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HomeMy WebLinkAbout2011-009 IDA Reolstion Agreement with Briarcliff Realty IDA RESOLUTION 2011-009 A RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF AN AGREEMENT WITH BRIARCLIFF REALTY FOR CONSTRUCTION OF CERTAIN PUBLIC IMPROVEMENTS ON PROPERTY OWNED BY THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF RIVERSIDE AND ACTIONS RELATED THERETO WHEREAS,The Industrial Development Authority of the City of Riverside, Missouri (the "IDA") is the owner of certain real property L-385 Levee Redevelopment Area ("Redevelopment Area"); and WHEREAS, Briarcliff Realty, LLC ("Briarcliff') has been designated as the master developer of certain property within the Redevelopment Area by the Board of Aldermen of the City of Riverside, Missouri ("City") consisting of 260 acres generally bounded by Horizons Parkway on the west, Interstate 635 on the south and east, and the BNSF railroad line on the north, known as the "Briarcliff Horizons Site"; and WHEREAS,the IDA is the owner of the Briarcliff Horizons Site and desires to enter into an agreement with Briarcliff to define the rights and responsibilities of the parties relating to the construction of public improvements on the Briarcliff Horizons Site as set forth in Exhibit "A" attached hereto and made a part hereof by reference; 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 President is hereby authorized to execute and deliver the agreement between the IDA and Briarcliff on behalf of the Authority 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, and 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; FURTHER THAT any actions taken prior to the date of adoption of this Resolution are hereby ratified and confirmed. PASSED AND ADOPTED by the Board of Directors of The Industrial Development Authority of the City of Riverside, Missouri on this 19th day of September, 2011. resident ATTEST: [seal] Assistant Secretary AGREEMENT FOR INFRASTRUCTURE IMPROVEMENT CONSTRUCTION WHEREAS, The Industrial Development Authority of the City of Riverside, Missouri (the "IDA") is the owner of certain real property within the L-385 Levee Redevelopment Area ("Redevelopment Area"); and WHEREAS, Briarcliff Realty, LLC ("Developer") has been designated as the master developer of certain property within the Redevelopment Area by the Board of Aldermen of the City of Riverside, Missouri ("City") consisting of 260 acres generally bounded by Horizons Parkway on the west, Interstate 635 on the south and east, and the BNSF railroad line on the north, known as the "Briarcliff Horizons Site"; and WHEREAS, such designation was made pursuant to a Master Development Agreement dated May 10, 2011, as amended ("Master Development Agreement'); and WHEREAS, the IDA is the owner of the Briarcliff Horizons Site, as defined in the Master Development Agreement, and the IDA desires to enter into an agreement with Developer to define the rights and responsibilities of the parties relating to the construction of Infrastructure Improvements on the Briarcliff Horizons Site as defined and set forth in Exhibit "A" attached hereto and made a part hereof by reference; NOW THEREFORE, in consideration of the premises contained herein and other good and valuable consideration, the adequacy and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Right of Entry. The IDA hereby grants to Developer, and its agents, a non-exclusive right to enter upon the Briarcliff Horizons Site to design, construct, maintain, repair and operate any and all Infrastructure Improvements authorized by the City of Riverside, Missouri, on such property as long as the Master Development Agreement entered into between the City and Developer is in full force and effect. 2. Master Development Agreement Terms and Conditions. The parties agree the terms and conditions of the Master Development Agreement shall control the design, construction, maintenance, repair and operation of such Infrastructure Improvements and no further consent of the IDA shall be required for Developer to commence construction or maintenance activities on the Infrastructure Improvements described therein. The Developer shall be wholly responsible for such Infrastructure Improvements and the IDA shall have no responsibility to pay the cast of design, construction, maintenance, repair or operation of such improvements nor shall the IDA have any responsibility or obligation to reimburse the Developer for any costs incurred under any circumstances whatsoever. Transfer of title to the property shall be by official action of the IDA pursuant to direction of the City. Developer shall not have any title, interest or other rights in the property by virtue of the Right of Entry granted herein. 