HomeMy WebLinkAbout2014-05-28 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, May 28, 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: April 24, 2014
4. NEW BUSINESS
A. RESOLUTION 2014-005: A RESOLUTION AUTHORIZING THE SALE AND TRANSFER
OF CERTAIN PROPERTY TO THE CITY OF RIVERSIDE, MISSOURI; DIRECTING UMB
BANK, N.A. TO RELEASE SUCH PROPERTY FROM THE DEED OF TRUST AND
SECURITY AGREEMENT; AND AUTHORIZING OTHER ACTIONS IN CONNECTION
THEREWITH (CHALLENGE RIVERSIDE, LLC PROJECT)
B. RESOLUTION 2014-006: A RESOLUTION AUTHORIZING THE QUIT CLAIM OF
CERTAIN PROPERTY TO ARGO INNOVATION PARK LOT 6, LLC.; DIRECTING UMB
BANK, N.A. TO RELEASE SUCH PROPERTY FROM THE DEED OF TRUST AND
SECURITY AGREEMENT; AND AUTHORIZING OTHER ACTIONS IN CONNECTION
THEREWITH
C. RESOLUTION 2014-007: A RESOLUTION AUTHORIZING THE GRANTING OF AN
EASEMENT FOR THE LOCATION, CONSTRUCTION, RECONSTRUCTION,
MAINTENANCE, OPERTION, AND REPAIR OF SEWERAGE IMPROVEMENTS TO THE
CITY OF KANSAS CITY, MISSOURI FOR THE BENEFIT OF THE HORIZONS
INDUSTRIAL II PROJECT IN THE CITY OF RIVERSIDE, MISSOURI
D. RESOLUTION 2014-008: A RESOLUTION AUTHORIZING THE GRANTING OF A
TEMPORARY ACCESS EASEMENT TO CHALLENGE RIVERSIDE, LLC DURING THE
PERIOD OF CONSTRUCTION OF THE CHALLENGE PROJECT IN THE CITY OF
RIVERSIDE, MISSOURI
5. ADJOURNMENT
Posted by: Sarah Wagner
Date: May 27, 2014
Time: 11:00 a.m.
MINUTES
REGULAR MEETING
THE INDUSTRIAL DEVELOPMENT AUTHORITY
OF THE CITY OF RIVERSIDE, MISSOURI
Thursday, April 24, 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
Snidely, Bernie Bruns, and Pam Darata Also present: Sarah Wagner Community Development.
Approval of Minutes from
March 31, 2014
Resolution 2014-004:
Refunding Bonds
Adjournment
Bernie Bruns moved to approve the minutes from March 31, 2014.
Harold Snidely seconded and the motion passed 4-0.
Gary Anderson with Gilmore and Bell gave an overview of the bond
refunding process.
Harold Snoderley moved to approve Resolution 2014-004: A Resolution
authorizing the authorizing the issuance of tax increment refunding
revenue bonds (L-385 Levee Project) series 2014, in an aggregated
principal amount not exceeding $9,500,000, to provide funds to be loaned
to the City of Riverside, Missouri; and authorizing and approving certain
documents and actions in connection with the issuance of said bonds.
seconded by Pam Darata.
Motion passed 4-0.
Bernie Bruns moved to adjourn the meeting, seconded by Harold
Snoderley. The motion passes 4-0 and the meeting was adjourned at 6:20
p.m.
IDA Resolution 2014-005
IDA
RESOLUTION NO. 2014-005
A RESOLUTION AUTHORIZING THE SALE AND TRANSFER OF
CERTAIN PROPERTY TO THE CITY OF RIVERSIDE, MISSOURI;
DIRECTING UMB BANK, N.A. TO RELEASE SUCH PROPERTY FROM
THE DEED OF TRUST AND SECURITY AGREEMENT; AND
AUTHORIZING OTHER ACTIONS IN CONNECTION THEREWITH
(CHALLENGE RIVERSIDE, LLC PROJECT)
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 issued its Industrial Development Revenue Bonds (Riverside
Horizons Infrastructure Project - City of Riverside, Missouri), Series 2007 in the principal amount
of $40,265,000 (the "Bonds"); and
WHEREAS, the City of Riverside, Missouri ("City"), the IDA, and UMB Bank, N.A.,
entered into that certain Financing and Cooperation Agreement dated as of May 1, 2007 relating
to the Bonds (the "Financing Agreement"); and
WHEREAS, the Financing Agreement requires that the IDA, upon direction of the City,
transfer and sell the Mortgaged Property (as defined in the Financing Agreement) to the City, in
whole or in part, in one or more transactions; and
WHEREAS, the City has, pursuant to Ordinance No.1318, a copy of which is presented
with this Resolution and is on file with the Secretary, directed the IDA to convey to the City its
interest in that certain portion of the Mortgaged Property comprising 1,332,926.818 +/- square
feet, the legal description of such portion being:
ALL OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF
SECTION 7, TOWNSHIP 50, RANGE 33, AND ALL OF THE NORTHWEST
QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 7, LYING
EAST OF THE EAST LINE OF THE MISSOURI RIVER LEVEE RIGHT-OF-WAY
AND DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID QUARTER QUARTER
SECTION; THENCE WESTERLY (AZIMUTH 90° 32' 14") ALONG THE NORTH
LINE OF SAID QUARTER QUARTER SECTION 973.92 FEET, TO AN IRON
PIPE ON THE EAST LINE OF SAID RIGHT-OF-WAY; THENCE SOUTHERLY
(AZIMUTH 17° 47' 56") 365.52 FEET; THENCE SOUTHERLY (AZIMUTH 1° 19'
45") 237.26 FEET; THENCE SOUTHERLY (AZIMUTH 349° 40' 45") 601.54
FEET; THENCE SOUTHERLY (AZIMUTH 342° 13' 45") 147.12 FEET TO AN
IRON BAR ON THE SOUTH LINE OF SAID QUARTER QUARTER SECTION;
THENCE EASTERLY ALONG THE SOUTH LINE OF SAID QUARTER
QUARTER SECTION, 929.25 FEET TO THE SOUTHEAST CORNER
THEREOF; THENCE NORTHERLY TO THE POINT OF BEGINNING, IN
IDA Resolution 2014-005
RIVERSIDE, PLATTE COUNTY, MISSOURI, SUBJECT TO THE RIGHTS OF
THE PUBLIC IN ROADS (the "Sale Property").
