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HomeMy WebLinkAbout2008-142 Superior Land Development & Larry DoughtyBill No. 2008 -142 Ordinance No. 2008 -142 AN ORDINANCE AUTHORIZING AND APPROVING THE CITY OF RIVERSIDE:, MISSOURI, TO PAY CERTAIN FUNDS TO SUPERIOR LAND DEVELOPMENT, LLC AND LARRY E. DOUGHTY WHEREAS, Jack Miller Properties, L.L.C. ( "Jack Miller ") and Superior Land Development, LLC ( "Superior ") entered into that certain Real Estate Sale Contract dated June 13, 2005, as amended ( "Real Estate Contract') in connection with certain property legally described in Exhibit A (the "Miller Property"); and WHEREAS, the City of Riverside (the "City ") approved the Upper Gateway Mixed Use Redevelopment Plan pursuant to Ordinance 2006 -173 ( "TIF Plan") which covered the Miller Property as well as other properties; and WHEREAS, the City and TE Woods Construction, Inc. (the "Developer ") entered into that certain Redevelopment Agreement dated December 29, 2006 and recorded in the Platte County recorders office on February 1, 2007 as Instrument No. 2007 001673 in Book 1097 at Page 788 (the "Redevelopment Agreement') for the implementation of the TIF Plan; and WHEREAS, the City pursuant to the TIF Plan and the Redevelopment Agreement assisted the Developer in acquiring certain property including the Miller Property by providing funding for the purchase of the Miller Property as well as other assistance under the TIF Plan and the Redevelopment Agreement; and WHEREAS, the City budgeted $550,000 for the purchase of the Miller Property; and WHEREAS, the City has expended $496,849.28 for the purchase of the Miller Property; and WHEREAS, Superior and Larry E. Doughty (the "Releasing Parties ") had certain rights under the Redevelopment Agreement, the TIF Plan and the Real Estate Contract relating to the Miller Property (the "Released Rights "); and WHEREAS, it is proposed that the City, the Developer and Jack Miller accept the Release, in the form attached hereto as Exhibit A , in exchange for a payment by the City of $48,726.82 (the "Release Amount'); and WHEREAS, in determining the Release Amount, the parties took into consideration, among other factors, the amounts paid by the Releasing Parties under the Real Estate Contract, including the down payment in the amount of Ten Thousand and 00 /100 DOLLARS ($10,000) as well as interest paid in excess of the amount of Thirty Eight Thousand Seven Hundred Tw;,nty Six and 82/100 DOLLARS ($38,726.82); and r ;TP HE OF MISSVIR.; s ZOi. "i ?Y o PLtilE - _ 0011 .i•:i;1�Y.1' „`r{VYI`:i I'.r'�, .'t.O 2009 FEB -2 A 9: 2L GL:LIA BOYER. PL to I ; ixcaei,: A ` ' i 7.zS” RELEASE by SUPERIOR LAND DEVELOPMENT, LLC, a Missouri limited liability company, a� 16710 NW 137th Ct., Platte City, MO 64079 "^ and -v LARRY E. DOUGHTY C' O 16710 NW 137th Ct.. Platte City, MO 64079 GRANTORS (for purposes of this covers sheet only) co For the Benefit of CITY OF RIVERSIDE, MISSOURI, a fourth class city of the State of Missouri, 2950 N.W. Vivion Road, Rivcrside, Missouri 64150; and TE WOODS CONSTRUCTION, INC., a Missouri corporation, 14400 East 42 Suite 200, Independence, Missouri 64150; and JACK MILLER PROPERTIES, L.L.C., a Missouri limited liability company, 30 NW Vivion Rd., Kansas City, MO 64118 GRANTEES (for purposes of this covers sheet only) Relating to Premises in: Platte County, Missouri SEE EXHIBIT A (LEGAL DESCRIPTION) DATED: As of January 28, 2009 I /._: / /'• /�. -°.Gi � /iii / RELEASE fit, Q �Q,O S'artwary aD 'T, This Release is entered into as of I;recawn er _,& 20* by SUPERIOR LAND DEVELOPMENT, LLC, a Missouri limited liability company ( "Superior ") and LARRY E. DOUGHTY, an individual ( "Doughty "), hereinafter collectively referred to as "Releasing Parties" for the benefit of the CITY OF RIVERSIDL, MISSOURI, a city and political 4= subdivision duly organized and existing under its charier and the Constitution and laws of the ... state of Missouri (the "City "), TE WOODS CONSTRUCTION, INC., a Missouri corporation — CTE Woods'), and JACK MILLER PROPERTIES, L.L.C., a Missouri limited liability company W ("Jack Miller') hereinafter collectively referred to as "Released Parties'. F WHEREAS, Jack Miller and Superior entered into that certain Real Estate Sale Contract –o O dated June 13, 2005, as amended ( "Real Estate Contract ") whereby Jack Miller agreed to sell and — Superior agreed to