HomeMy WebLinkAbout2012-027 IDA Resolution Access Agreement Lot 1 Horizons Industrial III East IDA Resolution 2012-027
IDA
RESOLUTION NO. 2012-027
A RESOLUTION AUTHORIZING THE EXECUTION AND DELIVERY OF AN
ACCESS EASEMENT AGREEMENT BETWEEN LOT 1 IN RIVERSIDE
HORIZONS INDUSTRIAL III EAST AND TRACT D OF RIVERSIDE HORIZONS
EAST FIRST PLAT AND AUTHORIZING OTHER ACTIONS IN CONNECTION
THEREWITH.
Pursuant to the provisions of Chapter 349, RSMo., as amended, the Board of Directors
of The Industrial Development Authority of the City of Riverside, Missouri (the "IDA"), hereby
adopt this Resolution and direct that this Resolution be filed with the official IDA minutes:
WHEREAS, the IDA desires to enter into an agreement with Horizons Industrial III, LLC
to provide an Access Easement over a portion of Tract D of Riverside Horizons East First Plat
owned by the IDA;
NOW THEREFORE, BE IT RESOLVED, by the Board of Directors of the Industrial
Development Authority of the City of Riverside, Missouri as follows:
THAT the Access Easement Agreement between the IDA and Horizons Industrial III,
LLC is hereby approved in substantially the form attached as Exhibit A and the President or
Vice President are hereby authorized to enter into, execute and deliver and the Secretary or the
Assistant Secretary are hereby authorized to attest, such document with such changes therein
as shall be approved by the official of the IDA executing such document, such official's
signature thereon being conclusive evidence of such official's approval and the IDA's approval
thereof.
FURTHER THAT the President, Vice-President, Secretary, Assistant Secretary and
other appropriate officers and agents of the IDA are hereby authorized to take such further
actions and execute such other documents as may be necessary or desirable to carry out and
comply with the intent of this Resolution.
FURTHER THAT this Resolution shall be in full force and effect from and after its
adoption.
ADOPTED THIS t( DAY OF VO�v La— 2012.
This Resolution was adopted at the meeting of the Board of Directors of the IDA duly
called and held this date.
Leland Finley, President
(SEAL)
ATTEST:
�
Secretary
MnOffffodW &KuRmom�
Recorded in Platte County,Missouri
Recording Date/Time:11/13/2012 at 11:40:35 AM
Instr Number: 2012017246 oPp ER OFD
Book: 1201 Page: 43
Type: DE ESMT
Pages:9 5°
Fee: $48.00 S =.Fc'' �y,`
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,
GLORIA
OYER
Electronically Recorded corder fDee
Recorder of Deeds
For recording purposes only:
Title of Document: Access Easement Agreement
Date of Document: October IL 2012
Grantor(s): The Industrial Development Authority of the City of Riverside,Missouri
Grantor(s)Mailing Address: 2950 NW Vivion Road,Riverside,Missouri 64150
Grantee(s): Horizons Industrial 111,LLC
Grantee(s)Mailing Address: 6300 North Revere,Suite 225,Kansas City,MO 64151
Legal Descriptions: Tract D of Riverside Horizons East First Plat,a subdivision in the City of
Riverside,Platte County,Missouri,according to the recorded plat
thereof, recorded March 9,2012,as Document No.2012003467,in Plat
Book 21 at Page 10
and
Lot 1 of Riverside Horizons Industrial III East,a subdivision in the City of
Riverside,Platte County,Missouri,according to the recorded plat
thereof,recorded October 1,2012,as Document No.2012014764,in Plat
Book 21 at Page 22
and
See Exhibit A attached hereto
Reference Book and Page(s): N/A
PLEASE RETURN RECORDED DOCUMENT TO:
City Administrator
City of Riverside,Missouri
2950 NW Vivion Road
Riverside,Missouri 64150
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ACCESS EASEMENT AGREEMENT
THIS ACCESS EASEMENT AGREEMENT (this "Agreement") is made this)-day of
October, 2012, by and between Horizons Industrial III, a Delaware limited liability company
("Horizons Industrial") and The Industrial Development Authority of the City of Riverside,
Missouri (the "IDA") with an address of 2950 NW Vivion Road, Riverside, Missouri 64150 as
both Grantor and Grantee of the easements and rights described herein.
