HomeMy WebLinkAbout2013-05-23 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 6:15 p.m. on Thursday, May 23, 2013, 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 13, 2013
4. NEW BUSINESS
A. RESOLUTION 2013-009: A RESOLUTION AUTHORIZING THE SALE AND TRANSFER
OF CERTAIN PROPERTY TO NORTHPOINT DEVELOPMENT, LLC; DIRECTING UMB
BANK, AS TRUSTEE, TO RELEASE SUCH PROPERTY FROM THE DEED OF TRUST;
AND AUTHORIZING OTHER ACTIONS IN CONNECTION THEREWITH (HORIZONS
OFFICE ONE).
B. RESOLUTION 2013-010: A RESOLUTION APPROVING AND AUTHORIZING AN
ALLOCATION OF LEVEE DISTRICT ASSESSMENTS AGREEMENT TOGETHER WITH
THE EXECUTION AND DELIVERY OF DOCUMENTS AND ACTIONS RELATING
THERETO (RIVERSIDE HORIZONS EAST FIRST PLAT).
5. ADJOURNMENT
Posted by: Sarah Wagner
Date: May 22, 2013
Time: 12:00 p.m.
MINUTES
REGULAR MEETING
THE INDUSTRIAL DEVELOPMENT AUTHORITY
OF THE CITY OF RIVERSIDE, MISSOURI
Thursday, May 13, 2013
6:15 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 6:15 p.m. Answering roll call were Leland Finley, Harold
Snoderley, Pam Darata, and Cy Houston. Bernie Bruns was absent. Also present were Planner Jackie Carlson,
Community Development Assistant Sarah Wagner, SFBB Attorney Michael McKinley and North Point
Representative Brent Miles.
Approval of Minutes from Pam Darata moved to approve the minutes of April 9, 2013 as corrected.
April 9, 2013
Resolution 2013-006: A
Resolution Approving and
Authorizing an Allocation of
Levee District Assessments
Agreement Together with the
Execution and Delivery of
Documents and Actions
Relating Thereto (Riverside
Horizons West First Plat
Resolution 2013-007: A
Resolution Approving and
Authorizing an Allocation of
Levee District Assessments
Agreement Together with the
Execution and Delivery of
Documents and Actions
Relating Thereto (Riverside
Horizons West First Plat)
Resolution 2013-008: A
Resolution Approving and
Authorizing Execution of the
Final Plat of Horizons Office
One
Adjournment
Harold Snoderley seconded and the motion passed 4-0.
President Leland Finley read Resolution 2013-006: A resolution
approving and authorizing an allocation of Levee District assessments
agreements together with the execution and delivery of documents and
actions relating thereto (Riverside Horizons West First Plat). McKinley
explained that this was a redo of the assessments that was previously
approved for Lot 27 and will actually lower the assessment.
Cy Houston moved to approve Resolution 2013-006.
Harold Snoderley seconded and the motion passed 4-0.
Leland Finley read Resolution 2013-007: A resolution approving and
authorizing an allocation of Levee District assessments agreements
together with the execution and delivery of documents and actions
relating thereto (Riverside Horizons West First Plat). McKinley gave an
overview of the assessments.
Pam Darata moved to approve Resolution 2013-007.
Harold Snoderley seconded and the motion passed 4-0.
Leland Finley read Resolution 2013-008: A resolution approving and
authorizing execution of the Final Plat of Horizons Office One. Brent
Miles with North Point Development gave an overview of this project.
Cy Houston moved to approve Resolution 2013-008.
Pam Darata seconded and the motion passed 4-0.
Pam Darata moved to adjourn.
Harold Snoderley seconded and the meeting was adjourned at 6:30 pm.
IDA Resolution 2013-009
IDA
RESOLUTION NO. 2013-009
A RESOLUTION AUTHORIZING THE SALE AND TRANSFER OF
CERTAIN PROPERTY TO NORTHPOINT DEVELOPMENT, LLC;
DIRECTING UMB BANK, AS TRUSTEE, TO RELEASE SUCH
PROPERTY FROM THE DEED OF TRUST; AND AUTHORIZING OTHER
ACTIONS IN CONNECTION THEREWITH (HORIZONS OFFICE ONE).