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 conveyance of all right, title and interest in the Sale Property to
the City at the price of Six Hundred Sixty -Six Thousand Four Hundred Sixty -Three and 41/100
Dollars ($666,463.41) (the "Sale Price") is hereby approved.
Section 2. The Special Warranty Deed conveying all right, title and interest of the IDA in
the Sale Property to the City for the Sale Price is hereby approved in the form attached hereto
and incorporated herein as Exhibit "A" (the "Deed") 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 Deed, such official's signature thereon being
conclusive evidence of his or her approval and the IDA's approval thereof.
Section 3. The proceeds from the sale of the Sale Property shall be disbursed as
provided in the Financing Agreement. The IDA hereby requests and directs that UMB Bank,
N.A., upon receipt of the Sale Price, cause the release of the Sale Property from the deed of
trust lien on the Mortgaged Property created as security for the Bonds pursuant to that certain
Deed of Trust and Security Agreement, dated May 1, 2007, made by the IDA in favor of UMB
Bank, N.A. Such release shall be effectuated by execution and recording of a Partial Release in
substantially the form attached hereto and incorporated herein as Exhibit "B".
Section 4. 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.
Section 5. The Resolution shall be in full force and effect from and after its adoption.
ADOPTED THIS 28th DAY OF MAY, 2014.
This Resolution was adopted at the meeting of the Board of Directors of the IDA duly
called and held this date.
By:
Name:
Title:
(SEAL)
ATTEST:
Sarah Wagner, Secretary
IDA Resolution 2014-005
EXHIBIT A
SPECIAL WARRANTY DEED
IDA Resolution 2014-005
EXHIBIT B
PARTIAL RELEASE
Title of Document: PARTIAL RELEASE
Date of Document: May , 2014
Grantor:
Grantee:
UMB BANK, N.A.
1010 Grand Blvd., 4th Floor
Kansas City, Missouri, 64106
THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF
RIVERSIDE, MISSOURI
2950 NW Vivion Road
Riverside, Missouri 64150
and
THE CITY OF RIVERSIDE, MISSOURI
2950 NW Vivion Road
Riverside, Missouri 64150
Legal Description: See Exhibit A of Partial Release
Reference:
BK1103PG315 BK1103PG316
Return Recorded Document to:
City of Riverside
Attn: Greg Mills
2950 NW Vivion Rd
Riverside, MO 64150
PARTIAL RELEASE
The City of Riverside, Missouri
and
The Industrial Development Authority of the City of Riverside, Missouri
THIS PARTIAL RELEASE is executed on the day of May, 2014 by UMB BANK,
N.A., a national association duly organized and existing under the laws of the United States of
America having a corporate trust office located at UMB Bank, N.A., 1010 Grand Blvd., 4th Floor,
Kansas City, Missouri 64106, Attention: Corporate Trust Department, and its successors and
assigns ("Mortgagee"), for the benefit of the CITY OF RIVERSIDE, MISSOURI, a fourth class
municipality of the State of Missouri having its principal office located at 2950 NW Vivion Road,
Riverside, Missouri 64150 ("City") and THE INDUSTRIAL DEVELOPMENT AUTHORITY OF
THE CITY OF RIVERSIDE, MISSOURI, a public corporation organized and existing under the
laws of the State of Missouri, having its principal office located at 2950 NW Vivion Road,
Riverside, Missouri 64150 ("Mortgagor").
RECITALS:
A. The Mortgagor issued its $30,265,000 Revenue Bonds (Riverside Horizons
Infrastructure Project - City of Riverside, Missouri) Series 2007A and $10,000,000 Revenue
Bonds (Riverside Horizons Infrastructure Project - City of Riverside, Missouri) Series 2007B
dated as of May 1, 2007 (the "Bonds").
B. In connection with the Bonds, Mortgagee and Mortgagor entered into a series of
security documents, including (but without limitation):
(i) A Financing and Cooperation Agreement dated May 1, 2007 between
Mortgagee, Mortgagor, and City; recorded May 9, 2007 in Book 1103 a Page 315 in the
office of the Recorder of Deeds, Platte County, Missouri ("Financing Agreement"); and
(ii) A Deed of Trust and Security Agreement dated May 1, 2007 whereby Mortgagor
granted a deed of trust lien on the property described therein ("Mortgaged Property") to
secure the payment of the Bonds, and any other amounts or obligations secured
thereby; recorded May 9, 2007 in Book 1103 at Page 316 in the office of the Recorder of
Deeds, Platte County, Missouri ("Deed of Trust").
C. Section 6.3 of the Financing Agreement set the minimum amount per square foot
which must be deposited with the Mortgagee with respect to a sale of all or any portion of the
Mortgaged Property at $.50 per square foot.
D. The City directed that the Mortgagor sell 1,332,926.818 square feet of the
Mortgaged Property, the legal description of such property being set forth on Exhibit A
("Released Property") and Mortgagor, pursuant to a Special Warranty Deed, has sold and
transferred all right, title and interest in the Released Property to City.
E. Mortgagee has been paid the sales price of Six Hundred Sixty -Six Thousand
Four Hundred Sixty -Three and 41/100 Dollars ($666,463.41) for the Released Property ($.50
per square foot).
2
F. Pursuant to Section 6.5 of the Financing Agreement, Mortgagee shall release its
lien with respect to the Released Property.
NOW, THEREFORE, in consideration of these Recitals, the mutual benefits and
obligations accruing under this and other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, Mortgagee agrees as follows:
AGREEMENT
1. Mortgagee does hereby release its lien on the Released Property, the legal
description of which is described on Exhibit A attached hereto and made a part hereof. This is
a partial release of only the Released Property and shall not affect the remaining Mortgaged
Property or the indebtedness thereof on the Deed of Trust or Financing Agreement.
2. Notwithstanding the release of the lien on the Released Property, the Deed of
Trust, in the initial principal amount of $30,265,000 for the Series 2007A bonds and
$10,000,000 for the Series 2007B bonds from the Mortgagor to the Mortgagee shall remain in
full force and effect and any indemnities and other obligations under the Deed of Trust which, by
their terms, survive a release of the lien on the Released Property, shall remain in full force and
effect with respect to the non -released property and are not cancelled.