RECITALS:
A. Horizons Industrial is the owner in fee simple of certain real property now legally
described as Lot 1 of Riverside Horizons Industrial III East, a subdivision in the City of Riverside,
Platte County, Missouri, according to the recorded plat thereof, recorded October 1, 2012, as
Document No. 2012014764, in Plat Book 21 at Page 22 ("Lot 1").
B. IDA is the owner in fee simple of certain real property now legally described as
Tract D of Riverside Horizons East First Plat, a subdivision in the City of Riverside, Platte
County, Missouri, according to the recorded plat thereof, recorded March 9, 2012, as Document W
No. 2012003467, in Plat Book 21 at Page 10 ("Tract D"), which plat designated Tract D for X
"canal, storm drainage, storm drainage detention, water features, trails, recreation and open N
spaces." o
C. Horizons Industrial and IDA desire to enter into this Agreement in order to provide
access over Tract D for the benefit of Lot 1 in accordance with the terms and provisions set forth in a
this Agreement. w
D. In connection with the Lot 1 improvements, Horizons Industrial will be paving a
portion of Tract D as legally described on Exhibit A (the "Access Drive Easement Area" also
referred to as Tract D Access Easement in Exhibit A), and Horizons Industrial and its invitees will
be using the Access Drive Easement Area for maneuvering of trucks as they enter the parking area
of Lot 1.
AGREEMENT:
NOW, THEREFORE, in consideration of the recitals, the covenants and agreements
contained herein, and other good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged, the IDA grants as follows:
Section 1. Recitals. The recitals set forth above are true and correct and are
incorporated herein by reference.
Section 2. Grant of Access Easements.
(a) IDA, as the Owner of Tract D, hereby grants, declares and establishes to and for
the benefit of Horizons Industrial, its successors and assigns, as an appurtenance to Lot 1, a
perpetual, non-exclusive right and easement for pedestrian and vehicular ingress and egress in,
to, upon, over and across the Access Drive Easement Area, to have and to hold such easement
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unto Horizons Industrial, its successors and assigns, subject, however, to the terms of this
Agreement.
(b) The IDA hereby agrees that Tract D shall be subject and subordinate to the
Access Drive Easement Area established by this Access Easement Agreement.
(c) No parking easements or rights are granted by this Agreement. No access, ingress
or egress rights to any other portion of Tract D is granted hereby.
(d) The intent of this Section 2 is to allow the free vehicular and pedestrian access
over and across the Access Drive Easement Area. Accordingly, the owner of Lot 1 agrees that no
building, wall or other structural barrier of any kind may be located upon the Access Drive
Easement Area that restricts such access other than during periods of maintenance, repair or
replacement. The owner of Lot 1 shall not allow vehicles or equipment to park or stand within
the Access Drive Easement Area.
(e) The owner of Tract D reserves the non-exclusive right to use such portions of the
Access Drive Easement Area as are located on such owner's property for any purpose not
inconsistent with the rights granted hereunder, including but not limited to the right to install W
subterranean utilities within the Access Drive Easement Area. The owner of Tract D shall A
provide fifteen (15) days advanced written notice about the intent to install subterranean utilities. N
Further, all such non-exclusive use of the Access Drive Easement Area by the owner of Tract D o
shall be done in such a manner as to limit and minimize interference with the use of the Access
Drive Easement Area.
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Section 3. Grant of Access Easements for Construction. The IDA hereby grants to
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Horizons Industrial an easement for access in, to, upon, over and across Tract D for purposes of
constructing, developing, paving, installing and maintaining from time to time the Access Drive
Easement Area, it being the intent that Horizons Industrial may have access to Tract D to
construct, develop, pave, install and maintain from time to time the Access Drive Easement
Area.
