HomeMy WebLinkAbout2013-03-12 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 Tuesday, March 12, 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: November 7, 2012
4. NEW BUSINESS
A. RESOLUTION 2013-001: A RESOLUTION AUTHORIZING THE GRANTING OF A
PERMANENT UTILITY EASEMENT FOR THE TRANSMISSION AND DISTRIBUTION OF
ELECTRIC ENERGY TO KANSAS CITY POWER & LIGHT COMPANY; AND
AUTHORIZING THE EXECUTION AND DELIVERY OF DOCUMENTS AND ACTIONS
RELATING THERETO (LOTS 2,3,5,6, AND 7 RIVERSIDE HORIZONS EAST FIRST PLAT)
B. RESOLUTION 2013-002: A RESOLUTION AUTHORIZING THE GRANTING OF A
PERMANENT UTILITY EASEMENT FOR THE TRANSMISSION AND DISTRIBUTION OF
ELECTRIC ENERGY TO KANSAS CITY POWER & LIGHT COMPANY; AND
AUTHORIZING THE EXECUTION AND DELIVERY OF DOCUMENTS AND ACTIONS
RELATING THERETO (ACROSS LOTS TO HORIZONS INDUSTRTL I PROJECT)
C. RESOLUTION 2013-003: A RESOLUTION AUTHORIZING THE GRANTING OF A
CULTIVATION AND PASTURAGE LEASE BETWEEN THE INDUSTRIAL
DEVELOPMENT AUTHORITY OF THE CITY OF RIVERSIDE, MISSOURI AND ROBERT
W. AND LILLIE MARIE GIESKE.
5. ADJOURNMENT
Posted by: Sarah Wagner
Date: March S, 2013
Time: 5:00 p.m.
MINUTES
REGULAR MEETING
THE INDUSTRIAL DEVELOPMENT AUTHORITY
OF THE CITY OF RIVERSIDE, MISSOURI
Wednesday, November 7, 2012
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 Community Development Director
Mike Duffy and Sarah Wagner, Community Development.
Approval of Minutes from Harold Snoderley moved to approve the minutes of October 11, 2012.
October 11, 2012
Resolution 2012-028: A
Resolution Authorizing the
Granting of a Permanent
Utility Easement for the
Distribution of Electric
Energy to Kansas City Power
& Light Company; and
Authorizing the Execution
and Delivery of Documents
and Actions Relating
Thereto.
Adjournment
Bernie Bruns seconded and the motion passed 5-0.
Leland Finley read Resolution 2012-028: A resolution authorizing the
granting of a permanent utility easement for the distribution of electric
energy to Kansas City Power & Light Company; and authorizing the
execution and delivery of documents and actions relating thereto.
Mike Duffy gave an explanation of the need for this easement.
Pam Darata moved to approve Resolution 2012-028.
Bernie Bruns seconded and the motion passed 5-0.
Pam Darata moved to adjourn the meeting at 6:18 p.m.
Harold Snoderley seconded and the meeting was adjourned.
IDA RESOLUTION 2013-001
A RESOLUTION AUTHORIZING THE GRANTING OF A PERMANENT UTILITY
EASEMENT FOR THE TRANSMISSION AND DISTRIBUTION OF ELECTRIC ENERGY TO
KANSAS CITY POWER & LIGHT COMPANY; AND AUTHORIZING THE EXECUTION AND
DELIVERY OF DOCUMENTS AND ACTIONS RELATING THERETO (LOTS 2, 3, 5, 6 AND
7 RIVERSIDE HORIZONS EAST FIRST PLAT)
WHEREAS, pursuant to a Financing and Cooperation Agreement dated as of May 1,
2007, the IDA is required, upon direction of the City, to transfer such interests in the real
property in whole or in part, in one or more transactions; and
WHEREAS, the City entered into a Master Development Agreement with Riverside
Horizons, LLC (f/k/a Briarcliff Horizons, LLC) (the "Developer") for the development of the
Horizons Business Park Development Project (the "Project") within the City; and
WHEREAS, the Project requires the extension of certain Kansas City Power & Light
Company ("KCPL") electrical facilities to serve the Project; and
WHEREAS, NorthPoint Development, LLC, on behalf of Riverside Horizons, LLC.,
together with the City have approved plans from KCPL for installation of certain electrical
improvements within the Project on Lots 2, 3, 5, 6 and 7 of Riverside Horizons East First Plat;
and
WHEREAS, in order to provide such electrical improvements, KCPL has requested a
permanent easement in which to construct, locate, operate and maintain certain facilities that
will be constructed outside of the right of way and existing utility easements; and
WHEREAS, the KCPL easement will be located on property owned by the IDA and
the Board of Aldermen have directed the IDA to execute the easement in substantially the
same form as set forth in Exhibit "A" attached hereto;
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE
INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF RIVERSIDE, MISSOURI, AS
FOLLOWS:
THAT the IDA is hereby authorized and directed to enter into and execute the
Easement Conveyance between Kansas City Power & Light Company and the IDA in
substantially the same form as attached hereto as Exhibit "A" and the performance of all
actions related thereto are approved, authorized and directed;
FURTHER THAT this Resolution shall be in full force and effect from and after its
passage and approval.
PASSED AND ADOPTED by the Board of Directors of the Industrial Development
Authority of the City of Riverside, Missouri, the day of , 2013.
Leland Finley, Mayor
ATTEST:
IDA RESOLUTION 2013-001
Sarah Wagner, Assistant Secretary
IDA RESOLUTION 2013-001
EXHIBIT A
S I QQ/Q
T (Platte County
R (Missouri State
EASEMENT CONVEYANCE
THIS EASEMENT, made and entered into this xxx day of xxxxxxx
201 xxx , by and between The Industrial Development Authority of the City of Riverside,
Missouri, of Platte County, Missouri, whose mailing address is 2950 NW Vivion Road,
Riverside, Missouri 64150, "GRANTOR" and Kansas City Power & Light Company, a
Missouri corporation whose mailing address is PO Box 418679, Kansas City, MO. 64141-
9679, and its and their affiliates, lessees, licensees, designees, successors and assigns, of
Jackson County, Missouri "GRANTEE" or "KCP&L".
After recording mail to: KCP&L
Right of Way Dept. F&M-2
PO Box 418679
Kansas City, MO 64141-9679
KNOW ALL MEN BY THESE PRESENTS: That the undersigned, Grantor, in
consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration,
the receipt of which is hereby acknowledged, hereby GRANTS, BARGAINS, SELLS AND
CONVEYS to GRANTEE, its lessees, successors and assigns, the permanent right, privilege
and perpetual easement to enter upon the lands of Grantor, to survey, construct, erect,
operate, patrol, inspect, maintain, modify, alter, add wires, poles, cables, conduits, towers and
pipes, repair, rebuild and remove, on, under and over the easement described below and in
and upon all streets, roadways or highways abutting said lands, now or at any future time, for
the transmission and distribution of electric energy, and for communication purposes, and all
appurtenances and appliances necessary in connection therewith, together with the right of
ingress and egress to and from said lines of GRANTEE over the lands of GRANTOR so that
GRANTEE may go to and from said lines from the public roads adjacent to GRANTORS
lands, which said perpetual easement being over, along, across and under the following
IDA RESOLUTION 2013-001
described lands situated in the County of Platte, in the State of Missouri, said easement more
particularly described as follows:
See attached Exhibit A-1, A-2, and A-3
this easement and rights granted herein will at all times be considered subordinate to any
public right of way.