3. Title to Personal Property. All tools, equipment and other property taken upon or placed upon such real property by Developer shall remain the property of Developer and shall be removed by Developer before the expiration of this agreement, unless title to the real property is other transferred to Developer and/or the right to enter upon the property is extended by written agreement of the parties. 4. Insurance. During the period of construction of the Infrastructure Improvements, the Developer shall maintain or cause to be maintained insurance with respect to the Infrastructure Improvements and operations covering such risks that are of an insurable nature and of the character customarily insured against by organizations operating similar properties and engaged in similar operations (including but not limited to property and casualty, worker's compensation, general liability and employee dishonesty) and in such amounts as, in the reasonable judgment of the City and IDA, are adequate to protect Developer, the City, the IDA and the Infrastructure Improvements. Each policy or other contract for such insurance shall (i) name the IDA as an additional insured (with respect to liability insurance), and (ii) contain an agreement by the insurer that, notwithstanding any right of cancellation reserved to such insurer, such policy or contract shall continue in force for at least thirty (30) days after written notice of cancellation to the Developer and each other insured, additional insured, loss payee and mortgage payee named therein. Developer shall provide written notice to the IDA within ten (10) days of the cancellation of any insurance required under this Section. 5. Indemnity. Developer shall pay and indemnify and save the IDA and its Board of Directors, members, officers, employees and agents harmless from and against all loss, liability, damage or expense arising out of(a)the design, construction and completion of the Infrastructure Improvements and/or Briarcliff Horizons Improvements by Developer or its agent(s), (b) the use or occupation of the Briarcliff Horizons Improvements by Developer or anyone acting by, through or under it, (c) any breach, default or failure to perform by Developer under this Agreement, and (d) any act by an agent or employee of the IDA at the Briarcliff Horizons Site which is within or under the control of Developer or pursued for the benefit of or on behalf of the Developer. The Developer shall also pay and indemnify and save the IDA and its Board of Directors, members, officers, employees and agents harmless of, from and against, all costs, reasonable counsel fees, expenses and liabilities incurred by them or by the Developer in any action or proceeding brought by reason of any such claim, demand, expense, penalty or fine. If any action or proceeding is brought against the IDA or its Board of Directors, members, officers, employees or agents by reason of any such claim or demand, the Developer, upon notice from the IDA, covenants to resist and defend such action or proceeding on demand of the IDA or its Board of Directors, members, officers, employees or agents. Nothing in this section shall constitute a waiver of governmental or official immunity of the IDA, the City or its officers or employees. 6. Sovereign Immunity. Nothing in this Agreement shall constitute or be construed as a waiver of any governmental or official immunity available to the IDA or its officers or agents. 7. 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 the remainder can be given effect without the invalid provision. IN WITNESS WHEREOF, the City and the Developer have caused this Agreement to be executed in their respective names as of the date first above written. "IDA" "DEVELOPER" INDUSTRIAL DEVELOPMENT AUTHORITY BRIARCLIFF REALTY, LLC, a Missouri limited OF THE CITY OF RIVERSIDE, MISSOURI liability company Y Preside t \ Printed Name: Printed Name: Title: STATE OF MISSOURI ) SS: COUNTY OF PLATTE ) On this day of \eco 2011, before me appeared — � to me pertonally known, who, being by me duly sworn, did say that he/she i3 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 company, by authority of its Board of Directors; and that he/she 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. Notary Public My Commission Expires: l4Dvemb ac p1ARY SE 4[ 1.4 . ARY PUV'\ C F011 IY'ggOJ`� SARAN WAGNER NOTARY PUBLIC- COUNTY MISSOURI PLATTESTATE OF MISSOURI ) MY COMMISSION E%PIPES ii81W011 SS: COUNTY OF PLATTE ) On this_day of 2011, before me appeared to me personally known, who, being by me duly sworn, did say that he/she is the of BRIARCLIFF REALTY, LLC, a Missouri limited liability company, and that he/she is authorized to sign the instrument on behalf of said company by authority of its members, and acknowledged to me that he/she executed the within instrument as said company's free act and deed. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the and State aforesaid, the day and year first above written. Notary Public My Commission Expires: AGREEMENT FOR INFRASTRUCTURE IMPROVEMENT CONSTRUCTION WHEREAS, The Industrial Development Authority of the City of Riverside, Missouri (the"IDA") is the owner of certain real property within the L-385 Levee Redevelopment Area ('Redevelopment Area"); and WHEREAS, Briarcliff Realty, LLC ("Developer") has been designated as the master developer of certain property within the Redevelopment Area by the Board of Aldermen of the City of Riverside, Missouri ("City") consisting of 260 acres generally bounded by Horizons Parkway on the west, Interstate 635 on the south and east, and the BNSF railroad line on the north, known as the 'Briarcliff Horizons Site"; and WHEREAS, such designation was made pursuant to a Master Development Agreement dated May 10, 2011, as amended ("Master Development Agreement'); and WHEREAS, the IDA is the owner of the Briarcliff Horizons Site, as defined in the Master Development Agreement, and the IDA desires to enter into an agreement with Developer to define the rights and responsibilities of the parties relating to the construction of Infrastructure Improvements on the Briarcliff Horizons Site as defined and set forth in Exhibit"A" attached hereto and made a part hereof by reference; NOW THEREFORE, in consideration of the premises contained herein and other good and valuable consideration, the adequacy and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Right of Entry. The IDA hereby grants to Developer, and its agents, a non-exclusive right to enter upon the Briarcliff Horizons Site to design, construct, maintain, repair and operate any and all Infrastructure Improvements authorized by the City of Riverside, Missouri, on such property as long as the Master Development Agreement entered into between the City and Developer is in full force and effect. 2. Master Development Agreement Terms and Conditions. The parties agree the terms and conditions of the Master Development Agreement shall control the design, construction, maintenance, repair and operation of such Infrastructure Improvements and no further consent of the IDA shall be required for Developer to commence construction or maintenance activities on the Infrastructure Improvements described therein. The Developer shall be wholly responsible for such Infrastructure Improvements and the IDA shall have no responsibility to pay the cost of design, construction, maintenance, repair or operation of such improvements nor shall the IDA have any responsibility or obligation to reimburse the Developer for any costs incurred under any circumstances whatsoever. Transfer of title to the property shall be by official action of the IDA pursuant to direction of the City. Developer shall not have any title, interest or other rights in the property by virtue of the Right of Entry granted herein. 3. Title to Personal Property. All tools, equipment and other property taken upon or placed upon such real property by Developer shall remain the property of Developer and shall be removed by Developer before the expiration of this agreement, unless title to the real property is other transferred to Developer and/or the right to enter upon the property is extended by written agreement of the parties. 4. Insurance. During the period of construction of the Infrastructure Improvements, the Developer shall maintain or cause to be maintained insurance with respect to the Infrastructure Improvements and operations covering such risks that are of an insurable nature and of the character customarily insured against by organizations operating similar properties and engaged in similar operations (including but not limited to property and casualty, worker's compensation, general liability and employee dishonesty) and in such amounts as, in the reasonable judgment of the City and IDA, are adequate to protect Developer, the City, the IDA and the Infrastructure Improvements. Each policy or other contract for such insurance shall (i) name the IDA as an additional insured (with respect to liability insurance), and (ii)contain an agreement by the insurer that, notwithstanding any right of cancellation reserved to such insurer, such policy or contract shall continue in force for at least thirty (30) days after written notice of cancellation to the Developer and each other insured, additional insured, loss payee and mortgage payee named therein. Developer shall provide written notice to the IDA within ten (10) days of the cancellation of any insurance required under this Section. 