purchase certain real property described on Exhibit A attached hereto (the tT "Properly'); and Co WHEREAS, Superior did not close on the purchase of the Property; and WHEREAS, the City approved the Upper Gateway Mixed Use Redevelopment Plan pursuant to Ordinance 2006 -173 ( "TIF Plan "): and WHEREAS, the City entered into that certain Redevelopment Agreement with TE Woods dated December 29, 2006 and recorded in the Platte County recorders office on February I, 2007 as Instrument No. 2007 001673 in Book 1097 at Page 788 (the "Redevelopment Agreement"); and WHEREAS, the Redevelopment Agreement granted certain rights to the Releasing Parties relating to the Property; and WHEREAS, at the time the Redevelopment Agreement was executed, the transaction contemplated by the Real Estate Contract had not been consummated and Jack Miller still held title to the Property; and WHEREAS, with the knowledge and verbal consent of the Releasing Parties and with their understanding that certain monies would be paid to them, TE Woods purchased the Property from Jack Miller using assistance from the City pursuant to the TIF Plan; and WHEREAS, the Releasing Parties have determined to not move forward with their project on the Property; and WHEREAS the Releasing Parties have agreed to release any and all rights they may have under the Real Estate Contract, the T1F Plan and the Redevelopment Agreement in exchange for the finds set forth herein; and NOW, THEREFORE, with the foregoing background deemed incorporated herein by reference and made a part hereof; and in consideration of the payment described in this Release -2- and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, the Releasing Parties intending to be legally bound hereby, undertake and agree for themselves and their past, present, and future parent companies, affiliates, assigns, successors, employees, agents, and representatives as follows: 1. Acknowledgment of Payment The Releasing Parties acknowledge receipt of the sum of Forty Eight Thousand Seven Hundred Twenty Six and 821100 DOLLARS ($48.726.82) (the "Release Amount'). 2. Release The Releasing Parties hereby forever release and discharge the Released Parties and their past, present, and future parent companies, subsidiaries, affiliates, assigns, successors, employees, agents, and representatives, including all elected and appointed officials, council members, representatives, attorneys, corporate partners, officers, directors, employees, agents, and insurers; from any and all claims, causes of action, damages, liabilities, losses, benefits, expenses, fees, interest and costs, which the Releasing Parties have or ever had from the beginning of time to the date of this Release whether anticipated or unanticipated, accrued or unaccrued, including, but not limited to, those claims resulting from, arising out of or connected directly or indirectly with (i) the Real Estate Contract, (ii) the TIF Plan, and/or (iii) the Redevelopment Agreement. 3. Releasing Parties Representations Each Releasing Party represents and warrants that no other person or entity has, or has had, any interest in the Property or any rights under the Real Estate Contract, TIF Plan and Redevelopment Agreement; that the Releasing Parties have the sole right and exclusive authority to execute this Release and receive the sums specified in it; and that no Releasing Party has sold, assigned, transferred, conveyed, or otherwise disposed of any of the rights therein. Each Releasing Party further represents and warrants they each are fully authorized and qualified to execute this Release and bind the Releasing Parties to this Release. 4. Entire Agreement and Modifications No representations or promises have been made to or relied upon by the Releasing Parties or by any person acting for or on their behalf in connection with the subject matter of this Release which are not specifically set forth herein. All prior agreements, representations and promises made by any of the Released Parties or whether in writing or orally, are understood to be merged in this Release. 