GRANTEE may erect and use gates in all fences which cross or which shall
hereinafter cross the route of said lines. GRANTEE is given the right to trim, cut and clear
away any trees, limbs and brush on or adjacent to the above-described land now or at any
future time whenever, in its judgment, such will interfere with or endanger the construction,
operation or maintenance of said lines. In exercising its rights of ingress or egress GRANTEE
shall, whenever practicable, use existing roads or lands and shall repair any damage caused
by its use thereof. All logs, limbs, or brush cut or trimmed by GRANTEE shall be removed by
GRANTEE unless GRANTOR otherwise requests.
It being the intention of the parties hereto that GRANTOR is hereby granting the uses
herein specified without divesting GRANTOR and heirs or assigns of the right to cultivate, use
and enjoy the above-described premises: PROVIDED, however, such use shall not, in the
judgment of said GRANTEE, interfere with or endanger the construction, operation or
maintenance of said lines, and provided further that no building shall be constructed on the
easement without GRANTEE's written permission.
The lines and all facilities erected by GRANTEE are the personal property of
GRANTEE and title to said lines and facilities shall be and remain in said GRANTEE.
TO HAVE AND TO HOLD said easement and rights aforesaid with all and singular,
the rights, privileges, appurtenances, and immunities thereto belonging or in anyway
appertaining unto GRANTEE its lessees, licensee, successors or assigns forever. This
easement conveyance shall run with the land and shall be binding upon GRANTOR and
GRANTOR'S heirs, administrators, executors, successors and assigns. GRANTOR hereby
covenants that GRANTOR is the owner(s) of the above-described land, subject to existing
liens and right-of-way easements of record.
IN TESTIMONY WHEREOF, GRANTOR has hereunto executed this Easement
effective on the date first above written.
THE INDUSTRIAL DEVELOPMENT AUTHORITY
OF THE CITY OF RIVERSIDE, MISSOURI
By: xxxxxxxx
Leland Finley, President
ATTEST:
xxxxxxxxx
Sarah Wagner, Secretary
IDA RESOLUTION 2013-001
ACKNOWLEDGEMENT
State of Missouri xx
SS:
County of Platte xx
On this xxxx day of xxxxxxxx , 201 xx , before me a Notary Public,
appeared Leland Finley, to me personally known, (or proved to me on the basis of
satisfactory evidence) to be the person described in and who executed the foregoing
instrument, and acknowledged that he is the President of The Industrial Development
Authority of the City of Riverside, Missouri and that he executed the same on behalf of
the Board of Directors of said corporation and by authority thereof and acknowledged said
instrument to be the free act and deed of said corporation for the purposes therein expressed.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal
this xxx day of xxxxx , 201 xx .
My Commission Expires: xx Notary Public xxxxx
S 1 QQ/Q
T (Platte County
R (Missouri State
EASEMENT CONVEYANCE
THIS EASEMENT, made and entered into this day of , 201_
by and between The Industrial Development Authority of the City of Riverside, Missouri,
of Platte County, Missouri, whose mailing address is 2950 NW Vivion Road, Riverside,
Missouri 64150, "GRANTOR" and Kansas City Power & Light Company, a Missouri
corporation whose mailing address is PO Box 418679, Kansas City, MO. 64141-9679, and its
and their affiliates, lessees, licensees, designees, successors and assigns, of Jackson
County, Missouri "GRANTEE" or "KCP&L".
After recording mail to: KCP&L
Right of Way Dept. F&M-2
PO Box 418679
Kansas City, MO 64141-9679
KNOW ALL MEN BY THESE PRESENTS: That the undersigned, Grantor, in
consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration,
the receipt of which is hereby acknowledged, hereby GRANTS, BARGAINS, SELLS AND
CONVEYS to GRANTEE, its lessees, successors and assigns, the permanent right, privilege
and perpetual easement to enter upon the lands of Grantor, to survey, construct, erect,
operate, patrol, inspect, maintain, modify, alter, add wires, poles, cables, conduits, towers and
pipes, repair, rebuild and remove, on, under and over the easement described below and in
and upon all streets, roadways or highways abutting said lands, now or at any future time, for
the transmission and distribution of electric energy, and for communication purposes, and all
appurtenances and appliances necessary in connection therewith, together with the right of
ingress and egress to and from said lines of GRANTEE over the lands of GRANTOR so that
GRANTEE may go to and from said lines from the public roads adjacent to GRANTORS
lands, which said perpetual easement being over, along, across and under the following
described lands situated in the County of Platte, in the State of Missouri, said easement more
particularly described as follows:
See attached Exhibits A-1, A-2 and A-3
This easement and rights granted herein will at all times be considered subordinate to
any public right of way.
GRANTEE may erect and use gates in all fences which cross or which shall
hereinafter cross the route of said lines. GRANTEE is given the right to trim, cut and clear
away any trees, limbs and brush on or adjacent to the above-described land now or at any
future time whenever, in its judgment, such will interfere with or endanger the construction,
operation or maintenance of said lines. In exercising its rights of ingress or egress GRANTEE
shall, whenever practicable, use existing roads or lands and shall repair any damage caused
by its use thereof. All logs, limbs, or brush cut or trimmed by GRANTEE shall be removed by
GRANTEE unless GRANTOR otherwise requests.
It being the intention of the parties hereto that GRANTOR is hereby granting the uses
herein specified without divesting GRANTOR and heirs or assigns of the right to cultivate, use
and enjoy the above-described premises: PROVIDED, however, such use shall not, in the
judgment of said GRANTEE, interfere with or endanger the construction, operation or
maintenance of said lines, and provided further that no building shall be constructed on the
easement without GRANTEE's written permission.
The lines and all facilities erected by GRANTEE are the personal property of
GRANTEE and title to said lines and facilities shall be and remain in said GRANTEE.
TO HAVE AND TO HOLD said easement and rights aforesaid with all and singular,
the rights, privileges, appurtenances, and immunities thereto belonging or in anyway
appertaining unto GRANTEE its lessees, licensee, successors or assigns forever. This
easement conveyance shall run with the land and shall be binding upon GRANTOR and
GRANTOR'S heirs, administrators, executors, successors and assigns. GRANTOR hereby
covenants that GRANTOR is the owner(s) of the above-described land, subject to existing
liens and right-of-way easements of record.
IN TESTIMONY WHEREOF, GRANTOR has hereunto executed this Easement
effective on the date first above written.
THE INDUSTRIAL DEVELOPMENT AUTHORITY
OF THE CITY OF RIVERSIDE, MISSOURI
By:
Leland Finley, President
ATTEST:
Sarah Wagner, Secretary
ACKNOWLEDGEMENT
State of Missouri
SS:
County of Platte
On this day of , 201_, before me a Notary Public, appeared
Leland Finley, to me personally known, (or proved to me on the basis of satisfactory
evidence) to be the person described in and who executed the foregoing instrument, and
acknowledged that he is the President of The Industrial Development Authority of the City
of Riverside, Missouri and that he executed the same on behalf of the Board of Directors of
said corporation and by authority thereof and acknowledged said instrument to be the free act
and deed of said corporation for the purposes therein expressed.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal
this day of , 201_.
My Commission Expires: Notary Public
Exhibit
KCPL Easement
Description:
A part of lots of Lots 2, 3, 5, 6 and 7, RIVERSIDE HORIZONS EAST FIRST PLAT, a subdivision in the
City of Riverside, Platte County, Missouri, according to the recorded plat thereof, described as follows:
The Southerly 5.00 feet of said Lots 2, 3, 5, 6 and 7.