3. Furthermore, notwithstanding anything to the contrary contained herein, any and
all liens created against the Released Property in the Deed of Trust and/or the Financing
Agreement are released in their entirety and in all respects, Mortgagee shall have no continuing
rights, interests or privileges whatsoever with respect to the Released Property, or any portion
thereof, and Mortgagee shall have no rights of action, foreclosure, recourse or otherwise
whatsoever with respect to or against the Released Property, or any portion(s) thereof, from and
after the date hereof, including, without limitation, arising from any purported breach or default
by Mortgagor or its successors or assigns of any obligations that purport to have survived the
release made hereby.
IN WITNESS WHEREOF, Mortgagee hereby executes this instrument to be effective as
of the date first written above.
MORTGAGEE:
UMB BANK, N.A
By:
Name: Wendee I. Peres
Title: Vice -President
3
ACKNOWLEDGEMENT
STATE OF MISSOURI }
} SS.
COUNTY OF JACKSON }
On this, the day of May 2014, before me, the undersigned, a Notary Public
appeared Wendee I. Peres, who being before me duly sworn did say that she is a Vice
President of UMB Bank, N.A., a national banking association organized under the laws of the
United States of America and that the seal affixed to the foregoing instrument is the seal of said
association, and that said instrument was signed and sealed on behalf of said association by
authority of its board of directors, and said official acknowledged said instrument to be executed
for the purposes therein stated and as the free act and deed of said association.
IN WITNESS WHEREOF, I hereunder set my hand and affixed my notary seal, the day
and year last above written.
My commission expires:
4
Notary Public
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
ALL OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 7,
TOWNSHIP 50, RANGE 33, AND ALL OF THE NORTHWEST QUARTER OF THE
NORTHWEST QUARTER OF SAID SECTION 7, LYING EAST OF THE EAST LINE OF THE
MISSOURI RIVER LEVEE RIGHT-OF-WAY AND DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID QUARTER QUARTER SECTION;
THENCE WESTERLY (AZIMUTH 90° 32' 14") ALONG THE NORTH LINE OF SAID QUARTER
QUARTER SECTION 973.92 FEET, TO AN IRON PIPE ON THE EAST LINE OF SAID RIGHT-
OF-WAY; THENCE SOUTHERLY (AZIMUTH 17° 47' 56") 365.52 FEET; THENCE
SOUTHERLY (AZIMUTH 1° 19' 45") 237.26 FEET; THENCE SOUTHERLY (AZIMUTH 349° 40'
45") 601.54 FEET; THENCE SOUTHERLY (AZIMUTH 342° 13' 45") 147.12 FEET TO AN IRON
BAR ON THE SOUTH LINE OF SAID QUARTER QUARTER SECTION; THENCE EASTERLY
ALONG THE SOUTH LINE OF SAID QUARTER QUARTER SECTION, 929.25 FEET TO THE
SOUTHEAST CORNER THEREOF; THENCE NORTHERLY TO THE POINT OF BEGINNING,
IN RIVERSIDE, PLATTE COUNTY, MISSOURI, SUBJECT TO THE RIGHTS OF THE PUBLIC
IN ROADS.
5
For recording purposes only:
COVER PAGE FOR RECORDING
1. Title of Document: Special Warranty Deed
2. Date of Document: May , 2014
3. Grantor Name and Address: THE INDUSTRIAL DEVELOPMENT AUTHORITY
OF THE CITY OF RIVERSIDE, MISSOURI
2950 NW Vivion Road
Riverside, Missouri 64150
4. Grantee Name and Address: CITY OF RIVERSIDE, MISSOURI
2950 NW Vivion Road
Riverside, Missouri 64150
5. Legal Description/Address:
6. Book and Page Reference:
On Page 1
N/A
PLEASE RETURN RECORDED DOCUMENT TO:
City Administrator
City of Riverside, Missouri
2950 NW RoadVivion
Riverside, Missouri 64150
WA 5165836.1
SPECIAL WARRANTY DEED
THIS INDENTURE is made as of May _, 2014 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, Missouri 64150, as grantor ("GRANTOR"), to the CITY OF RIVERSIDE,
MISSOURI, a fourth class city organized and existing under the laws of the State of Missouri,
with a mailing address of 2950 NW Vivion Road, Riverside, Missouri 64150, as grantee
("GRANTEE").
WITNESSETH: THAT GRANTOR, in consideration of the sum of TEN AND NO/100
DOLLARS ($10.00) and other valuable consideration to it in hand paid by GRANTEE (the
receipt and sufficiency of which is hereby acknowledged) does by these presents, SELL and
CONVEY unto GRANTEE, its successors and assigns, the lots, tracts or parcels of land, lying,
being and situate in the County of Platte and State of Missouri as described as follows:
ALL OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF
SECTION 7, TOWNSHIP 50, RANGE 33, AND ALL OF THE NORTHWEST
QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 7, LYING
EAST OF THE EAST LINE OF THE MISSOURI RIVER LEVEE RIGHT-OF-WAY
AND DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID QUARTER QUARTER
SECTION; THENCE WESTERLY (AZIMUTH 90° 32' 14") ALONG THE NORTH
LINE OF SAID QUARTER QUARTER SECTION 973.92 FEET, TO AN IRON
PIPE ON THE EAST LINE OF SAID RIGHT-OF-WAY; THENCE SOUTHERLY
(AZIMUTH 17° 47' 56") 365.52 FEET; THENCE SOUTHERLY (AZIMUTH 1° 19'
45") 237.26 FEET; THENCE SOUTHERLY (AZIMUTH 349° 40' 45") 601.54
FEET; THENCE SOUTHERLY (AZIMUTH 342° 13' 45") 147.12 FEET TO AN
IRON BAR ON THE SOUTH LINE OF SAID QUARTER QUARTER SECTION;
THENCE EASTERLY ALONG THE SOUTH LINE OF SAID QUARTER
QUARTER SECTION, 929.25 FEET TO THE SOUTHEAST CORNER
THEREOF; THENCE NORTHERLY TO THE POINT OF BEGINNING, IN
RIVERSIDE, PLATTE COUNTY, MISSOURI, SUBJECT TO THE RIGHTS OF
THE PUBLIC IN ROADS.
TO HAVE AND TO HOLD the premises aforesaid, with all and singular the rights
privileges, appurtenances and immunities thereto belonging or in anywise appertaining unto
GRANTEE and unto its successors and assigns forever, GRANTOR hereby covenanting that
said premises are free and clear from any encumbrance done or suffered by it, except for
easements, reservations and encumbrances of record; and that it will warrant and defend the
title to said premises unto GRANTEE and unto its successors and assigns forever, against the
lawful claims and demands of all persons claiming under GRANTOR.
