Project 1 and Redevelopment Project 6 and establishing the
Special Allocation Fund.
"Board of Aldermen"means the Board of Aldermen of the City.
"City" means the City of Riverside, Missouri, a city and political subdivision duly organized and
existing under the laws of the State of Missouri.
"Construction Plans" means plans, drawings, specifications and related documents, and
construction schedules for the construction of the TIF Work, together with all supplements, amendments
or corrections, submitted by the Developer and approved by the City in accordance with and as required
by this Agreement.
"Developer"means Briarcliff Development Company, a Missouri S-Corporation,or it's permitted
successors or assigns in interest.
"EATS Account"means the Economic Activity Tax Account in the Special Allocation Fund.
"Economic Activity Taxes" or "EATS" shall have the meaning ascribed to such term in Section
99.805 of the TIF Act but excluding the County's dedicated parks sales tax and the County's dedicated
special road sales tax.
"Finance Officer" means the Finance Director of the City or her authorized agent.
2
Br--.%a k 1 243 P.a.g e 182
"Governmental Approvals" means all plat approvals, re-zoning or other zoning changes, site plan
approvals, conditional use permits, variances, building permits, or other subdivision zoning, or similar
approvals required for the implementation of the Redevelopment Projects related to the Redevelopment
Area and consistent with the Redevelopment Plan and this Agreement.
"Inducement Resolution"means Resolution 2007-06 passed by the Board of Aldermen of the City
on May 2, 2007 inducing the Developer, at its sole risk, to proceed to implement the Redevelopment Plan
even though not all conditions precedent may have been met so that such implementation will not result
in the disallowance of any otherwise valid Redevelopment Project Cost.
"Linear Park"means the public park,water feature,and monument sign along West Platte Road.
"Municipal Revenues" means, while the Redevelopment Plan remains in effect and, subject to
annual appropriation, the total additional revenue (excluding Payments In Lieu Of Taxes and economic
Activity Taxes)appropriated by the City for payment of Reimbursable Project Costs.
"Municipal Revenues Account" means the account by that name created in Section 6.1 of this
Agreement.
"Payments in Lieu of Taxes" or "PILOTS" means payments in lieu of taxes as defined in Section
99.805 of the TIF Act.
"PILOTS Account"means the PILOTS Account in the Special Allocation Fund.
"Property' means the real property comprising Redevelopment Project 6 described in Exhibit A,
attached hereto and incorporated herein by reference.
"Redevelopment Area" means the real property described in Exhibit B, attached hereto and
incorporated herein by reference,comprising approximately 64 acres of land.
"Redevelopment Plan" means the plan titled "West Platte Road Redevelopment Plan" as
approved by the City on July 3, 2007, pursuant to Ordinance No. 2007-69, as such plan may from time to
time be amended in accordance with the TIF Act.
"Redevelopment Project I" means the demolition of the dilapidated commercial structures,
removal of the mobile homes as well as the construction of the Linear Park along W. Platte Road,
including landscaping, sodding, irrigation, lake construction, fountain, trails, acquisition of property,
monument entry signs for the City of Riverside, and monument entry signs to the neighborhoods
including the existing Indian Hill's subdivision and relocations, the cost of such work and improvements
being estimated at approximately $2.3 million.
"Redevelopment Project 6" means the construction of the Commercial Phase: approximately
75,000 sq. ft. of high quality commercial buildings with a total estimated Redevelopment Project Costs of
$15,000,000.
"Redevelopment Project Costs" shall have the meaning ascribed to such term in Section
99.805(14)of the TIF Act.
3
Book 1243 Page 182
"Reimbursable Project Costs" means those Redevelopment Project Costs which were identified
in Amended Exhibit E of Second Amendment to Redevelopment Agreement, plus Financing Costs, and all
Redevelopment Project Costs incurred by the City and the TIF Commission.
"Relocation Plan"means the relocation plan of the City for the Redevelopment Area as contained
in the Redevelopment Plan, in conformity with the TIF Act.
"Special Allocation Fund" means the City of Riverside, Missouri, West Platte Road Special
Allocation Fund created by the Approving Ordinance, including a PILOTS Account, and EATS Account,
and a Municipal Revenues Account.
"TIF Act" means the Real Property Tax Increment Allocation Redevelopment Act, Sections
99.800 through 99.865 of the Revised Statutes of Missouri,as amended.
"TIF Commission" means the Tax Increment Financing Commission of the City of Riverside,
Missouri.
"TIF Revenues"means: (I)Payments in Lieu of Taxes; and(2) Economic Activity Taxes.
"TIF Work" means all work necessary to prepare the Redevelopment Project Area and to
construct or cause the construction of the Redevelopment Project 1 and Redevelopment Project 6 as
specifically described in the Redevelopment Plan and this Agreement including, but not limited to: (1)
property acquisition; (2)architectural, engineering, soil and surveying; (3)demolition and site preparation
including without limitation site re-grading and excavation and environmental remediation; (4)
construction or re-construction of utilities improvements, including water distribution and service
facilities, sanitary sewers, roads, stormwater improvements, and electrical service facilities and street
lights; (5) construction of a commercial development consisting of approximately 75,000 square feet of
high-end commercial space and all associated landscaping and parking areas; (6)construction of a Linear
Park including, but not limited to, grading, retaining walls, lake areas, trails, water features, City signage,
monument signage for the project including monument entry signs to the existing Indian Hill's
neighborhood;and(7) irrigation, sprinkler systems,trees, landscaping and sod.
1.2.Other Definitions
Any work or term not defined herein shall have the meaning ascribed to such term in the
Redevelopment Plan.
ARTICLE 11.
SELECTION OF DEVELOPER
2.1. Developer Designation.
The City hereby continues its designation of Developer to perform or cause the construction of
the Redevelopment Project 1 (as it relates to the maintenance of Linear Park as provided in Section
3.4(c)), and Redevelopment Project 6, namely the performance of the TIF Work, all in accordance with
the Redevelopment Plan,this Agreement,and all Governmental Approvals.
4
®c.o k 1243 P'aa g e 182
ARTICLE III.
CONSTRUCTION OF REDEVELOPMENT PROJECTS
3.1. Acquisition of Property.
Developer represents that,as of the date of this Agreement, Developer owns a fee interest in all of
the undeveloped Property in the non-critical area of Redevelopment Project 6.
3.2. Condemnation.
As of the date of this Agreement, it is not anticipated that the use of eminent domain will be
necessary to acquire any portion of the real property in the Redevelopment Area.
3.3. Reserved.
3.4. Developer to Construct the Redevelopment Projects,Required Approval.
(a) Developer to Construct Linear Park. The Developer has constructed and equipped the
Linear Park pursuant to plans approved by the City.