Section 4. Damage to and Maintenance of Access Drive. Horizons Industrial shall be
solely responsible for all maintenance, repair and replacement of the Access Drive Easement
Area. Horizons Industrial shall maintain its respective portion of the Access Drive Easement
Area at all times in good and clean condition and repair in a quality and condition comparable
with similar commercial developments in Platte or Clay County, Missouri. Such maintenance
("Maintenance") shall include, without limitation,the following:
(i) Maintaining,repairing and resurfacing,when necessary, all paved surfaces
of the respective Access Drive Easement Areas in a level, smooth and evenly covered
condition with the type of surfacing material originally installed or such substitute as
shall in all respects be equal or superior in quality, use and durability; and restriping,
when necessary.
(ii) Removing all snow, papers, debris, filth and refuse and sweeping the area
to the extent reasonably necessary to keep the Access Drive Easement Area in a clean
and orderly condition.
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(iii) Maintaining, repairing and replacing, when necessary, all respective
Access Drive Easement Area traffic directional signs, markers and lines,
(iv) Operating, maintaining, repairing and replacing, when necessary, such
artificial lighting facilities as shall be reasonably required along the respective Access
Drive Easement Area.
(v) Performing itself or contracting with a third party or parties to perform any
of the services described herein.
Section 5. Insurance. Horizons Industrial shall obtain liability insurance to protect
itself from the claims of other parties with regard to the use of the Access Drive Easement Area
in amounts deemed reasonable to protect itself,but it shall not be obligated to include the IDA or
the City of Riverside,Missouri ("City") as a named insured in such policies. Horizons Industrial
("Indemnifying Party') shall indemnify the IDA and the City ("Indemnified Party') for all costs,
expenses and damages sustained by the Indemnified Party as a result of the Indemnifying Party's
failure to meet the Indemnifying Party's obligations under this Agreement.
Section 6. Attorneys' Fees and Costs. If any legal action or other proceeding is lA
brought for the enforcement of this Agreement, or because of an alleged dispute, breach or
default in connection with any of the provisions of the Agreement, the prevailing party or parties N
shall be entitled to recover reasonable paralegal and attorneys' fees and other costs incurred in G
that action or proceeding, including those related to appeals in addition to any other relief to
which it or they may be entitled.
Section 7. Private Agreement. This Agreement does not and shall not be construed
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to grant any rights to the public in general.
Section 8. Enforcement. Each party agrees to use all reasonable efforts to enforce
the easements, rights and restrictions herein against its tenants, customers, licensees, guests and
invitees, as applicable.
Section 9. Binding Effect_ The easements, rights and restrictions granted herein shall
be appurtenant to and shall run with the Tract D, and shall be binding upon Horizons Industrial and
the IDA and their respective successors and assigns. Such easements, rights and restrictions shall
inure to the benefit of the Horizons Industrial and the IDA, as applicable, and its respective tenants,
customers,invitees,licensees, successors and assigns.
Section 11. Notices. All notices,demands and requests required or permitted to be given
under this Agreement must be in writing and shall be deemed to have been given as of the date such
notice is(i)delivered to the party intended, (H)delivered to the then designated address of the party
intended, or (iii) rejected at the then designated address of the parry intended, provided such notice
was sent prepaid certified mail, return receipt requested or by overnight courier providing for
delivery against receipt. The initial addresses of the parties shall be:
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If to Horizons Industrial: Horizons Industrial III,LLC
6300 North Revere,Suite 225
Kansas City,MO 64151
with a copy to: Levy Craig Law Firm
Attn: Scott Seitter
1301 Oak Street,Suite 225
Kansas City,Missouri 64105
and a copy to: Horizons Industrial III, LLC
c/o The Northwestern Mutual Life Insurance Company
720 East Wisconsin Avenue
Milwaukee,WI 53202
Attn: Real Estate Investment Department(JV 333660)
If to The IDA: The Industrial Development Authority of the City of
Riverside,Missouri
2950 NW Vivion Road
Riverside, Missouri 64150
with a copy to: The City of Riverside,Missouri n�
Attn: City Administrator
2950 NW Vivion Road T
Riverside,Missouri 64150
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Section 12. Amendments. This Agreement may be modified by written amendment
executed by the IDA and Horizons Industrial and recorded in the Office of the Platte County,
Missouri Recorder of Deeds.
Section 13. Counterparts. This Agreement may be executed in multiple, separate
counterparts.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement by authority
duly given,as of the date fust written above.
