HomeMy WebLinkAbout2013-05-09 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 9, 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: April 9, 2013
4. NEW BUSINESS
A. RESOLUTION 2013-006: A RESOLUTION APPROVING AND AUTHORIZING AN
ALLOCATION OF LEVEE DISTRICT ASSESSMENTS AGREEMENT TOGETHER WITH
THE EXECUTION AND DELIVERY OF DOCUMETS AND ACTIONS RELATING
THERETO (RIVERSIDE HORIZONS WEST FIRST PALT)
B. RESOLUTION 2013-007: A RESOLUTION APPROVING AND AUTHORIZING AN
ALLOCATION OF LEVEE DISTRICT ASSESSMENTS AGREEMENT TOGETHER WITH
THE EXECUTION AND DELIVERY OF DOCUMETS AND ACTIONS RELATING
THERETO (RIVERSIDE HORIZONS WEST FIRST PALT)
C. RESOLUTION 2013-008: A RESOLUTION APPROVING AND AUTHORIZING
EXECUTION OF THE FINAL PLAT OF HORIZONS OFFICE ONE
5. ADJOURNMENT
Posted by: Sarah Wagner
Date: May 8, 2013
Time: 3:00 p.m.
MINUTES
REGULAR MEETING
THE INDUSTRIAL DEVELOPMENT AUTHORITY
OF THE CITY OF RIVERSIDE, MISSOURI
Tuesday, April 9, 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, Bernie
Bruns, Harold Snoderley, Pam Darata, and Cy Houston. Also present were City Administrator Greg Mills,
Community Development Director Mike Duffy, Finance Director Donna Resz, Planner Jackie Carlson,
Community Development Assistant Sarah Wagner, SFBB Attorney Michael McKinley and North Point
Representative Brent Miles.
Approval of Minutes from Pain Darata moved to approve the minutes of March 12, 2013.
March 12, 2013
Resolution 2013-004: A
Resolution Approving and
Authorizing Execution of the
Final Plat of Riverside
Horizons West First Plat
Resolution 2013-005: 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)
General Discussion:
Adjournment
Bernie Bruns seconded and the notion passed 5-0.
Mike Duffy introduce Michael McKinley with SFBB and explained that
he would be legal counsel for the IDA. President Leland Finley read
Resolution 2013-003: A resolution approving and authorizing the
execution of the final plat of Riverside Horizons West First Plat. Duffy
gave an overview of the plat.
Harold Snoderley moved to approve Resolution 2013-004.
Pam Darata seconded and the motion passed 5-0.
Leland Finley read Resolution 2013-005: 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). Duffy gave an
overview of the assessments.
Dam Darata moved to approve Resolution 2013-004.
Cy Houston seconded and the motion passed 5-0.
Brent Miles gave an overview of project Trim and other development in
Horizons.
Cy Houston moved to adjourn.
Bernie Bruns seconded and the meeting was adjourned at 6:36 pm.
IDA RESOLUTION NO. 2013-006
IDA
RESOLUTION NO. 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)
WHEREAS, the Industrial Development Authority of the City of Riverside, Missouri
("Authority") and Horizons West Land, LLC ("West Land") each own certain property ("Property") in
the Horizons development area that was originally assessed by the Riverside-Quindaro Bend Levee
District ("Levee District") as Tract 27; and
WHEREAS, the Property has been subdivided into two or more smaller parcels, and the
benefits afforded by the by the Levee District and assessments were allocated among the various
smaller parcels by the Board of Directors in accordance with Resolution No. 2012-025 as set forth in
Exhibit "A" attached hereto;
WHEREAS, upon consultation with the District, it is necessary to amend the allocation the
benefits 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 "B" 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 "B" 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
Grantee: Horizons West Land, LLC
Address: 6300 NW Revere, Suite 225
Kansas City, Missouri 64151
Legal Description: See Exhibit A
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 , 2012 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
("NorthPoint"), 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 $2,003,519 ("Benefits") were assessed against
the property generally known in the Riverside-Quindaro Bend Levee District of Platte County,
Missouri ("Levee District") as Tract 27, Tax Parcel No. 23-3.0-07-000-000-012-000 ("Original
Tract"), which equaled a percentage of the Levee District annual benefit assessments allocated to
the Original Tract of 2.6695%; and
Whereas, the Original Tract has been subdivided or split into two or more parcels ("New
Tracts"); 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 that the Benefits of the Original Tract be allocated between
the New Tracts as set forth in this Agreement; and
Whereas, the IDA and the City of Riverside entered into an Agreement Allocating
Benefits for Levee District Tax Assessments Relating to the Riverside Quindaro Bend Levee
District of Platte County, Missouri dated , 2012 allocating the Benefits of the
Original Tracts and Right of Way Tracts between the New Tracts; and
Whereas, on or about , 2012 the IDA sold the New Tract # 27-2 as
described in Exhibit B, to West Land; and
Whereas after consulting with the Levee District, 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 Tract. The parties represent and warrant that the
legal description for the Original Tract is as follows:
2
See Exhibit "A" attached.
