HomeMy WebLinkAbout1452 Final Plat Belgian Bottoms Buisness Park 2nd Plat BILL NO. 2016-011 ORDINANCE NO. y
AN ORDINANCE APPROVING THE FINAL PLAT OF BELGIAN BOTTOMS BUSINESS
PARK, 2nd PLAT, A SUBDIVISION OF THE CITY OF RIVERSIDE, PLATTE COUNTY,
MISSOURI.
WHEREAS, Application No. PC16-01, submitted by DK Riverside, LLC requesting
approval of the final plat for Belgian Bottoms Business Park, 2nd Plat , a minor subdivision in the
City of Riverside, Platte County, Missouri, was referred to the Planning Commission; and
WHEREAS, the Planning Commission considered the application on January 28, 2016
and rendered a report to the Board of Aldermen recommending that the final plat be approved;
and
WHEREAS, that it is in the best interests of the City of Riverside, Missouri to approve the
final plat Belgian Bottoms Business Park, 2nd Plat as set forth herein;
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE
CITY OF RIVERSIDE, MISSOURI, AS FOLLOWS:
SECTION 1 — APPROVAL OF FINAL PLAT. That the Final Plat of Minor Plat of
Belgian Bottoms Business Park, 2" Plat, a subdivision of the City of Riverside, Platte County,
Missouri, a true and correct copy of which is attached hereto and incorporated herein, is
hereby approved, platting the property legally described in Exhibit "A" attached hereto.
SECTION 2—APPROVAL OF DEDICATION. That the City of Riverside approves
dedication of the streets, municipal uses, easement, access, and utilities shown on the plat, not
heretofore dedicated to the public on property owned by the City as shown on the plat.
SECTION 3 - ACCEPTANCE OF DEDICATION. That the City of Riverside hereby
further accepts the dedication of on the plat of all streets, municipal uses, easement, access, and
utilities shown on the plat, not heretofore dedicated to the public is hereby accepted for the
purpose as therein set out.
SECTION 4— REPEAL OF ORDINANCES IN CONFLICT. All ordinances or parts of
ordinances in conflict with this ordinance are hereby repealed.
SECTION 5—SEVERABILITY CLAUSE. The provisions of this ordinance are severable
and if any provision hereof is declared invalid, unconstitutional or unenforceable, such
determination shall not affect the validity of the remainder of this ordinance.
SECTION 6 — EFFECTIVE DATE. This ordinance shall be in full force and effect from
and after the date of its passage and approval.
BE IT REMEMBERED that the above was read two times by heading only, PASSED
AND APPROVED by a majority of the Board of Aldermen and APPROVED by the Mayor of
the City of Riverside, Missouri, this 2nd day of February, 2016.
at en L. Rose, Mayo
ATTEST:S
Rgbin'"kirtcaid;'City Clerk
Case # PC16-01 Final Plat
Belgian Bottoms Business Park, 2nd Plat
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FINAL PLAT
BELGIAN BOTTOMS BUSINESS PARK, 2ND PLAT
A TRACT OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 6,TOWNSHIP 50 NORTH,RANGE 33 WEST
OF THE 5TH PRINCIPAL MERIDIAN,IN THE CITY OF RIVERSIDE,PLATTE COUNTY,MISSOURI
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MINUTES
REGULAR MEETING
PLANNING AND ZONING COMMISSION
RIVERSIDE, MISSOURI
Thursday, January 28, 2016
6:30 p.m.
The Planning and Zoning Commission for the City of Riverside, Missouri, met in regular session at
Riverside City Hall, 2950 NW Vivion Road, Riverside, Missouri.
The meeting was called to order at 6:30 p.m. Answering roll call were Stephen King,Mike Lombardo,
Ray Uhl, Harold Snoderley, Mike Soler,and Al Bowman. Also present: City Planner Jackie Carlson, Fire
Marshal Keith Payne and Community Development Assistant Sarah Wagner. Members absent were
Steven Kaspar,Nathan Cretsinger, Jim Frakes and Mayor Kathy Rose.
Approval of Minutes of Commissioner Uhl moved to approve the minutes of December 10,
December 10, 2015. 2015, seconded by Commissioner Soler.
Motion passed 6-0.
Final Plat-Belgian Bottoms City Planner Carlson gave a brief overview of the request. She stated
Business Park,2nd Plat. that the applicant is requesting to plat land that they purchased from
Knappco. The property is just less than 5 acres. It has all road and
utilities to the property and is in conformance with the City Master Plan
as well as the UDO.
Commissioner Lombardo moved to recommend approval of the Final
Plat for Belgian Bottoms Business Park, 2nd Plat to the Board of
Aldermen, seconded by Commissioner Snoderley.
Motion carried 6-0
Carlson gave a brief overview of the request. She stated that the
Final Plat- Burch Lot Split, applicant is looking to reconfigure two lots, each with a single family
First Plat residence on them, into three lots. All proposed lots meet the City's
minimum requirements.
Commissioner Soler moved to recommend approval of the Final Plat for
Burch Lot Split,First Plat to the Board of Aldermen, seconded by
Commissioner Snoderley.
Motion carried 6-0.
Commissioner Soler moved to adjourn at 6:41 p.m.
Commissioner Uhl seconded and the meeting was adjourned 6-0.