5, Goveming Law The Release shall be construed and governed by the laws of the State of Missouri. W —v C13 tT OD -3- SUPERIOR LAND DEVELOPMENT LLC, a Missouri limited liability company By:_ 41-1 F Q Larry E. Doughty, Authori em er &" Larry E. Doughty STATE OF i n Sa S ) ss. COUNTY OF �A n 5o vt ) On this ,;)L day of ' u 20, before me, appeared Larry E. Doughty, tome personally known, who being by me d ly sworn, did say he is the managing member of Superior Land Development, LLC, a Missouri limited liability company, and that said instrument was signed in behalf of said limited liability company by authority of its Operating Agreement, and said Larry E. Doughty acknowledged said instrument to be the free act and deed of said limited liability company. IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed my notarial seal at my office the day and year last above written. ,•- Notary Public My commission expires: o A'vy j73 STATE OF In ; G ) Awt Ezp- ) ss. STardc K..'.n5 COUNTY OF j � h+N l a r1 1 On this .J3 " day of �4,, , 20 U_1_, before me, a Notary Public, personally appeared Larry E. Doughty to me knoyk to be the person described in and who executed the foregoing instrument, and acknowledged that he executed the same as his free act and deed, IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seat at my office the day and year last above writtetr � Notary Public My commission expires: v a- s v 113 _ a01- Ar_w�4CQ DANA td. MARQUESS Apt. Exp. 0' O M V W O tT co FILE: 200506027 TRACT 1: F"IBIT A A part of the Northwest Quarter and a part of the Southwest Quarter of Section 33, Township 51, Range 33, Platte County, Missouri, more particularly described as follows: Beginning at a point 30 chains South of the Northwest corner of the Northwest Quarter of Section 33, Township 51, Range 33, thence East 40 chains; thence South 10 chains to the East and West line between the Northwest Quarter and the Southwest Quarter of said Section 33, Township 51, Range 33; thence across said line, South 5 chains; thence West 40 chains; thence North 5 chains to said East and West line; thence across said line North, 10 chains, to the point of beginning; EXCEPT Part of the North 1/8 of the Southwest Quarter of Section 33, Township 51, Range 33, in Platte County, Missouri, beginning at a point 150 feet North of the South line of said North 1/8 and 73.9 feet West of the East line thereof, being on the West line of right of way of State Highway No. 71F thence West 290.4 feet; thence North 150 feet; thence East 290.4 feet to the West line of said right of way; thence South along the westerly line of said right of way 150 feet to the point of beginning; and EXCEPT part of the North 1/8 of the Southwest Quarter of Section 33, Township 51, Range 33, Platte County, Missouri, beginning at a point 70.82 feet West of the Southeast corner of said land and on the West line of the right of way for State Highway No. 71; thence West along the South line of said North 1/8, 290.4 feet: thence North 150 feetF thence last 290.4 feet to West line of said right of way; thence South along West line of right of way 150 feet to point of beginning, and EXCEPT that part contained within BRENVIEW, a subdivision in the Cities of Riverside and Kansas City, Platte County, Missouri, as recorded February 13, 1962 in Plat Book 7 at Page 49; AND EXCEPT that part contained within VENETIAN GARDENS, a subdivision in the City of Kansas City, Platte County, Missouri, as recorded September 2, 1929 in Plat Book 3 at Page 21; and EXCEPT that part contained within the rights of way for Missouri State Highway No. 71, Interstate Highway # I -635 and Interstate Highway # I -29, and EXCEPT any part of the premises herein lying westerly and Northerly of the Easterly and Southerly right of way lines of Missouri State Highway No. 71, Interstate Highway # I -635 and Interstate Highway # I -29, and EXCEPT that part of the Southwest Quarter of Section 33, Township 51, Range 33, Riverside, Platte County, Missouri, shown as unplatted Lot 42, sRENVIEW, a subdivision of land in Riverside, Platte County, Missouri, and EXCEPT all that part of the Northwest Quarter of Section 33, Township 51, Range 33, Platte County, Missouri, being bounded and described as follows: Beginning at the Southeast corner of the Northwest Quarter of said Section 33; thence North along the East line of said Quarter Section 167.1 feet; thence West 368 feet; thence Continued on next page 200506027 O 0 O a t. or. W J- B OOK -0 -PAGEI L EXHIBIT A FILE: 200506027 South 86 degrees 38' 51" West 160 feet; thence South 64 degrees x 19' 45° Went to the South line of said Quarter Section; thence .,. Bast along the South line of said Quarter