(b) Reserved.
(c) Maintenance. The Developer may incur certain maintenance costs for the Linear Park.
Such costs may be submitted to the City for reimbursement as a redevelopment project cost, or,
notwithstanding any other provision of this Agreement that may be to the contrary, such costs may be
reimbursed by the City from any other available public funds; provided that in either situation, such costs
shall be reimbursed only to the extent approved by the City and to the extent the aggregate total of all
such reimbursed maintenance costs are less than $45,000.
(d) Projects One and Six. The Developer has constructed Redevelopment Project 1. The
Developer shall construct Redevelopment Project 6 in an expeditious manner.
(1) Project 1. Project 1 is completed.
(2) Project 6. The Developer shall diligently pursue the design and construction of
Redevelopment Project 6 to completion.
(i) Critical Area Project. With respect to the portion of Redevelopment
Project 6 to be located with three hundred(300)feet of the L-385 Levee Project("Critical
Area Project'), such Critical Area Project has been completed.
(ii) Non-critical Area Project. With respect to the remainder of
Redevelopment Project 6, which is not to be located with the three hundred (300) feet of
the L-385 Levee ("Non-critical Area Project'), construction of the Non-critical Area
Project shall be completed no later than December 31, 2019, absent an event of force
majeure. In the event of any delay caused by an event of force majeure, including market
conditions, Developer shall be granted additional time to complete the Non-critical Area
Project; provided that regardless of force majeure, the Non-critical Area Project must be
completed by December 31, 2020. If Developer has obtained a building permit for the
required square footage and financing by this date and has started construction, this date
shall then be extended to July 1,2021.
5
Book 1 243 PaL g e 182
(e) Reserved.
(I) Insurance. Prior to the commencement of construction of any portion of the
Redevelopment Project 6, the Developer shall obtain or shall require that any of its contractors obtain
workers' compensation, comprehensive public liability, and builder's risk insurance coverage in amounts
customary in the industry for similar type projects or as otherwise required by City ordinances. The
Developer shall require that such insurance be maintained by any of its contractors for the duration of the
construction of such work. The Developer shall cause to be obtained and maintained throughout the
entire period of construction liability insurance with respect to all public improvements. The City shall be
named additional insured on each such policy.
(g) Prevailing Wage. To the extent that laws pertaining to prevailing wage and hour apply
to any portion of the work, the Developer agrees to cooperate and take all actions necessary to apply for
the wage and hour determinations and otherwise comply with such laws. However, outside of the laws
pertaining to prevailing wage and hour the City is making no additional requirement to perform the work
using wage and hour requirements.
3.5. Governmental Approvals and Grading Permit.
The Developer shall, at its sole cost and expense, obtain or cause to be obtained all Governmental
Approvals required for the TIF Work. Redevelopment Project 6 shall be constructed in accordance with
the City building code and all applicable Governmental Approvals.
3.6. Planned District,Construction Plans,Changes.
Redevelopment Project 6 shall be constructed as a planned district pursuant to City ordinances.
The Construction Plans shall be prepared by a professional engineer or architect licensed to practice in the
State of Missouri and the Construction Plans and all construction practices and procedures with respect to
all work shall be in conformity with all applicable state and local laws, ordinances, and regulations.
During the progress of the work, the Developer may make such reasonable changes as site conditions,
market conditions or orderly development may dictate provided the general character of Redevelopment
Project 6 is not materially changed and provided that each such change is in furtherance of the general
objectives of the Redevelopment Plan; provided that (a) the Developer shall comply with all laws,
regulations, and ordinances of the City and (b) prior to any material changes to any Redevelopment
Project, the Developer shall obtain the advance written consent of the City, which consent shall not be
unreasonably withheld, conditioned or delayed.
3.7. Rights-of-Way and Easements
(a) Utility Easements. At the request of the City, the Developer agrees to transfer and
convey to the appropriate utility provider any and all utility easements necessary or desirable for
Redevelopment Project 6. All such transfers and conveyances shall be without cost or expense to the
City.
(b) City Rights-of-Way and Easements. At the request of the City,the Developer agrees to
transfer and convey to the City any and all rights-of-way and easements necessary or desirable for
Redevelopment Project 6. All such transfers and conveyances shall be without cost or expense to the
City.
3.9. Owners/Tenant Selection.
6
Book 1243 Page 182
(a) Tax-Exempt Owners. The Developer will ensure that not more than 7.5% of
Redevelopment Project 6 is sold or leased to entities exempt from ad valorem taxation.
(b) Tenants. The Developer will give consideration in tenant selection to any tenant who
will produce a higher volume of sales taxes for the City, all other economic terms and conditions being
equal. However,the City recognizes that most of the commercial tenants will likely be office tenants and
will not generate any substantial amount of sales tax, if any sales tax at all.
ARTICLE IV.
REIMBURSEMENT OF REIMBURSABLE PROJECT COSTS
4.1. City's Obligation to Pay or Reimburse Developer.
The City shall not have any further obligation to pay or reimburse Developer for any
Reimbursable Project Costs related to any Project, except as may otherwise be provided in Section 3.4(c).
The City has previously reimbursed the Developer$2,944,500 for Reimbursable Project Costs associated
with Project 1 ($2,040,000) and Project 6 ($904,500). The Developer hereby specifically acknowledges
and agrees that it waives any claim to reimbursement in the amount of $385,500 related to
Redevelopment Project 6 as was provided in the Amended Exhibit E to the Second Amendment to
Redevelopment Agreement. The City shall be entitled to receive 100% of all future TIF Revenues to
reimburse itself for reimbursements it has made to Developer related to Redevelopment Projects 1 and 6.
ARTICLE V.
NEIGHBORHOOD IMPROVEMENT DISTRICTS
5.1. Existing Neighborhood Improvement Districts
(a) Generally. Pursuant to Article V of the Original Redevelopment Agreement, two
Neighborhood Improvement Districts were created: i) Briarcliff Professional Plaza NID, and ii) Briarcliff
Hills—East of Valley NID. Pursuant to Ordinance 1028 adopted August 31, 2010, the City confirmed the
levying of the special assessments for the Briarcliff Professional Plaza NID. Pursuant to Ordinance 1029
adopted August 31, 2010, the City confirmed the levying of the special assessments for the Briarcliff
Hills—East of Valley NID.