Adjourn
Sarah Wagner
Community Development
1
p CITY OF City of Riverside
RwERs� Staff Analysis Report
MISSt2UR1 Case No. PC16-01Final Plat Belgian Bottoms
Business Park, 2"d Plat
General Information
Applicant: DK Riverside, LLC
Location: South of Knappco, west of NW Mattox Rd, north of Seattle Fish Co, and east of Belgium
Blvd.
Application: Final Plat(Minor Subdivision)
Current Zoning: GP-I: General Planned Industrial
Existing Land Use: Undeveloped
Proposed Land Use: Industrial
Site Area: 210,298 sq.ft(4.8 acres)
Number of Proposed Lots: I lot
Procedure: As this application is a minor subdivision, no preliminary plat is required. Thus, the final
plat will be reviewed by the Planning Commission and the Board of Aldermen.
Analysis
Site Layout& Improvements: The applicant is requesting a final plat for a previously unplatted
portion of ground that was recently purchased. All roads and utilities are available to the property. The
plat includes a 15 foot utility easement around the perimeter of the property and a 12.5 foot and 20 foot
sanitary sewer easement on the south and west sides.
Conformance to Comprehensive Master Plan: The plat and proposed use are in conformance with the
Comprehensive Master Plan as the plan identifies the area as industrial/business park.
Recommendation
Staff finds the application in conformance with the Comprehensive Master Plan, UDO and adopted
policies and procedures, and therefore, recommends approval of the Final Plat.
Attachments
• Location Map
• Final Plat
Page 1 of 1
Recorded in Platte County,Missouri
Recording DatelTime:02/21/2019 at 10:54:20 AM
Instr Number: 2019001677 ,,,
`, PDER ORS
Book: 1308 Page: 594 ; �°. • Fo:
' 1 � •,,?
/
Type: TR WD ? i 4. :
.;�
Pages:q ���;• ' .yo
Fee: $33.00 S °ouiir.4Glori
Electronically Recorded
RecorderBoyer of Deeds
(The above space is reserved for Recorder's Certification.)
TITLE OF DOCUMENT: SPECIAL WARRANTY DEED
DATE OF DOCUMENT: February 21,2019
GRANTOR: CITY OF RIVERSIDE,MISSOURI
GRANTOR'S MAILING ADDRESS: 2950 N.W.Vivion Road
Riverside,Missouri 64150
GRANTEE: BELGIUM BOTTOMS 3,LLC
GRANTEE'S MAILING ADDRESS: 2345 Grand Boulevard,Suite 1600
Kansas City,Missouri 64108
RETURN DOCUMENTS TO: Gary A.Anderson,Esq.
Gilmore&Bell,P.C.
2405 Grand Boulevard,Suite 1100
Kansas City,Missouri 64108
LEGAL DESCRIPTION: See Exhibit A
This cover page is attached solely for the purpose of complying with the requirements stated in
§§59.310.2;59.313.2 Revised Missouri Statutes.
(The above space is reserved for Recorder's Certification.)
TITLE OF DOCUMENT: SPECIAL WARRANTY DEED
DATE OF DOCUMENT: February 21,2019
GRANTOR: CITY OF RIVERSIDE,MISSOURI
GRANTOR'S MAILING ADDRESS: 2950 N.W.Vivion Road
Riverside,Missouri 64150
GRANTEE: BELGIUM BOTTOMS 3,LLC
GRANTEE'S MAILING ADDRESS: 2345 Grand Boulevard, Suite 1600
Kansas City,Missouri 64108
RETURN DOCUMENTS TO: Gary A.Anderson,Esq.
Gilmore&Bell,P.C.
2405 Grand Boulevard, Suite 1100
Kansas City,Missouri 64108
LEGAL DESCRIPTION: See Exhibit A
This cover page is attached solely for the purpose of complying with the requirements stated in
§§59.310.2; 59.313.2 Revised Missouri Statutes.
SPECIAL WARRANTY DEED
THIS SPECIAL WARRANTY DEED, made as of February 21, 2019, from the CITY OF
RIVERSIDE, MISSOURI, a political subdivision and body corporate organized and existing under the
laws of the State of Missouri (the "Grantor"), having its mailing address as follows: 2950 N.W. Vivion
Road, Kansas City, Missouri 64150, to BELGIUM BOTTOMS 3, LLC, a Missouri limited liability
company (the "Grantee"), having its mailing address as follows: 2345 Grand Boulevard, Suite 1600
Kansas City,Missouri 64108.
WITNESSETH,THAT THE GRANTOR,in consideration of the sum of One Hundred Dollars
($100.00) and other valuable considerations to it paid by the Grantee (the receipt of which is hereby
acknowledged)does by these presents,SELL and CONVEY unto the Grantee, its successors and assigns,
the lots,tracts or parcels of land described in EXHIBIT A, which is attached hereto, subject to all matters
of record.
TO HAVE AND TO HOLD, the premises aforesaid, with all and singular the rights, privileges,
appurtenances and immunities thereto belonging or in anyway appertaining unto the Grantee and unto its
successors and assigns forever; the Grantor hereby covenanting that the said premises are free and clear
from any encumbrance done or suffered by it, except as provided herein; and that it will warrant and
defend the title to said premises unto the Grantee and unto the Grantee's successors and assigns forever,
against the lawful claims and demands of all persons claiming under Grantor and no other, except as
provided herein.
[The remainder of this page intentionally left blank.]