WA 5165836.1
IN WITNESS WHEREOF, Grantor has caused these presents to be signed as of the day
and year first above written.
ATTEST:
By:
Sarah Wagner, Secretary
STATE OF MISSOURI
SS
COUNTY OF PLATTE
GRANTOR:
THE INDUSTRIAL DEVELOPMENT AUTHORITY
OF THE CITY OF RIVERSIDE, MISSOURI
By:
Name:
Title:
ACKNOWLEDGEMENT
ON THIS day of , 2014, before me, the undersigned, a Notary Public
in and for said County and state, personally appeared , to me personally
known, who being by me duly sworn, did say that he/she is the of The
Industrial Development Authority of the City of Riverside, Missouri, a public corporation duly
organized and existing under the laws of the state of Missouri, and that the seal affixed to the
foregoing instrument is the seal of said Authority, and that said instrument was signed and
sealed in behalf of said Authority by free act and deed of said Authority.
WITNESS my hand and official seal in the County and State aforesaid, the day and year
first above written.
Notary Public Signature
(Seal)
Printed or Typed Name
My Commission Expires:
WA 5165836.1
IDA Resolution 2014-006
IDA
RESOLUTION NO. 2014-006
A RESOLUTION AUTHORIZING THE QUIT CLAIM OF CERTAIN
PROPERTY TO ARGO INNOVATION PARK LOT 6, L.L.C.; DIRECTING
UMB BANK, N.A. TO RELEASE SUCH PROPERTY FROM THE DEED
OF TRUST AND SECURITY AGREEMENT; 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
adopts this Resolution and directs that this Resolution be filed with the official IDA minutes:
WHEREAS, the IDA issued its Industrial Development Revenue Bonds (Riverside
Horizons Infrastructure Project - City of Riverside, Missouri), Series 2007 in the principal amount
of $40,265,000 (the "Bonds"); and
WHEREAS, the City of Riverside, Missouri ("City"), the IDA, and UMB Bank, N.A.
("UMB"), entered into that certain Financing and Cooperation Agreement dated as of May 1,
2007 relating to the Bonds (the "Financing Agreement"); and
WHEREAS, the Financing Agreement requires that the IDA, upon direction of the City,
transfer and sell the Mortgaged Property (as defined in the Financing Agreement) to the City, in
whole or in part, in one or more transactions; and
WHEREAS, the IDA executed that certain Right of Way Deed, dated September 26,
2007, and recorded on October 4, 2007 in the office of the Platte County, Missouri Recorder of
Deeds as Document No. 2007 15794, in Book 1111, Page 854, deeding certain land to the City,
including the property legally described as follows, which is Mortgaged Property under the
Financing Agreement:
ALL THAT PART OF THE RIGHT OF WAY FOR HORIZONS PARKWAY IN
SECTION 5, TOWNSHIP 50, RANGE 33 IN RIVERSIDE, PLATTE COUNTY,
MISSOURI BOUNDED ON THE WEST BY THE WEST LINE OF SAID
SECTION 5, CONTAINING PART OF VAN DE POPULIER ROAD, ON THE
NORTH BY THE ELONGATION OF THE NORTH LINE OF LOT 6, ARGO
INNOVATION PARK, A SUBDIVISION IN RIVERSIDE, PLATTE COUNTY,
MISSOURI, ON THE EAST BY THE WESTERLY LINE OF HORIZONS
PARKWAY, AND ON THE SOUTH BY THE SOUTH LINE OF SAID SECTION 5,
TOWNSHIP 50, RANGE 33, SUBJECT TO THAT PART IN ROADS, containing
approximately 9981 square feet (the "Mortgaged Property"); and
WHEREAS, the City is considering a vacation of right of way (the "Vacation"), a portion
of which is over the Mortgaged Property, and, in the event of such Vacation, and upon release
(the "Release") of the Mortgaged Property from that certain Deed of Trust and Security
Agreement, dated May 1, 2007, made by the IDA in favor of UMB Bank, N.A. (the "Deed of
Trust"), the City has, pursuant to Ordinance No. , a copy of which is presented with this
Resolution and is on file with the Secretary, directed the IDA to quit claim to Argo Innovation
Park Lot 6, L.L.0 any interest it may have in the Mortgaged Property, as well as additional
IDA Resolution 2014-006
property covered by such right of way (together with the Mortgaged Property, the "Quit Claim
Property"); and
WHEREAS, to accomplish the Release, payment of $4,990.50 (the "Release Price")
must be made to UMB.
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 conveyance of all right, title and interest in the Quit Claim
Property, conditioned upon the Vacation and upon the Release, is hereby approved.
Section 2. The Quit Claim Deed conveying all right, title and interest of the IDA in the
Quit Claim Property to Argo Innovation Park Lot 6, L.L.C. is hereby approved in the form
attached hereto and incorporated herein as Exhibit "A" (the "Deed") 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 Deed, such official's signature
thereon being conclusive evidence of his or her approval and the IDA's approval thereof.
Section 3. The Release Price shall be disbursed as provided in the Financing
Agreement. The IDA hereby requests and directs that UMB, upon receipt of the Release Price,
cause the release of the Mortgaged Property from the deed of trust lien on the Mortgaged
Property created as security for the Bonds pursuant to the Deed of Trust. Such release shall be
effectuated by execution and recording of a Partial Release in substantially the form attached
hereto and incorporated herein as Exhibit "B".
Section 4. 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.
Section 5. The Resolution shall be in full force and effect from and after its adoption.
ADOPTED THIS 28th DAY OF MAY, 2014.
This Resolution was adopted at the meeting of the Board of Directors of the IDA duly
called and held this date.
By:
Name:
Title:
(SEAL)
ATTEST:
Sarah Wagner, Secretary
IDA Resolution 2014-006
EXHIBIT A
QUIT CLAIM DEED
IDA Resolution 2014-006
EXHIBIT B
PARTIAL RELEASE
Title of Document: PARTIAL RELEASE
Date of Document: June , 2014
Grantor:
Grantee:
UMB BANK, N.A.