2. Legal Description of New Tracts. The Original Tract was divided by IDA and
NorthPoint into two separate tracts (the "New Tracts"), legally described in Exhibit "B" attached
hereto and incorporated herein by reference.
3. Allocation of Benefits. The parties hereby irrevocably agree that the Benefits
shall be allocated from the Original Tract between the New Tracts as follows:
New Tract #27-1: $1,473,801 (73.56% of Original Tract 27 resulting in a total % of the
Levee District annual benefit assessments of 1.9637% allocated to New Tract #27-1)
New Tract # 27-2: $529,718 (26.44% of Original Tract 27 resulting in a total % of the
Levee District annual benefit assessment of 0.7058% allocated to New Tract#27-2)
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 NorthPoint and has
the power and authority to legally bind the respective IDA and NorthPoint 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.
3
THE INDUSTRIAL DEVELOPMENT
AUTHORITY OF THE CITY OF
RIVERSIDE, MISSOURI
HORIZONS WEST LAND, LLC, a
Missouri limited Liability company
By:
NORTHPOINT DEVELOPMENT, LLC,
a Missouri limited liability company
By:
NORTHPOINT HOLDINGS, LLC, a
Missouri limited liability company
By: By:
Name: Leland Finley Name: Nathaniel Hagedorn
Title: President Title: President
4
STATE OF MISSOURI
) ss.
COUNTY OF PLATTE
On this day of , 2012, before me appeared Nathaniel
Hagedorn to me personally known, who, being by me duly sworn, did say that he is the
President of Northpoint Development, 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 , 2012, 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 ORIGINAL BENEFIT ASSESSMENT TRACT
Original Assessment Tract #27:
LOCATION: NE1/4 OF THE NW 1/4 FRACTIONAL SECTION 7, T50N, R33W,
PARCEL Oft: 23-3.0-0700-000-012-000
All that part of the Northeast Quarter of the Northwest Quarter and all that part of the Northwest
Quarter of the Northwest Quarter of Section 7, Township 50, Range 33, in the City of Riverside,
Platte County, Missouri, being described as follows: Beginning at the Northeast corner of the
Northwest Quarter of said Section 7; thence South 0 degrees 20 minutes 45 seconds West, along the
East line of said Northwest Quarter, 1316.20 feet to the Southeast corner of said Northeast Quarter;
thence North 89 degrees 23 minutes 03 seconds West, along the South line of the Northeast
Quarter of said Northwest Quarter, 1249.93 feet to the East line of the Levee right-of-way line as
recorded in Book 957 at Page 142 in the Recorder of Deeds in Platte County, Missouri; thence North
0 degrees 38 minutes 46 seconds East, along said East line, 29.73 feet; thence North 89 degrees 24
minutes 45 seconds West along said East line, 93.17 feet; thence North 70 degrees 58 minutes 37
seconds West, along said East line, 79.82 feet; thence North 0 degrees 38 minutes 44 seconds East,
along said East line, 714.73 feet; thence North 02 degrees 14 minutes 31 seconds East, along said
East line 307.73 feet; thence North 0 degrees 51 minutes 31 seconds East, along said East line,
238.68 feet to a point on the North line of said Northwest Quarter; thence South 89 degrees 23
minutes 45 seconds East, along said North line, 1402.50 feet to the Point of Beginning. Containing
42.55 acres, more or less.
