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HomeMy WebLinkAbout2012-04-10 IDA PacketTHE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF RIVERSIDE, MISSOURI Board of Directors Notice of Meeting Notice is hereby given that the Board of Directors of The Industrial Development Authority of the City of Riverside, Missouri will conduct a meeting at 6:00 p.m. on Tuesday, April 10, 2012, 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: February 13, 2012 4. NEW BUSINESS A. RESOLUTION 2012-007: A Resolution Authorizing the Execution and Delivery of a Cross Access Agreement Between Lot 4 and Lot 5 in Riverside Horizons East First Plat and Authorizing Other Actions in Connection Therewith. B. RESOLUTION 2012-008: A Resolution Approving and Authorizing Execution of the Replat of Lot 13, Riverside Horizons East First Plat. C. RESOLUTION 2012-009: A Resolution Authorizing an Allocation of Levee District Assessments Attributable to Lot 13 Riverside Horizons East First Plat Together with the Execution and Delivery of Documents and Actions Relating Thereto. D. RESOLUTION 2012-010: A Resolution Authorizing the Execution and Transfer of a Temporary Construction Easement in Connection with the Construction of Mattox Road and Authorizing other Actions in Connection Therewith. 5. ADJOURNMENT Posted by: Sarah Wagner, Community Development Date: April 9, 2012 Time: 5:00 p.m. MINUTES REGULAR MEETING THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF RIVERSIDE, MISSOURI Monday, February 13, 2012 6:00 p.m. The Industrial Development Authority of the City of Riverside, Missouri, met in regular session at City Hall, 2950 NW Vivion Road, Riverside, Missouri. President Pam Darata called the meeting to order at 6:00 p.m. Answering roll call were Pam Darata, Leland Finley, Harold Snoderley, and Cy Houston. Absent was Wayne Snyder. Also present: Nancy Thompson City Attorney and Sarah Wagner Community Development. Approval of Minutes from February 6, 2012 Resolution 2012-004: A Resolution authorizing the execution and transfer of an infrastructure easement in connection with the construction of a sanitary sewer main and authorizing other actions in connection therewith. Resolution 2012-005: A Resolution approving and authorizing execution of covenants and restrictions related to Horizons Business Park. Resolution 2012-006: A Resolution authorizing the execution and transfer of an amended access easement to provide vehicular access to a sanitary sewer pump station. Adjournment Cy Houston moved to approve the minutes from February 6, 2012. Leland Finley seconded and the motion passed 4-0. Nancy Thompson introduced Resolution 2012-004: A resolution authorizing the execution and transfer of an infrastructure easement in connection with the construction of a sanitary sewer main and authorizing other actions in connection therewith. Cy Houston moved to approve Resolution 2012-004. Leland Finley seconded and the motion passed 4-0. Nancy Thompson introduced Resolution 2012-005: A resolution approving and authorizing execution of covenants and restrictions related to Horizons Business Park. Cy Houston moved to approve Resolution 2012-005. Leland Finley seconded and the motion passed 4-0. Nancy Thompson introduced Resolution 2012-006: A Resolution authorizing the execution and transfer of an amended access easement to provide vehicular access to a sanitary pump station. Cy Houston moved to approve Resolution 2012-006. Leland Finley seconded and the motion passed 4-0. Cy Houston moved to adjourn the meeting, seconded by Harold Snoderley. The motion passes 4-0 and the meeting was adjourned at 6:12 p.m. IDA Resolution 2012-007 IDA RESOLUTION NO. 2012-007 A RESOLUTION AUTHORIZING THE EXECUTION AND DELIVERY OF A CROSS ACCESS AGREEMENT BETWEEN LOT4 AND LOT 5 IN RIVERSIDE HORIZONS EAST FIRST PLAT AND AUTHORIZING OTHER ACTIONS IN CONNECTION THEREWITH. Pursuant to the provisions of Chapter 349, RSMo., as amended, the Board of Directors of The Industrial Development Authority of the City of Riverside, Missouri (the "IDA"), hereby adopt this Resolution and direct that this Resolution be filed with the official IDA minutes: WHEREAS, the IDA desires to enter into an agreement with Horizons Industrial I, LLC to provide a Cross Access Easement over a portion of Lot 5 owned by the IDA; 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 Cross Access Agreement between the IDA and Horizons Industrial I, LLC is hereby approved in substantially the form attached as Exhibit A and the President or Vice President are hereby authorized to enter into, execute and deliver and the Secretary or the Assistant Secretary are hereby authorized to attest, such document with such changes therein as shall be approved by the official of the IDA executing such document, such official's signature thereon being conclusive evidence of such official's approval and the IDA's approval thereof. FURTHER THAT the President, Vice -President, Secretary, Assistant Secretary and other appropriate officers and agents of the IDA are hereby authorized to take such further actions and execute such other documents as may be necessary or desirable to carry out and comply with the intent of this Resolution. FURTHER THAT this Resolution shall be in full force and effect from and after its adoption. ADOPTED THIS DAY OF , 2012. This Resolution was adopted at the meeting of the Board of Directors of the IDA duly called and held this date. Pamela J. Darata, President (SEAL) ATTEST: Secretary IDA Resolution 2012-007 EXHIBIT A For recording purposes only: Title of Document: Cross Access Easement Agreement Date of Document: April , 2012 Grantor(s): The City of Riverside, Missouri and The Industrial Development Authority of the City of Riverside, Missouri Grantee(s): The City of Riverside, Missouri and The Industrial Development Authority of the City of Riverside, Missouri Grantee(s) Mailing Address: 2950 NW Vivion Road, Riverside, Missouri 64150 Legal Description: Lots 4 and 5, Riverside Horizons East First Plat, Riverside, Missouri {32159 / 65681; 380101.3} Reference Book and Page(s): N/A PLEASE RETURN RECORDED DOCUMENT TO: City Administrator City of Riverside, Missouri 2950 NW Vivion Road