5. Indemnity. Developer shall pay and indemnify and save the IDA and its Board of Directors, members, officers, employees and agents harmless from and against all loss, liability, damage or expense arising out of(a)the design, construction and completion of the Infrastructure Improvements and/or Briarcliff Horizons Improvements by Developer or its agent(s), (b)the use or occupation of the Briarcliff Horizons Improvements by Developer or anyone acting by, through or under it, (c)any breach, default or failure to perform by Developer under this Agreement, and (d) any act by an agent or employee of the IDA at the Briarcliff Horizons Site which is within or under the control of Developer or pursued for the benefit of or on behalf of the Developer. The Developer shall also pay and indemnify and save the IDA and its Board of Directors, members, officers, employees and agents harmless of, from and against, all costs, reasonable counsel fees, expenses and liabilities incurred by them or by the Developer in any action or proceeding brought by reason of any such claim, demand, expense, penalty or fine. If any action or proceeding is brought against the IDA or its Board of Directors, members, officers, employees or agents by reason of any such claim or demand, the Developer, upon notice from the IDA, covenants to resist and defend such action or proceeding on demand of the IDA or its Board of Directors, members, officers, employees or agents. Nothing in this section shall constitute a waiver of governmental or official immunity of the IDA, the City or its officers or employees. 6. Soverelan Immunity. Nothing in this Agreement shall constitute or be construed as a waiver of any governmental or official Immunity available to the IDA or its officers or agents. 7. 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 the remainder can be given effect without the invalid provision. IN WITNESS WHEREOF, the City and the Developer have caused this Agreement to be executed in their respective names as of the date first above written. "IDA" "DEVELOPER" INDUSTRIAL DEVELOPMENT AUTHORITY BRIARCLIFF REALTY, LLC, a Missouri limited OF THE CITY OF RIVERSIDE, MISSOURI liability company By: By:`� President Printed Name: Printed Name: Title: b r STATE OF MISSOURI ) SS: COUNTY OF PLATTE ) On this day of 2011, before me appeared to me personally known, who, being by me duly sworn, did say that he/she 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 company, by authority of its Board of Directors; and that he/she 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. Notary Public My Commission Expires: STATE OF MISSOURI ) CLAY- ) SS: COUNTY OF Pb�kiT€ ) On this X41day of gqi2tfierl 2011, before me appeared Na4i�-;.yl- 4*ed4 w to me personally known, who, being by me duly sworn, did say that he/she is the of BRIARCLIFF REALTY, LLC, a Missouri limited liability company, and that he/she is authorized to sign the instrument on behalf of said company by authority of its members, and acknowledged to me that he/she executed the within instrument as said company's free act and deed. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the and State aforesaid, the day and year first above written. Notary Public My Commission Expires: VIM L11auwEa PubSW OMW n�:POq� cowts"toMy 093015 My WMbSW r AGREEMENT FOR INFRASTRUCTURE IMPROVEMENT CONSTRUCTION WHEREAS, The Industrial Development Authority of the City of Riverside, Missouri (the "IDA") is the owner of certain real property within the L-385 Levee Redevelopment Area ("Redevelopment Area"); and WHEREAS, Briarcliff Realty, LLC ("Developer") has been designated as the master developer of certain property within the Redevelopment Area by the Board of Aldermen of the City of Riverside, Missouri ("City") consisting of 260 acres generally bounded by Horizons Parkway on the west, Interstate 635 on the south and east, and the BNSF railroad line on the north, known as the"Briarcliff Horizons Site"; and WHEREAS, such designation was made pursuant to a Master Development Agreement dated May 10, 2011, as amended ("Master Development Agreement"); and WHEREAS, the IDA is the owner of the Briarcliff Horizons Site, as defined in the Master Development Agreement, and the IDA desires to enter into an agreement with Developer to define the rights and responsibilities of the parties relating to the construction of Infrastructure Improvements on the Briarcliff Horizons Site as defined and set forth in Exhibit "A" attached hereto and made a part hereof by reference; NOW THEREFORE, in consideration of the premises contained herein and other good and valuable consideration, the adequacy and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Right of Entry. The IDA hereby grants to Developer, and its agents, a non-exclusive right to enter upon the Briarcliff Horizons Site to design, construct, maintain, repair and operate any and all Infrastructure Improvements authorized by the City of Riverside, Missouri, on such property as long as the Master Development Agreement entered into between the City and Developer is in full force and effect. 