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HomeMy WebLinkAbout2014-10-08 IDA PacketTHE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF RIVERSIDE, MISSOURI Board of Directors Notice of Meeting Notice is hereby given that the Board of Directors of The Industrial Development Authority of the City of Riverside, Missouri will conduct a meeting at 6:00 p.m. on Wednesday, October 8, 2014, at the City Hall of Riverside, 2950 NW Vivion Road, Riverside, Missouri 64150. The tentative agenda of this meeting includes: 1. OPENING 2. ROLL CALL 3. APPROVAL OF MINUTES OF MEETINGS: May 28, 2014 4. NEW BUSINESS A. RESOLUTION 2014-009: A Resolution Electing the Officers of the Industrial Development Authority of the City of Riverside, Missouri B. RESOLUTION 2014-010: A Resolution Granting and Approving the Execution of a Proxy for Annual Meeting of Landowners of the Riverside-Quindaro Bend Levee District of Platte County Missouri and Actions Related Thereto C. RESOLUTION 2014-011: A Resolution Authorizing the Granting of an Easement to Missouri -American Water Company for the Location, Construction, Reconstruction, Maintenance, Operation, and Repair of Waterline Improvements Over a Portion of Lot 7, Riverside Horizons Industrial V East Plat 5. ADJOURNMENT Sarah Wagner October 6, 2014 11:00 a.m. MINUTES REGULAR MEETING THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF RIVERSIDE, MISSOURI Wednesday, May 28, 2014 6:00 p.m. The Industrial Development Authority of the City of Riverside, Missouri, met in regular session at City Hall, 2950 NW Vivion Road, Riverside, Missouri. President Leland Finley called the meeting to order at 6:00 p.m. Answering roll call were Leland Finley, Harold Snoderley, Bernie Bruns, Cy Houston, and Pam Darata Also present: Sarah Wagner Community Development and Justin Leck with SFBB. Approval of Minutes from Pam Darata moved to approve the minutes from April 24, 2014 as April 24, 2014 corrected. Harold Snoderley seconded and the motion passed 5-0. Justin Leck with SFBB gave an overview of the resolution and the Challenge project.. Resolution 2014-005: Sale and Transfer of Land for Challenge Cy Houston moved to approve Resolution 2014-005: A Resolution authorizing the sale and transfer of certain property to the City of Riverside, Missouri; directing UMB Bank, NA. to release such property from the deed of trust and security agreement; and authorizing other actions in connection therewith (Challenge Riverside, LLC Project), seconded by Bernie Bruns. Motion passed 5-0. Resolution 2014-006:Quit Justin Gave an overview of the Quit Claim Deed for property associated Claim Argo Lot 6 with Argo Lot 6. Resolution 2014-007:Sewer Easement Horizons Industrial II. Cy Houston moved to approve Resolution 2014-006: A Resolution authorizing the quit claim of certain property to Argo Innovation Park Lot 6, LLC; directing UMB Bank NA. to release such property from the deed of trust and security agreement; and authorizing other actions in connection therewith, seconded by Bernie Bruns. Motion passed 5-0. Justin Leck explained the necessity of this resolution for the sewer connection for Horizons Industrial II and the City of Kansas City. Pam Darata moved to approve Resolution 2014-007: A Resolution authorizing the granting of an easement for the location, construction, reconstruction, maintenance, operation, and repair of the sewerage improvements to the City of Kansas City, Missouri for the benefit of the Horizons Industrial II Project in the City of Riverside, Missouri, seconded by Harold Snoderley. Motion passed 5-0. Resolution 2014-008: Harold Snoderley moved to approve Resolution 2014-008: A Resolution Temporary Access Agreement authorizing the granting of a temporary access easement to Challenge to Challenge Riverside, LLC during the period of construction of the Challenge project in the City of Riverside, Missouri, seconded by Pam Darata. Motion passed 5-0. Adjournment Cy Houston moved to adjourn the meeting, seconded by Bernie Bruns. The motion passes 5-0 and the meeting was adjourned at 6:15 p.m. IDA RESOLUTION 2014-009 A RESOLUTION ELECTING THE OFFICERS OF THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF RIVERSIDE, MISSOURI WHEREAS, 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"), desires to adopt this Resolution to provide for the election of officers to administer the affairs of the corporation; 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 following persons are herby appointed to serve in the offices set forth preceding their respective names, to hold such respective office until the next annual meeting of the Board of Directors or until a successor is