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
adopt this Resolution and direct 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 IDA, upon direction of the City,
transfer and sell the Mortgaged Property (as defined in the Financing Agreement), in whole or in
part, in one or more transactions; and
WHEREAS, the City has, pursuant to Ordinance , a copy of which is
presented with this Resolution and is on file with the Secretary, directed the IDA to convey its
interest in that certain portion of the Mortgaged Property comprising 96,477 +/- square feet, the
legal description of such portion being:
All of HORIZONS OFFICE ONE, A REPLAT OF LOT 17, RIVERSIDE
HORIZONS EAST FIRST PLAT, A SUBDIVISION IN THE CITY OF RIVERSIDE,
PLATTE COUNTY, MISSOURI, subject to all easements and restrictions of
record, (the "Property")
to the City upon compliance with the terms and conditions of the Financing Agreement;
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 Property to the City
at the price of $48,238.50 is hereby approved. There are 96,477 +/- square feet within the
Property.
Section 2. The Special Warranty Deed conveying all right, title and interest of the IDA
to the City at the price of $48,238.50 in the Property is hereby approved in substantially the form
attached as Exhibit "A" 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, such document with such changes therein as shall be approved by the official of the
IDA Resolution 2013-009
IDA executing such document, such official's signature thereon being conclusive evidence of his
approval and the IDA's approval thereof.
Section 3. The proceeds from the sale of the Property shall be disbursed as provided in
the Financing Agreement. The IDA hereby requests and directs that UMB Bank, as Trustee,
upon receipt of $.50 per square foot ($48,238.50) to cause the release of the Property from the
deed of trust lien on the Mortgage Property created as security for the Series 2007 Bonds.
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 DAY OF , 2013.
This Resolution was adopted at the meeting of the Board of Directors of the IDA duly
called and held this date.
Leland Finley, President
(SEAL)
ATTEST:
Secretary
IDA Resolution 2013-009
EXHIBIT A
FORM OF CONVEYANCE
SPECIAL WARRANTY DEED
THIS INDENTURE is made as of June _xxx_, 2013 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, as grantor ("GRANTOR"), with a
mailing address 2950 NW Vivion Road, Riverside, Missouri 64150, the CITY OF RIVERSIDE,
MISSOURI, a fourth class city organized and existing under the laws of the State of Missouri, as
grantee ("GRANTEE"), with a mailing address 2950 NW Vivion Road, Riverside, Missouri
64150.
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 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 HORIZONS OFFICE ONE, A REPLAT OF LOT 17, RIVERSIDE
HORIZONS EAST FIRST PLAT, a subdivision in the City of Riverside, Platte
County, Missouri, according to the recorded plat thereof, recorded
as Document No. , in Plat Book at Page _.
EXCEPT AND FURTHER SUBJECT TO:
a. The subject property is conveyed subject to that certain Declaration of
covenants, restrictions, easements, charges, assessments and liens for
Horizons Business Park/Planned Development District, dated February 13,
2012 and recorded in the Office of the Recorder of Deeds of Platte County,
under Document No. 2012003468, as may be heretofore and hereafter
amended in accordance therewith, all of the provisions of which are
specifically incorporated herein by reference thereto (herein the
"Declaration"), and all of which GRANTEE accepts as covenants running with
the land and binding at law as well as equity upon GRANTEE and its
successors in title to the subject property, and the obligations of which
GRANTEE, for itself and its successor in title, agrees to observe and perform.
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 (except as referenced above) done or
suffered by it; 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.
IDA Resolution 2013-009
IN WITNESS WHEREOF, Grantor has caused these presents to be signed as of the day
and year first above written.