(b) Cooperative Covenants to Be Placed in All Contracts of Sale. The Developer shall
continue to include (as provided in Section 5.7 of the Original Redevelopment Agreement), in all of its
contracts relating to all or any portion of property subject to these NIDs, a provision providing
notification of the creation of a NID and the imposition of NID assessments against such property. The
provision shall further require the transferee of the property to cooperate in all matters relating to the NID
and the NID assessments. Such provision will also include a requirement that all documents relating to
any further transfers of the property contain the same provisions.
(c) Waiver. The Developer affirms (as contained in Section 5.9 of the Original
Redevelopment Agreement) its waiver of the right to file suit to set aside the NID assessments or
otherwise question the validity of the proceedings relating thereto.
ARTICLE VI.
SPECIAL ALLOCATION FUND;
COLLECTION AND USE OF TIF REVENUES
6.1. Creation of Special Allocation Fund.
7
Esoo k 1243 Page 182
There has been created and the City agrees to cause its Finance Officer to maintain the special
Allocation Fund, including a "PILOTS Account," and "EATS Account," and a "Municipal Revenues
Account,"and such further accounts or sub-accounts as are required by this Agreement.
6.2. Cooperation in Determining TIF Revenues.
The Developer will cooperate with the City in connection with the determination and payment of
TIF Revenues. The Developer (or its successor(s) in interest as an owner or owner(s) of any portion of
the Redevelopment Project Area 6) shall require each "seller" (as that term is defined in Section
144.010(11) of the Missouri Revised Statues, as amended) located within the Redevelopment Project
Area 6 to provide to the Finance Officer of the City the following information:
(i) Each"seller's"federal and state tax identification numbers.
(ii) If applicable, with thirty (30) days of filing, copies of all sales tax returns filed
with the Missouri Department of Revenue (on Form 53-S.F. Missouri
Department of Revenue or such successor form) with respect to the sales taxes
originating from businesses located within the Redevelopment Project Area. In
the event that a "seller" has multiple business operations within the City, such
"seller" shall file separate sales tax returns for the sales taxes originating from the
business located within the Redevelopment Project Area.
The Developer (or its successor(s) in interest as an owner or owner(s) of any portion of the
Redevelopment Project Area 6) shall also request any purchaser or transferee of real property and any
lessee or other user of real property located within the Redevelopment Project Area 6 to designate sales
subject to sales taxes pursuant to Chapter 144 of the Revised Statues of Missouri, as amended, to be
reported as originating from the Redevelopment Project Area 6 to the fullest extent permitted by law
(including reasonable efforts to negotiate for the inclusion of a clause so providing in the leases of the
Redevelopment Project Area 6). The Developer shall satisfy this requirement by including the
obligations set forth in this Section within any deed conveying a portion of the Redevelopment Project
Area 6 to, or any lease entered into with,any"seller."
6.3. Obligation to Report TIF Revenues.
The Developer shall cause any purchaser or transferee of real property located within
Redevelopment Project 6, and any lessee or other user of real property located within Redevelopment
Project 6 required to pay TIF Revenues, to use all reasonable efforts to timely fulfill such obligations as
are required by Section 6.2 of this Agreement. Until the expiration or termination of the West Platte Road
Redevelopment Plan, the Developer shall cause such obligations to be covenants running with the land,
which covenants shall be enforceable as if such purchaser, transferee, lessee, or other user of such real
property were originally a party to and bound by this Agreement.
6.4. Reserved.
6.5. Transfers/Notice to City of Transfer.
The Developer will ensure that not more than 7.5% of usable building space of Redevelopment
Project 6 is sold or leased to entities exempt from ad valorem taxation. The fee title to the Property for
Redevelopment Project 6 shall not be sold, transferred or otherwise disposed of, whether voluntarily,
involuntarily or by operation of law, without the prior written approval of the City, which approval shall
not be unreasonably withheld provided the Developer demonstrates, to the satisfaction of the City, that
8
Book 1 243 Pa. g e 182
the proposed transferee has the experience and financial capability to undertake and complete such
portions of the work and perform the Developer's obligations under this Agreement, all in accordance
with this Agreement and such proposed transferee assumes, in a writing acceptable to the City, all such
obligations. The Developer agrees to notify the City in writing of any such proposed sale, transfer, or
other disposition. Said notice shall specify the name and address of the person to be acquiring any or all
of the Property or any interest therein and shall identify the Property to be sold, transferred, or otherwise
disposed, whether by voluntary transfer or otherwise.
ARTICLE VII.
GENERAL PROVISIONS
7.1. Liquidated Damages.
If Developer fails to construct at least 25,000 ft' of additional office/commercial space in
Redevelopment Project 6 by the timeframe specified in Section 3.4(d)(2)(ii), then Developer shall pay to
the City as liquidated damages the amount of $750,000.00. Developer's failure to timely complete
Redevelopment Project 6 results in less TIF Revenues over the life of the Redevelopment Plan, which in
turn damages the City by limiting the opportunity for it to be fully reimbursed for Reimbursable Project
Costs that the City paid to Developer. Any such damage to the City arising from Developer's failure to
timely complete Redevelopment Project 6 would be very difficult of accurate estimation. The liquidated
amount to which the parties have agreed herein is intended as compensation and is not intended as
punishment. If this $750,000.00 is assessed by the City and paid by the Developer, the Developer shall
then be released from all remaining obligations under this Agreement.
7.2. Successors and Assigns.
(a) Binding Effect. This Agreement shall be binding on and shall insure to the befit of the
parties named herein and their permitted successors and assigns.
(b) Assignment or Sale. The rights, duties and obligations of the Developer under this
Agreement with respect to Redevelopment Project 6 shall not be assigned in whole or in part without the
prior written approval of the City, which approval shall not be unreasonably withheld provided the
Developer demonstrates, to the satisfaction of the City,that the proposed assignee has the experience and
financial capability to undertake and complete such portions of the Work and perform the Developer's
obligations under this Agreement, all in accordance with this Agreement and such proposed assignee
assumes, in a writing acceptable to the City, all such obligations. This City shall respond in writing to
any request for consent under this paragraph within thirty (30) days after submittal of the same to the
City. In the event that the City proposed to withhold or condition its consent with respect to any such
request,the City shall specify its reasons in writing to the Developer with its response.
7.3. Remedies.
The rights and remedies under this Agreement are cumulative and are in addition to and not in
substitution for any other rights and remedies available at law or in equity or otherwise, except to the
extent expressly provided in Section 7.1 with respect to Developer's failure to construct at least 25,000 112
of additional office/commercial space in Redevelopment Project 6 by the timeframe specified in Section
3.4(d)(2)(ii).