2. Master Development Agreement Terms and Conditions. The parties agree the terms and conditions of the Master Development Agreement shall control the design, construction, maintenance, repair and operation of such Infrastructure Improvements and no further consent of the IDA shall be required for Developer to commence construction or maintenance activities on the Infrastructure Improvements described therein. The Developer shall be wholly responsible for such Infrastructure Improvements and the IDA shall have no responsibility to pay the cost of design, construction, maintenance, repair or operation of such improvements nor shall the IDA have any responsibility or obligation to reimburse the Developer for any costs incurred under any circumstances whatsoever. Transfer of title to the property shall be by official action of the IDA pursuant to direction of the City. Developer shall not have any title, interest or other rights in the property by virtue of the Right of Entry granted herein. 3. Title to Personal Property. All tools, equipment and other property taken upon or placed upon such real property by Developer shall remain the property of Developer and shall be removed by Developer before the expiration of this agreement, unless title to the real property is other transferred to Developer and/or the right to enter upon the property is extended by written agreement of the parties. 4. Insurance. During the period of construction of the Infrastructure Improvements, the Developer shall maintain or cause to be maintained insurance with respect to the Infrastructure Improvements and operations covering such risks that are of an insurable nature and of the character customarily insured against by organizations operating similar properties and engaged in similar operations (including but not limited to property and casualty, worker's compensation, general liability and employee dishonesty) and in such amounts as, in the reasonable judgment of the City and IDA, are adequate to protect Developer, the City, the IDA and the Infrastructure Improvements. Each policy or other contract for such insurance shall (i) name the IDA as an additional insured (with respect to liability insurance), and (ii) contain an agreement by the insurer that, notwithstanding any right of cancellation reserved to such insurer, such policy or contract shall continue in force for at least thirty (30) days after written notice of cancellation to the Developer and each other insured, additional insured, loss payee and mortgage payee named therein. Developer shall provide written notice to the IDA within ten (10) days of the cancellation of any insurance required under this Section. 5. Indemnity. Developer shall pay and indemnify and save the IDA and its Board of Directors, members, officers, employees and agents harmless from and against all loss, liability, damage or expense arising out of (a) the design, construction and completion of the Infrastructure Improvements and/or Briarcliff Horizons Improvements by Developer or its agent(s), (b)the use or occupation of the Briarcliff Horizons Improvements by Developer or anyone acting by, through or under it, (c) any breach, default or failure to perform by Developer under this Agreement, and (d) any act by an agent or employee of the IDA at the Briarcliff Horizons Site which is within or under the control of Developer or pursued for the benefit of or on behalf of the Developer. The Developer shall also pay and indemnify and save the IDA and its Board of Directors, members, officers, employees and agents harmless of, from and against, all costs, reasonable counsel fees, expenses and liabilities incurred by them or by the Developer in any action or proceeding brought by reason of any such claim, demand, expense, penalty or fine. If any action or proceeding is brought against the IDA or its Board of Directors, members, officers, employees or agents by reason of any such claim or demand, the Developer, upon notice from the IDA, covenants to resist and defend such action or proceeding on demand of the IDA or its Board of Directors, members, officers, employees or agents. Nothing in this section shall constitute a waiver of governmental or official immunity of the IDA, the City or its officers or employees. 