IN WITNESS WHEREOF,the Grantor has executed this Special Warranty Deed as of the day
and year above written.
CITY OF RIVERSIDE,MISSOURI
•
_[SEAL]
By:
Name: K een L.Rose
Title: Mayor
•
ATTEST:
By:
Name: Robin Kincaid
Title: City Clerk
ACKNOWLEDGMENT
STATE OF MISSOURI )
) SS.
COUNTY OF PLATTE )
On this /4 day of V , 2019, before me, the undersigned, a Notary Public,
appeared KATHLEEN L. ROSE and ROBIN to me personally known, who, being by me
duly sworn,did say that they are the Mayor and City Clerk of the CITY OF RIVERSIDE,MISSOURI,
and that the seal affixed to the foregoing instrument is the corporate seal of said City, and that said
instrument was signed and sealed by authority of its Board of Aldermen, and said officers acknowledged
said instrument to be executed for the purposes therein stated and as the free act and deed of said City.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the
County and State aforesaid,the day and year first above written.
Name::--�� C
Notary Public in and for sal ,tate
(SEAL)
SARAN WAGNER .-
My Commission Expires: \`— \�� \`\ • Notary Public. Notary Seri
State of Missouri
Clinton
Commission#1 1277184
My Commission Ex fires 1 1-13-2019
Belgium Bottoms 3,LLC Special Warranty Deed
EXHIBIT A
LEGAL DESCRIPTION
Lot 2B, BELGIAN BOTTOMS BUSINESS PARK LOTS 2A & 2B, a subdivision in Riverside, Platte
County,Missouri
A-1
Recorded in Platte County,Missouri
Recording Date/Time:02/21/2019 at 10:54:20 AM
Instr Number: 2019001676 o'QOER OFO-
Book: 1308 Page: 593 ;°�o Ott,
Type: DR DR /' ' - 1ai
•J;
Pages:? --5:•'.
Fee: $42.00 S FcOUNT t 4 ,',`
Electronically Recorded Record GloriaBoyer
rder of Deeds
TERMINATION OF LEASE AGREEMENT AND
RELEASE OF TRUST INDENTURE
Grantor under Lease Agreement and City of Riverside,Missouri
Trust Indenture: 2950 N.W.Vivion Road
Riverside,Missouri 64150
Anthony Simone and Edith Simone
Grantee under Lease Agreement: 1001 E. I1`°Street
Kansas City,Missouri 64106
Belgium Bottoms 3,LLC
Grantee under Assignment of Lease: 2345 Grand Boulevard,Suite 1600
Kansas City,Missouri 64108
Security Bank of Kansas City,as
Trustee
Grantee under Trust Indenture: 701 Minnesota Avenue,Suite 206
Kansas City,Kansas 66101
Attention: Corporate Trust
Real Property Legal Description: See Exhibit A on page 7
Document No.2017017146 in Book 1289
at Page 900
Document Reference:
Document No.2018003701 in Book 1293
at Page 706
Date: February 21,2019
TERMINATION OF LEASE AGREEMENT AND
RELEASE OF TRUST INDENTURE
Grantor under Lease Agreement and City of Riverside,Missouri
Trust Indenture• 2950 N.W.Vivion Road
Riverside,Missouri 64150
Anthony Simone and Edith Simone
Grantee under Lease Agreement: 1001 E. 116 Street
Kansas City,Missouri 64106
Belgium Bottoms 3,LLC
Grantee under Assignment of Lease: 2345 Grand Boulevard,Suite 1600
Kansas City,Missouri 64108
Security Bank of Kansas City,as
Trustee
Grantee under Trust Indenture: 701 Minnesota Avenue,Suite 206
Kansas City,Kansas 66101
Attention: Corporate Trust
Real Property Legal Description: See Exhibit A on page 7
Document No.2017017146 in Book 1289
at Page 900
Document Reference:
Document No. 2018003701 in Book 1293
at Page 706
Date: February 21,2019
TERMINATION OF LEASE AGREEMENT AND
RELEASE OF TRUST INDENTURE
THIS TERMINATION OF LEASE AGREEMENT AND RELEASE OF TRUST
INDENTURE dated as of February 21, 2019 (the "Agreement"), is by and among the CITY OF
RIVERSIDE, MISSOURI, a political subdivision and body corporate organized and existing under the
laws of the State of Missouri (the "City"), BELGIUM BOTTOMS 3, LLC, a Missouri limited liability
company (the "Company"), and SECURITY BANK OF KANSAS CITY, a state banking corporation
with its principal corporate trust office located in Kansas City,Missouri,as Trustee(the"Trustee").