...And...
The Easterly 10.00 feet of said Lot 3.
...And...
The North 15.00 feet of the South 20.00 feet of the West 45.96 feet, of said Lot 2.
...And...
The North 15.00 feet of the South 20.00 feet of the East 71.33 feet of the West 77.95 feet of said Lot 3.
...And...
The Northerly 15.00 feet of the Southerly 20.00 feet of the Easterly 71.33 feet of the Westerly 136.68 feet
of said Lot 5.
...And...
The Northerly 15.00 feet of the Southerly 20.00 feet of the Westerly 51.33 feet of the Easterly 76.00 feet
of said Lot 5.
I hereby certify that this real property description has been prepared by me or under my direct supervision.
Michael Schmidtberger
Missouri LS -2000143910
2224 Condolea Terr.
Leawood, KS 66209
(913) 334-8819
Sheet 1
Rendissdnce n f rdstr lctture
Canal flint (R° ° C
11490 Strang Line Road 1 Lenexa, Kansas 66215 1
(913) 317-9500 1 www.reninfrastructure.com
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S I QQ/Q
T (Platte County
R (Missouri State
EASEMENT CONVEYANCE
THIS EASEMENT, made and entered into this day of , 201_
by and between The Industrial Development Authority of the City of Riverside, Missouri,
of Platte County, Missouri, whose mailing address is 2950 NW Vivion Road, Riverside,
Missouri 64150, "GRANTOR" and Kansas City Power & Light Company, a Missouri
corporation whose mailing address is PO Box 418679, Kansas City, MO. 64141-9679, and its
and their affiliates, lessees, licensees, designees, successors and assigns, of Jackson
County, Missouri "GRANTEE" or "KCP&L".
After recording mail to: KCP&L
Right of Way Dept. F&M-2
PO Box 418679
Kansas City, MO 64141-9679
KNOW ALL MEN BY THESE PRESENTS: That the undersigned, Grantor, in
consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration,
the receipt of which is hereby acknowledged, hereby GRANTS, BARGAINS, SELLS AND
CONVEYS to GRANTEE, its lessees, successors and assigns, the permanent right, privilege
and perpetual easement to enter upon the lands of Grantor, to survey, construct, erect,
operate, patrol, inspect, maintain, modify, alter, add wires, poles, cables, conduits, towers and
pipes, repair, rebuild and remove, on, under and over the easement described below and in
and upon all streets, roadways or highways abutting said lands, now or at any future time, for
the transmission and distribution of electric energy, and for communication purposes, and all
appurtenances and appliances necessary in connection therewith, together with the right of
ingress and egress to and from said lines of GRANTEE over the lands of GRANTOR so that
GRANTEE may go to and from said lines from the public roads adjacent to GRANTORS
lands, which said perpetual easement being over, along, across and under the following
described lands situated in the County of Platte, in the State of Missouri, said easement more
particularly described as follows:
See attached Exhibit A
This easement and rights granted herein will at all times be considered subordinate to
any public right of way.
GRANTEE may erect and use gates in all fences which cross or which shall
hereinafter cross the route of said lines. GRANTEE is given the right to trim, cut and clear
away any trees, limbs and brush on or adjacent to the above-described land now or at any
future time whenever, in its judgment, such will interfere with or endanger the construction,
operation or maintenance of said lines. In exercising its rights of ingress or egress GRANTEE
shall, whenever practicable, use existing roads or lands and shall repair any damage caused
by its use thereof. All logs, limbs, or brush cut or trimmed by GRANTEE shall be removed by
GRANTEE unless GRANTOR otherwise requests.
It being the intention of the parties hereto that GRANTOR is hereby granting the uses
herein specified without divesting GRANTOR and heirs or assigns of the right to cultivate, use
and enjoy the above-described premises: PROVIDED, however, such use shall not, in the
judgment of said GRANTEE, interfere with or endanger the construction, operation or
maintenance of said lines, and provided further that no building shall be constructed on the
easement without GRANTEE's written permission.
The lines and all facilities erected by GRANTEE are the personal property of
GRANTEE and title to said lines and facilities shall be and remain in said GRANTEE.
TO HAVE AND TO HOLD said easement and rights aforesaid with all and singular,
the rights, privileges, appurtenances, and immunities thereto belonging or in anyway
appertaining unto GRANTEE its lessees, licensee, successors or assigns forever. This
easement conveyance shall run with the land and shall be binding upon GRANTOR and
GRANTOR'S heirs, administrators, executors, successors and assigns. GRANTOR hereby
covenants that GRANTOR is the owner(s) of the above-described land, subject to existing
liens and right-of-way easements of record.
IN TESTIMONY WHEREOF, GRANTOR has hereunto executed this Easement
effective on the date first above written.
THE INDUSTRIAL DEVELOPMENT AUTHORITY
OF THE CITY OF RIVERSIDE, MISSOURI
By:
Leland Finley, President
ATTEST:
Sarah Wagner, Secretary
ACKNOWLEDGEMENT
State of Missouri )
SS:
County of Platte )
On this day of , 201, before me a Notary Public, appeared
Leland Finley, to me personally known, (or proved to me on the basis of satisfactory
evidence) to be the person described in and who executed the foregoing instrument, and
acknowledged that he is the President of The Industrial Development Authority of the City
of Riverside, Missouri and that he executed the same on behalf of the Board of Directors of
said corporation and by authority thereof and acknowledged said instrument to be the free act
and deed of said corporation for the purposes therein expressed.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal
this day of , 201_
My Commission Expires: Notary Public
Exhibit
KCPL Easement
Description:
A part of lots of Lots 2, 3, 5, 6 and 7, RIVERSIDE HORIZONS EAST FIRST PLAT, a subdivision in the
City of Riverside, Platte County, Missouri, according to the recorded plat thereof, described as follows:
The Southerly 5.00 feet of said Lots 2, 3, 5, 6 and 7.
...And...
The Easterly 10.00 feet of said Lot 3.
...And...
The North 15.00 feet of the South 20.00 feet of the West 45.96 feet, of said Lot 2.
...And...
The North 15.00 feet of the South 20.00 feet of the East 71.33 feet of the West 77.95 feet of said Lot 3.
...And...
The Northerly 15.00 feet of the Southerly 20.00 feet of the Easterly 71.33 feet of the Westerly 136.68 feet
of said Lot 5.
...And...
The Northerly 15.00 feet of the Southerly 20.00 feet of the Westerly 51.33 feet of the Easterly 76.00 feet
of said Lot 5.
I hereby certify that this real property description has been prepared by me or under my direct supervision.