6
EXHIBIT "B"
LEGAL DESCRIPTION OF NEW BENEFIT ASSESSMENT TRACTS
New Assessment Tract #27-1 (+/- 1,363,297 sq. ft.):
Part of the Northwest Quarter of Fractional Section 7, Township 50 North, Range 33 West, in the
City of Riverside, Platte County, Missouri, described as follows:
All that part of the Northeast Quarter of the Northwest Quarter and all that part of the Northwest
Quarter of the Northwest Quarter of Section 7, Township 50, Range 33, in the City of Riverside,
Platte County, Missouri, being described as follows: Beginning at the Northeast corner of the
Northwest Quarter of said Section 7; thence South 0 degrees 20 minutes 45 seconds West, along the
East line of said Northwest Quarter, 1316.20 feet to the Southeast corner of said Northeast Quarter;
thence North 89 degrees 23 minutes 03 seconds West , along the South line of the Northeast
Quarter of said Northwest Quarter, 1249.93 feet to the East line of the Levee right-of-way line as
recorded in Book 957 at Page 142 in the Recorder of Deeds in Platte County, Missouri; thence North
0 degrees 38 minutes 46 seconds East, along said East line, 29.73 feet; thence North 89 degrees 24
minutes 45 seconds West along said East line, 93.17 feet; thence North 70 degrees 58 minutes 37
seconds West, along said East line, 79.82 feet; thence North 0 degrees 38 minutes 44 seconds East,
along said East line, 714.73 feet; thence North 02 degrees 14 minutes 31 seconds East, along said
East line 307.73 feet; thence North 0 degrees 51 minutes 31 seconds East, along said East line,
238.68 feet to a point on the North line of said Northwest Quarter; thence South 89 degrees 23
minutes 45 seconds East, along said North line, 1402.50 feet to the Point of Beginning EXCEPT the
north 490,000 square feet of said tract described more particularly as follows: Part of the
Northwest Quarter of Fractional Section 7, Township 50 North, Range 33 West, in the City of
Riverside, Platte County, Missouri, described as follows: Commencing at the Northeast corner of
said Northwest Quarter; thence South 00°20'45" West, coincident with the East line of said
Northwest Quarter, 25.00 feet to the Point of Beginning; thence continuing South 00°20'45" West,
coincident with said East line, 324.77 feet; thence departing said East line, North 89°23'44" West,
parallel with the North line of said Northwest Quarter, 1,408.32 feet to a point on the East line of
the Levee right-of-way line as recorded as Document No. 19451, in Book 957, Page 142, by the
Platte County Recorder of Deeds; thence North 02°14'31" West, coincident with said East right-of-
way line, 111.13 feet; thence North 00°51'31" East, continuing along said East right-of-way line,
238.68 feet to a point on the North line of said Northwest Quarter; thence South 89°23'44" East,
coincident with said North line, 1,352.50 feet to a point 50.00 feet West of the Northeast corner
thereof; thence departing said North line, South 00°20'45" West, parallel with the East line of said
Northwest Quarter, 25.00 feet; thence South 89°23'44" East, parallel with the North line of said
Northwest Quarter, 50.00 feet to the Point of Beginning.