WITNESSETH:
WHEREAS, the City has heretofore issued its Taxable Industrial Revenue Bonds(Necco Coffee
Co., Inc. Project), Series 2017, in the aggregate principal amount of$4,000,000 (the "Bonds"), under a
Trust Indenture dated as of December 1, 2017 (the"Indenture"),between the City and the Trustee, for the
purpose of paying the costs of acquiring,constructing,installing and equipping an approximately 100,000
square foot office and warehouse building and associated site work and infrastructure for the Company
for industrial development purposes (the "Project"), and located on the real property described in
EXHIBIT A,which is attached hereto; and
WHEREAS, in connection with the issuance of the Bonds, the City, as lessor, and Anthony
Simone and Edith Simone, husband and wife ("Anthony and Edith Simone"), entered into a Lease
Agreement dated as of December 1, 2017; and
WHEREAS, the City and Anthony and Edith Simone caused a Memorandum of Lease dated as
of December 1, 2017 to be filed for record in the office of the Recorder of Deeds of Platte County,
Missouri on December 27,2017 as Document No. 2017017146 in Book 1289 at Page 900; and
WHEREAS,the City, the Trustee, Anthony and Edith Simone and the Company entered into an
Omnibus Assignment and Assumption of Bond Documents in which the Anthony and Edith Simone
assigned to the Company and the Company assumed from Anthony and Edith Simone all right, benefits,
privileges, and obligations under the Bonds and the Lease Agreement;and
WHEREAS,the City and the Company caused a Memorandum of Assignment of Lease dated as
of March 6, 2018 to be filed for record in the office of the Recorder of Deeds of Platte County, Missouri
on March 23,2018 as Document No. 2018003701 in Book 1293 at Page 706; and
WHEREAS, Section 11.4 of the Lease provides that the Company agrees to purchase, and the
City agrees to sell, the Project for the sum of$100 at the expiration of the Lease Term or following full
payment of the Bonds or provision for payment thereof having been made in accordance with the
provisions of the Indenture;and
WHEREAS, the Bonds have been paid in full, all sums of money due or to become due
according to the provisions of the Indenture have been paid to the Trustee, all liabilities of the Company
under the Lease have been paid, and the City has sold the Project to the Company, pursuant to the terms
of the Lease;and
WHEREAS, the City, the Company and the Trustee hereby acknowledge that all conditions
precedent to the satisfaction and discharge of the Indenture and satisfaction and termination of the Lease
have been complied with in accordance with the provisions thereof and desire to evidence said
satisfaction,discharge and termination;
NOW,THEREFORE, THE CITY, THE COMPANY AND THE TRUSTEE DO HEREBY
STATE AND DECLARE:
1. That as of the date hereof,all conditions precedent to the satisfaction and discharge of the
Indenture have been complied with in accordance with the terms of the Indenture,the Indenture has been
satisfied and discharged and the property therein described is hereby released from the lien and effect of
the same.
2. That as of the date hereof,the Lease,as amended and assigned,(and the Memorandum of
Lease Agreement and the Memorandum of Assignment of Lease filed with respect thereto) is hereby
terminated and shall be no further force and effect.
3. That as of the date hereof, the property situated in Platte County, Missouri described in
Exhibit A attached hereto is hereby released from the lien and effect of the instruments described in
paragraphs 1 and 2 above.
[Rest of page intentionally left blank]
Belgium Bottoms 3.LLC Termination and Release Agreement 2
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed
by their duly authorized signatories,all as of the day and year first above written.
CITY OF RIVERSIDE,MISSOURI
[SEALI.'
By: .
• Name: Ka leen L. Rose
Title: Mayor
ATTEST: , . •:
By: -�2
Name: Robin Kincaid
Title: City Clerk
ACKNOWLEDGMENT
STATE OF MISSOURI )
) SS.
COUNTY OF PLATTE )
tt
On this ! day of •e,{ctA a yy , 2019, before me, the undersigned, a Notary Public,
appeared KATHLEEN L. ROSE and ROB1W KINCAID, to me personally known, who, being by me
duly sworn,did say that they are the Mayor and City Clerk of the CITY OF RIVERSIDE, MISSOURI,
and that the seal affixed to the foregoing instrument is the corporate seal of said City, and that said
instrument was signed and sealed by authority of its Board of Aldermen, and said officers acknowledged
said instrument to be executed for the purposes therein stated and as the free act and deed of said City.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the
County and State aforesaid,the day and year first above written.
r
--- a -_--7
Name: ' 1t1 /.......2OWN
Notary Public in and for saifcl State
(SEAL)
MyCommission Expires: \V"\3— 3\ SARAH WAGNER "ZK
p Notary Public, Notary Se (°State of Missouri x
Clinton County i
Commission#11277184 l
My Commission Expires 11-13-201 9
Belgium Bottoms 3,LLC Termination and Release Agreement 3
BELGIUM BOTTOMS 3,LLC,
a Missouri limited liability company,
By: J.
3 61,M
Ro Becker, Managing
Member
ACKNOWLEDGMENT
STATE OF MISSOURI )
)ss.
COUNTY OF PLATTE )
On this hi day of , e,-(4. /, 2019, before me, appeared ROBERT J. BECKER,
Managing Member of BELGIUM BOTTOMS 3, LLC, a Missouri limited liability company (the
"Company"),and that the foregoing instrument was signed for the purposes therein contained on behalf of
the Company and by authority of the Company; and he further acknowledged said instrument to be the
free act and deed of the Company.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year first above written.
41,1e6q6rdi
MAMA L Win
al[� 4=1" N4t6,i
Public
Of
At Commbtl Dot.S. 2A2 J �! �
Commission 24539943 Printed Name
My Commission Expires: 4
Belgium Bottoms 3,LLC Termination and Release Agreement 4
SECURITY BANK OF KANSAS CITY, as
successor to FIRST BANK OF MISSOURI,as
Trustee
By:
Name: Pete Gardner
Title: Vice President
ACKNOWLEDGMENT
STATE OF MISSOURI )
) SS-
COUNTY OF JACKSON )
On this J '` day of Fe.b n , 2019, before me, the undersigned, a Notary Public in
and for said State,personally appeared PETE GARDNER, to me personally known, who,being by me
duly sworn, did say that he is a Vice President of SECURITY BANK OF KANSAS CITY, a state
banking corporation, and that the seal affixed to the foregoing instrument is the corporate seal of said
bank,and that said instrument was signed and sealed in behalf of said bank by authority of its board of
directors,and said individual acknowledged said instrument to be the free act and deed of said bank.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my notarial seal the
day and year last above written.