THE INDUSTRIAL DEVELOPMENT AUTHORITY
OF THE CITY OF RIVERSIDE, MISSOURI
By:
Leland Finley, President
ATTEST:
By:
Sarah Wagner, Secretary
ACKNOWLEDGEMENT
STATE OF MISSOURI
SS
COUNTY OF PLATTE
ON THIS day of xxx , 2013, before me, the undersigned,
a Notary Public in and for said County and state, personally appeared Leland Finley, to me
personally known, who being by me duly sworn, did say that he is the President of The
Industrial Development Authority of the City of Riverside, Missouri, a 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:
Title of Document: PARTIAL RELEASE
Date of Document: , 2013
Grantor: UMB BANK, N.A.
1010 Grand Blvd., 4th Floor
Kansas City, Missouri, 64106
Grantee:
THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF
RIVERSIDE, MISSOURI
2950 NW Vivion
Riverside, Missouri 64150
and
THE CITY OF RIVERSIDE, MISSOURI
2950 NW Vivion Road
Riverside, Missouri 64150
Location: All of Horizons Office One, a Replat of Lot 17 Riverside Horizons East First
Plat, a subdivision in the City of Riverside, Platte County, Missouri
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 , 2013 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, whose address is 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, Riverside, Missouri 64150, ("Mortgagor") and the.
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 Corporation Agreement dated May 1, 2007 between The
Industrial Development Authority of the City of Riverside, Missouri and UMB,
N.A.; recorded May 9, 2007 in Book 1103 a Page 315 in the office of the
Recorder of Deeds, Platte County, Missouri ("Financing Agreement").
(ii) A Deed of Trust and Security Agreement, granting a deed of trust lien on the
Property described therein, ("Mortgaged Property") to secure the payment of
the Series 2007 Bonds, and any other amounts or obligations secured thereby,
dated May 1, 2007, and recorded May 9, 2007 in Book 1103 at Page 316 in the
office of the Recorder of Deeds, Platte County, Missouri ("Mortgage").
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 96,477 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.
E. Mortgagee has been paid the sales price of $.50 per square feet for the
Released Property.
2
F. Pursuant to Section 6.5 of the Financing Agreement, it is necessary that the
Mortgagee release its lien with respect to the Released Property.
AGREEMENT
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:
1. Mortgagee does hereby release its lien on the Released Property, the legal
description of which is described on Exhibit A. This is a partial release of only the Released
Property and shall not affect the remaining Mortgaged Property or the indebtedness thereof on
the Mortgage or Financing Agreement.
2. Notwithstanding the release of the lien on the Released Property, the Mortgage,
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 indemnities and other obligations under the Mortgage 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 Mortgage 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 portions(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 2013, 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 Horizons Office One, a Replat of Lot 17 Riverside Horizons East First Plat, a
subdivision in the City of Riverside, Platte County, Missouri
5
IDA RESOLUTION NO. 2013-010
IDA
RESOLUTION NO. 2013-010
A RESOLUTION APPROVING AND AUTHORIZING AN ALLOCATION OF LEVEE
DISTRICT ASSESSMENTS AGREEMENT TOGETHER WITH THE EXECUTION AND
DELIVERY OF DOCUMENTS AND ACTIONS RELATING THERETO (RIVERSIDE
HORIZONS EAST FIRST PLAT)
WHEREAS, the Industrial Development Authority of the City of Riverside, Missouri
("Authority") owns certain property ("Property") in the Horizons development area that was
originally assessed by the Riverside-Quindaro Bend Levee District ("Levee District") as set
forth in Exhibit "A"; and
WHEREAS, the Property has been subdivided into two or more smaller parcels and it
is necessary to allocate the benefits afforded by the by the Levee District and assessments
among the various smaller parcels and the Board of Directors finds it to be in the best interest
of the Authority to allocate the benefits as set forth in Exhibit "A" attached hereto;
NOW THEREFORE, BE IT RESOLVED BY THE INDUSTRIAL DEVELOPMENT
AUTHORITY OF THE CITY OF RIVERSIDE, MISSOURI, AS FOLLOWS:
THAT the President is hereby authorized to execute and deliver the Agreement
Allocating Benefits for Levee District Assessments Relating to The Riverside Quindaro Bend
Levee District of Platte County, Missouri by and between the Industrial Development Authority
of the City of Riverside, Missouri and West Land in substantially the same form as attached
hereto as Exhibit "A", with such changes as are approved by the officer executing such
document, such execution being conclusive proof of such approval, the Assistant Secretary is
authorized to attest thereto;
FURTHER THAT the President and Assistant Secretary are hereby authorized to
execute such additional documents and take such actions as are necessary or desirable to
effectuate the intent of this Resolution;
PASSED AND ADOPTED by the Industrial Development Authority and APPROVED
by the President of the Industrial Development Authority of the City of Riverside, Missouri, the
day of , 2013.