New Assessment Tract #27-2 (+/- 490,000 sq. ft.):
Part of the Northwest Quarter of Fractional Section 7, Township 50 North, Range 33 West, in the
City of Riverside, Platte County, Missouri, described as follows:
Commencing at the Northeast corner of said Northwest Quarter; thence South 00°20'45" West,
coincident with the East line of said Northwest Quarter, 25.00 feet to the Point of Beginning; thence
continuing South 00°20'45" West, coincident with said East line, 324.77 feet; thence departing said
East line, North 89°23'44" West, parallel with the North line of said Northwest Quarter, 1,408.32
feet to a point on the East line of the Levee right-of-way line as recorded as Document No. 19451, in
Book 957, Page 142, by the Platte County Recorder of Deeds; thence North 02°14'31" West,
coincident with said East right-of-way line, 111.13 feet; thence North 00°51'31" East, continuing
7
along said East right-of-way line, 238.68 feet to a point on the North line of said Northwest Quarter;
thence South 89°23'44" East, coincident with said North line, 1,352.50 feet to a point 50.00 feet
West of the Northeast corner thereof; thence departing said North line, South 00°20'45" West,
parallel with the East line of said Northwest Quarter, 25.00 feet; thence South 89°23'44" East,
parallel with the North line of said Northwest Quarter, 50.00 feet to the Point of Beginning.
8
IDA RESOLUTION NO. 2013-007
IDA
RESOLUTION NO. 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)
WHEREAS, the Industrial Development Authority of the City of Riverside, Missouri
("Authority") and Horizons West Land, LLC ("West Land") each own certain property
("Property") in the Horizons development area that was originally assessed by the Riverside-
Quindaro Bend Levee District ("Levee District"); and
WHEREAS, the Property has been subdivided into two or more smaller parcels, and
the benefits afforded by the by the Levee District and assessments were allocated among the
various smaller parcels by the Board of Directors in accordance with Resolution No. 2013-005
as set forth in Exhibit "A" attached hereto;
WHEREAS, upon consultation with the District, it is necessary to amend the allocation
the benefits 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 "B" 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 "B" 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:
IDA RESOLUTION NO. 2013-007
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
IDA: The Industrial Development Authority of
the City of Riverside, Missouri
Address: 2950 NW Vivion Road
Riverside, MO 64150
Grantee: Horizons West Land, LLC
Address: 6300 NW Revere, Suite 225
Kansas City, Missouri 64151
Legal Description: See Exhibit A
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 $5,157,528 ("Benefits") were assessed against
the property generally known in the Riverside-Quindaro Bend Levee District of Platte County,
Missouri ("Levee District") as Tax Parcel Nos. 23-3.0-06-000-000-094-000, 23-3.0-06-000-000-
102-000 and 23-3.0-07-000-000-012-000, legally described in Exhibit A ("Original Tracts"); 23-
3.0-07-000-000-018-000, 23-3.0-06-000-000-107-000, 23-3.0-07-000-000-011-000 and that
portion of Tax Parcel No. 23-3.0-07-000-000-010-000 legally described in Exhibit A ("Right of
Way Tracts"); and the remaining portion of Tax Parcel No. 23-3.0-07-000-000-010-000 legally
described in Exhibit A ("Remainder Tract"), which together equaled a percentage of the Levee
District annual benefit assessments allocated to the Original Tracts, Right of Way Tracts and
Remainder Tract of 6.7024%; and
Whereas, the Original Tracts and Right of Way Tracts have been subdivided or split into
two or more parcels in accordance with the Riverside Horizons West First Plat ("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 IDA and West Land entered into an Agreement Allocating Benefits for
Levee District Tax Assessments Relating to the Riverside Quindaro Bend Levee District of
Platte County, Missouri dated , 2013 allocating the Benefits of the Original Tracts
and Right of Way Tracts between the New Tracts; and
Whereas after consulting with the Levee District, 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:
2
1. Legal Description of Original Tracts. The parties represent and warrant that the
legal description for the Original Tracts is as follows:
See Exhibit "A", attached.
2. Legal Description of New Tracts. The Original Tracts and the Right of Way
Tracts were divided by the IDA and West Land into the New Tracts in accordance with the
Riverside Horizons West First Plat, and the Remainder Tract was not included in such plat, all
are legally described in Exhibit "B" attached hereto and incorporated herein by reference.
3. Allocation of Benefits.
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: $397,546 (11.71% of the Original Tracts resulting in a total % of the Levee
District annual benefit assessments of 0.5297% allocated to New Lot 1).
New Lot #2: $359,633 (10.59% of the Original Tracts resulting in a total % of the Levee
District annual benefit assessment of 0.4792% allocated to New Lot 2).
New Lot #3: $1,181,267 (34.78% of the Original Tracts resulting in a total % of the
Levee District annual benefit assessment of 1.5739% allocated to New Lot 3).
New Lot #4: $880,127 (25.92% of the Original Tracts resulting in a total % of the Levee
District annual benefit assessment of 1.1727% allocated to New Lot 4).
New Lot #5: $577,364 (17.00% of the Original Tracts resulting in a total % of the Levee
District annual benefit assessment of 0.7693% allocated to New Lot 5).
New Tract #A: $0.00 (0.000% of the Original Tracts resulting in a total % of the Levee
District annual benefit assessment of 0.0000% allocated to New Tract A).
New Tract #B: $0.00 (0.000% of the Original Tracts resulting in a total % of the Levee
District annual benefit assessment of 0.0000% allocated to New Tract B).
3.2 Remainder Tract. The parties hereby irrevocably agree that the Benefits shall be
allocated to the Remainder Tract as follows:
Remainder Tracts #31 and 43 — Parcel III: $1,634,389 (0.000% of the Original Tracts
resulting in a total % of the Levee District annual benefit assessment of 2.1777%
allocated to Tracts 31 and 43 — Parcel III).
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.
3
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
HORIZONS WEST LAND, LLC, a
Missouri limited liability company
By:
NORTHPOINT DEVELOPMENT, LLC,
a Missouri limited liability company
By:
NORTHPOINT HOLDINGS, LLC, a
Missouri limited liability company
By: By:
Name: Leland Finley Name: Nathaniel Hagedorn
Title: President Title: Manager
4
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.
My Commission Expires:
STATE OF MISSOURI
) ss.
COUNTY OF PLATTE
Notary Public
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 ORIGINAL BENEFIT ASSESSMENT TRACTS
ORIGINAL TRACTS
TRACT I:
The Southeast Quarter of the Southwest Quarter of Section 6, Township 50 North, Range 33
West, Riverside, Platte County, Missouri.
TRACT V.•
That part of Lots 1 and 2 of the Partition Plat of the George Roberts Estate, located in the East
Half of Section 6, Township 50 North, Range 33 West, Riverside, Platte County, Missouri,
bounded as follows: Beginning at the Southwest corner of said Lot 1 and running thence North
along the West line of said Lot 1, 1428.7 feet, thence East in a line parallel to the South line of
said Section 6, 1024.4 feet to the East line of said Lot 2; thence South along the East line of said
Lot 2, 1428.7 feet to the Southeast corner of said Lot 2; thence West along the South line of said
Lots 1 and 2, the same being also the South line of said Section 6, 1019.7 feet to the Point of
Beginning, EXCEPT the South 677.84 feet of said Lots 1 and 2, the Partition Plat of the George
Roberts Estate ALL EXCEPT that portion of the above described tract which was conveyed to
the Riverside—Quindaro Bend Levee District of Platte County, Missouri for roadway purposes.
ALSO LESS AND EXCEPT THE FOLLOWING DESCRIBED REAL PROPERTY AS
CONVEYED TO THE CITY OF RIVERSIDE, MISSOURI BY RIGHT OF WAY DEED
RECORDED MAY 31, 2012 AS INSTRUMENT NO. 2012007768 IN BOOK 1191 AT PAGE
579:
All that part of the Southeast Quarter of Section 6, Township 50 North, Range 33 West, in the
City of Riverside, Platte County, Missouri, described as follows:
COMMENCING at the Southwest corner of the Southeast Quarter of Section 6, Township 50
North, Range 33 West; thence South 89 degrees 23 minutes 51 seconds East along the South line
of the Southeast Quarter of said Section 6 a distance of 989.93 feet to a point on the Southerly
prolongation of the West right of way of Mattox Road; thence North 0 degrees 15 minutes 59
seconds East along the West right of way line of Mattox Road and its prolongation a distance of
677.77 feet to the POINT OF BEGINNING; thence North 89 degrees 25 minutes 07 seconds
West a distance of 54.46 feet to a point; thence North 0 degrees 33 minutes 14 seconds West a
distance of 99.86 feet to a point; thence South 89 degrees 23 minutes 59 seconds East a distance
of 42.92 feet to a point; thence North 23 degrees 42 minutes 07 seconds East a distance of 20.04
feet to a point; thence North 0 degrees 15 minutes 59 seconds East a distance of 569.54 feet to a
point; thence North 19 degrees 00 minutes 26 seconds West a distance of 24.49 feet to a point on
the South right of way line of 43`d Street; thence South 89 degrees 23 minutes 59 seconds East
along the South right of way line of 43`d Street a distance of 13.08 feet to a point on the West
right of way line of Mattox Road; thence South 0 degrees 15 minutes 59 seconds West along the
West right of way line of Mattox Road a distance of 710.87 feet to the POINT OF BEGINNING
and containing 8,730 Square Feet or 0.200 Acres, more or less.
6
TRACT C
Part of the Northwest Quarter of Fractional Section 7, Township 50 North, Range 33 West, in the
City of Riverside, Platte County, Missouri, described as follows:
Commencing at the Northeast corner of said Northwest Quarter; thence South 00°20'45" West,
coincident with the East line of said Northwest Quarter, 25.00 feet to the Point of Beginning;
thence continuing South 00°20'45" West, coincident with said East line, 324.77 feet; thence
departing said East line, North 89°23'44" West, parallel with the North line of said Northwest
Quarter, 1,408.32 feet to a point on the East line of the Levee right-of-way line as recorded as
Document No. 19451, in Book 957, Page 142, by the Platte County Recorder of Deeds; thence
North 02°14'31" West, coincident with said East right-of-way line, 111.13 feet; thence North
00°51'31" East, continuing along said East right-of-way line, 238.68 feet to a point on the North
line of said Northwest Quarter; thence South 89°23'44" East, coincident with said North line,
1,352.50 feet to a point 50.00 feet West of the Northeast corner thereof; thence departing said
North line, South 00°20'45" West, parallel with the East line of said Northwest Quarter, 25.00
feet; thence South 89°23'44" East, parallel the North line of said Northwest Quarter, 50.00 feet to
the Point of Beginning
RIGHT OF WAY TRACTS
TRACT II:
A tract of ground 25 feet in width described as follows: Commencing at the Northwest corner of
the Northeast Quarter of Section 7, Township 50 North, Range 33 West, Riverside, Platte
County, Missouri, thence South along the centerline of said Section 7, a distance of 25 feet;
thence East along a line parallel to the North line of said Section 7 to the West right of way line
of Mattox Road; thence North along the West right of way line of Mattox Road to the North line
of Section 7; thence West along the North line of said Section 7 to the Point of Beginning
TRACT III:
A tract of ground 25 feet in width described as follows. Commencing at the Southwest corner of
the Southeast Quarter of Section 6, Township 50 North, Range 33 West, Riverside, Platte
County, Missouri, thence East along the South line of Lots 1 and 2 of Partition Plat of the George
Roberts Estate (located in the East '/ of Section 6, Township 50 North, Range 33 West) to the
Southeast corner of Lot 2 of said Partition Plat of George Roberts Estate, said point being the
right of way of Mattox Road; thence North along the East line of said Lot 2 of the Partition Plat
of the George Roberts Estate, 25 feet; thence West along a line parallel to the South lines of said
Lots 1 and 2 of the Partition Plat of the George Roberts Estate (which said South line runs along
the South line of Section 6) to the West line of Lot 1 of said Partition Plat of the George Roberts
Estate (which said West line runs along the North-South centerline of Section 6) thence South
along the West line of said Lot 1 of the Partition Plat of the George Roberts Estate to the Point of
Beginning.
TRACT IV:
A tract of ground 25 feet in width described as follows: Commencing at the Northeast corner of
the Northwest Quarter of Section 7, Township 50 North, Range 33 West, Riverside, Platte
County, Missouri, thence South along the centerline of said Section 7, a distance of 25 feet;
thence West along a line parallel to the North line of said Section 7, a distance of 50 feet; thence
7
North along a line parallel to the centerline of said Section 7 to the North line of said Section 7,
thence East along the North line of said Section 7 to the Point of Beginning
TRACT B
That part of the Northeast Quarter of Section 7, Township 50 North, Range 33 West, in the City
of Riverside, Platte County, Missouri, more particularly described as follows:
Commencing at the Northwest corner of the Northeast Quarter corner of said Section 7; thence
coincident with the North line of said Northeast Quarter, South 89°24'06" East, 30.00 feet;
thence departing said North line, and parallel with the West line of said Northeast Quarter, South
00°20'28" West, 25.00 feet to the Point of Beginning; thence parallel with the North line of said
Northeast Quarter, South 89°24'06" East, 974.54 feet; thence South 00°32'18" West, 143.00 feet;
thence parallel with the North line of said Northeast Quarter, North 89°24'06" West, 974.04 feet;
thence parallel with the West line of said Northeast Quarter, North 00°20'28" East, 143.00 feet to
the Point of Beginning, containing 139,324 square feet, or 3.198 acres, more or less.
TRACT X
Beginning at the Northwest corner of said Northeast Quarter; thence coincident with the North
line of said Northeast Quarter, South 89°24'06" East, 30 feet; thence departing said North line,
South 00°20'28" West, 349.77 feet; thence parallel with the North line of said Northeast Quarter,
North 89°24'06" West, 30.03 feet to a point on the West line of said Northeast Quarter; thence
coincident with said West line, North 00°20'28" East, 349.77 feet to the Point of Beginning,
containing 10,493 square feet, or 0.241 acres, more or less.
REMAINDER TRACT
TRACTS 31 AND 43- PARCEL III
All of the Northwest Quarter of the Northeast Quarter of Section 7, Township 50, Range 33, in
the City of Riverside, Platte County, Missouri being described as follows: Beginning at the
Northwest corner of the of the Northeast Quarter of said Section 7; Thence South 87° 23' 44"
East, along the North line of said Northeast Quarter 1,302.06 feet to the Northeast corner of said
Northwest Quarter; thence South 0° 20' 12" West, along the East line of said Northwest Quarter,
1,315.99 feet to the Southeast comer of said Northwest Quarter; thence North 89° 24' 18" West,
along the South line of said Northwest Quarter, 1,0302.27 feet to the Southwest corner of said
Northwest Quarter; thence North 0° 20' 45" East, along the West line of said Northeast Quarter,
1,316.20 feet to the Point of Beginning. Containing 39.34 acres, more or less.
EXCEPT:
That part of the Northeast Quarter of Section 7, Township 50 North, Range 33 West, in the City
of Riverside, Platte County, Missouri, more particularly described as follows:
Beginning at the Northwest corner of said Northeast Quarter; thence coincident with the North
line of said Northeast Quarter, South 89°24'06" East, 1004.62 feet; thence departing said North
line, South 00°32'18" West, 168.00 feet; thence parallel with the North line of said Northeast
Quarter, North 89°24'06" West, 974.04 feet; thence parallel with the West line of said Northeast
Quarter, South 00°20'28" West, 181.77 feet; thence parallel with the North line of said Northeast
8
Quarter, North 89°24'06" West, 30.03 feet to a point on the West line of said Northeast Quarter;
thence coincident with said West line, North 00°20'28" East, 349.77 feet to the Point of
Beginning, containing 174,187 square feet, or 3.999 acres, more or less.
9
EXHIBIT "B"
LEGAL DESCRIPTION OF NEW BENEFIT ASSESSMENT TRACTS
NEW TRACTS
LOT1
Lot 1 of Riverside Horizons West First Plat, a subdivision of land in the City of Riverside, Platte
County, Missouri.
LOT2
Lot 2 of Riverside Horizons West First Plat, a subdivision of land in the City of Riverside, Platte
County, Missouri.
LOT3
Lot 3 of Riverside Horizons West First Plat, a subdivision of land in the City of Riverside, Platte
County, Missouri.
LOT4
Lot 4 of Riverside Horizons West First Plat, a subdivision of land in the City of Riverside, Platte
County, Missouri.
LOTS
Lot 5 of Riverside Horizons West First Plat, a subdivision of land in the City of Riverside, Platte
County, Missouri.
TRACT A
Tract A of Riverside Horizons West First Plat, a subdivision of land in the City of Riverside,
Platte County, Missouri.
TRACT B
Tract B of Riverside Horizons West First Plat, a subdivision of land in the City of Riverside,
Platte County, Missouri.
REMAINDER TRACT
TRACTS 31 AND 43- PARCEL HI
All of the Northwest Quarter of the Northeast Quarter of Section 7, Township 50, Range 33, in
the City of Riverside, Platte County, Missouri being described as follows: Beginning at the
Northwest corner of the of the Northeast Quarter of said Section 7; Thence South 87° 23' 44"
East, along the North line of said Northeast Quarter 1,302.06 feet to the Northeast corner of said
10
Northwest Quarter; thence South 0° 20' 12" West, along the East line of said Northwest Quarter,
1,315.99 feet to the Southeast corner of said Northwest Quarter; thence North 89° 24' 18" West,
along the South line of said Northwest Quarter, 1,0302.27 feet to the Southwest corner of said
Northwest Quarter; thence North 0° 20' 45" East, along the West line of said Northeast Quarter,
1,316.20 feet to the Point of Beginning. Containing 39.34 acres, more or less.
EXCEPT:
That part of the Northeast Quarter of Section 7, Township 50 North, Range 33 West, in the City
of Riverside, Platte County, Missouri, more particularly described as follows:
Beginning at the Northwest corner of said Northeast Quarter; thence coincident with the North
line of said Northeast Quarter, South 89°24'06" East, 1004.62 feet; thence departing said North
line, South 00°32'18" West, 168.00 feet; thence parallel with the North line of said Northeast
Quarter, North 89°24'06" West, 974.04 feet; thence parallel with the West line of said Northeast
Quarter, South 00°20'28" West, 181.77 feet; thence parallel with the North line of said Northeast
Quarter, North 89°24'06" West, 30.03 feet to a point on the West line of said Northeast Quarter;
thence coincident with said West line, North 00°20'28" East, 349.77 feet to the Point of
Beginning, containing 174,187 square feet, or 3.999 acres, more or less.
11
IDA RESOLUTION NO. 2013-008
A RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF THE FINAL PLAT OF
HORIZONS OFFICE ONE
WHEREAS, The Industrial Development Authority of the City of Riverside, Missouri
("IDA") desires to replat certain property owned by the Authority on the west side of Horizons
Parkway in the Horizons development area in the manner shown on Exhibit A attached hereto;
NOW THEREFORE, BE IT RESOLVED BY THE INDUSTRIAL DEVELOPMENT
AUTHORITY OF THE CITY OF RIVERSIDE, MISSOURI, AS FOLLOWS:
THAT the FINAL PLAT OF HORIZONS OFFICE ONE in substantially the same form
as attached hereto as Exhibit "A" is hereby approved;
FURTHER THAT, the President is hereby authorized to submit an application,
execute and deliver the FINAL PLAT OF HORIZONS OFFICE ONE on behalf of The
Industrial Development Authority of the City of Riverside, Missouri, with such changes as are
approved by the officer executing such document, such execution being conclusive proof of
such approval, and the Assistant Secretary is authorized to attest thereto;
FURTHER THAT, any and all actions taken in connection with the approval and
authorization granted herein prior to passage and approval of this Resolution are hereby
ratified and confirmed;
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