A. DEBORA
P tiIc 1-1 ARtE NTA
Nntary • •Stato of K ansas Notary Public—State of Missouri
[SEAL]
My appointment expires 011 ' S' q
5
B4giem Bottoms 3.LLC Termination and Release Agnsement
Exhibit A
LEGAL DESCRIPTION
Lot 2B, BELGIAN BOTTOMS BUSINESS PARK LOTS 2A & 2B, a subdivision in Riverside, Platte
County,Missouri
A."- (
; i i ,,,, --,
Recorded in Platte County,Missouri
Recording Date/Time:12/27/2017 at 01:59:41 PM
Instr Number: 2017017145 "'""'
Book:
1289 Page: 899 ��°..• • FFa
Type: TR WD -a,,r
Pages:3 �,�:'J t' :o�•
Fee: $30.00 S �cOtfHTt 4NGoo'`,`
Gloria Boyer
Electronically Recorded Recorder of Deeds
(The above space is reserved for Recorder's Certification.)
04t06t ea15-7-1
TITLE OF DOCUMENT: SPECIAL WARRANTY DEED
DATE OF DOCUMENT: December 21,2017
GRANTOR: ANTHONY SIMONE AND EDITH SIMONE
GRANTOR'S MAILING ADDRESS: 1001 E. 11th Street
Kansas City, Missouri 64106
GRANTEE: CITY OF RIVERSIDE,MISSOURI
GRANTEE'S MAILING ADDRESS: 2950 N.W. Vivion Road
Riverside,Missouri 64150
RETURN DOCUMENTS TO: Gary A.Anderson,Esq.
Gilmore&Bell,P.C.
2405 Grand Boulevard,Suite 1100
Kansas City,Missouri 64108
LEGAL DESCRIPTION: Lot 2B, BELGIAN BOTTOMS BUSINESS PARK
LOTS 2A & 2B, a subdivision in Riverside, Platte
County,Missouri
This cover page is attached solely for the purpose of complying with the requirements stated in
§§59.310.2; 59.313.2 Revised Missouri Statutes.
SPECIAL WARRANTY DEED
THIS SPECIAL WARRANTY DEED, made as of December 21, 2017, from ANTHONY
SIMONE AND EDITH SIMONE, husband and wife (the "Grantor"), to CITY OF RIVERSIDE,
MISSOURI,a political subdivision and body corporate organized and existing under the laws of the State
of Missouri(the"Grantee"), having its mailing address as follows: 2950 N.W.Vivion Road,Kansas City,
Missouri 64150.
WITNESSETH,THAT THE GRANTOR,in consideration of the sum of One Dollar($1.00)and
other valuable considerations to it paid by the Grantee(the receipt of which is hereby acknowledged)does
by these presents, SELL and CONVEY unto the Grantee, its successors and assigns, the lots, tracts or
parcels of land described as follows:
All of the following property located in Platte County,Missouri: CO
Lot 2B,BELGIAN BOTTOMS BUSINESS PARK LOTS 2A &
2B,a subdivision in Riverside,Platte County,Missouri •
0
TO HAVE AND TO HOLD,the premises aforesaid,with all and singular the rights,privileges, co
appurtenances and immunities thereto belonging or in anyway appertaining unto the Grantee and unto its to
successors and assigns forever; the Grantor hereby covenanting that the said premises are free and clear
from any encumbrance done or suffered by it,except as shown on the title insurance policy to be received
by Grantee in connection with this special warranty deed; and that it will warrant and defend the title to
said premises unto the Grantee and unto the Grantee's successors and assigns forever, against the lawful
claims and demands of all persons claiming under Grantor and no other.
[The remainder of this page intentionally left blank.]
IN WITNESS WHEREOF,the Grantor has executed this Special Warranty Deed as of the day
and year above written.
GRANTOR:
ANTHONY SIMONE AND EDITH
SIMONE,
husband and wife,
as Purchaser
7
By6:. ,jit4
An oily Simone
By _•YC.^ %�L-f� Y:l�C. t I--"._c_�
CO
Edith Simone
M
CO
co
ACKNOWLEDGMENT co
00
co
ts>
STATE OF MISSOURI )
)ss.
COUNTY OF PLATTE )
On this\ day of December, 2017, before me, appeared Anthony Simone and Edith Simone
(the"Company"),to me personally known,who being duly sworn, did say that they are the persons who
executed the foregoing instrument and that the foregoing instrument was signed for the purposes therein
contained on behalf of the Company and by authority of the Company; and he further acknowledged said
instrument to be the free act and deed of the Company.
IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my official seal the day
and year first above written.