1010 Grand Blvd., 4th Floor
Kansas City, Missouri, 64106
THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF
RIVERSIDE, MISSOURI
2950 NW Vivion Road
Riverside, Missouri 64150
and
THE CITY OF RIVERSIDE, MISSOURI
2950 NW Vivion Road
Riverside, Missouri 64150
Legal Description: See Exhibit A of Partial Release
Reference:
BK1103PG315 BK1103PG316
Return Recorded Document to:
City of Riverside
Attn: Greg Mills
2950 NW Vivion Rd
Riverside, MO 64150
PARTIAL RELEASE
The City of Riverside, Missouri
and
The Industrial Development Authority of the City of Riverside, Missouri
THIS PARTIAL RELEASE is executed on the day of June, 2014 by UMB BANK,
N.A., a national association duly organized and existing under the laws of the United States of
America having a corporate trust office located at UMB Bank, N.A., 1010 Grand Blvd., 4th Floor,
Kansas City, Missouri 64106, Attention: Corporate Trust Department, and its successors and
assigns ("Mortgagee"), for the benefit of the CITY OF RIVERSIDE, MISSOURI, a fourth class
municipality of the State of Missouri having its principal office located at 2950 NW Vivion Road,
Riverside, Missouri 64150 ("City") and THE INDUSTRIAL DEVELOPMENT AUTHORITY OF
THE CITY OF RIVERSIDE, MISSOURI, a public corporation organized and existing under the
laws of the State of Missouri, having its principal office located at 2950 NW Vivion Road,
Riverside, Missouri 64150 ("Mortgagor").
RECITALS:
A. The Mortgagor issued its $30,265,000 Revenue Bonds (Riverside Horizons
Infrastructure Project - City of Riverside, Missouri) Series 2007A and $10,000,000 Revenue
Bonds (Riverside Horizons Infrastructure Project - City of Riverside, Missouri) Series 2007B
dated as of May 1, 2007 (the "Bonds").
B. In connection with the Bonds, Mortgagee and Mortgagor entered into a series of
security documents, including (but without limitation):
(i) A Financing and Cooperation Agreement dated May 1, 2007 between
Mortgagee, Mortgagor, and City; recorded May 9, 2007 in Book 1103 a Page 315 in the
office of the Recorder of Deeds, Platte County, Missouri ("Financing Agreement"); and
(ii) A Deed of Trust and Security Agreement dated May 1, 2007 whereby Mortgagor
granted a deed of trust lien on the property described therein ("Mortgaged Property") to
secure the payment of the Bonds, and any other amounts or obligations secured
thereby; recorded May 9, 2007 in Book 1103 at Page 316 in the office of the Recorder of
Deeds, Platte County, Missouri ("Deed of Trust").
C. Section 6.3 of the Financing Agreement set the minimum amount per square foot
which must be deposited with the Mortgagee with respect to a sale of all or any portion of the
Mortgaged Property at $.50 per square foot.
D. The City directed that the Mortgagor transfer 9981 square feet of the Mortgaged
Property, the legal description of such property being set forth on Exhibit A ("Released
Property") and Mortgagor, pursuant to a Quit Claim Deed, shall remise, release, and forever
quit claim all right, title and interest in the Released Property to Argo Innovation Park Lot 6,
L.L.C. upon the recording of this Partial Release.
E. Mortgagee has been paid the sum of Four Thousand Nine Hundred Ninety and
50/100 Dollars ($4,990.50) for the Released Property ($.50 per square foot).
2
F. Pursuant to Section 6.5 of the Financing Agreement, Mortgagee shall release its
lien with respect to the Released Property.
NOW, THEREFORE, in consideration of these Recitals, the mutual benefits and
obligations accruing under this and other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, Mortgagee agrees as follows:
AGREEMENT
1. Mortgagee does hereby release its lien on the Released Property, the legal
description of which is described on Exhibit A attached hereto and made a part hereof. This is
a partial release of only the Released Property and shall not affect the remaining Mortgaged
Property or the indebtedness thereof on the Deed of Trust or Financing Agreement.
2. Notwithstanding the release of the lien on the Released Property, the Deed of
Trust, in the initial principal amount of $30,265,000 for the Series 2007A bonds and
$10,000,000 for the Series 2007B bonds from the Mortgagor to the Mortgagee shall remain in
full force and effect and any indemnities and other obligations under the Deed of Trust which, by
their terms, survive a release of the lien on the Released Property, shall remain in full force and
effect with respect to the non -released property and are not cancelled.
3. Furthermore, notwithstanding anything to the contrary contained herein, any and
all liens created against the Released Property in the Deed of Trust and/or the Financing
Agreement are released in their entirety and in all respects, Mortgagee shall have no continuing
rights, interests or privileges whatsoever with respect to the Released Property, or any portion
thereof, and Mortgagee shall have no rights of action, foreclosure, recourse or otherwise
whatsoever with respect to or against the Released Property, or any portion(s) thereof, from and
after the date hereof, including, without limitation, arising from any purported breach or default
by Mortgagor or its successors or assigns of any obligations that purport to have survived the
release made hereby.
IN WITNESS WHEREOF, Mortgagee hereby executes this instrument to be effective as
of the date first written above.
MORTGAGEE:
UMB BANK, N.A
By:
Name: Wendee I. Peres
Title: Vice -President
3
ACKNOWLEDGEMENT
STATE OF MISSOURI }
} SS.
COUNTY OF JACKSON }
On this, the day of May 2014, before me, the undersigned, a Notary Public
appeared Wendee I. Peres, who being before me duly sworn did say that she is a Vice
President of UMB Bank, N.A., a national banking association organized under the laws of the
United States of America and that the seal affixed to the foregoing instrument is the seal of said
association, and that said instrument was signed and sealed on behalf of said association by
authority of its board of directors, and said official acknowledged said instrument to be executed
for the purposes therein stated and as the free act and deed of said association.
IN WITNESS WHEREOF, I hereunder set my hand and affixed my notary seal, the day
and year last above written.
My commission expires:
4
Notary Public
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
ALL THAT PART OF THE RIGHT OF WAY FOR HORIZONS PARKWAY IN SECTION 5,
TOWNSHIP 50, RANGE 33 IN RIVERSIDE, PLATTE COUNTY, MISSOURI BOUNDED ON
THE WEST BY THE WEST LINE OF SAID SECTION 5, CONTAINING PART OF VAN DE
POPULIER ROAD, ON THE NORTH BY THE ELONGATION OF THE NORTH LINE OF LOT 6,
ARGO INNOVATION PARK, A SUBDIVISION IN RIVERSIDE, PLATTE COUNTY, MISSOURI,
ON THE EAST BY THE WESTERLY LINE OF HORIZONS PARKWAY, AND ON THE SOUTH
BY THE SOUTH LINE OF SAID SECTION 5, TOWNSHIP 50, RANGE 33, SUBJECT TO THAT
PART IN ROADS.
5
Title of Document: Quit Claim Deed
Date of Document: June , 2014
Grantors: City of Riverside, Missouri; and
The Industrial Development Authority of the City of
Riverside, Missouri
Grantors' Address: 2950 N.W. Vivion Road
Riverside, Missouri, 64150
Grantee(s) Name and Address: Argo Innovation Park Lot 6, L.L.C.
7611 State Line Road
Suite 301
Kansas City, MO 64114
Legal Description/Address: See following page
Book and Page Reference: N/A
WA 5166765.1
QUIT CLAIM DEED
THIS DEED witnesseth that The Industrial Development Authority of the City of
Riverside, Missouri and the City of Riverside, Missouri ("Grantors"), for good and valuable
consideration, do by these presents REMISE, RELEASE and FOREVER QUITCLAIM unto Argo
Innovation Park Lot 6, L.L.C., whose mailing address is 7611 State Line Road, Suite 301,
Kansas City, MO 64114 ("Grantee"), its successors and assigns, the lots, tracts or parcels of
land, lying, being and situate in the County of Platte and State of Missouri as described as
follows:
ALL THAT PART OF THE RIGHT OF WAY FOR HORIZONS PARKWAY IN
SECTION 5, TOWNSHIP 50, RANGE 33 IN RIVERSIDE, PLATTE COUNTY,
MISSOURI BOUNDED ON THE WEST BY THE WEST LINE OF SAID
SECTION 5, CONTAINING PART OF VAN DE POPULIER ROAD, ON THE
NORTH BY THE ELONGATION OF THE NORTH LINE OF LOT 6, ARGO
INNOVATION PARK, A SUBDIVISION IN RIVERSIDE, PLATTE COUNTY,
MISSOURI, ON THE EAST BY THE WESTERLY LINE OF HORIZONS
PARKWAY, AND ON THE SOUTH BY THE SOUTH LINE OF SAID SECTION 5,
TOWNSHIP 50, RANGE 33, SUBJECT TO THAT PART IN ROADS; and
A TRACT OF LAND IN THE SOUTHEAST QUARTER OF SECTION 6,
TOWNSHIP 50N, RANGE 33W IN RIVERSIDE, PLATTE COUNTY, MISSOURI,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER
OF SECTION 6; THENCE NORTH 89 DEGREES, 23 MINUTES, 44 SECONDS
WEST, ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER, 20.00
FEET TO THE EAST LINE OF LOT 6, "ARGO INNOVATION PARK" AS
RECORDED IN BK. 20, PG. 395; THENCE NORTH 00 DEGREES, 29
MINUTES, 11 SECONDS EAST, ALONG THE EAST LINE, 498.83 FEET TO
THE NORTHEAST CORNER OF LOT 6; THENCE SOUTH 89 DEGREES, 35
MINUTES, 34 SECONDS EAST, 20.00 FEET TO THE EAST LINE OF THE
SOUTHEAST QUARTER OF SECTION 6; THENCE SOUTH 00 DEGREES, 29
MINUTES, 11 SECONDS WEST, ALONG THE EAST LINE, 498.90 FEET, TO
THE POINT OF BEGINNING. NOW KNOWN AS THAT PART OF VAN DE
POPULIER ROAD LYING SOUTH OF 41ST STREET, AS SHOWN ON THE
RECORDED PLAT OF ARGO INNOVATION PARK, A SUBDIVISION IN
RIVERSIDE, PLATTE COUNTY, MISSOURI, ACCORDING TO THE
RECORDED PLAT THEREOF.
TO HAVE AND TO HOLD, the premises aforesaid, with all and singular the rights,
privileges, appurtenances and immunities thereto belonging or in any wise appertaining, unto
Grantee and its successors and assigns forever, so that neither Grantors nor their successors,
assigns nor any other person or persons, for them or in their name or behalf, shall or will
hereafter claim or demand any right or title to the said premises, or any part thereof, but they
and each of them shall, by these presents, be excluded and forever barred.
WA 5166765.1
It is the intent and purpose of this Deed that Grantors quit claim to Grantee any interest
that Grantors may have in the aforesaid premises resulting from the vacation of the Van de
Populier Right of Way by way of Ordinance No. , approved and passed by the Board of
Aldermen of the City of Riverside, Missouri on June 3, 2014.
IN WITNESS WHEREOF, Grantors have caused these presents to be signed as of the
day and year first above written.
GRANTORS:
THE INDUSTRIAL DEVELOPMENT AUTHORITY
OF THE CITY OF RIVERSIDE, MISSOURI
By:
Name:
Title:
ATTEST:
By:
Sarah Wagner, Secretary
THE CITY OF RIVERSIDE, MISSOURI
By:
Name: Kathleen L. Rose
Title: Mayor
ATTEST:
By:
Robin Littrell, Clerk
WA 5166765.1
STATE OF MISSOURI
SS
COUNTY OF PLATTE
ACKNOWLEDGEMENT
ON THIS day of June, 2014, before me, the undersigned, a Notary Public in and
for said county and state, personally appeared , to me personally known,
who being by me duly sworn, did say that he/she is the of The Industrial
Development Authority of the City of Riverside, Missouri, a public corporation duly organized
and existing under the laws of the state of Missouri, and that the seal affixed to the foregoing
instrument is the seal of said Authority, and that said instrument was signed and sealed in
behalf of said Authority by free act and deed of said Authority.
WITNESS my hand and official seal in the County and State aforesaid, the day and year
first above written.
(Seal)
My Commission Expires:
STATE OF MISSOURI
SS
COUNTY OF PLATTE
Notary Public Signature
Printed or Typed Name
ACKNOWLEDGEMENT
ON THIS day of June, 2014, before me, the undersigned, a Notary Public in and for
said county and state, personally appeared Kathleen L. Rose, to me personally known, who
being by me duly sworn, did say that she is the Mayor of the City of Riverside, Missouri, a
municipal corporation duly organized and existing under the laws of the state of Missouri, and
that the seal affixed to the foregoing instrument is the seal of said municipality, and that
instrument was signed and sealed in behalf of said municipality by free act and deed of said
municipality.
WITNESS my hand and official seal in the County and State aforesaid, the day and year
first above written.
Notary Public Signature
(Seal)
Printed or Typed Name
My Commission Expires:
WA 5166765.1
IDA Resolution 2014-007
IDA
RESOLUTION NO. 2014-007
A RESOLUTION AUTHORIZING THE GRANTING OF AN EASEMENT
FOR THE LOCATION, CONSTRUCTION, RECONSTRUCTION,
MAINTENANCE, OPERATION, AND REPAIR OF SEWERAGE
IMPROVEMENTS TO THE CITY OF KANSAS CITY, MISSOURI FOR THE
BENEFIT OF THE HORIZONS INDUSTRIAL II PROJECT IN THE CITY
OF RIVERSIDE, MISSOURI
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, pursuant to that certain Lease Agreement between the City of Riverside,
Missouri ("City") and Horizons Industrial II, LLC ("Horizons") dated September 14, 2012 (the
"Lease"), the City currently leases to Horizons all of Lot 1, Riverside Horizons East First Plat, a
subdivision in 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 ("Lot 1"),
for the project described in the Lease as the Horizons Industrial II, LLC Project (the "Project");
and
WHEREAS, the IDA currently owns all of Lot 3, 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
("Lot 3") which abuts Lot 1; and
WHEREAS, the Project requires the granting of an easement to the City of Kansas City,
Missouri ("KCMO") over portions of Lot 1 and Lot 3 for the location, construction, reconstruction,
maintenance, operation, and repair of sewerage improvements and any and all appurtenances
incidental thereto to serve the Project (the "Easement"); and
WHEREAS, the City has, pursuant to Ordinance No.1317, a copy of which is presented
with this Resolution and is on file with the Secretary, approved the Easement, authorized the
execution and delivery of the Easement by the City as the owner of Lot 1, and directed the IDA
to execute and deliver the Easement as the owner of Lot 3.
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 the form attached hereto and
incorporated herein as Exhibit "A", to KCMO 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.
IDA Resolution 2014-007
Section 3. The Resolution shall be in full force and effect from and after its adoption.
ADOPTED THIS 28th DAY OF MAY, 2014.
This Resolution was adopted at the meeting of the Board of Directors of the IDA duly
called and held this date.
By:
Name:
Title:
(SEAL)
ATTEST:
Sarah Wagner, Secretary
IDA Resolution 2014-007
EXHIBIT A
EASEMENT AGREEMENT
Exhibit A
Sanitary Sewer Easement
All that part of Lot 3, RIVERSIDE HORIZONS EAST FIRST PLAT, a subdivision in the City of
Riverside, Platte County, Missouri, being more particularly described as follows:
Commencing at the Southwest comer of said Lot 3; thence coincident with the South line of said Lot 3,
South 89°35'34" East, 96.25 feet; thence continuing along said South line, along a tangent curve to the
right, said curve having a radius of 414.00 feet and a central angle of 04°57'00", for a distance of 35.77
feet to the Point of Beginning; thence departing said South line, North 07°45'32" East, 27.25 feet; thence
South 89°35'33" East, 182.35 feet; thence North 09°02'41" East, 163.17 feet; thence South 80°57'19" East,
2.50 feet; thence North 09°02'41" East, 84.46 feet; thence North 00°24'19" East, 213.08 feet; thence North
89°35'34" West, 329.97 feet; thence North 00°24'24" East, 20.00 feet to a point on the North line of said
Lot 3, RIVERSIDE HORIZONS EAST FIRST PLAT; thence coincident with said North line, South
89°35'34" East, 354.97 feet; thence departing said North line, South 00°24'19" West, 234.97 feet; thence
South 09°02'41" West, 86.35 feet; thence South 80°57'19" East, 2.50 feet; thence South 09°02'41" West,
162.23 feet to a point on the Southeasterly line of said Lot 3, RIVERSIDE HORIZONS EAST FIRST
PLAT; thence coincident with said Southeasterly line, South 21°54'55" West, 28.40 feet; thence departing
said Southeasterly line, North 89°35'33" West, 175.36 feet; thence South 07°45'32" West, 0.70 feet to a
point on the South line of said Lot 3, RIVERSIDE HORIZONS EAST FIRST PLAT; thence Westerly,
coincident with said South line, along a curve to the left, said curve having a radius of 414.00 feet, and a
chord bearing of North 82°33'59" West, 30.00 feet, for a distance of 30.01 feet to the Point of Beginning.
And also...
All that part of Lot 1, RIVERSIDE HORIZONS EAST FIRST PLAT, a subdivision in the City of
Riverside, Platte County, Missouri, being more particularly described as follows:
Commencing at the Southeast corner of said Lot 1; thence coincident with the South line of said Lot 1,
North 89°35'34" West, 385.95 feet to the Point of Beginning; thence continuing along the South line of
said Lot 1; North 89°35'34" West, 25.00 feet; thence departing said South line, North 00°24'24" East,
12.69 feet; thence South 89°35'34" East, 25.00 feet; thence South 00°24'24" West, 12.69 feet to the Point
of Beginning.