Michael Schmidtberger
Missouri LS -2000143910
2224 Condolea Terr.
Leawood, KS 66209
(913) 334-8819
Sheet 1
Rendissdnce n f rdstr lctture
Canal flint (R° ° C
11490 Strang Line Road 1 Lenexa, Kansas 66215 1
(913) 317-9500 1 www.reninfrastructure.com
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IDA RESOLUTION 2013-002
A RESOLUTION AUTHORIZING THE GRANTING OF A PERMANENT UTILITY
EASEMENT FOR THE TRANSMISSION AND DISTRIBUTION OF ELECTRIC ENERGY TO
KANSAS CITY POWER & LIGHT COMPANY; AND AUTHORIZING THE EXECUTION AND
DELIVERY OF DOCUMENTS AND ACTIONS RELATING THERETO (ACROSS LOT 5 TO
HORIZONS INDUSTRIAL I PROJECT)
WHEREAS, pursuant to a Financing and Cooperation Agreement dated as of May 1,
2007, the IDA is required, upon direction of the City, to transfer such interests in the real
property in whole or in part, in one or more transactions; and
WHEREAS, the City entered into a Master Development Agreement with Riverside
Horizons, LLC (f/k/a Briarcliff Horizons, LLC) (the "Developer") for the development of the
Horizons Business Park Development Project (the "Project") within the City; and
WHEREAS, the Project requires the extension of certain Kansas City Power & Light
Company ("KCPL") electrical facilities to serve the Project; and
WHEREAS, NorthPoint Development, LLC, on behalf of Riverside Horizons, LLC.,
together with the City have approved plans from KCPL for installation of certain electrical
improvements within the Project on Lot 5 of Riverside Horizons East First Plat; and
WHEREAS, in order to provide such electrical improvements, KCPL has requested a
permanent easement in which to construct, locate, operate and maintain certain facilities that
will be constructed outside of the right of way and existing utility easements; and
WHEREAS, the KCPL easement will be located on property owned by the IDA and
the Board of Aldermen have directed the IDA to execute the easement in substantially the
same form as set forth in Exhibit "A" attached hereto;
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE
INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF RIVERSIDE, MISSOURI, AS
FOLLOWS:
THAT the IDA is hereby authorized and directed to enter into and execute the
Easement Conveyance between Kansas City Power & Light Company and the IDA in
substantially the same form as attached hereto as Exhibit "A" and the performance of all
actions related thereto are approved, authorized and directed;
FURTHER THAT this Resolution shall be in full force and effect from and after its
passage and approval.
PASSED AND ADOPTED by the Board of Directors of the Industrial Development
Authority of the City of Riverside, Missouri, the day of , 2013.
Leland Finley, Mayor
ATTEST:
Sarah Wagner, Assistant Secretary
IDA RESOLUTION 2013-002
EXHIBIT A
S I QQ/Q
T (Platte County
R (Missouri State
EASEMENT CONVEYANCE
THIS EASEMENT, made and entered into this day of , 201_,
by and between The Industrial Development Authority of the City of Riverside, Missouri,
of Platte County, Missouri, whose mailing address is 2950 NW Vivion Road, Riverside,
Missouri 64150, "GRANTOR" and Kansas City Power & Light Company, a Missouri
corporation whose mailing address is PO Box 418679, Kansas City, MO. 64141-9679, and its
and their affiliates, lessees, licensees, designees, successors and assigns, of Jackson
County, Missouri "GRANTEE" or "KCP&L".
After recording mail to: KCP&L
Right of Way Dept. F&M-2
PO Box 418679
Kansas City, MO 64141-9679
KNOW ALL MEN BY THESE PRESENTS: That the undersigned, Grantor, in
consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration,
the receipt of which is hereby acknowledged, hereby GRANTS, BARGAINS, SELLS AND
CONVEYS to GRANTEE, its lessees, successors and assigns, the permanent right, privilege
and perpetual easement to enter upon the lands of Grantor, to survey, construct, erect,
operate, patrol, inspect, maintain, modify, alter, add wires, poles, cables, conduits, towers and
pipes, repair, rebuild and remove, on, under and over the easement described below and in
and upon all streets, roadways or highways abutting said lands, now or at any future time, for
the transmission and distribution of electric energy, and for communication purposes, and all
appurtenances and appliances necessary in connection therewith, together with the right of
ingress and egress to and from said lines of GRANTEE over the lands of GRANTOR so that
GRANTEE may go to and from said lines from the public roads adjacent to GRANTORS
lands, which said perpetual easement being over, along, across and under the following
IDA RESOLUTION 2013-002
described lands situated in the County of Platte, in the State of Missouri, said easement more
particularly described as follows:
See attached Exhibit A
This easement and rights granted herein will at all times be considered subordinate to
any public right of way.
GRANTEE may erect and use gates in all fences which cross or which shall
hereinafter cross the route of said lines. GRANTEE is given the right to trim, cut and clear
away any trees, limbs and brush on or adjacent to the above-described land now or at any
future time whenever, in its judgment, such will interfere with or endanger the construction,
operation or maintenance of said lines. In exercising its rights of ingress or egress GRANTEE
shall, whenever practicable, use existing roads or lands and shall repair any damage caused
by its use thereof. All logs, limbs, or brush cut or trimmed by GRANTEE shall be removed by
GRANTEE unless GRANTOR otherwise requests.
It being the intention of the parties hereto that GRANTOR is hereby granting the uses
herein specified without divesting GRANTOR and heirs or assigns of the right to cultivate, use
and enjoy the above-described premises: PROVIDED, however, such use shall not, in the
judgment of said GRANTEE, interfere with or endanger the construction, operation or
maintenance of said lines, and provided further that no building shall be constructed on the
easement without GRANTEE's written permission.
The lines and all facilities erected by GRANTEE are the personal property of
GRANTEE and title to said lines and facilities shall be and remain in said GRANTEE.
TO HAVE AND TO HOLD said easement and rights aforesaid with all and singular,
the rights, privileges, appurtenances, and immunities thereto belonging or in anyway
appertaining unto GRANTEE its lessees, licensee, successors or assigns forever. This
easement conveyance shall run with the land and shall be binding upon GRANTOR and
GRANTOR'S heirs, administrators, executors, successors and assigns. GRANTOR hereby
covenants that GRANTOR is the owner(s) of the above-described land, subject to existing
liens and right-of-way easements of record.
IN TESTIMONY WHEREOF, GRANTOR has hereunto executed this Easement
effective on the date first above written.
THE INDUSTRIAL DEVELOPMENT AUTHORITY
OF THE CITY OF RIVERSIDE, MISSOURI
By:
Leland Finley, President
ATTEST:
Sarah Wagner, Secretary
IDA RESOLUTION 2013-002
ACKNOWLEDGEMENT
State of Missouri )
SS:
County of Platte )
On this day of , 201_, before me a Notary Public, appeared
Leland Finley, to me personally known, (or proved to me on the basis of satisfactory
evidence) to be the person described in and who executed the foregoing instrument, and
acknowledged that he is the President of The Industrial Development Authority of the City
of Riverside, Missouri and that he executed the same on behalf of the Board of Directors of
said corporation and by authority thereof and acknowledged said instrument to be the free act
and deed of said corporation for the purposes therein expressed.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal
this day of , 201_
My Commission Expires: Notary Public
S I QQ/Q
T (Platte County
R (Missouri State
EASEMENT CONVEYANCE
THIS EASEMENT, made and entered into this day of , 201_
by and between The Industrial Development Authority of the City of Riverside, Missouri,
of Platte County, Missouri, whose mailing address is 2950 NW Vivion Road, Riverside,
Missouri 64150, "GRANTOR" and Kansas City Power & Light Company, a Missouri
corporation whose mailing address is PO Box 418679, Kansas City, MO. 64141-9679, and its
and their affiliates, lessees, licensees, designees, successors and assigns, of Jackson
County, Missouri "GRANTEE" or "KCP&L".