G. SCIARA
Notary Public - Notary.Seal . c \ -
STATE OF MISSOURI Notary Public
Clay County
My Commission Expires Apr. 29, 2019
Commission # S15038552
•
My Commission Expires:
Lk `d - 'a*31
Recorded in Platte County,Missouri
Recording Date/Time:1 212 712 0 1 7 at 01:59:41 PM
Instr Number: 2017017146
PpER OFQ'
Book: 1289 Page: 900 o�°
Type: DE LEASE e. N
Pages:7 -o
Fee: $42.00 S �c�UNrh�yr'\
ElectronicallyRecorded GloriaordBoyer
Recorder of Deeds
44.1, 't' (The above space is reserved for Recorder's Certification.)
TITLE OF DOCUMENT: MEMORANDUM OF LEASE AGREEMENT
DATE OF DOCUMENT: December 1,2017
GRANTOR: CITY OF RIVERSIDE, MISSOURI
GRANTOR'S MAILING ADDRESS: 2950 N.W.Vivion Road
Riverside,Missouri 64150
GRANTEE: ANTHONY SIMONE AND EDITH SIMONE
GRANTEE'S MAILING ADDRESS: 1001 E. 11`i'Street
Kansas City,Missouri 64106
RETURN DOCUMENTS TO: Gary A. Anderson,Esq.
Gilmore&Bell,P.C.
2405 Grand Boulevard, Suite 1100
Kansas City, Missouri 64108
LEGAL DESCRIPTION: See Exhibit A
MEMORANDUM OF LEASE AGREEMENT
THIS MEMORANDUM OF LEASE AGREEMENT, gives notice of, ratifies and confirms the
Lease Agreement dated as of December 1, 2017 (the "Lease"), among the CITY OF RIVERSIDE,
MISSOURI,a fourth-class city organized and existing under the laws of the State of Missouri(the"City"),
as lessor and grantor,ANTHONY SIMONE AND EDITH SIMONE,husband and wife(the"Company"),
as lessee;
RECITALS:
1. The City is authorized and empowered pursuant to the provisions of Article VI, Section
27(b)of the Missouri Constitution and Sections 100.010 through 100.200,inclusive,of the Revised Statutes
of Missouri, as amended (collectively, the "Act"), to purchase, construct, extend and improve certain
projects (as defined in the Act) and to issue industrial development revenue bonds for the purpose of
providing funds to pay the costs of such projects and to lease or otherwise dispose of such projects to private
persons or corporations for manufacturing,commercial,warehousing and industrial development purposes
upon such terms and conditions as the City shall deem advisable.
2. Pursuant to the Act,the governing body of the Issuer passed Ordinance No. 1559("Ordinance W
No. 1559") on September 19, 2017, approving a plan for an industrial development project (the
"Plan");
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3. Pursuant to the Act, the governing body of the City passed Ordinance No. 1572 (the
"Ordinance") on December 19, 2017, authorizing the City to issue its Taxable Industrial Revenue Bonds
(Necco Coffee Co.,Inc. Project), Series 2017, in the maximum aggregate principal amount of$4,000,000 co
(the `Bonds"), for the purpose of(a)purchasing, acquiring, and constructing an approximately 100,000 0
square foot office and warehouse building and associated site work and infrastructure(the"Project,'as more
fully defined in the Lease),(b)authorizing the Issuer to lease the Project,including land,buildings,structures,
improvements,and fixtures(the"Project Improvements,"as more fully described on Exhibit B hereto)to the
Company,and(c)paying a portion of the costs of issuing the Bonds.
4. Pursuant to the Ordinance, the City is authorized to enter into a Trust Indenture of even
date herewith (the "Indenture")with Security Bank of Kansas City, Kansas City, Kansas, as Trustee(the
"Trustee"), for the purpose of issuing and securing the Bonds, as therein provided,to acquire the Project
Site and to enter into the Lease with the Company under which the City will lease the Project to the
Company for the purpose of construction,purchase and installation of the Project Improvements and Project
Equipment (collectively, the"Project"), in consideration of rental payments by the Company that will be
sufficient to pay the principal of and interest on the Bonds.
5. Pursuant to the foregoing, the City desires to lease the Project to the Company and the
Company desires to lease the Project from the City for the rentals and upon the terms and conditions
hereinafter set forth.
NOW,THEREFORE,in consideration of the premises and the mutual representations,covenants
and agreements contained in the Lease,the City and Company do represent,covenant and agree as follows:
1. Granting of Leasehold Estate. The City hereby exclusively rents, leases and lets the
Project Site and all Project Improvements that become part of the Project Site(collectively,the"Project")
to the Company, and the Company hereby rents, leases and hires the Project from the City, subject to
Permitted Encumbrances existing as of the date of the execution and delivery hereof, for the rentals and
upon and subject to the terms and conditions herein contained.The Company and the City specifically agree
that no machinery, equipment or any other personal property located on the Project Site (regardless if
financed with the proceeds of the Bonds)shall be part of the Project leased from the City to the Company
under this Lease but instead shall be the property of the Company.
2. Lease Term. The Lease shall become effective upon its execution and delivery. Subject to
earlier termination pursuant to the provisions of the Lease, the lease of the Project shall terminate on
December 1,2018.
3. Basic Rent. Company covenants and agrees to pay to the Trustee in same day funds for
the account of the City during the Lease Term,on or before 1 I:00 a.m.,Trustee's local time,on each Interest
Payment Date,as Basic Rent for the Project,an amount which,when added to any collected funds then on
deposit in the Bond Fund and available for the payment of principal of the Bonds and the interest thereon
on such Interest Payment Date,shall be equal to the amount payable on such payment date as principal of
the Bonds and the interest thereon as provided in the Indenture.