7.4. Force Majeure.
9
Book 1243 Page 182
Except as otherwise expressly provided herein, neither the City nor the Developer shall be
considered in breach or default of their respective obligations under this Agreement, and the times for
performance of obligations hereunder shall be extended in the event of any delay caused by force
majeure, including damage or destruction by fire or casualty; strike; lockout; civil disorder; war; acts of
God; unusually adverse weather conditions; or other like causes beyond the parties' reasonable control;
provided that the Developer notifies the City in writing within thirty (30) days of the commencement of
such claimed event of force majeure.
7.5. Notices.
Any notices,demands, consents, approvals and other communications required by this Agreement
to be given by either party hereunder shall be in writing and shall be hand delivered or sent by United
States first class mail, postage prepaid, addressed to the appropriate party at its address set forth below, or
at such other address as such party shall have last designated by notice to the other. Notices, demands,
consents, approvals, and other communications shall be deemed given when delivered or three days after
mailing; provided, however that if any such notice or other communication shall also be sent by telecopy
or fax machine, such notice shall be deemed given at the time and on the date of machine transmittal if
mailed or courier delivered notice or communication.
In the case of the Developer, to:
Briarcliff Development Company
Attn: Richie Benninghoven
1300 NW Briarcliff Pkwy, Suite 250
Kansas City, Missouri 64116
Telephone: (816) 741-8540
Fax: (816)746-5138
With a copy to:
Michael T. White
White Goss
4510 Belleview
Kansas City, MO 64111
Telephone: (816) 753-9200
Fax: (816) 753-9201
In the case of the City,to:
City of Riverside, Missouri
City Hall
2950 NW Vivion Road
Riverside, Missouri 64150
Attention: City Administrator
Telephone: (816) 741-3993
Fax: (816) 746-8349
With a copy to:
10
Book 1243 Page 182
Williams&Campo, P.C.
400 SW Longview Blvd., Suite 210
Lee's Summit, Missouri 64081
Attention: Paul A. Campo
Telephone: (816) 524-4646
Fax: (816)524-4645
7.6. Conflict of Interest.
No member of the Board of Aldermen, the TIF Commission, or any branch of the City's
government who has any power of review or approval of any of the Developer's undertakings, or of the
City's contracting for goods or services for the Redevelopment Area, shall participate in any decisions
relating thereto which affect that member's personal interests or the interests of any corporation or
partnership in which that member is directly or indirectly interested. Any person having such interest
shall immediately, upon knowledge of such possible conflict, disclose, in writing, to the Board of
Aldermen the nature of such interest and seek a determination by the Board of Aldermen with respect to
such interest and, in the meantime, shall not participate in any actions or discussions relating to the
activities herein prescribed.
7.7. Inspection.
The Developer shall allow authorized representatives of the City reasonable access to the Work
site from time to time upon reasonable advance notice prior to the completion of the work for reasonable
inspection thereof under this Agreement. The Developer shall not unreasonably deny the City and its
architectural, engineering, demolition, construction and other contracts and documents pertaining to the
construction of the Work as the City determines is reasonable and necessary to verify the Developer's
compliance with the terms of this Agreement. This section shall not be construed to limit, in any way,the
rights of the City to inspect and to enter property pursuant to City ordinances.
7.8. Choice of Law.
This Agreement shall be taken and deemed to have been fully executed, made by the parties in,
and governed by the laws of State of Missouri for all purposes and intents (without regard to conflict of
law statutes).
7.9. Entire Agreement; Amendment.
The parties agree that this Agreement constitutes the entire agreement between the parties and
that no other agreements or representations other than those contained in this Agreement have been made
by the parties. This Agreement shall be amended only in writing signed by the parties.
7.10. Counterparts.
This Agreement may be executed in multiple counterparts, each of which shall constitute one and
the same instrument.
7.11. Severability.
In the event any term or provision of this Agreement is held to be unenforceable by a court of
competent jurisdiction,the remainder shall continue in full force and effect, to the extent of the remainder
can be given effect without the invalid provision.
11
Boyo k 1243 Page 182
7.12. Representatives Not Personally Liable.
All covenants, stipulations, promises, agreements and obligations of the City contained herein
shall be deemed to be the covenants, stipulations, promises, agreements and obligations of the City and
not of any of its governing body members, officers, agents, attorneys, employees or independent
contractors in their individual capacities. No governing body member, officer, agent, attorney, employee
or independent contracts shall be personally liable to the Developer in the event of any default or breach
by the City under this Agreement, or for any amount which may become due from the City under the
terms of this agreement.
7.13. Release and Indemnification.
The indemnification provisions and covenants contained in this Section shall survive termination
or expiration of this Agreement.
(a) The City and its governing body members, officers, agents, attorneys, employees and
independent contractors shall not be liable to the Developer for damages or otherwise in the event that all
or any part of the TIF Act, or any ordinance adopted in connection with either the TIF Act, this
Agreement, or the Redevelopment Plan, is declared invalid or unconstitutional in whole or in part by the
final (as to which all rights of appeal have expired or have been exhausted)judgement of any court of
competent jurisdiction, and by reason thereof either the City is prevented from performing any of the
covenants and agreements herein or the Developer is prevented from enjoying the rights and privileges
hereof.
(b) The Developer releases from and covenants and agrees that the City and its governing
body members, officers, agents, attorneys, employees and independent contractors shall not be liable for,
and agrees to indemnify and hold harmless the City, its governing body members, officers, agents,
attorneys, employees and independent contractors against any and all claims, demands, liabilities and
costs, including reasonable attorneys' fees, costs and expenses, arising from damage or injury, actual or
claimed (excluding consequential and punitive damages), to persons or property occurring or allegedly
occurring as a result of any negligent or malicious acts or omissions of the Developer, its officers, agents,
attorneys, employees and independent contractors, in connection with its or their activities conducted
redevelopment and construction of any Redevelopment Project.
7.14. Survival.
Notwithstanding the early expiration of this Agreement or its termination by the City as allowed
herein, the provisions contained in Section 5.1, Article V and the provisions contained Articles VI, VII
and VIII of this Agreement shall, except as otherwise expressly set forth herein, survive such early
expiration or early termination of this Agreement.
7.15. Recording.
This Agreement shall be recorded in the Platte County Recorder's Office.
7.16.Maintenance of the Property.
The Developer shall remain in compliance with all provisions of the City's ordinances relating to
maintenance and appearance of the Property during the construction of Redevelopment Project 6 or any
portion thereof. Upon substantial completion of the Redevelopment Project 6 and so long as the
12
Boo tk 1243 FaL g e 182
Redevelopment Plan is in effect, the Developer or its successor(s) in interest, as owner or owners of the
affected portion(s) of the Property, shall, during the remainder of the term of this Agreement, maintain or
cause to be maintained the buildings and improvements within the Redevelopment Project 6 which it
owns in a good state of repair and attractiveness and in conformity with applicable state and local laws,
ordinances during the term of this Agreement, each owner or lessee as a successor in interest to the
Developer shall maintain or cause to be maintained the buildings and improvements on its parcel in a
good state of repair and attractiveness and in conformity with applicable state and local laws ordinances
and regulations.