Horizons Industrial III,LLC
a Delaware limited liability company
By: NorthPoint Holdings, LLC
a Missouri limited liability company,
a member
Its: Manager
By:
Name: Nathaniel Haged6mu
Title: Manager
By: The Northwestern Mutual Life Insurance
Company, a Wisconsin corporation, W
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a member
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By: Northwestern Mutual Real Estate
Investments, LLC, V
rsveo�o a Delaware limited liability A
company, w
its wholly-owned affiliate and
authorized representative
By:57?'P
Name: Paul J. Hanson
Its: Waging in Director
Attest:
Name: Anthony 10. Polston
Its: Assistant Secretary
STATE OF �SSr-rur )
ss
COUNTY OF
On this k1 day of October, 2012, before me appeared Nathaniel Hagedorn, to me
personally known, who, being by me duly swom, did say that he is the Manager of NorthPoint
Holdings, LLC, a Missouri limited liability company, a member of Horizons Industrial III, LLC,
a Delaware limited liability company, and that said instrument was signed and sealed in behalf of
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said limited liability company, and said Nathaniel Hagedorn acknowledged said instrument to be
executed for the purposes therein stated and as the free act and deed of said limited liability
company.
Not3y Public
My commission expires: Mooch oaj2s. Qc!U 4 LIZABETH R. KNOPF
Notary
E OF MISSOURIPublic-Notaa
Clay County
My ComC�''osnsioPl#105 5 58 2014
STATE OF WISCONSIN )
)ss
COUNTY OF MILWAUKEE ) .
On this 15 day of October, 2012, before me appeared Paul J. Hanson
and Anthony D. Polston to me personally known,who being by me duly sworn did W
say and each for himself did say that the said Paul J. Hanson is the Managing X
Director, and the said Anthony D. Polston is the Assistant Secretary of c
Northwestern Mutual Real Estate Investments, LLC, on behalf of The Northwestern Mutual Life
Insurance Company, a member of Horizons Industrial III, LLC, a Delaware limited liability
company, and that said instrument was signed and sealed in behalf of said limited liability L)
company, and the said Paul J. Hanson and Anthony D. Polston to
acknowledged said instrument to be the free act and deed of said limited liability company.
IN TESTIMONY WHEREOF, I have hereunto ase 'myMand and affixed my official seal
the day and year above written.
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,Notary�ublic Janet M. Szukalski
My commission expires: March 1314 2016 '
JANET M. SZUKALSKI
NOTARY PUBLIC
STATE OF WISCONSIN
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The Industrial Development Authority of the
City of Riverside,Missouri
ATTEST:
By"
Name: L egxd_ E ,
Title:
STATE OF \ \4-a—SC LA. )
COUNTY OF )
On this day of October, 2012, before me appearedb 64 rrh to me personally
known, who, being by me duly sworn, did say that he is the of the Industrial
Development Authority of the City of Riverside, Missouri and that said instrument was signed
and sealed by authority of its-& ci �yrifi i .. and said officers acknowledges said instrument
to be executed for the purposes therein stated and as the free act and deed of said Industrial N
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Development Authority of the City of Riverside,Missouri.
CA)
Notary Public
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Exhibit A
Tract D Access Easement
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® Lot 1
0 100' 200' RIVERSIDE HORIZONS
POINT OF INDUSTRIAL Ill EAST
BEGINNING
Lot 2 W
_ RIVEP51DE HORIZONS
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A part of Tract D.RIVERSIDE HORIZONS EAST FIRST PLAT,a subdivision in the City
of Riverside,Platte County,Missouri,more particularly described as follows:
Beginning at the Northwest comer of said Tract D;thence South 68°05'05"East,coincident
with the Northerly line of said Tract D,647.92 feet;thence departing said Northerly line,
South 21054'55"West, 10.00 feet;thence North 68005'05"West,parallel with the Northerly
line of said Tract D,643.78 feet to a point on the West line of said Tract D;thence North
00036'03"West,coincident with said West line, 10.83 feet to the Point of Beginning,
containing 6,455 square feet,or 0.15 acres,more or less.
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