4_ Option to Purchase the Project. The Company is hereby granted,the option to purchase
all or any portion of the Project at any time,upon payment in full or redemption of the outstanding Bonds
to be redeemed or provision for their payment or redemption having been made pursuant to the Indenture. pp
To exercise such option,the Company shall give written notice to the City and to the Trustee, and shall
specify therein the date of closing of such purchase,which date shall be not less than 15 nor more than 90
days from the date such notice is mailed, and, in case of a redemption of the Bonds in accordance with the 00
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provisions of the Indenture,the Company shall make arrangements reasonably satisfactory to the Trustee
for the giving of the required notice of redemption. The purchase price payable by the Company in the
event of its exercise of the option is set forth in the Lease.
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5. Definition of Terms. Capitalized terms not defined herein shall have the meanings ascribed
thereto in the Indenture and the Lease.
[Remainder of Page Intentionally Left Blank.]
[Memorandum of Lease Agreement]
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IN WITNESS WHEREOF,the parties hereto have caused this Memorandum of Lease Agreement
to be executed in their respective corporate names to be attested by their duly authorized officers,all as of the
date first above written.
ANTHONY SIMONE AND EDITH SIMONE,
husband and wife,
as Purchaser
J B �• �'� ,-rfrefte
Anthony move
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By:�
,. C{� -.1/1-<•c1yL�_.
Edith Simone
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ACKNOWLEDGMENT 1co
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STATE OF MISSOURI )
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COUNTY OF PLATTE ) co
On this op day of December, 2017,before me, appeared Anthony Simone and Edith Simone
(the"Company"),to me personally known,who being duly sworn,did say that they are the persons who
executed the foregoing instrument and that the foregoing instrument was signed for the purposes therein
contained on behalf of the Company and by authority of the Company; and he further acknowledged said
instrument to be the free act and deed of the Company.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year first above written.
G. SCIARA
Notary Public - Notary Seal Notary Public
STATE OF MISSOURI
Clay County
My Commission Expires Apr. 29, 2019
Commission # S15038552
My Commission Expires:
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'Memorandum of Lease Agreement]
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CITY OF RIVERSIDE,MISSOURI
By: Gz^'i 1742-C
Name: athy Rose
•, � Title: Mayor
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By( • t:i'- ru [. -c
Name: ROmn Kincaid
Title: City Clerk
ACKNOWLEDGMENT
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STATE OF MISSOURI ) 3
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COUNTY OF PLATTE ) -13
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On this V• day of November, 2017, before me, the undersigned, a Notary Public, appeared cfl
KATHY ROSE,to me personally known, who,being by me duly sworn,did say that they are the Mayor
of the CITY.OF RIVERSIDE, MISSOURI,and that the seal affixed to the foregoing instrument is the
corporate seal of said City, and that said instrument was signed and sealed by authority of its Board of
Aldermen, and said officers acknowledged said instrument to be executed for the purposes therein stated
and as the free act and deed of said City.
IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my official seal in the County
and State aforesaid,the day and year first above written.
'?Ctp R,' ROBINLKINCAID
CommissiCn Expires rY. t./C ea
•E "- Muct18,2019 Notary Public
(Into County
10 Cornnisslon#15390631
My Commission Expires: ,i'V�t. c/A , a-C`f 1.
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[Memorandum of Lease Agreement]
EXHIBIT A
PROJECT SITE
Lot 2B,BELGIAN BOTTOMS BUSINESS PARK LOTS 2A&2B,a subdivision in Riverside,Platte
County,Missouri
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EXHIBIT B
PROJECT IMPROVEMENTS
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The Project Improvements means all buildings, structures,improvements,equipment and fixtures
located on or to be purchased,constructed and otherwise improved on the Project Site pursuant to Article
IV of the Lease and paid for in whole or in part from the proceeds of Bonds,and all additions, alterations,
modifications and improvements thereof made pursuant to the Lease with the proceeds of the Bonds.
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Requisition No. 1
Date: 1 Z/Zq-,2017
REQUISITION CERTIFICATE
TO: SECURITY BANK OF KANSAS CITY, AS TRUSTEE UNDER A TRUST INDENTURE
DATED AS OF DECEMBER 1,2017,BETWEEN THE CITY OF RIVERSIDE,MISSOURI,
AND THE TRUSTEE,AND LEASE AGREEMENT DATED AS OF DECEMBER 1,2017,
AMONG THE CITY OF RIVERSIDE, MISSOURI, AND ANTHONY SIMONE AND
EDITH SIMONE.
The undersigned hereby requests that a total of$35:590,Vbe paid for Project Costs(as defined
in said Lease) in such amounts, to such payees and for such purposes as set forth on Schedule 1 attached
hereto.
We hereby state and certify that: (i)the amounts requested are or were necessary and appropriate
in connection with the acquisition, construction and improvement of the Project, have been properly
incurred and are a proper charge against the Project Fund, and have been paid by or are justly due to the
persons whose names and addresses are stated on Schedule 1,and have not been the basis of any previous
requisition from the Project Fund;(ii)as of this date,except for the amounts referred to above,there are no,
to the best of our knowledge,outstanding statements which are due and payable for labor,wages,materials,
supplies or services in connection with the acquisition,construction and improvement of the Project which,
if unpaid,might become the basis of a vendors',mechanics',laborers'or materialmen's statutory or similar
lien upon the Project or any part thereof;and(iii)no part of the several amounts paid or due as stated above
has been or is being made the basis for the withdrawal of any moneys from the Project Fund in any previous
or pending application for payment made pursuant to said Lease.