Sheet 1 of 3
Rendissdnce n f rastructure
C su t (K° C)
11490 Strang Line Road 1 Lenexa, Kansas 66215 1
(913) 317-9500 1 www.reninfrastructure.com
Exhibit A
Sanitary Sewer Easement
w S89 °35'34 "E
N o 354.97'
0
N d L
co N
329.97'
N8935'34"W
rN. LINE, LOT 3
0 50' 100'
Plat Bearings
W ^ n
rn ro a) .7-
-4-
v
N _o N CNI
O
co N v)
Z
25' SS/E
LOT 3 S80°57'19"E
2.50'
RIVERSIDE HORIZONS
(0
i
i
S89°35'33"E
182.35'
J
N07°45'32"E
27.25'
EAST FIRST PLAT
POINT OF BEGINNING
S89'35 '34 "E
96.25'
POINT OF
COMMENCEMENT
SW. CORNER, LOT 3
L=35.77'
R=414.00'
4=4°57'00"
L=30.01'
R=414.00'
CB=N82°33'59"W
CL=30.00'
S09°02'41 "W
86.35'
S80°57'19"E
2.50'
30' SS/E
175.36'
N89 °35'33"W
S07°45'32"W
0.70'
I
i N d
S21 °54'55"W
28.40'
SE. LINE, LOT 3
S. LINE, LOT 3
Sheet 2 of 3
Rendissdnce In
rdstructure
Consu1ti; (R° 1 ° C)
11490 Strang Line Road 1 Lenexa, Kansas 66215 1
(913) 317-9500 1 www.reninfrastructure.com
Exhibit A
Sanitary Sewer Easement
LOT 1
RIVERSIDE HORIZONS
EAST FIRST PLAT
S89°,35 '34 "E
N0024'24"E 25.00' 50024'24"W
12.69'—~i SSE I��12.69'
S. LINE, LOT 1 J
0 25' 50'
Plat Bearings
25.00'
N89 °35'34'W
POINT OF COMMENCEMENT
SE. CORNER, LOT 1
385.95'
N89 °35'34"W
POINT OF BEGINNING
Sheet 3 of 3
Rendissdnce in
rdstructure
nsulltir _; (RoIoC)
11490 Strang Line Road 1 Lenexa, Kansas 66215 1
(913) 317-9500 1 www.renintrastructure.com
Title of Document: SANITARY SEWER EASEMENT
Date of Document: May , 2014
Grantors: City of Riverside, Missouri; and
The Industrial Development Authority of the City of
Riverside, Missouri
Grantors' Address: 2950 N.W. Vivion Road
Riverside, Missouri, 64150
Grantee(s) Name and Address:
CITY OF KANSAS CITY, MISSOURI
ATTN: Director of City Planning & Development
414 East 12th Street
Kansas City, MO 64106
Legal Description/Address: See Exhibit A
Book and Page Reference: N/A
SANITARY SEWER EASEMENT
KNOW ALL MEN BY THESE PRESENTS:
That the CITY OF RIVERSIDE, MISSOURI, and THE INDUSTRIAL DEVELOPMENT
AUTHORITY OF THE CITY OF RIVERSIDE, MISSOURI, hereinafter collectively referred to as the
GRANTORS, for and in consideration of one dollar ($1.00) and other valuable consideration, the receipt of
which is hereby acknowledged, do hereby grant, remise, release and forever quitclaim unto the CITY OF
KANSAS CITY, MISSOURI, a Missouri municipality, hereinafter called GRANTEE (414 East 12th Street,
Kansas City, Missouri, 64106), an easement for the location, construction, reconstruction, maintenance,
operation and repair of sewerage improvements and any and all appurtenances incidental thereto in, under,
upon, over and through the following -described tracts of land lying, being and situate in the City of Riverside,
Platte County, Missouri, to -wit:
SEE ATTACHED EXHIBIT A
By the granting of this easement, it shall not be construed to prohibit GRANTORS from developing
any adjoining property or from the laying out, establishing and constructing pavement, surfacing of
roadways, curbing and gutters along, upon, over or across said easement or any portion thereof; provided,
however, said easement shall be kept free from additional depth of overburden, buildings, and any other
structure or obstruction (except sidewalks, roadways pavement, grass, shrubs, fences, or curbs), which will
interfere with GRANTEE in entering upon said adjacent land and easement for the purpose of laying,
constructing, reconstructing, operating, repairing and maintaining such sewerage improvements and
appurtenances.
GRANTORS further state that they are lawfully seized of any indefeasible title in fee to the lands
through which said easement is granted, and that they have good and lawful title and right to convey said
easement to GRANTEE.
[The remainder of this page intentionally left blank.]
IN TESTIMONY WHEREOF, GRANTORS have hereunto set their hands and seals this
day of , 2014.
Attest:
Robin Littrell, City Clerk
Attest:
Sarah Wagner, Secretary
2
GRANTORS:
City of Riverside, Missouri
By:
Name: Kathleen L. Rose
Title: Mayor
The Industrial Development Authority of the
City of Riverside, Missouri
By:
Name:
Title:
ACKNOWLEDGEMENT
STATE OF MISSOURI )
) ss.
COUNTY OF PLATTE )
On this day of 2014, before me, the undersigned, a Notary Public in and for the County
and State aforesaid, personally appeared Kathleen L. Rose, the Mayor of the City of Riverside, Missouri,
a fourth class city duly organized and existing under the laws of the state of Missouri, known to me to be
the person who executed the within instrument on behalf of said city and acknowledged to me that she
executed the same for the purposes therein stated.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year last
above written.
Notary Public
Printed Name
My Commission Expires:
ACKNOWLEDGEMENT
STATE OF MISSOURI )
) ss.
COUNTY OF PLATTE )
On this day of 2014, before me, the undersigned, a Notary Public in and for the County
and State aforesaid, personally appeared , the of The Industrial
Development Authority of the City of Riverside, Missouri, known to me to be the person who executed
the within instrument on behalf of The Industrial Development Authority of the City of Riverside,
Missouri and acknowledged to me that he/she executed the same for the purposes therein stated.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year last
above written.
My Commission Expires:
Notary Public
Printed Name
3
IDA Resolution 2014-008
IDA
RESOLUTION NO. 2014-008
A RESOLUTION AUTHORIZING THE GRANTING OF A TEMPORARY
ACCESS EASEMENT TO CHALLENGE RIVERSIDE, LLC DURING THE
PERIOD OF CONSTRUCTION OF THE CHALLENGE PROJECT IN THE
CITY OF RIVERSIDE, MISSOURI
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 City of Riverside, Missouri ("City") and Challenge Riverside, LLC
("Challenge") are finalizing the terms of a purchase by Challenge and sale by the City of
approximately 40 acres of land located at 3900 N.W. Helena Road, Riverside Missouri (the
"Property") scheduled to close on May 30, 2014, for Challenge's proposed development of an
automotive manufacturing facility (the "Project"); and
WHEREAS, the Property currently lacks appropriate access necessary for construction
of the Project; and
WHEREAS, the IDA currently owns real property abutting the Property ("IDA Land"); and
WHEREAS, the Project requires the granting of a temporary access easement to
Challenge over the IDA Land during the period of construction for required ingress and egress
to and from the Property (the "Easement"); and
WHEREAS, if the closing between the City and Challenge on the Property is completed,
the IDA desires to grant the Easement to Challenge.
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 Challenge, is hereby approved, conditioned
upon the closing between the City and Challenge on the Property being completed, 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.
Section 3. The Resolution shall be in full force and effect from and after its adoption.
ADOPTED THIS 28th DAY OF MAY, 2014.
IDA Resolution 2014-008
This Resolution was adopted at the meeting of the Board of Directors of the IDA duly
called and held this date.
By:
Name:
Title:
(SEAL)
ATTEST:
Sarah Wagner, Secretary
IDA Resolution 2014-008
EXHIBIT A
EASEMENT AGREEMENT