After recording mail to: KCP&L
Right of Way Dept. F&M-2
PO Box 418679
Kansas City, MO 64141-9679
KNOW ALL MEN BY THESE PRESENTS: That the undersigned, Grantor, in
consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration,
the receipt of which is hereby acknowledged, hereby GRANTS, BARGAINS, SELLS AND
CONVEYS to GRANTEE, its lessees, successors and assigns, the permanent right, privilege
and perpetual easement to enter upon the lands of Grantor, to survey, construct, erect,
operate, patrol, inspect, maintain, modify, alter, add wires, poles, cables, conduits, towers and
pipes, repair, rebuild and remove, on, under and over the easement described below and in
and upon all streets, roadways or highways abutting said lands, now or at any future time, for
the transmission and distribution of electric energy, and for communication purposes, and all
appurtenances and appliances necessary in connection therewith, together with the right of
ingress and egress to and from said lines of GRANTEE over the lands of GRANTOR so that
GRANTEE may go to and from said lines from the public roads adjacent to GRANTORS
lands, which said perpetual easement being over, along, across and under the following
described lands situated in the County of Platte, in the State of Missouri, said easement more
particularly described as follows:
See attached Exhibit A
This easement and rights granted herein will at all times be considered subordinate to
any public right of way.
GRANTEE may erect and use gates in all fences which cross or which shall
hereinafter cross the route of said lines. GRANTEE is given the right to trim, cut and clear
away any trees, limbs and brush on or adjacent to the above-described land now or at any
future time whenever, in its judgment, such will interfere with or endanger the construction,
operation or maintenance of said lines. In exercising its rights of ingress or egress GRANTEE
shall, whenever practicable, use existing roads or lands and shall repair any damage caused
by its use thereof. All logs, limbs, or brush cut or trimmed by GRANTEE shall be removed by
GRANTEE unless GRANTOR otherwise requests.
It being the intention of the parties hereto that GRANTOR is hereby granting the uses
herein specified without divesting GRANTOR and heirs or assigns of the right to cultivate, use
and enjoy the above-described premises: PROVIDED, however, such use shall not, in the
judgment of said GRANTEE, interfere with or endanger the construction, operation or
maintenance of said lines, and provided further that no building shall be constructed on the
easement without GRANTEE's written permission.
The lines and all facilities erected by GRANTEE are the personal property of
GRANTEE and title to said lines and facilities shall be and remain in said GRANTEE.
TO HAVE AND TO HOLD said easement and rights aforesaid with all and singular,
the rights, privileges, appurtenances, and immunities thereto belonging or in anyway
appertaining unto GRANTEE its lessees, licensee, successors or assigns forever. This
easement conveyance shall run with the land and shall be binding upon GRANTOR and
GRANTOR'S heirs, administrators, executors, successors and assigns. GRANTOR hereby
covenants that GRANTOR is the owner(s) of the above-described land, subject to existing
liens and right-of-way easements of record.
IN TESTIMONY WHEREOF, GRANTOR has hereunto executed this Easement
effective on the date first above written.
THE INDUSTRIAL DEVELOPMENT AUTHORITY
OF THE CITY OF RIVERSIDE, MISSOURI
By:
Leland Finley, President
ATTEST:
Sarah Wagner, Secretary
ACKNOWLEDGEMENT
State of Missouri )
SS:
County of Platte )
On this day of , 201, before me a Notary Public, appeared
Leland Finley, to me personally known, (or proved to me on the basis of satisfactory
evidence) to be the person described in and who executed the foregoing instrument, and
acknowledged that he is the President of The Industrial Development Authority of the City
of Riverside, Missouri and that he executed the same on behalf of the Board of Directors of
said corporation and by authority thereof and acknowledged said instrument to be the free act
and deed of said corporation for the purposes therein expressed.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal
this day of , 201_
My Commission Expires: Notary Public
LOT 4
RIVERSIDE HORIZONS
EAST FIRST PLAT
POINT OF BEGINNING
Exhibit
KCPL Easement
LOT 5
RIVERSIDE HORIZONS
EAST FIRST PLAT
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Description:
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POINT OF
TERMINATION
A 10.00 foot wide easement over a part of Lot 5, RIVERSIDE HORIZONS EAST FIRST PLAT, a
subdivision in the City of Riverside, Platte County, Missouri, according to the recorded plat thereof, lying
5 feet on each side of the following described centerline:
Commencing at the Southwest corner of said Lot 5; thence coincident with the West line thereof, North
21°54'54" East, 38.88 feet to the POINT OF BEGINNING; thence departing said West line, South
67°08'46" East, 39.23 feet; thence South 64°39'15" East, 30.79 feet; thence South 48°00'22" East, 7.87
feet; thence South 10°06'48" East, 5.96 feet; thence South 09°02'56" West, 5.92 feet; thence South
16°01'49" West, 2.89 feet to a point 20.00 North of the South line of said Lot 5, as measured at a right
angle from said South line, and there terminating.
The outer boundary lines described above shall either be truncated or extended to terminate at the lines
which contain the points of beginning and terminus, and at angle points, as not to leave any areas of void
or overlapping.
I hereby certify that this real property description has been prepared by me or under my direct supervision.
P: ►•-• • oG
RGER
ER
►••••
Michael Schmidtberger
Missouri LS -2000143910
2224 Condolea Terr.
Leawood, KS 66209
(913) 334-8819
Rendissdnce n f rdstr lctture
Cala' n (R CCS
11490 Strang Line Road 1 Lenexa, Kansas 66215 1
(913) 317-9500 1 www.reninfrastructure.com
IDA RESOLUTION 2013-003
A RESOLUTION AUTHORIZING THE GRANTING OF A CULTIVATION AND PASTURAGE
LEASE BETWEEN THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF
RIVERSIDE, MISSOURI AND ROBERT W. AND LILLIE MARIE GIESEKE
WHEREAS, the Industrial Development Authority of the City of Riverside, Missouri
("IDA") , owns certain property ("Premises") described in the lease attached as Exhibit A
("Lease"); and
WHEREAS, the Robert W. and Marie Gieseke ("Lessees") desire to lease the property
from the IDA; and
WHEREAS, , it is in the City's economic interest as well as in the interest of the
health, safety and welfare of its citizens, for the IDA to enter into this Lease with the Lessees
in order for the IDA and the City to keep the property maintained without incurring the cost of
mowing it times a year; and
WHEREAS, the IDA desires to temporarily lease the Premises to the Lessees;
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE
INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF RIVERSIDE, MISSOURI, AS
FOLLOWS:
THAT the President is hereby authorized and directed to enter into and execute the
Lease Agreement between Robert W. and Lillie Marie Geseke and the IDA in substantially the
same form as attached hereto as Exhibit "A" and the performance of all actions related
thereto are approved, authorized and directed;
FURTHER THAT this Resolution shall be in full force and effect from and after its
passage and approval.
PASSED AND ADOPTED by the Board of Directors of the Industrial Development
Authority of the City of Riverside, Missouri, the day of , 2013.