duly appointed and qualified: Office President Vice President Treasurer Secretary Assistant Secretary Name Sarah Wagner FURTHER THAT this resolution shall take effect immediately upon passage and approval by the Board of Directors; FURTHER THAT the Secretary is directed to file this Resolution in the official record book of the IDA; PASSED AND ADOPTED by the Board of Directors of The Industrial Development Authority of the City of Riverside, Missouri on this 8th day of October, 2014. ATTEST: [seal] Assistant Secretary IDA RESOLUTION 201.012 A RESOLUTION ELECTING THE OFFICERS OF THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF RIVERSIDE, MISSOURI WHEREAS, 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"), desires to adopt this Resolution to provide for the election of officers to administer the affairs of the corporation; 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 following persons are herby appointed to serve in the offices set forth preceding their respective names, to hold such respective office until the next annual meeting of the Board of Directors or until a successor is duly appointed and qualified: Office Name President \-¼:�— '`` Vice President %\ i Treasurer ( N. Secretary �, "\Acte,! Assistant Secretary Sarah Wagner FURTHER THAT this resolution shall take effect immediately upon passage and approval by the Board of Directors; FURTHER THAT the Secretary is directed to file this Resolution in the official record book of the IDA; PASSED AND ADOPTED by the Board of Directors of The Industrial Development Authority of the City of Riverside, Missouri on this 15th day of October, 2013. ATTEST: [seal Assistant Secretary IDA RESOLUTION 2014-010 A RESOLUTION GRANTING AND APPROVING THE EXECUTION OF A PROXY FOR ANNUAL MEETING OF LANDOWNERS OF RIVERSIDE-QUINDARO BEND LEVEE DISTRICT OF PLATTE COUNTY, MISSOURI AND ACTIONS RELATED THERETO WHEREAS, The Industrial Development Authority of the City of Riverside, Missouri (the "IDA") is the real property owner of certain property located within the Riverside-Quindaro Bend Levee District of Platte County, Missouri ("Levee District"); and WHEREAS, the Levee District holds an annual meeting each year at which landowners are entitled to vote to elect Supervisors; and WHEREAS, the Authority desires to grant a proxy for its voting rights at the 2014 annual meeting; 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 IDA grants to Ron Super, Alderman of the City of Riverside, Missouri the right to act as Proxy, with full power of substitution, for the IDA at the 2014 Levee District annual meeting of the landowners. The Proxy for Annual Meeting of Landowners of Riverside- Quindaro Bend Levee District of Platte County, Missouri, in substantially the form attached, is approved, and the President, Vice President, Treasurer, Secretary and Assistant Secretary are authorized and directed to execute the Proxy, and the executions and delivery of all documents and the performance of all actions related thereto are approved, authorized and directed. FURTHER THAT this resolution shall take effect immediately upon passage and approval by the Board of Directors; PASSED AND ADOPTED by the Board of Directors of The Industrial Development Authority of the City of Riverside, Missouri on this 8th day of October, 2014. President ATTEST: [seal] Assistant Secretary IDA RESOLUTION 2014-010 PROXY FOR ANNUAL MEETING OF LANDOWNERS OF RIVERSIDE-QUINDARO BEND LEVEE DISTRICT OF PLATTE COUNTY, MISSOURI KNOW ALL MEN BY THESE PRESENTS THAT The Industrial Development Authority of the City of Riverside, Missouri (the "IDA") being the record owner of real estate, situate in the Riverside-Quindaro Bend Levee District of Platte County, Missouri (the "Levee District"), being entitled to votes at the annual meeting of landowners of the Levee District to be held on or about 15th day of October, 2014, in Riverside, Missouri, or on such other date as may be designated, does hereby constitute and appoint Ron Super with full power of substitution, the proxy of the IDA to represent and vote all votes to which the IDA is entitled at such meeting on the election of one or more supervisor(s) to the Board of Supervisors of the Levee District and any other business as may properly come before said annual meeting or any adjournment thereof and the IDA hereby revokes any authorization to vote at said meeting heretofore given by the IDA to anyone. IN WITNESS WHEREOF, the IDA, by and through its authorized official, has executed this Proxy this 8th day of October, 2014. THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF RIVERSIDE, MISSOURI By: ATTEST: [seal] Assistant Secretary IDA