Section to the point of beginning. W TRACT 2: 'fl That part of the Southwest Quarter of Section 33, Township 51, Range 33, Riverside, Platte County, Missouri, shown as unplatted Lot 42, BRBNVIBW, a subdivision of land in Riverside, Platte County, Missouri; EXCEPT any part of the legal description lying Northwesterly of the Southeasterly Right of Way line of Interstate # I -635. TRACT 3: All that part of the Northwest Quarter of Section 33, Township 51, Range 33, Platte County, Missouri, being bounded and described as follows: Beginning at the Southeast corner of the Northwest Quarter of said Section 33; thence North along the East line of said Quarter Section 167.1 feet; thence West 368 feet; thence South 86 degrees 38' 51" west 160 feet; thence! South 64 degrees 19' 45" West to the South line of said Quarter Section; thence East along the South line of said Quarter _ Section to the point of beginning, EXCEPT that part contained within the rights of way for Missouri State Highway No. 71, C� Interstate Highway # I -635 and Interstate Highway # I -29. TRACT 9: D' � Part of the North 1 /8th of the Southwest 1/4 of Section 33, Township 51, Range 33, in Platte County, Missouri, beginning at a point 150 feet North of the South line of said North 1 /8th and 73.9 feet West of the East line thereof, being on the West line of right of way of State Highway No. 71; thence West 290.4 feetr thence North 150 feet, thence East 290.4 feet to West line of said right of way, thence South along the Westerly line of said right of way 150 feet to point of beginning. TRACT 5: Part of the the North 1/8 of the Southwest Quarter of Section 33, Township 51, Range 33, Platte County, Missouri, beginning at a point 70.82 feet West of the Southeast corner of said land and on the west line of the right of way for State Highway No. Continued on next page v v FILE: 200506027 001196 0046= EXHIBIT A 71; thence west along the South line of said North 1/8, 290.4 feet; thence North 150 feet; thence Bast 290.4 feet to West line of said right of way thence South along west line of right of way 150 feet to point of beginning. 'c . A •O T Z W-9 I ft w*ftrT""w I4rL/.wrw im ....� o nmmp b a1w .d AWOONIN inmm Idw wa pp 419000m m �IWs ulww powedw)", I ar.IY d= L Trniwr>rrevn�Mtll.MmRnNa. 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Wom NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI, AS FOLLOWS: Section 1. The Board of Aldermen hereby find that paying the Release Amount will assist in the implementation of the TIF Plan, is for a public purpose and is advisable and in the City's best interests for the promotion of the health, safety and welfare of the residents of the City. Section 2. The City shall pay the sum of Forty Eight Thousand Seven Hundred Twenty Six and 82/100 DOLLARS ($48,726.82) to the Releasing Parties upon the Releasing Parties delivery to the City of the fully executed Release in the form attached as Exhibit A . Section 3. The Mayor, the City Administrator, the City Attorney, Finance Officer and other appropriate City officials are hereby authorized to make the payment of the Release Amount and take any and all actions as may be deemed necessary or convenient to carry out and comply with the intent of this Ordinance and to execute and deliver for and on behalf of the City all certificates, instruments, agreements and other documents, as may be necessary or convenient to perform all matters herein authorized. Section 4. This Ordinance shall be in full force and effect from and after its passage and approval. PASSED AND APPROVED this /(d day of December, 2008. Mayor Kathleen L. Rose ATTEST: C' y Clerk r • ' FILE: 200506027 TRACT 1: EXHIBIT A A part of the Northwest Quarter and a part of the Southwest Quarter of Section 33, Township 51, Range 33, Platte County, Missouri, more particularly described as follows: Beginning at a point 30 chains South of the Northwest corner of the Northwest Quarter of Section 33, Township 51, Range 33, thence East 40 chains; thence South 10 chains to the East and West line between the Northwest Quarter and the Southwest Quarter of said Section 33, Township 51, Range 33; thence across said line, South 5 chains; thence west 40 chains; thence North 5 chains to said East and West line; thence across said line North, 10 chains, to the point of beginning; EXCEPT Part of the North 1/8 of the Southwest Quarter of