Leland Finley, President
ATTEST:
Sarah Wagner, Assistant Secretary
Title of Document:
Agreement Allocating Benefits for Levee District Tax Assessments
Relating to the Riverside Quindaro Bend Levee District of Platte County,
Missouri.
Date of Document: , 2013
Grantor: The Industrial Development Authority of
the City of Riverside, Missouri
Address: 2950 NW Vivion Road
Riverside, MO 64150
Grantor:
Address:
The Industrial Development Authority of
the City of Riverside, Missouri
2950 NW Vivion Road
Riverside, MO 64150
Legal Description: See Page 1
RETURN RECORDED DOCUMENT TO CITY OF RIVERSIDE
City of Riverside
Attn: Sarah Wagner
2950 NW Vivion Road
Riverside, MO 64150
(816)741-3993
1
AGREEMENT ALLOCATING BENEFITS FOR LEVEE DISTRICT TAX
ASSESSMENTS RELATING TO
THE RIVERSIDE QUINDARO BEND LEVEE DISTRICT
OF PLATTE COUNTY, MISSOURI
This Agreement is made as of , 2013 between THE INDUSTRIAL
DEVELOPMENT AUTHORITY OF THE CITY OF RIVERSIDE, MISSOURI, a
Missouri corporation ("IDA"), having an address of 2950 NW Vivion Road, Riverside, MO
64150 and HORIZONS WEST LAND, LLC, a Missouri limited liability company ("West
Land"), having an address of 6300 NW Revere — Suite 225, Kansas City, MO 64151.
Whereas, In The Matter of Riverside-Quindaro Bend Levee District Platte County,
Missouri, Case No. 99 CC 00930, in the Circuit Court of Platte County, Missouri, Sixth Judicial
District (the "Court"), benefits in the amount of $2,838,277 ("Benefits") were assessed against
the property generally known in the Riverside-Quindaro Bend Levee District of Platte County,
Missouri ("Levee District") as Tax Parcel No. 23-3.0-08-000-000-017-000 legally described as
Lot 17, Riverside Horizons East First Plat, a subdivision in the City of Riverside, Platte County,
Missouri ("Original Tract") which equals a percentage of the Levee District annual benefit
assessments allocated to the Original Tract of 3.7817%; and
Whereas, the Original Tract has been subdivided or split into two or more parcels in
accordance with the Horizons Office One Plat, A Replat of Lot 17, Riverside Horizons East First
Plat, a subdivision in the City of Riverside, Platte County, Missouri ("New Tracts"); and
Whereas Levee District assesses annual debt service, maintenance and other taxes based
upon the benefits assessed by the Court against each tract of land; and
Whereas, the Levee District assesses annual debt service, maintenance and other taxes
based upon the benefits assessed by the Court against each tract of land; and
Whereas the parties desire to amend the allocation of Benefits and assessments of annual
debt service, maintenance and other taxes based upon the benefits assessed by the Court against
each tract of land as set forth in this Agreement;
NOW THEREFORE, in consideration of the mutual covenants and premises contained
in this Agreement, and other good and valuable consideration acknowledged by the parties, the
parties agree as follows:
1. Legal Description of Original Tracts. The parties represent and warrant that the
legal description for the Original Tracts is as follows:
Lot 17, Riverside Horizons East First Plat, a subdivision in the City of Riverside, Platte
County, Missouri.
2. Legal Description of New Tracts. The Original Tract were divided by the IDA
into the New Tracts in accordance with the final plat of Horizons Office One, all are legally
described in Exhibit "A" attached hereto and incorporated herein by reference.