Resolution 2014-011 IDA RESOLUTION NO. 2014-011 A RESOLUTION AUTHORIZING THE GRANTING OF AN EASEMENT TO MISSOURI -AMERICAN WATER COMPANY FOR THE LOCATION, CONSTRUCTION, RECONSTRUCTION, MAINTENANCE, OPERATION, AND REPAIR OF WATERLINE IMPROVEMENTS OVER A PORTION OF LOT 7, RIVERSIDE HORIZONS INDUSTRIAL V EAST PLAT 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 adopts this Resolution and directs that this Resolution be filed with the official IDA minutes: WHEREAS, the IDA currently owns all of Lot 7, Riverside Horizons Industrial V East Plat, a subdivision in the City of Riverside, Platte County, Missouri, according to the recorded plat thereof (the "Property"); and WHEREAS, Missouri -American Water Company ("MAWC") desires to undertake the installation of a new water line over a portion of the Property (the "Project") and the Project requires the granting of an easement (the "Easement") over such portions of the Property for the location, construction, reconstruction, maintenance, operation, and repair of water pipes, hydrants, valves, and appurtenant facilities that will serve the Project; and WHEREAS, the City has, pursuant to Ordinance No. passed and approved by the City's Board of Aldermen on October 7, 2014, a copy of which is presented with this Resolution and is on file with the Secretary, approved the Easement and directed the IDA to execute and deliver the Easement. NOW THEREFORE, BE IT RESOLVED, by the Board of Directors of the Industrial Development Authority of the City of Riverside, Missouri as follows: Section 1. The IDA's granting of the Easement, in substantially the form attached hereto and incorporated herein as Exhibit "A", to MAWC is hereby approved and the President and Vice President are hereby authorized to enter into, execute and deliver and the Secretary and the Assistant Secretary are hereby authorized to attest to, the Easement, such official's signature thereon being conclusive evidence of his or her approval and the IDA's approval thereof. Section 2. 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. 1 IDA Resolution 2014-011 Section 3. The Resolution shall be in full force and effect from and after its adoption. ADOPTED THIS 8th DAY OF OCTOBER, 2014. This Resolution was adopted at the meeting of the Board of Directors of the IDA duly called and held this date. (SEAL) ATTEST: Sarah Wagner, Secretary By: Name: Title: 2 IDA Resolution 2014-011 EXHIBIT A EASEMENT AGREEMENT Missouri Recording Cover Sheet Name of document: Date of Document: Water Main Improvement and Appurtenances Easement Grantor(s): The Industrial Development Authority of the City of Riverside, Missouri Grantee(s): Missouri -American Water Company Legal Description: See Exhibit A October , 2014 Statutory Address(es), if any: The Grantor's mailing address is: 2950 NW Vivion Road Riverside, MO 64150 The Grantee's mailing address is: 727 Craig Road St. Louis, MO 63141 Statutory Recording Reference, if any: N/A WA 6131719.2 WATER MAIN IMPROVEMENT AND APPURTENANCES EASEMENT THIS WATER MAIN IMPROVEMENT AND APPURTENANCES EASEMENT (this "Easement") is entered into by THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF RIVERSIDE, MISSOURI, a public corporation organized and existing under the laws of the State of Missouri, with a mailing address of 2950 NW Vivion Road, Riverside, MO 64150, its successors and assigns, herein referred to as GRANTOR, and MISSOURI -AMERICAN WATER COMPANY, a Missouri corporation, whose mailing address is 727 Craig Road, St. Louis, MO 63141, its successors and assigns, herein referred to as GRANTEE. GRANTOR, in consideration of the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does by these presents GRANT, BARGAIN, SELL AND CONVEY unto GRANTEE an easement to construct, operate, maintain, reconstruct, inspect and remove water main improvements and appurtenances thereto, as may be required from time to time upon, over and under GRANTOR's land situated in Platte County, State of Missouri, described in Exhibit A and depicted in Exhibit B attached hereto and made a part hereof (the "Property"). GRANTEE assumes the responsibility for the proper installation of GRANTEE's lines and agrees to save GRANTOR harmless from any and all damage caused to GRANTOR's property due to the negligence of GRANTEE, its agents and employees. GRANTEE is hereby granted the right and permission to clear, remove and keep the Property cleared of trees, limbs, roots, signs, buildings, structures, and other obstructions which in the reasonable opinion of GRANTEE might damage, endanger, or interfere with the operation, maintenance, or safety of said lines, and to enter upon the Property for access to