Leland Finley, President
ATTEST:
Sarah Wagner, Assistant Secretary
IDA RESOLUTION 2013-003
EXHIBIT A
EXHIBIT A
CULTIVATION AND PASTURAGE LEASE
by and between the industrial development authority of the city of riverside, missouri
and robert W. and marie gieseke
(SEE ATTACHED)
IDA RESOLUTION 2013-003
CULTIVATION AND PASTURAGE LEASE
THIS AGREEMENT ("Lease") is entered into as of December _, 2012, among The Industrial
Development Authority of the City of Riverside, Missouri, a public corporation organized and
existing under the laws of the State of Missouri, ("IDA") and Robert W. & Lillie Marie Gieseke
("Lessee"). The IDA and Lessee for and in consideration of the mutual promises herein
contained, AGREE AS FOLLOWS:
1. BASIC PROVISIONS AND DEFINITIONS
The following terms, whenever used in this Lease, with the first letter of each word
capitalized, will have the meanings set forth in this Section, and only such meanings, unless
expressly contradicted, limited or expanded in this Lease:
(a) Premises:
Date of Execution:
Commencement Date (Section 4):
Lease Term (Section 4):
Rent (Section 5)
(f) IDA's Payment and Notice Address
(Section 19)
City of Riverside, Missouri
Attn: IDA
2950 N.W. Vivion Road
Riverside, MO 64150
Phone # (816) 741-3993
Fax # (816) 746-8349
(g) Lessee's Notice Address (Section
19):
Robert Gieseke
Gieseke Farms
5406 North Northwood
Kansas City, MO 64151
Phone #: (816) 741-6844
Fax #: (816) 741-0782
(h) Lessee's Trade Name (if any):
(i) State of Incorporation of Lessee (if
corporation):
(j) Minimum Insurance Coverage
As shown on attached Exhibit A, which is
hereby fully incorporated and made a
part hereof. The Premises are located in
or near the City of Riverside, County of
Platte, State of Missouri.
The date above written, which is the date
of full execution hereof.
December _, 2012
Month-to-month
$56.09 PER Harvestable Acre per year,
payable semiannually on the first of July
and the first of November.
WITH A COPY OF ALL NOTICES TO:
Joe Bednar
Spencer Fane Britt & Browne LLP
1000 Walnut Street, Suite 1400
Kansas City, MO 64106
Phone # (816) 474-8100
Fax # (816) 474-3216
Gieseke Farms
N/A
Specified in Section 25
Maintained by Lessee:
(k) Harvestable Acre(s)
2. LEASE
IDA RESOLUTION 2013-003
Each acre of the Premises which is actually
farmed or used for farming purposes (ex.
Acres cultivated or used for pasture).
The IDA leases to Lessee and Lessee accepts a Lease from the IDA of the Premises as
shown and/or described on the map attached at Exhibit A and made a part hereof (the
"Premises").
3. PERMITTED USES AND CONDITIONS
The Lessee shall use the Premises for cultivation and/or pasturage, provided that Lessee
shall provide to the IDA at least forty-five (45) days prior written notice before planting any
crops (such notice shall specify the anticipated planting day and anticipated harvesting time
for each crop planted), and for no other purpose or use.
4. TERM
The term of this Lease shall be from month-to-month, commencing on the Commencement
Date. This Lease shall be automatically extended on a month-to-month basis until terminated
pursuant to the provision hereof.
5. RENT
(a) Lessee shall pay the IDA at the offices of the IDA as rent for the Premises, the
Rent, payable semi-annually. The Rent shall be paid on the dates provided in Section 1(e),
and each semiannual period thereafter. The payment of Rent in advance shall not covert this
Lease to a term other than month-to-month. Upon termination of this Lease, any advance
rent ("Advance Rent") paid will be refunded according to Section 15 below.
(b) If Lessee does not pay to the IDA the Rent, or any other amounts due the IDA
which are provided for herein ("Additional Rent") for a period of ten (10) days from the day
when the same shall have been due and payable, then Lessee, in addition to any other
remedies available to the IDA, shall pay a service charge at the rate of one and one half
percent (1.5%) per month (or at the legal maximum in the jurisdiction in which the Premises
are located whichever is less) on any outstanding unpaid balance; provided, however, that
such service charge shall in no event, be less than twenty-five dollars ($25.00) for any month
or portion thereof, and provided that an initial service charge of twenty-five dollars ($25.00)
shall be payable to the IDA by Lessee for each such separate bill, tax or fee which the IDA
bills to Lessee pursuant to the last sentence of Section 6 below.
6. TAXES AND ASSESSMENTS
(a) The IDA will pay all real estate taxes and assessments assessed against the
real property and against any improvements owned by the IDA. Lessee will submit to the IDA
within ten (10) days after receipt by Lessee, any invoices for real estate or other taxes
assessed against any improvements owned by the IDA.
IDA RESOLUTION 2013-003
(b) Lessee will timely pay to the taxing authority all taxes assessed against any
improvements constructed or owned by Lessee, or any trade fixtures or other property of
Lessee, real or personal, located on the Premises, even though such taxes or other charges
may not become due and payable until after cancellation of this Lease.
(c) In case of nonpayment of rent, taxes or other charges, the same shall until
paid, at the election of the IDA, constitute a lien on any buildings or other property owned by
Lessee on the Premises, foreclosable according to law. Lessee shall not remove said
property until said rental, taxes, fees or other charges have been paid, unless directed to do
so by the IDA. The IDA may, at the IDA's option, pay on behalf of Lessee any unpaid rent,
taxes or other charges otherwise payable by Lessee and Lessee shall reimburse the IDA for
such payment as Additional Rent subject to Section 5(b).
7. UTILITIES AND FEES
Lessee agrees to pay all charges which are or can be separately metered or billed to Lessee,
including but not limited to charges for light, heat, water, sewer, garbage and all other utilities
and services to the Premises during the term of this Lease. Lessee shall cause all such
charges to be metered to and/or billed to Lessee by the provider. All other items, including all
license fees and other governmental charges (except property taxes and assessments which
will be handled pursuant to the provisions in Section 6) will be paid directly by Lessee, failing
which the IDA may pay and bill Lessee, as Additional Rent, subject to Section 5(b ).
8. ASSIGNMENTS AND SUBLETTING
Neither Lessee nor any heir, executor, administrator, receiver, master, trustee, sheriff or other
assignee by operation of law shall assign or sublet this Lease or any interest therein, or grant
a security interest in any buildings or improvements on the Premises.
9. PRIOR IMPROVEMENTS AND PRIOR CLAIMS
Lessee acknowledges that some portions of the Premises are not available for farming due to
the construction of certain improvements, more specifically roads and/or easements over
portions of the Premises. This Lease is made subject to such improvements and the rights
granted therewith.
This Lease is also granted subject to any and all ordinances, laws and regulations and all
other leases, licenses, and permits affecting said Premises heretofore granted by the IDA or
its predecessors, and not previously terminated. If the Premises are subsequently found to be
subject to a prior claim, this Lease shall terminate immediately on notice to that effect from
the IDA, and rental refund, if any, will be made pursuant to Section 15. Lessee accepts this
Lease subject to that possibility.
10. CONDITION, MAINTENANCE AND ALTERATION OF PREMISES
(a) It is understood that Lessee has inspected the premises and that, based upon
that inspection, Lessee accepts the Premises, including any improvements, "AS IS". The IDA
is not obligated by this Lease to make any changes, removals, or repairs of any kind. Lessee
represents that it has inspected the Premises and that Lessee is leasing the Premises as a
result of its inspection and investigation and not because of any representations made by the
IDA or its agents, and that, to the best of Lessee's knowledge and belief, the Premises, at the
time the Lease was entered into, were reasonably free from soil and/or ground water
IDA RESOLUTION 2013-003
contamination or other pollution -induced conditions, and the condition of the Premises
appeared to the Lessee to meet all federal, state and local laws, ordinances, codes and
regulations designed to prevent or control the discharge of substances into the land, air and
water. Lessee acknowledges that neither the IDA nor the IDA's agent has made any
representation or warranty as to the present or future suitability of the Premises for the
conduct of Lessee's business.