7.17. Cooperation.
The parties shall lend friendly assistance and use all reasonable efforts to cooperate in the
performance of their responsibilities under this Agreement.
ARTICLE VIII.
REPRESENTATIONS OF THE PARTIES
8.1. Representation of the City.
The City hereby represents and warrants that it has full constitutional and lawful right, power and
authority, under current applicable law, to execute and deliver and perform the terms and obligations of
this Agreement, and all of the foregoing has been duly and validly authorized and approved by all
necessary City proceedings, findings and actions. Accordingly, this Agreement constitutes the legal,
valid and binding obligation of the City, enforceable in accordance with its terms.
8.2. Representations of the Developer.
The Developer hereby represents and warrants it has full power to execute and deliver and
perform the terms and obligations of this Agreement and all of the foregoing has been duly and validly
authorized by all necessary corporate proceedings. This Agreement constitutes the legal, valid and
binding obligation of the Developer, enforceable in accordance with its terms.
[The remainder of this page is left intentionally blank.]
13
Book 1243 Page 182
"CITY":
CITY OF RIVERSIDE, MISSOURI
By:
Kate--"nL. Rose, Mayor
P l
p
[SEAL]
0
Atte
Robin Littrell,City Clerk
STATE OF MISSOURI )
SS
COUNTY OF PLATTE )
On this day of l 2015, before me appeared 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 political subdivision of the State of Missouri, and that the seal affixed to the
foregoing instrument is the seal of said City, and said instrument was signed and sealed in behalf of said
City by authority of its Board of Aldermen, and said individual acknowledged said instrument to be 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.
pgYP(j' ROBIN Ll1TTREU Notary Public
: Myccmnls"SpI a
[SEAL] mad8,2019
SEAL.
Clay cwN
Qf CWffJ M#15390831
My Commission Expires:
14
Book 1243 Paa g ie 182
"DEVELOPER":
BRIARCLIFF DEVELOPMENT COMPANY
By:
Presi
STATE OF MISSOURI )
(�
) SS
COUNTY OF -Pla1t�e- )
On this `a9-� day of 2015, before me appeared
iS c� e enn na�o�, to me personally mown, who, being by me duly sworn, did say that he is
the President of BRIARCLIFF DEVELOPMENT COMPANY, and that he is authorized to sign the
instrument on behalf of said corporation by authority of its board of directors, and acknowledged to me
that he executed the within instrument as said corporation's act and deed.
IN TESTIMONY WHEREOF, I have hereunto set my hand in the County and State aforesaid,the
day and year first above written.
�p}iYP''• RMINLMMELL
:•$NOTANY = MyC="mEWMs
Mad 8,2019 Notary Public
CaffmWm i1
AV5390631
[SEAL]
My Commission Expires:*CL-,, C
15
Book 1243 Page 182
Exhibit A
Legal Description of Property of Redevelopment Project 6
16
gook 1243 PaLge 182
EXHIBIT A
Lot 1, Briarcliff Professional Plaza 7 Ac..
And:
All that part of the existing Missouri State Highway No. 9 right of way lying in the Northwest Fractional Y4
of Section 10,Township 50 North, Range 33 West, in Riverside, Platte County, Missouri, more
particularly described as follows:
COMMENCING at the northwest corner of the Northwest Fractional N of said Section 10; thence South
00 degrees 28 minutes 50 seconds West, along the west line of the Northwest Fractional%of said
Section 10, 97.44 feet to a point on the north right of way line of said Missouri State Highway No. 9, and
the POINT OF BEGINNING of the tract of land herein and hereby described;thence continue South 00
degrees 28 minutes 50 seconds West, along the west line of the Northwest Fractional ''/<of said Section
10, 32.00 feet; thence South 89 degrees 17 minutes 35 seconds East, 121.76 feet; thence southeasterly,
along a curve to the right, tangent to the last described course, having a radius of 2957.79 feet, an arc
distance of 711.85 feet to a point on the Platte County/Clay County line; thence North 00 degrees 22
minutes 12 seconds East, along the said Platte County/Clay County line, 32.99 feet to the
aforementioned north right of way line of Missouri State Highway No. 9; thence northwesterly, along
the said north right of way line, along a curve to the left, having an initial tangent bearing of North 75
degrees 39 minutes 28 seconds West, a radius of 2989.79 feet, an arc distance of 711.50 feet; thence
North 89 degrees 17 minutes 35 seconds West, along the said north right of way line, 121.88 feet to the
POINT OF BEGINNING.
Book. 1243 Pa g e 182
Exhibit B
Legal Description of Redevelopment Area
17
Book 1243 Paage 182
Legal Description of Redevelopment Area
23-2.0-03-000-003-033(Briarcliff Development Co.)
All of Lot 1,BRIARCLIFF HILLS,a subdivision in Riverside,Platte County,Missouri,
according to the recorded plat thereof.
23-2.0-03-000-003-032(Briarcliff Development Co.)
All of Lot 2,BRIARCLIFF HILLS, a subdivision in Riverside, Platte County, Missouri,
according to the recorded plat thereof.
23-2.0-03-000-003-031 (Briarcliff Development Co.)
All of Lot 3,BRIARCLIFF HILLS,a subdivision in Riverside,Platte County,Missouri,
according to the recorded plat thereof.
23-2.0-03-000-003-030(Briarcliff Development Co.)
All of Lot 4,BRIARCLIFF HELLS,a subdivision in Riverside, Platte County, Missouri,
according to the recorded plat thereof.
23-2.0-04-400-004-001 (Briarcliff Development Co.)
All of Block A,RENNER PLAZA NO. 3,a subdivision of land in Riverside,Platte County,
Missouri, according to the recorded plat thereof.
23-2.0-04-400-007401 (part of)(Briarcliff Development Co.)
The South half of the Northeast Quarter of the Southeast Quarter of Section 4,and all that part of
the Southeast Quarter of the Southeast Quarter of Section 4,Township 50,Range 33, Riverside.
Platte County,Missouri, lying North of the rigbt-of-way of the Kansas City-Clay County and St.
Joseph Railway Company,EXCEPT THE FOLLOWING DESCRIBED TRACT: Beginning on
the East line of said Section 4,where it intersects the North line of the right-of-way of the Kansas
City, Clay County and St.Joseph Railway 582.9 feet North of the Southeast corner of said
Section;thence North 69 degrees 22 minutes West along the North line of said Right-of-Way 379
feet;thence North 56 feet;thence East 354.7 feet to the East line of said Section, thence South
189.6 feet to beginning. Also Except Beginning at a point in the East line of said Section 4, which
is 772.5 feet North of the Southeast comer thereof,thence West 354.7 feet,thence South 56 feet
to a point in the Northerly right-of-way line of the Kansas City-Clay County and St. Joseph
Railway;thence Northwesterly along said Northerly line 334.17 feet,thence North and parallel
with the West line of the Southeast Quarter of the Southeast Quarter of said Section 4, 1130.30
feet to a point in the North line of the South Half of the Northeast Quarter of the Southeast
Quarter of said Section 4,thence East along said North line 670.4 feet to the East line of said
Section 4,thence South along said East line 1186.25 feet to the point of beginning and Except
any part in streets.
23-2.0-04-400-007-001 (part of)(Briarcliff Development Co.)
All that part of the Southeast Quarter of the Southeast Quarter ant that part of the South Half of
the Northeast Quarter of the Southeast Quarter of Section 4,Township 50,Range 33, in
Riverside,Platte County,Missouri,more particularly described as follows: Beginning at a point
in the East line of said Section 4,which is 772.50 feet North of the Southeast Comer thereof,
thence West 203.46 feet,thence Northwesterly along a line which deflects to the right from the
last described course 68 degrees 53 minutes 50 seconds,a distance of 233.45 feet,thence
Westerly along a line that deflects to the left from the last described course 60 degrees 10 minutes
00 seconds,a distance of 142.00 feet,thence Northerly along a line which deflects to the right
from the last described course 83 degrees 20 minutes 00 seconds,a distance of 112.00 feet thence
Westerly along a line which deflects to the left from the last described course 85 degrees 0
minutes 00 seconds,a distance of 246.01 feet thence North parallel with the West line of the East
Half of the Southeast Quarter of said Section 4, 809.38 feet more or less to a point in the North
line of the South Half of the Northeast Quarter of the Southeast Quarter of said Section 4,thence
Book 1243 Page 182
East along said North line 84.15 feet more or less to a point 586.25 feet West of the Northeast
corner of said Half Quarter Quarter Section,thence South, parallel with the East line of said
Section 4,208.75 feet thence East parallel with the North line of the South Half of the Northeast
Quarter of the Southeast Quarter of said Section 4, 586.25 feet to a point in the East line of said
Section 4,thence South along said East line 977.50 feet to the point of beginning. Except that part
conveyed in Deed Book 945 at Page 931.
23-2.0-04400.007-002(Briarcliff Development Co.)
All of Lots 1, 2,3,4, 5,6, 7, 8,9, 10, 11 and 12 JANIE LANTS ADDITION,a subdivision of
land in Riverside,Platte County, Missouri,according to the recorded plat thereof.
23-2.0-04-400.007-003(Briarcliff Development Co.)
All that part of the Southeast Quarter of the Southeast Quarter of Section 4,Township 50,Range
33, in Riverside, Platte County,Missouri more particularly described as follows: Commencing at
a point in the East line of said Section 4, 772.50 feet North of the Southeast corner thereof,thence
West 203.47 feet to the Point of Beginning,thence continuing West 151.37 feet,thence South 56
feet to a point in the Northerly right-of-way line of the Kansas City,Clay County,and St. Joseph
Railway,thence Northwesterly along said 334.17 feet,thence North and parallel with the West
line of said Quarter Quarter Section 319.71 feet more or less to a point is 809.38 feet South of the
North line of the South Half of the Northeast Quarter of the Southeast Quarter of said Section 4,
thence Easterly along a line which deflects to the right from the last described course 97 degrees
07 minutes 50 seconds a distance of 246.00 feet,thence Southerly along a line which deflects to
the right from the last described course 85 degrees 00 minutes 00 seconds a distance of 112.00
feet,thence Easterly along a line which deflects to the left from the last described course 83
degrees 20 minutes 00 seconds a distance of 142.00 feet,thence Southeasterly along a line which
deflects to the right from the last described course 60 degrees 10 minutes 00 seconds a distance of
233.45 feet to the point of beginning.
23-2.0-04-400-007-006(Briarcliff Development Co.)
A tract of land lying in the Southeast 1/4 of the Southeast 1/4 of Section 4,Township 50,Range 33,
Riverside,Platte County,Missouri,bounded as follows:On the South by the North line of U.S.Highway
No.71;on the North by the North line of the former right-of-way of the Kansas City,Clay County and St.
Joseph Railway Company,on the East by a straight line drawn from a point in the North line of said former
Railroad right-of-way 840.7 feet West of the Intersection of said North right-of-way line with the East line
of said Section 4,measured along said North line,to a point in the North line of said U.S. Highway No. 71,
measured along the North line of said U.S.Highway No. 71,866.17 feet West of the intersection of said
North line of said U.S.Highway No. 71 and the East line of said Section 4,on the West by the West line of
the Southeast 1/4 of the Southeast 1/4 of Section 4,Township 50,Range 33.
23-2.0-03-000-003-028(Briarcliff Development Co.)
All that part of the South half of the Southwest Fractional Quarter of Section 3,Township 50,
Range 33, West of the old boundary in Platte County,Missouri,described as follows:
Beginning at the intersection of the Northerly line of the right of way of a public road known as
U. S. Highway 71,with the East line of Platte County,Missouri;thence North along said county
line a distance of 768.39 feet to a point;thence West at right angles to the last described line a
distance of 260.29 feet to a point;thence Southwesterly along a line which deflects to the left 80
degrees, 09 minutes, 18 seconds, from the last described course a distance of 614.74 feet to a
point in the Northerly line of said highway right of way;thence Southeasterly along the Northerly
line of said highway right of way, a distance of 400 feet,more or less,to the point of beginning.
Except the Southerly 150 feet measured at right angles from the Southerly line of the described
tract,all in the City of Riverside, Platte County, Missouri.
Excepting therefrom all that part lying within the parking lot of Briarcliff III Office Building.
23-2.0-034)00-003-025(Briarcliff Development Co.)
All of that part of the Southwest fractional quarter(West of Indian Boundary and County line)of
Section 3,Township 50,Range 33 in Platte County, Missouri,more particularly described as
follows:Beginning at a point in the East line of said county and said Fractional Section 3,which
la
Book 1243 Page 182
is 1,088.39 feet North of the intersection of the Northerly line of right of way of State Highway
designated U.S. 71 with said Section and County line 30 feet Northerly from the center of original
18 foot pavement in said highway and at right angles thereto; the said point of beginning being
38.5 feet South of a stone used to divide the North and South halves of the Southwest quarter
Section 3 in Clay County,but not in Platte County;thence Southerly on the East line of Platte
County 320 feet(azimuth 0 degrees 56')to the Northeast corner of Maxwell tract;thence
Westerly at right angles(azimuth 90 degrees 56') 260.29 feet to the Northwest comer of Maxwell
tract;thence azimuth 10 degrees 48' along the Westerly line of Maxwell tract 408.50 feet to a
point;thence Westerly(azimuth 114 degrees 56')parallel to said highway line a distance of
137.71 feet; thence curving left from last line as a tangent on a circle of 3,094.93 feet radius a
distance on are of 256.58 feet,central angle of 4 degrees 45';thence Westerly(azimuth 110
degrees 11')on a tangent to last described curve and 200 feet Northerly from said highway a
distance of 44.38 feet to the Easterly line of a private road;thence Northerly and Northeasterly
with the meanderings of the Easterly line of said road to a point 653 feet West of beginning;
thence Easterly(azimuth 90 degrees 56) 653 feet to point of beginning, EXCEPT that part
thereof lying Northwest of the Northwest line of the land described in Book 156,at page 132,
Recorder's Office, in Platte County,Missouri.
23-2.0-03-000-004-001-000(Briarcliff Development Co.)
All that part of the Southwest Fractional Quarter of Section 3,Township 50 North,Range
33 West, lying South of the public road and described as beginning at a point at the
Southwest corner of Section 3,Township 50 North,Range 33 West;thence East along
the South line of Section 3,828.00 feet to a point on the line between Platte and Clay
Counties,Missouri;thence North along said county line,87.30 feet to a point on the
South line of said public road;thence Northwesterly on a straight line,making a
Northwest angle with the East line of Platte County of 65 degrees 50 minutes,a distance
of 625.77 feet;thence on a curve to the left,having a radius of 2804.93 feet,a distance of
234.13 feet;thence on a tangent to last described curve,43.10 feet to a point in the West
line of said Fractional Quarter Section 3;thence South along the West line of said Section
3,a distance of 423.33 feet to a point of beginning,(Said tract being the same tract as that
conveyed by the City of Kansas City,Missouri,to E.H.Young in that certain deed dated
February 24, 1975 and recorded in Book 462,Page 631 as File#45055 and#10100 of
the Platte County Recorder.)
EXCEPT that part deeded November 4,2003 as Document No.30819 in Book 1020 at
Page 667,and EXCEPT that part deeded November 4,2003 as Document No.30820 in
Book 1020 at Page 668,and EXCEPT that part deeded November 4,2003 as Document
No. 31586 in Book 1021 at Page 432,re-recorded February 19,2004 as Document No.
2991 in Book 1027 at Page 624.
23-2.0-10-000-000-001-000(Briarcliff Development Co.)
All that part of the Northwest fractional Quarter of Section 10,Township 50 North,
Range 33 West, lying North of Missouri State Highway No.9 and described as beginning
at the Northwest comer of said Section 10;thence South along the West line of Section
10 a distance of 99 feet more or less to the North property line of Missouri State Highway
No.9;thence East along the said North property line a distance of 121.4 feet to a point of
curve;thence East along said North property line on a curve to the right having a radius
of 2989.93 feet a distance of 710 feet more or less to the intersection of the North
property line of Missouri State Highway No.9 and the boundary line between Clay and
Platte Counties,Missouri;thence North along said County line 165 feet more or less to
the North line of Section 10;thence West along the North line of Section 10 a distance of
828 feet to the point of beginning.
23-2.0-04-400-007-008-000(Greenside Investments)
All that part of the Northwest Quarter of the Southeast Quarter of Section Four(4),
Township Fifty(50)Range Thirty-three(33)and of Blocks Two(2)and Four(4),
RIVERSIDE,a subdivision in Platte County,Missouri,described as follows: Beginning
on the East line of the 100 foot right of way of new Highway No.59 as said highway is
03
Book 1243 Page 182
described in the deed dated August 19, 1932,executed by Lulu M.Eldridge to State of
Missouri,665.5 feet South and 297.4 feet East of the center of Section 4,Township 50,
Range 33;thence due East,86.2 feet to the Westerly line of the 66 foot right of way of
the K.C.C.C. and St.Joseph Railroad;thence Southerly along said right of way 447.2
feet;thence South, 52 degrees West,5.6 feet to the Easterly line of the right of way of
said Highway;thence Northerly along the Easterly line of said highway right of way,
484.83 feet to the point of beginning,
Less and Except that part taken for right-of-way purposes to the City of Riverside,
Missouri,as shown in Instrument filed January 26,2004 as Document No.2096 in Book
1026 at Page 733.
23-2.0-04-400-007-007-000(Greenside Investments)
All of Block B,RENNER PLAZA NO.3,a subdivision in Riverside,Platte County,
Missouri,according to the recorded plat thereof.EXCEPT those parts conveyed to The
City of Riverside, Missouri by Warranty Deed filed as Document No.0031309 in Book
1021 at Page 158 and by Warranty Deed filed as Document No.0031953 in Book 1021 at
Page 797.
23-2.0-04-400-07-04(City of Riverside)
Tract 1:
All that part of parcel of land lying in the Southeast Quarter of Southeast Quarter of Section 4,
Township 50, Range 33 West,Riverside,Platte County,Missouri,bounded as follows: On the
East by a line drawn parallel to and 379 feet West of the East line of Section 4,Township 50
North, Range 33 West;on the South by the North line of U.S.Highway#71; on the North by a
North line of the former right of way of Kansas City, Clay County&St. Joseph Railway
Company,and on the West by a straight line drawn from a point in the North line of said right of
way 639.7 feet West of the intersection of said North right of way line with the East line of said
Section 4,Township 50 North Range 33 West,to a point in die North line of U.S.Highway#71,
668,17 feet West of the intersection of said North line of U.S. Highway#71,and the East line of
Section 4,Township 50 North and Range 33 West, Platte County,Missouri.
Tract 2:
All of that part of parcel of land lying in the Southeast Quarter of the Southeast Quarter of
Section 4,Township 50 North and Range 33 West,Riverside, Platte County,Missouri,bounded
as follows:On the South by the North line of U.S. Highway#71;On the North by the North line
of the former right of way of the Kansas City,Clay County & St.Joseph Railway Company; On
the East by a straight line drawn from a point in the North line of said right of way 639.7 feet
West of the intersection of said North right of way line with the East line of said Section 4,to a
point in the North line of said U.S. Highway#71,668.17 feet West of the intersection of said
North line of U.S. Highway#71; and the East line of said Section 4,Township 50 North and
Range 33 West; On the West by a line drawn parallel to and 75 feet West of the aforesaid East
boundary of Tract 2 herein described,Except that part of tract numbered I above described lying
East of a line drawn parallel to and 16 feet Westerly distance from the East line of said tract
Numbered l above.