ANTHONY SIMONE AND EDITH SIMONE
B • 4✓ ;
Name: Anthony Simone
By: iC..-t'(/G- ma rth '�
Name(Edith Simone
SCHEDULE 1 TO REQUISITION CERTIFICATE
Payee Purpose Amount
Security Bank Trustee One Time Only Fee 3000
Gilmore&Bell Bond Counsel Fee 25,000
Gilmore&Bell Chapter 100 Fees 7500
TOTAL 35500
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GILMORE BELL
816-221-1000 MAIN GILMORE & BELL PC ST. LOUIS
816-221-1018 FAX 2105 GRAND aDULEVARD,SUITE 1100 WICHITA
GILMOREBELL.COM KANSAS CITY, MISSOURI 64108-2521 OMAHA I LiNICOL4
December 27, 2017
City of Riverside,Missouri Anthony Simone and Edith Simone
North Kansas City,Missouri North Kansas City,Missouri
Security Bank of Kansas City,as Trustee
Kansas City,Kansas
Re: $4,000,000 Aggregate Maximum Principal Amount of Taxable Industrial Revenue Bonds
(Necco Coffee Co.,Inc.Project), Series 2017 of the City of Riverside, Missouri
We have acted as Bond Counsel in connection with the issuance by City of Riverside, Missouri
(the"City"),of its Taxable Industrial Revenue Bonds(Necco Coffee Co.,Inc.Project), Series 2017, in the
maximum principal amount of$4,000,000 (the `Bonds"). The Bonds will bear interest, will mature and
will be subject to redemption and payment prior to maturity as set forth in the Trust Indenture dated as of
December 1,2017(the"Indenture"),between the City and Security Bank of Kansas City,as trustee. Unless
otherwise expressly provided herein, capitalized terms herein shall have the meanings assigned to them in
the Indenture.
The Bonds have been authorized and issued under and pursuant to Article VI, Section 27(b)of the
Missouri Constitution,as amended,Sections 100.010 through 100.200 of the Revised Statutes of Missouri,
as amended(collectively the"Act"),and the Indenture for the purpose of providing funds to pay part of the
costs of acquiring, designing, constructing and improving the project described in the Indenture (the
"Project").
We have examined a certified transcript of proceedings relating to the authorization and issuance
of the Bonds,which transcript includes,among other documents and proceedings,the following:
(a) Ordinance No. 1559("Ordinance No. 1559")passed by the Board of Aldermen on
September 19,2017 approving the Plan for an Industrial Development Project(the"Plan");
(b) Ordinance No. 1572("Ordinance No. 1572")passed by the Board of Aldermen on
December 19,2017 approving the issuance of Bonds;
(c) Trust Indenture dated as of December 1,2017(the"Indenture"),between the City
and Security Bank of Kansas City,as trustee;
(d) Lease Agreement dated as of December 1,2017(the"Lease Agreement"),among
the City,as lessor, Anthony Simone and Edith Simone(the"Company"),as lessee;and
(e) Bond Purchase Agreement dated as of December 1, 2017 (the "Bond Purchase
Agreement"),between the City and the Company, as purchaser.
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We have also examined the Act,insofar as the same relates to the authorization and issuance of the
Bonds and the authorization,execution and delivery of the Indenture,the Lease Agreement,and the Bond
Purchase Agreement(collectively,the"Bond Documents").
Reference is made to the opinion of Protzman Law Firm, LLC, counsel to the Company, of even
date herewith with respect to,among other matters,(a)the due organization of the Company,(b)the good
standing and qualification to do business of the Company,(c)the power of the Company to enter into and
perform its obligations under the Bond Documents to which the Company is a party, and (d) the due
authorization, execution and delivery of the Bond Documents to which the Company is a party and the
binding effect and enforceability thereof against the Company.
Based upon such examination,we are of the opinion,as of the date hereof,as follows:
1. The City is a fourth-class city and municipal corporation organized and existing under the
laws of the State of Missouri and has lawful power and authority to issue the Bonds and to enter into the
Bond Documents and to perform its obligations thereunder.
2. The Bonds are in proper form and have been duly authorized in accordance with the
Constitution and statutes of the State of Missouri, including the Act, and constitute a valid and legally
binding special obligation of the City,payable from the sources described in the Indenture and the Bonds.
3. The Bond Documents have been duly authorized,executed and delivered by the City and
constitute valid and legally binding agreements of the City,enforceable against the City in accordance with
the respective provisions thereof.
We have not undertaken nor have we been engaged to review the accuracy, completeness or
sufficiency of any offering material relating to the Bonds and we express no opinion relating thereto.
The rights of the owners of the Bonds and the enforceability of the Bonds and the Bond Documents
may be subject to bankruptcy, insolvency, reorganisation, moratorium and other similar laws affecting
creditors' rights heretofore or hereafter enacted and their enforcement may be subject to the exercise of
judicial discretion in accordance with general principles of equity.
Very truly yours, ����
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