3. Allocation of Benefits.
2
3.1 New Tracts. The parties hereby irrevocably agree that the Benefits shall be
allocated from the Original Tracts and the Right of Way Tracts between the New Tracts as
follows:
New Lot #1: $245,696 (8.66% of the Original Tract resulting in a total % of the Levee
District annual benefit assessments of 0.3274% allocated to New Lot 17-1).
New Lot #2: $2,592,581 (91.34% of the Original Tract resulting in a total % of the
Levee District annual benefit assessments of 3.4543% allocated to New Lot 17-2).
4. Running with the Land. The provisions of this Agreement shall be perpetual
covenants running with the land and shall inure to the benefit of the Levee District, the parties
and their respective successors and assigns, and be binding upon the parties and their respective
successors, assigns, and grantees, including but without limitation, all subsequent owners of any
parcel or property affected hereby and all persons claiming under or through them.
5. Representations and Warranties. Each of the parties to this Agreement hereby
represents and warrants to the other that each person executing this document has the full power
and authority to execute this document on behalf of the respective IDA and West Land and has
the power and authority to legally bind the respective IDA and West Land as set forth herein.
6. Recording. Each of the parties to this Agreement consent to the filing of this
Agreement in the Office of the Platte County Recorder of Deeds and that a copy of such
recorded document shall be provided to the Levee District by IDA.
7. Reliance and Third Party Beneficiary. The Levee District shall be entitled to
rely upon this Agreement in preparing its Tax Book and all other records for the current year and
every year thereafter. The parties agree that the Levee District is an intended third party
beneficiary of this Agreement and may irrevocably rely upon the terms and provisions of this
Agreement.
8. Amendments. This Agreement may not be revoked, amended or modified except
in a writing executed by the parties. Such amendment must be recorded of record and a fully
executed and recorded copy of each and every amendment must be provided to the Levee
District as required for this Agreement under Section 6 above. No amendment shall be effective
as to the Levee District unless and until a fully executed and recorded copy of such amendment
is provided to the Levee District. To be effective for any tax year, such fully executed and
recorded amendment must be actually received by the Levee District no later than August 15 of
such tax year.
IN WITNESS WHEREOF, this Agreement has been executed by the duly authorized
representatives of the parties as of the date first above written.
THE INDUSTRIAL DEVELOPMENT
AUTHORITY OF THE CITY OF
RIVERSIDE, MISSOURI
RIVERSIDE HORIZONS, LLC, a
Missouri limited liability company
By: By:
3
Name: Leland Finley Name: Nathaniel Hagedorn
Title: President Title: Manager
STATE OF MISSOURI )
) ss.
COUNTY OF PLATTE )
On this day of , 2013, before me appeared Nathaniel
Hagedorn to me personally known, who, being by me duly sworn, did say that he is the
Manager of NorthPoint Holdings, LLC, a Missouri limited liability company, and that said
instrument was signed on behalf of said company, by authority of its members; and he
acknowledged said instrument to be the free act and deed of said company.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the
County and State aforesaid, the day and year first above written.
Notary Public
My Commission Expires:
STATE OF MISSOURI
) ss.
COUNTY OF PLATTE )
On this day of , 2013, before me appeared Leland Finley to me
personally known, who, being by me duly sworn, did say that he is the President of The
Industrial Development Authority of the City of Riverside, Missouri a corporation
incorporated in the State of Missouri, and that said instrument was signed on behalf of said
corporation by authority of its Board of Directors; and that he acknowledged said instrument to
be the free act and deed of said corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the
County and State aforesaid, the day and year first above written.
My Commission Expires:
5
Notary Public
EXHIBIT "A"
LEGAL DESCRIPTION OF NEW BENEFIT ASSESSMENT TRACTS
NEW TRACTS
LOT1
Lot 1 of Horizons Office One, a Replat of Lot 17, Riverside Horizons East First Plat, a
subdivision of land in the City of Riverside, Platte County, Missouri.
LOT2
Lot 2 of Horizons Office One, a Replat of Lot 17, Riverside Horizons East First Plat, a
subdivision of land in the City of Riverside, Platte County, Missouri.
6