23-2.0-03-000-003-027(City of Riverside)
That part of the South half of the Southwest fractional Quarter of Section 3,Township 50, Range
33 West of the former West boundary of the State of Missouri,now in Riverside,Platte County,
Missouri, being a strip of land 200 feet in width North of the North line of Highway 71,said
North line being 30 feet Northerly from the center line of the original pavement and 21 feet
Northerly from the Northerly edge of said pavement;said land being more particularly described
as follows:
Beginning at the Southwest comer of a tract of land heretofore deed to Wm.F. Maxwell by deed
recorded in Book 131 at Page 29 of the records in the Office of the Recorder of Deeds for Platte
County, Missouri;said point being on the aforesaid Northerly line of the right-of-way of
Highway 71 and 400 feet Northwesterly, measured along said right-of-way line from the Easterly
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line of said fractional section; running thence Northerly along the Westerly line of said Maxwell
tract(Azimuth 190 degrees 48 minutes clockwise from the South),206.24 feet; thence Westerly
(Azimuth 114 degrees 56 minutes)parallel to said highway line a distance of 137.71 feet;thence
curving left from the last described as a tangent on a circle of 3094.93 feet,radius, a distance of
119.75 feet,thence(Azimuth 22 degrees 41 minutes 17 seconds),a distance of 200 feet to the
North line of Highway,thence Easterly on the North line of said Highway curving right on a
radius 2894.93 feet,a distance of 113.45 feet;thence on a tangent to the last described course
along the North line of said Highway(Azimuth 294 degrees 56 minutes), a distance of 186.55
feet to the point of beginning.
23-2.0-04-400-07-05(City of Riverside)
All that part of parcel of land lying in the Southeast Quarter of the Southeast Quarter of Section 4,
Township 50, Range 33, in Riverside, Platte County,Missouri,bounded as follows: On the
South by the North line of U.S. Highway No, 71;On the North by the North line of the former
right-of-way of the Kansas City,Clay County and St.Joseph Railway Company;On the East by a
straight line drawn from a point in the North line of said railroad right-of-way 714.7 feet West or
the intersection of said North right-of-way line with the East line of said Section 4,measured
along said right-of-way line to a point in the North line of U.S. Highway No. 71, 743.17 feet west
of the intersection of said North line of U.S. Highway No. 71 and the East line of said Section 4,
measured along said North line;On the West by a straight line drawn from a point on the North
line of said railroad right-of-way 840.7 feet West of the intersection of said North right-of-way
line with the East line of said Section 4, measured along said North right-of-way to a point in the
North line of said U.S.Highway No. 71, 866.17 feet West of the intersection of said North line of
U.S. Highway No. 71 and the East line of said Section 4 measured along said North line,
EXCEPT any part in roads.(Said tract being the same tract as that conveyed by Colin C.
Campbell and Marilee Campbell to EA Young and C.A. Young in that certain deed dated
November 30, 1990 and recorded in Book 748,Page 953 and File 901 1382 of the Platte County
Recorder.)
23-2.0-03-000-003-029(City of Riverside)
The Southerly 150 feet measured at right angles from the Southerly line of the following
described tract: All that part of the South Half of the Southwest Fractional Quarter of Section 3,
Township 50,Range 33,West of the old boundary, in Platte County, Missouri,described as
follows:Beginning at the intersection of the Northerly line of the right of way of a public road
known as U.S. Highway No. 71 with the East line of Platte County,Missouri,thence North along
said county a distance of 768.39 feet to a point; thence West at right angles to the last described
line,a distance of 260.29 feet to a point;thence Southwesterly along a line which deflects to the
left 80 degrees 9 minutes 18 seconds from the last described course,a distance of 614.74 feet to a
point in the Northerly line of said highway right of way;thence Southeasterly along the Northerly
line of said highway right of way,a distance of 400 feet to the point of beginning,EXCEPT any
portion thereof located within the boundaries of roads,streets or highways.
23-2.0-03-000-003-026& 23-2.0-03-000-003026-001(Riverside-Quindaro Bend Levee)
That part of the South One-Half of the Southwest Fractional Quarter of Section 3,Township 50,
Range 33,West of the former boundary of the State of Missouri now situated in Platte County,
Missouri,more particularly described as follows:Beginning at a point on the Northerly line of the
right-of-way of Highway No. 71, 21 feet Northerly from the North edge of the pavement on said
highway and 850 feet Westerly, measured along the Northerly line of said highway, from the
Easterly line of said Fractional Section;thence Easterly(Azimuth 290 degrees 11 minutes
clockwise from the South)along the Northerly line of said Highway 24.29 feet;thence curving
right along said highway on a circle of 2,894.93 feet radius,a distance of 125.71 feet;thence
(Azimuth 202 degrees 41 minutes 17 seconds)a distance of 200 feet;thence Westerly parallel to
Northerly line of said highway curving left on a circle of 3,094.93 feet radius,a distance of
136.96 feet;thence on a tangent to the last described curve(Azimuth 110 degrees 11 minutes)a
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distance of 44.38 feet to the East line of a private road;thence Southerly on the Easterly line of
said road curving right from a tangent to said road,having a azimuth of 6 degrees 51 minutes 57
seconds on a circle of 270 feet radius,a distance of 131.87 feet; thence South 73.73 feet to the
point of beginning. Except any part in streets or right of way.
23-2.0-03-000-002-010(Indian Hills Land Company,Inc.)
A tract of land in the Southwest Fractional Quarter of Section 3,Township 50,Range 33,in Platte
County,Missouri,described as follows:
Beginning at the Southwest corner of said Section 3,thence North 545 feet to the point of
beginning,thence North 595 feet,thence Southeasterly 63.96 feet,thence Southwesterly along
Valley Lane to point of beginning.
Note: This is an approximate legal description of said property
Streets
All that part of West Platte Road,Valley Lane and Riverside Drive lying with this TIF district
together with those tracts taken for permanent right of way by the City of Riverside,Missouri in
Condemnation Case 03CV83496 and in Book 1020 at page 667,Book 1020 at page 668, Book
1021 at page 158, Book 1021 at page 432 and re-recorded in Book 1027 at page 624, Book 1021
at page 797 and Book 1026 at page 733.
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