Section 33, Township 51, Range 33, in Platte County, Missouri, beginning at a point 150 feet North of the South line of said North 1/8 and 73.9 feet West of the East line thereof, being on the West line of right of way of State Highway No. 71; thence West 290.4 feet; thence North 150 feet; thence East 290.4 feet to the west line of said right of way; thence South along the Westerly line of said right of way 150 feet to the point of beginning; and EXCEPT part of the North 1/8 of the Southwest Quarter of Section 33, Township 51, Range 33, Platte County, Missouri, beginning at a point 70.82 feet West of the Southeast corner of said land and on the west line of the right of way for State Highway No. 71; thence West along the South line of said North 1/8, 290.4 feet; thence North 150 feet; thence East 290.4 feet to West line of said right of way; thence South along West line of right of way 150 feet to point of beginning, and EXCEPT that part contained within BRENVIEW, a subdivision in the Cities of Riverside and Kansas City, Platte County, Missouri, as recorded February 13, 1962 in Plat Book 7 at Page 49; AND EXCEPT that part contained within VENETIAN GARDENS, a subdivision in the City of Kansas City, Platte County, Missouri, as recorded September 2, 1929 in Plat Book 3 at Page 21; and EXCEPT that part contained within the rights of way for Missouri State Highway No. 71, Interstate Highway # I -635 and Interstate Highway # I -29, and EXCEPT any part of the premises herein lying Westerly and Northerly of the Easterly and Southerly right of way lines of Missouri State Highway No. 71, Interstate Highway # I -635 and Interstate Highway # I -29, and EXCEPT that part of the Southwest Quarter of Section 33, Township 51, Range 33, Riverside, Platte County, Missouri, shown as unplatted Lot 42, BRENVIEW, a subdivision of land in Riverside, Platte County, Missouri, and EXCEPT all that part of the Northwest Quarter of Section 33, Township 51, Range 33, Platte County, Missouri, being bounded and described as follows: Beginning at the Southeast corner of the Northwest Quarter of said Section 33; thence North along the East line of said Quarter Section 167.1 feet; thence West 368 feet; thence Continued on next page 200506027 O C7 Q Uk FILE: 200506027 South 86 degrees 38' 19' 45° West to the East along the South of beginning. TRACT 2: EXHIBIT A 51 West 160 feet; thence South 64 degrees South line of said Quarter Section; thence line of said Quarter Section to the point That part of the Southwest Quarter of Section 33, Township 51, Range 33, Riverside, Platte County, Missouri, shown as unplatted Lot 42, BRENVIEW, a subdivision of land in Riverside, Platte County, Missouri; EXCEPT any part of the legal description lying Northwesterly of the Southeasterly Right of Way line of Interstate # I -635. TRACT 3: All that part of the Northwest Quarter of Section 33, Township 51, Range 33, Platte County, Missouri, being bounded and , described as follows: Beginning at the Southeast corner of the Northwest Quarter of said Section 33; thence North along the East line of said Quarter Section 167.1 feet; thence West 368 feet; thence South 86 degrees 38' 51" West 160 feet; thence South 64 degrees 19' 45" West to the South line of said Quarter section; thence East along the South line of said Quarter Section to the point of beginning, EXCEPT that part contained within the rights of way for Missouri State Highway No. 71, Interstate Highway # I -635 and Interstate Highway # I -29. TRACT 4: Part of the North 1 /8th of the Southwest 1/4 of Section 33, Township 51, Range 33, in Platte County, Missouri, beginning at a point 150 feet North of the South line of said North 1 /8th and 73,9 feet West of the East line thereof, being on the West line of right of way of State Highway No. 71; thence West 290.4 feet; thence North 150 feet, thence East 290.4 feet to West line of said right of way, thence South along the Westerly line of said right of way 150 feet to point of beginning. TRACT 5: Part of the the North 1/8 of the Southwest Quarter of Section 33,•Township 51, Range 33, Platte County, Missouri, beginning at a point 70.82 feet West of the Southeast corner of said land and on the west line of the right of way for State Highway No. Continued on next page x O O C7 J 004612 A of said North 1/8, 290.4 ast 290.4 feet to West h along West line of right I CM I O . O O ' J _