(b) Lessee shall not make any alterations, improvements or additions in or to any
improvements without the prior written consent of the IDA.
(c) Lessee, at its sole cost and expense, will control all noxious weeds whenever
weed control measures are required by law or regulation. Not less than three times between
the months of June and September, Lessee shall mow any areas of the Premises not under
cultivation.
(d) Lessee agrees to keep in good condition and repair any and all necessary and
lawful drainage ditches which may be around said Premises or any portion thereof during the
term of this Lease and to save and hold the IDA harmless of and from any and all costs,
charge, expense, penalty or damages by reason of any failure by Lessee to promptly comply
with any lawful requirements in respect to keeping in repair of any drainage ditches on said
Premises during the term hereof.
(e) No shrubbery, trees, or vegetation of high growth shall be planted or cultivated
by Lessee upon said Premises.
(f) Lessee shall not cut or remove any tree now growing on said Premises without
the prior written consent of the IDA.
11. NUISANCE
Lessee shall not permit the existence of any nuisance on the Premises; shall keep the
Premises in clean and safe condition and free of any explosive, flammable or combustible
material which would increase the risk of fire, except such material necessary to Lessee's or
any permitted sub -Lessee's Permitted Use, which material shall be handled, used and stored
in compliance with applicable law pertaining to such substances; shall not handle or store any
dangerous or potentially dangerous materials or any hazardous or toxic materials, as defined
under state or federal laws.
12. ENVIRONMENTAL CONCERNS
Lessee shall not create or permit any condition on the Premises that could present a threat to
human health or to the environment. Lessee shall indemnify and hold harmless the IDA and
its affiliates from any suit or claim growing out of any damages alleged to have been caused,
in whole or in part, by an unhealthy, hazardous or dangerous condition caused by, contributed
to, or aggravated by Lessee's or sub -Lessee's violation of any law, ordinances, regulations or
requirements pertaining to solid or other wastes, chemicals, oil and gas, toxic, corrosive, or
hazardous materials, air water (surface or ground water) or noise pollution, and the storage,
handling, use or disposal of any such material. Lessee shall bear the expense of all practices
or work, preventative or remedial, which may be required because of any condition of the
Premises caused or permitted by Lessee or any sue of the Premises by Lessee or those
claiming by, through or under Lessee, during Lessee's period of occupancy or during
IDA RESOLUTION 2013-003
Lessee's ownership or use prior to the date of this Lease. Lessee expressly agrees that the
indemnification and hold harmless obligations it hereby assumes shall survive cancellation of
this Lease. Lessee agrees that statutory limitation periods on actions to enforce these
obligations shall not be deemed to commence until the IDA discovers any such health or
environmental impairment and Lessee hereby knowingly and voluntarily waives the benefits
of any shorter limitation period.
The IDA shall have the right, but not the duty, to enter upon the Premises from time to time as
set forth below to inspect the Premises for environmental contamination and in the course
thereof to conduct soil and ground water testing. IDA may enter the Premises during regular
business hours of Lessee without prior notice, and may enter the Premises during periods
other than regular business hours either with prior written consent of Lessee or without if the
IDA reasonably believes that an emergency exists on the Premises. The IDA shall conduct
any such inspections or testing so as to minimize interference with Lessee's business
operations. The IDA's entry on the Premises pursuant to this paragraph shall not relieve the
Lessee's obligation to pay rent under this Lease.
13. COMPLIANCE WITH LAW
Lessee shall comply with all federal, state, local and police requirements, regulations,
ordinances and laws respecting the Premises and the activities of Lessee conducted thereon.
Lessee shall pay any costs associated with such compliance.
14. INDEMNITY
(a) Lessee shall indemnify, defend, and hold the IDA and its officers, employees,
agents and contractors, and the IDA's property, including the Premises, harmless against and
from all claims (including without limitation, actions, demands, expense, costs, attorney's
fees, court costs and judgments) for death of or injury to persons whomsoever or loss or
destruction of or damage to property whatsoever occurring on the Premises or in any way
arising out of or caused or contributed to by the Lessee's presence on or use of the Premises
hereby leased, except when such claims are caused by the sole gross negligence of the IDA.
(b) Lessee shall and does hereby assume all risk of loss or destruction of or
damage to any property of Lessee brought upon or into the Premises and to any property
belonging to others brought and held upon the Premises by Lessee or others; and Lessee
hereby releases and agrees to indemnify and hold harmless the IDA from all claims arising
from such loss, destruction and damage.
(c) Lessee also assumes all risk of loss or damage to animals escaping either
from said premises or from its adjacent lands to any other property or land owned by the IDA.
Lessee also agrees to keep the Premises clear of combustible materials.
(d) The provisions of this Section shall survive the termination of this Lease.
15. TERMINATION
(a) If Lessee shall default in any of its covenants or agreements, and such default
shall not be remedied or corrected (or in the IDA's sole judgment an appropriate remedy or
correction has not effectively commenced) within ten (10) days after written notice by the IDA
to Lessee of such default, then this Lease may be terminated by the IDA immediately by
giving notice of termination to Lessee.
IDA RESOLUTION 2013-003
(b) Either party may cancel this Lease at will with thirty (30) days advance written
notice to the other party at the other party's Notice Address as provided for in Sections I(g)
and I(h).
(c) Unless the IDA provides Lessee advance written notice otherwise, Lessee is
obligated, on termination of this Lease, at Lessee's sole cost and expense, to remove or
cause to be removed, any lessee improvements, including, but not limited to any fences
erected on the Premises located on, above or below the surface of the Premises. Lessee also
agrees to restore and level the Premises to a condition reasonably satisfactory to the IDA.
(d) Lessee acknowledges and agrees that upon termination of this Lease by the
IDA, Lessee shall have no right to receive, and IDA shall have no obligation to pay, any
relocation benefits or fees.
(e) In the event the IDA terminates this Lease pursuant to Section 15(b) or in the
event IDA takes possession of any portion of the Premises, and provided that Lessee is not in
default under any requirements of this Lease, IDA shall do the following:
(i) If the termination occurs during a period in which the land has been
planted and not yet harvested, the IDA shall pay damages for land taken based on the
number of Harvestable Acres actually planted times the county average yield in bushels for
non -irrigated farm land times the market value being paid on the date of normal seasonal
harvesting of the year in which termination or taking occurs. The IDA and Lessee hereby
acknowledge that any amount paid under this formula shall be the full and sufficient
settlement of any claim for damages related to such termination; or
(ii) If the termination occurs during a period in which the land has not been
planted or is under cultivation, the refund of prepaid rent, if any, shall be pro -rated.
(0 If the Lessee terminates this Lease, either by default pursuant to Section 15(a),
or by notice to the IDA pursuant to Section 1 5(b), no refund of any rent paid shall be made,
and the IDA shall have the option to require Lessee, at Lessee's expense, to plant suitable
ground cover (i.e. grass) to prevent erosion and control weed growth prior to redelivering the
Premises to the IDA.
(g) Should Lessee fail to timely remove any Lessee improvements as required to
be removed by Lessee by this Section, Lessee grants the IDA the absolute right to keep,
convey, destroy or otherwise dispose of the Lessee improvements in any manner the IDA
chooses, and in addition, Lessee agrees to pay any costs incurred by the IDA in doing so
within ten (10) days of receipt of the IDA's statement therefor, as Additional Rent, subject to
the provisions of Section 5(b).