said lines for the purpose of exercising the rights herein granted at any time. GRANTEE agrees that GRANTOR shall otherwise have full and free use of said Property, subject to the rights herein granted to GRANTEE; provided that no operation or construction shall be performed or permitted by GRANTOR on the Property which might damage, endanger or interfere with the operation, maintenance or safety of said lines. GRANTOR agrees not to obstruct or interfere with the normal use or maintenance of such pipe line or lines and any connections to the pipe line. GRANTOR also agrees not to erect or cause to be erected any building or structure within the easement area and shall not add or remove any fill or ground cover in the easement area without the prior written approval of GRANTEE. GRANTOR, for itself, its successors and assigns, warrants that it is the owner of the property containing the Property and has the right to grant this Easement. Grantor will defend the title to said easement during its existence with the Grantee for its use and benefit against all parties whomsoever. This Easement shall be binding upon the parties hereto, their employees, contractors, tenants, licensees, agents and invitees, and shall inure to Grantor and Grantee and their respective successors and assigns. Nothing herein shall be deemed to restrict Grantor's right to convey Grantor's property or any interest therein to any other persons, entities or public bodies, subject in each case, however, to Grantee's rights set out in this Easement. The failure to enforce any right, restriction, condition, covenant or agreement herein contained shall in no event be deemed a waiver of the right to do so thereafter as to the same breach or as to one occurring prior or subsequent thereto. [Remainder of Page Intentionally Left Blank — Signature Page to Follow] WA 6131719.2 This Water Main Improvement and Appurtenances Easement is executed this day of October, 2014. Missouri -American Water Company The Industrial Development Authority of the City of Riverside, Missouri By: By: Name and Title: Name and Title: STATE OF MISSOURI COUNTY OF ) ss. ACKNOWLEDGMENTS On this day of October, 2014, before me the undersigned Notary Public, personally appeared , to me personally known who being by me duly sworn did say that she/he is the of Missouri -American Water Company, and that she/he executed the foregoing instrument pursuant to due authority and acknowledged to me that she/he executed the same as her/his free act and deed as the act of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year last above written. Notary Public Signature (Seal) Printed or Typed Name My Commission Expires: STATE OF MISSOURI ) ) ss. COUNTY OF PLATTE ) On this day of October, 2014, before me the undersigned Notary Public, personally appeared , to me personally known who being by me duly sworn did say that she/he is the of The Industrial Development Authority of the City of Riverside, Missouri and that she/he executed the foregoing instrument and acknowledged to me that she/he executed the same as her/his free act and deed. IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year last above written. (Seal) My Commission Expires: 2 Notary Public Signature Printed or Typed Name WA 6131719.2 EXHIBIT A LEGAL DESCRIPTION File No. 2014-0602 Horizons Waterline Easement October 02, 2014 EXH01 Waterline Easement A 10 foot wide Waterline Easerrrent lying 5.00 feet on both sidesof the following described centerline and whose sidelines are lengthened or foreshortened to terminate at their respective property lutes, being all that part of Lot 7, Riverside Horizons Industrial V East Plat, in the city of Riverside, Platte County, Missouri, described as follows: COMMENCING at the Northeast corner of said Lot 7, thence North 68 degrees 05 minutes 05 seconds West along the North line of said Lot 7 a distance of 203.58 feet to the POINT OF BEGINNING; thence South 21 degree 44 minutes 45 seconds West a distance of 8.41 feet; thence South 42 degrees 53 minutes 59 seconds East a distance of 19434 feet; thence South 21 degrees 28 minutes 38 seconds West a distance of 122.88 feet; thence South 21 degrees 51 minutes 39 seconds West a distance of 251.20 feet; thence South 21 degrees 58 minutes 47 seconds West a distance of406.61 feet to a point on the South line of said Lot 7, also being the point of termination of said centerline. The above described waterline easement contains 9,834 Square Feet or 0.2258 Acres, more or less. 3 WA 6131719.2 EXHIBIT B EASEMENT AREA A ssTas miLut sniax el Lino of Lot 7 dr, jrce ga- m 4+ a tiles NIS 4 14 r01 5 in 4 7Q' rl Saab Lire & Le 7 lag ;sit WA 6131719.2