6. Sovereian Immunity. Nothing in this Agreement shall constitute or be construed as a waiver of any governmental or official immunity available to the IDA or its officers or agents. 7. 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 the remainder can be given effect without the invalid provision. IN WITNESS WHEREOF, the City and the Developer have caused this Agreement to be executed in their respective names as of the date first above written. "IDA" "DEVELOPER" INDUSTRIAL DEVELOPMENT AUTHORITY BRIARCLIFF REALTY, LLC, a Missouri limited OF THE CITY OF RIVERSIDE, MISSOURI liability company B . BY Preside \\-- Printed Name: Printed Name:%� �c�C !Z Title: STATE OF MISSOURI ) SS: COUNTY OF PLATTE ) On this day of , 2011, before me appeared Cc�� to me personally known, who, being by me duly sworn, did say that he/she 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 company, by authority of its Board of Directors; and that he/she 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. ,E,"t A-Z MOTA"r ami 9 Notary Public •.�B��� •,"SAM PW�N:�� • :JQ My Commission Expires: lot BARAN WAORER 1111014M PUBLIC-STATE OF MISSOURI PLATTE COUNTY MY OOMWB&OH EXPIRES j185 1118153-2011 STATE OF MISSOURI ) SS: COUNTY OF PLATTE ) On this_day of 2011, before me appeared to me personally known, who, being by me duly sworn, did say that he/she is the of BRIARCLIFF REALTY, LLC, a Missouri limited liability company, and that he/she is authorized to sign the instrument on behalf of said company by authority of its members, and acknowledged to me that he/she executed the within instrument as said company's free act and deed. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the and State aforesaid, the day and year first above written. Notary Public My Commission Expires: A� 6� CERTIFICATE OF LIABILITY INSURANCE °o a"=Y' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: N the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 1-816-421-7788 CONTACT Susan McCaffrey Arthur J. Gallagher Risk Management Services, Inc. PNONEan) FAX . 816-395-8694 AN: No: 816-467-5694 2345 Grand Blvd., Suite 900 ADDRESS; Susan_mccaffrey/ajg.com Kansas City, NO 64108 INSURERS AFFORDING COVERAGE NAICO Tamer Burne INSURER A: HANOVER AMER INS CO 36064 INSURED INSURER B: CITIZENS INS CO OF AMER 31534 Northpoint Holdings, LLC Northpoint Development, LLC INSURER C: NANOVBR IN9 CO 22292 6300 N. Revere Suite 225 INSURER D: WESTCHESTER FIRE INS CO 10030 Kanas City, NO 64151 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 29267371 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDTYPE OF INSURANCE LSUBR POLICY NUMBER MMMIDDYEFF POLICY EXP LIMITS LTR A GENERAL LIABILITY A RBK9453473 00 02/13/1 02/13/13 EACHOCCURRENCE E 1,000,000 X COMMERCIAL GENERAL�LIABILITY PREMISES Ea accunenra $ 100,000 CI-AIMS-MADE OCCUR MED EXP(Any one Prean) $0 X Blkt Al Form 421-0080 PERSONAL&ADV INJURY 51,000,000 GENERAL AGGREGATE $2,000,000 GENL AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP ADD $2.000,000 POLICY PRO- X JECT LOC $ B AUTOMOBILE UABILRY ABE9452458 00 02/13/1; 0 COMBINED SINGLE LIMIT 1,000,000 Ea accident X ANY AUTO BODILY INJURY(Per Person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ X AUTOS AUTOS X NON OWNED P OPERTT�OAMAGE $ HIRED AUTOS AUTOS S C X UMBRELLA LINE X OCCUR UHX9452460 00 02/13/1 02/13/13 EACH OCCURRENCE $ 20,000,000 EXCESS LIAS CLAIMS-MADE AGGREGATE $ 20,000,000 DED X I RETENTIONSCI $ WORKERS COMPENSATION TOCRY U- OTH- AND EMPLOYERS'LIABILITY YIN RYLI I LI 1 ER ANY PROPRIETOR,PARTNERIEXECUTIVE❑ NIA E.L.EACH ACCIDENT $ R/M OFFICEEMBER EXCLUDED') (Mandatory In NH) E.L.DISEASE-EA EMPLOYE E If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT E D Professional Liability G24254471001 02/08/1 02/08/13 Per Claim 3,000,000 Per Aggregate 3,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES Ufta ACORD 101,Adt itlenal Ramarlm ScIe4ab,K mon apace la mlulred) The Industrial Development Authority of the City of Riverside and City of Riverside are included as additional insureds with respect to General Liability coverage as required by written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Riverside, Missouri THE EXPIRATION DATE THEREOF, NOTICE WALL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 2950 NN Vivion Road AUTHORIZED REPRESENTATIVE Riverside, NO 64150 USA ®1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD micbor 29267371 SUPPLEMENT TO CERTIFICATE OF INSURANCE DATE os/as/gala NAME OF INSURED: Northpoint Holdings, LLC Northpoint Development, LLC Additional Description of Operations/Remarks from Page 1: General Liability - Additional Insured per form 421-0060 Additional I nfonnatiom SUPP(05104)