(h) The provisions of this Section 15 shall survive the termination of this Lease.
16. CONDEMNATION
(a) If all or any part of the Premises is subjected to taking under eminent domain
law, this Lease shall terminate from the time possession is taken by the condemning entity.
Prepaid rentals will be prorated and the unearned rental returned to Lessee. Lessee agrees
that it is not entitled to, and hereby disclaims, any award made for such taking, excepting only
an award issued solely and expressly to compensate for the taking of tangible personal
property owned by Lessee.
IDA RESOLUTION 2013-003
(b) Lessee acknowledges that Lessee has no interest in any award granted for
any loss of the right to use or lease the Premises, and expressly waives any claim Lessee
may have to share in such an award.
17. COSTS AND ATTORNEY'S FEES
If by reason of any default or breach on the part of either party in the performance of any of
the provisions of this Lease, it becomes necessary to retain an attorney, or use retained
counsel, and expend fees as a result of the other party's breach, then the breaching party
agrees to pay all reasonable costs and attorney's fees in connection therewith.
18. RIGHT OF RE-ENTRY
The IDA reserves the right to re-enter the Premises at any time during this Lease without
extinguishing the Lessee's obligation to pay rent.
19. NOTICES
(a) Any notice, election or other correspondence required or permitted pursuant to
this Lease shall be deemed to have been properly given when made in writing and effective
when delivered personally to the party to whom directed, or when deposited in the United
States mail, certified, with all necessary postage or charges fully prepaid, return receipt
requested and addressed to the party to whom directed at this Notice Address specified in
Section I (g) or I(h).
(b) Either party hereto may change its address for the purpose of receiving notices
or communications hereunder by furnishing notice thereof to the other party in compliance
with this section.
20. SEVERABILITY
Unless otherwise provided, or unless the context shall otherwise require, words importing the
singular number shall include the plural number, words importing the masculine shall include
the feminine gender, and vice versa. If any provisions of this Lease or any application hereof
shall be found to be invalid or unenforceable, for any reason, the remainder of this Lease and
any other application of such provision shall not be affected thereby.
21. ENTIRE AGREEMENT
This Lease represents the entire agreement between the parties and supersedes all other
agreements and representations made prior hereto. No amendment hereof shall be binding
on either party unless and until approved in writing by both parties.
22. GOVERNING LAW
This Lease shall be governed and construed in accordance with the laws of the State of
Missouri.
23. HEADINGS
The heading of each section of this Lease is for convenience only and it shall not be deemed
a construction of intent of any such section.
IDA RESOLUTION 2013-003
24. BINDING EFFECT
This Lease shall inure to the benefit of and be binding upon the parties and their heirs,
executors, administrators, successors and permitted assigns.
25. INSURANCE
(a) Lessee shall obtain and maintain a Public Liability Insurance policy or
certificate together with a Contractual Liability Endorsement under the terms of which the
insuring agreements of the policy are extended to cover the liability assumed by Lessee
under this Lease and under which the IDA is a named insured. The Public Liability Insurance
shall provide for a limit of not less than ONE MILLION DOLLARS ($1,000,000.00) for all
damages arising out of the bodily injuries or death of one person, and, subject to that limit for
each person, a total limit of not less than ONE MILLION DOLLARS ($1,000,000.00) for all
damages arising out of bodily injuries or death of two or more persons in any one accident.
(b) Lessee shall provide to the IDA a certificate evidencing the insurance required
by this Section on the Commencement Date, and subsequently with Lessee's annual rent
payment each year thereafter, or as the IDA may reasonably request from time to time.
(c) In the event Lessee fails to obtain or maintain any or all of the above policies,
the IDA may obtain and maintain the same at Lessee's expense, and Lessee shall reimburse
the IDA for such expense within ten (10) days of receipt of any invoice, and such expense.
(d) It is understood and agreed that Lessee shall cause the insurance policy
provided for herein to be so written that the insurance company shall not have recourse
against the IDA, by way of subrogation or otherwise, for any loss covered by or paid or
payable under said policy, and that the insurance company shall provide the IDA with thirty
(30) days' notice prior to termination of said policy. Unless otherwise consented to by the IDA
in writing any company issuing the insurance required by this Section shall have a Best's
rating of A VII or better.
26. INTERPRETATION
This Lease shall be construed and interpreted in accordance with laws of the State of
Missouri. This Lease constitutes the entire agreement between the parties with respect to the
subject matter hereof. Enforceability, invalidity or illegality of any provision shall not render
the other provisions unenforceable, invalid or illegal.
27. RESERVED RIGHTS
(a) The IDA reserves the right to construct, maintain and operate, or to permit to
be constructed, maintained and operated by others, any pipe, cable, telegraph, telephone or
power transmission line upon, over, across or beneath said Premises; and to enter upon or
allow others to enter upon any portion of said Premises to remove earth, sand and gravel
therefrom, or for any other purpose.
(b) The IDA reserves the right to erect or allow to be erected and maintained such
snow fences as it may see fit upon any part of said Premises as fully as if this Lease had not
been granted.
IDA RESOLUTION 2013-003
(c) The IDA reserves the exclusive right to erect signboards, and to permit others
to erect signboards, on said Premises at any time during the term of this Lease without
payment of any sum, whether as consideration or damages, to Lessee.
(d) It is specifically agreed that the IDA may enter upon and use the demised
Premises at any time, for the purpose of obtaining ingress to or egress from facilities or other
lands the IDA, and the IDA shall not be liable for any damages to Lessee for destruction of
crops or grass, or otherwise, as a result thereof, provided the IDA reasonably minimizes the
loss or damage to crops necessary to provide such access.
28. ADJACENT PREMISES
Lessee expressly agrees that it shall apply all of the terms, conditions, covenants and
promises herein contained to any land or property adjacent to the Premises ("Adjacent
Premises") which Lessee may occupy in all respects as though the Adjacent Premises had
been specifically described herein.
29. DEFAULT
Should Lessee fail to perform any of the agreements aforesaid, the IDA may terminate this
Lease without notice, and in that event, unless the IDA requires Lessee to remove the same
pursuant to this Lease, all fences and/or other Lessee improvements on said Premises shall
become the property of the IDA.
IN WITNESS WHEREOF, this Lease has been fully executed the day and year first above
written.
"IDA" "LESSEE"
THE INDUSTRIAL DEVELOPMENT ROBERT W. & LILLIE MARIE GIESEKE
AUTHORITY OF THE CITY OF RIVERSIDE
By: By:
Leland Finley, Vice President
Robert W. Gieseke
By:
Lillie Marie Gieseke
SSN #: 497-36-4600
STATE OF MISSOURI
) ss.
COUNTY OF PLATTE
IDA RESOLUTION 2013-003
I certify that I know or have satisfactory evidence that Leland Finley signed this instrument
and acknowledged it as the Vice President of The Industrial Development Authority of the City
of Riverside, Missouri to be the free and voluntary act of such party for the uses and purposes
mentioned in the instrument.
DATE:
NOTARY PUBLIC
My Commission Expires:
IDA RESOLUTION 2013-003
STATE OF MISSOURI )
) ss.
COUNTY OF PLATTE )
I certify that I know or have satisfactory evidence that Robert W. Gieseke and Lillie Marie
Gieseke signed this instrument and acknowledged it to be their free and voluntary act for the
uses and purposes mentioned in the instrument.
DATE:
NOTARY PUBLIC
My Commission Expires: