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Home My WebLink About2013-010 IDA Resolution Allocation of Levee Assessments Horizons East First Plat IDA RESOLUTION NO.2013-010 IDA RESOLUTION NO. 2013-010 A RESOLUTION APPROVING AND AUTHORIZING AN ALLOCATION OF LEVEE DISTRICT ASSESSMENTS AGREEMENT TOGETHER WITH THE EXECUTION AND DELIVERY OF DOCUMENTS AND ACTIONS RELATING THERETO (RIVERSIDE HORIZONS EAST FIRST PLAT) WHEREAS, the Industrial Development Authority of the City of Riverside, Missouri ("Authority") owns certain property ('Property") in the Horizons development area that was originally assessed by the Riverside-Quindaro Bend Levee District("Levee District') as set forth in Exhibit "A"; and WHEREAS, the Property has been subdivided into two or more smaller parcels and it is necessary to allocate the benefits afforded by the by the Levee District and assessments among the various smaller parcels and the Board of Directors finds it to be in the best interest of the Authority to allocate the benefits as set forth in Exhibit"A" attached hereto; NOW THEREFORE, BE IT RESOLVED BY THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF RIVERSIDE, MISSOURI, AS FOLLOWS: THAT the President is hereby authorized to execute and deliver the Agreement Allocating Benefits for Levee District Assessments Relating to The Riverside Quindaro Bend Levee District of Platte County, Missouri by and between the Industrial Development Authority of the City of Riverside, Missouri and West Land in substantially the same form as attached hereto as Exhibit "A", with such changes as are approved by the officer executing such document, such execution being conclusive proof of such approval, the Assistant Secretary is authorized to attest thereto; FURTHER THAT the President and Assistant Secretary are hereby authorized to execute such additional documents and take such actions as are necessary or desirable to effectuate the intent of this Resolution; PASSED AND ADOPTED by the Industrial Development Authority and APPROVED b the President of the Industrial Development Authority of the City of Riverside, Missouri, the ,-day of ;J 2013. ?a � r L Ian inley, President ATTEST: Sarah Wagner, Assista9 cr Recorded In Platte County, Missouri Recording Date/Time: 07/12/2013 at 09:18:06 AM Instr Number: 2013011071 Book: 1214 Page: 782 �''�o�°E"oFo' Type: DE AGMT ;`%r` Pages: 6 Fee: $30.008 Grantor: INDUSTRIAL DEVELOPMENT AUTHORITY OF... Glorls Boyer, Grantee: NONE Recorder of Deeds Title of Document: Agreement Allocating Benefits for Levee District Tax Assessments Relating to the Riverside Quindaro Bend Levee District of Platte County, Missouri. Date of Document: vsztk `)Z, `LQ3 Grantor: The Industrial Development Authority of the City of Riverside, Missouri Address: 2950 NW Vivion Road Riverside,MO 64150 Grantor: The Industrial Development Authority of the City of Riverside,Missouri Address: 2950 NW Vivion Road Riverside, MO 64150 Legal Description: See MoN51 RETURN RECORDED DOCUMENT TO CITY OF RIVERSIDE City of Riverside Attn: Sarah Wagner 2950 NW Vivion Road Riverside,MO 64150 (816)741-3993 1 L-f`C4�-)95a:• Nice. BB D cD k_ 1214 P-a .a 78'2 AGREEMENT ALLOCATING BENEFITS FOR LEVEE DISTRICT TAX ASSESSMENTS RELATING TO THE RIVERSIDE QUINDARO BEND LEVEE DISTRICT OF PLATTE COUNTY,MISSOURI This Agreement is made as of )Z 2013 between THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CIAT OF RIVERSIDE, MISSOURI, a Missouri corporation ("IDA"), having an address of 2950 NW Vivion Road, Riverside, MO 64150 and HORIZONS WEST LAND, LLC, a Missouri limited liability company ("West Land"),having an address of 6300 NW Revere—Suite 225, Kansas City, MO 64151. Whereas, In The Matter of Riverside-Quindaro Bend Levee District Platte County, Missouri, Case No. 99 CC 00930, in the Circuit Court of Platte County, Missouri, Sixth Judicial District (the "Court"), benefits in the amount of$2,838,277 ("Benefits") were assessed against the property generally known in the Riverside-Quindaro Bend Levee District of Platte County, Missouri ("Levee District') as Tax Parcel No. 23-3.0-08-000-000-017-000 legally described as Lot 17, Riverside Horizons East First Plat, a subdivision in the City of Riverside, Platte County, Missouri ("Original Tract') which equals a percentage of the Levee District annual benefit assessments allocated to the Original Tract of 3.7817%; and Whereas, the Original Tract has been subdivided or split into two or more parcels in accordance with the Horizons Office One Plat, A Replat of Lot 17, Riverside Horizons East First Plat, a subdivision in the City of Riverside, Platte County, Missouri ("New Tracts"); and Whereas Levee District assesses annual debt service, maintenance and other taxes based upon the benefits assessed by the Court against each tract of land; and Whereas, the Levee District assesses annual debt service, maintenance and other taxes based upon the benefits assessed by the Court against each tract of land; and NOW THEREFORE, in consideration of the mutual covenants and premises contained in this Agreement, and other good and valuable consideration acknowledged by the parties, the parties agree as follows: 1. Legal Description of Original Tracts. The parties represent and warrant that the legal description for the Original Tracts is as follows: Lot 17, Riverside Horizons East First Plat, a subdivision in the City of Riverside, Platte County, Missouri. 2. Legal Description of New Tracts. The Original Tract were divided by the IDA into the New Tracts in accordance with the final plat of Horizons Office One, all are legally described in Exhibit "A"attached hereto and incorporated herein by reference. 3. Allocation of Benefits. 3.1 New Tracts. The parties hereby irrevocably agree that the Benefits shall be allocated from the Original Tracts and the Right of Way Tracts between the New Tracts as follows: 2 New Lot #1: $245,696 (8.66% of the Original Tract resulting in a total % of the Levee District annual benefit assessments of 0.3274%allocated to New Lot 17-1). New Lot #2: $2,592,581 (91.34% of the Original Tract resulting in a total % of the Levee District annual benefit assessments of 3.4543%allocated to New Lot 17-2). 4. Runnine with the Land. The provisions of this Agreement shall be perpetual covenants running with the land and shall inure to the benefit of the Levee District, the parties and their respective successors and assigns, and be binding upon the parties and their respective successors, assigns, and grantees, including but without limitation, all subsequent owners of any parcel or property affected hereby and all persons claiming under or through them. 5. Representations and Warranties. Each of the parties to this Agreement hereby represents and warrants to the other that each person executing this document has the full power and authority to execute this document on behalf of the respective IDA and West Land and has the power and authority to legally bind the respective IDA and West Land as set forth herein. 6. Recordine. Each of the parties to this Agreement consent to the filing of this Agreement in the Office of the Platte County Recorder of Deeds and that a copy of such recorded document shall be provided to the Levee District by IDA. 7. Reliance and Third Party Beneficiary. The Levee District shall be entitled to rely upon this Agreement in preparing its Tax Book and all other records for the current year and every year thereafter. The parties agree that the Levee District is an intended third party beneficiary of this Agreement and may irrevocably rely upon the terms and provisions of this Agreement. 8. Amendments. This Agreement may not be revoked, amended or modified except in a writing executed by the parties. Such amendment must be recorded of record and a fully executed and recorded copy of each and every amendment must be provided to the Levee District as required for this Agreement under Section 6 above. No amendment shall be effective as to the Levee District unless and until a fully executed and recorded copy of such amendment is provided to the Levee District. To be effective for any tax year, such fully executed and recorded amendment must be actually received by the Levee District no later than August 15 of such tax year. IN WITNESS WHEREOF, this Agreement has been executed by the duly authorized representatives of the parties as of the date first above written. THE INDUSTRIAL DEVELOPMENT RIVERSIDE HORIZONS,LLC, a AUTHORITY OF THE CITY OF Missouri limited liability company RIVERSIDE,MISSOURI By By: Name: Leland Finley Name: Nathanielage om Title: President Title: Manager 3 F .=, moi 1214 4 F='a. g e 7-D2 STATE OF MISSOURI ) ) ss. COUNTY OF PLATTE ) On this day of Tuft 2013, before me appeared Nathaniel Hagedorn to me personally known, who, being by me duly sworn, did say that he is the Manager of NorthPoint Holdings, LLC, a Missouri limited liability company, and that said instrument was signed on behalf of said company, by authority of its members; and he acknowledged said instrument to be the free act and deed of said company. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the County and State aforesaid, the day and year first above written. K �� . Notary Pu lic My Commission Expires: m6cor) os, aOi4 LIZZAyBETH R. 04W NoWSTATE AF MI88 O "I Cowdy MY Commission 1N 0-Mw. 8, 2014 STATE OF MISSOURI ) ) ss. COUNTY OF PLATTE ) On this -)8 day of SLatl2 2013, before me appeared Leland Finley to me personally known, who, being by me duly sworn, did say that he is the President of The Industrial Development Authority of the City of Riverside, Missouri a corporation incorporated in the State of Missouri, and that said instrument was signed on behalf of said corporation by authority of its Board of Directors; and that he acknowledged said instrument to be the free act and deed of said corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the County and State aforesaid, the day and year fust above written. r�� y am Notary Public My Commission Expires: SNN�A T MWy P,Ass-Nel"SW Bills of 11111000911,Plsils Cowry Commission• 13M1M C0n9sissbn E ti,2017 EXHIBIT `°A" LEGAL DESCRIPTION OF NEW BENEFIT ASSESSMENT TRACTS NEW TRACTS LOT] Lot 1 of Horizons Office One, a Replat of Lot 17, Riverside Horizons East First Plat, a subdivision of land in the City of Riverside, Platte County, Missouri. LOT2 Lot 2 of Horizons Office One, a Replat of Lot 17, Riverside Horizons East First Plat, a subdivision of land in the City of Riverside,Platte County, Missouri. 5