Riverside, Missouri 64150 CHAR2\1202836v4 2 CROSS ACCESS AND EASEMENT AGREEMENT THIS CROSS ACCESS EASEMENT AGREEMENT (this "Agreement") is made this day of April, 2012, by and between The City of Riverside, Missouri, a municipal corporation ("City") and The Industrial Development Authority of the City of Riverside, Missouri (the "IDA") ) with an address of 2950 NW Vivion Road, Riverside, Missouri 64150 as both Grantor and Grantee of the easements and rights described herein. RECITALS: A. City is the owner in fee simple of certain real property now legally described as Lot 4 of Riverside Horizons East First Plat ("Lot 4"). B. IDA is the owner in fee simple of certain real property now legally described as Lot 5 of Riverside Horizons East First Plat ("Lot 5"). C. City and IDA desire to enter into this Agreement in order to provide for mutual access for the benefit of Lot 4 and Lot 5 in accordance with the terms and provisions set forth in this Agreement with respect to Lots 4 and 5, Riverside Horizons East First Plat (the "Plat"). D. Lot 4 and Lot 5 maybe collectively referred to herein as the "Lots", each owner of a Lot may be referred to as an "Owner" or a "Lot Owner" and the owners of the Lots may be collectively referred to herein as the "Owners" or the "Lot Owners"). E. Immediately after the recording of this Agreement, it is contemplated that the City will convey Lot 4 to Riverside Horizons, LLC, a Missouri limited liability company, which will thereafter convey Lot 4 to Horizons Industrial I, LLC, a Delaware limited liability company ("Horizons Industrial"), and Horizons Industrial contemplates constructing warehouse improvements on Lot 4 (the "Lot 4 Improvements"). {32159 / 65681; 380101.3} F. In connection with the connection of the Lot 4 Improvements, Horizons Industrial will be paving not only a portion of Lot 4 as legally described on Exhibit A (the "Lot 4 Access Drive Easement Area") but also a portion of the Lot 5 as legally described on Exhibit B (the "Lot 5 Access Drive Easement Area"), and Horizons Industrial and its invitees will be using the Lot 5 Access Drive Easement Area for maneuvering of trucks as they enter the parking area of Lot 4. AGREEMENT: NOW, THEREFORE, in consideration of the recitals, the covenants and agreements contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, City grants as follows: Section 1. herein by reference. Recitals. The recitals set forth above are true and correct and are incorporated Section 2. Grant of Access Easements. (a) City as the Owner of Lot 4, hereby grants, declares and establishes to and for the benefit of IDA its successors and assigns, as an appurtenance to Lot 5, a perpetual, non-exclusive right and easement for pedestrian and vehicular ingress and egress in, to, upon, over and across the Lot 4 Access Drive Easement Area, to have and to hold such easement unto IDA, its successors and assigns, subject, however, to the terms of this Agreement. (b) IDA, as the Owner of Lot 5, hereby grants, declares and establishes to and for the benefit of City, its successors and assigns, as an appurtenance to Lot 4, a perpetual, non-exclusive right and easement for pedestrian and vehicular ingress and egress in, to, upon, over and across the Lot 5 Access Drive Easement Area, to have and to hold such easement unto City, its successors and assigns, subject, however, to the terms of this Agreement. The Lot 4 Access Drive Easement Area and the Lot 5 Access Drive Easement Area will be collectively referred to herein as the "Access Drive" or the "Access Drive Easement Areas". (c) City, as the owner of Lot 4 and IDA as the owner of Lot 5, hereby grants, declares and establishes to and for the benefit of City and IDA, and their successors and assigns, for the benefit of each of Lot 4 and Lot 5 and burdening each of Lot 4 and Lot 5 perpetual, non- exclusive rights of access for vehicular and pedestrian traffic across the Lots over only those the portions of Lots 4 and 5 that are designed and constructed for pedestrian and vehicular passage way and are generally open for such usage to allow access to Lot 4 and Lot 5 at those points which are from time to time open for pedestrian and vehicular access, ingress and egress between and across the Lots. No parking easements or rights {32159 / 65681; 380101.3} 2 are granted by this Agreement. No access, ingress or egress rights to any building or other improvements or structure constructed on a Lot is granted hereby. (d) The Owner of each of Lot 4 and/or Lot 5, may modify, restrict, alter or change any driveways providing access, ingress or egress on, over or across Lot 4 and Lot 5 without first obtaining the prior written consent of the owner of the other tract, provided that nothing shall allow either the Owner of Lot 4 or Lot 5 to alter their respective portions of the Access Drive without the consent of the other. (e) The intent of this Section 2 is to allow the free vehicular and pedestrian access over and across the Access Drive from 41st and 43rd Street (as shown on the Plat) to and from Lot 4 and Lot 5. Accordingly, the Owners agree that no building, wall or other structural barrier of any kind may be located upon the Access Drive other than during periods of maintenance, repair or replacement. The Owners shall not allow vehicles or equipment to park or stand within the Access Drive. (f) Each Owner reserves the non-exclusive right to use such portions of the Access Drive as are located on such Owner's property for any purpose not inconsistent with the rights granted to the other Owners hereunder, including but not limited to the right to install subterranean utilities within the Access Drive. Each Owner shall provide fifteen (15) days advanced written notice to the non -installing Owner(s) about the intent of Owner to install subterranean utilities. Further, all such non-exclusive use of the Access Drive shall be done in such a manner as to limit and minimize interference with the use of the Access Drive by the non -installing Owner(s), and further the Owner performing any such work shall be responsible for all actual direct and indirect costs, expenses and losses associated with said installations, including but not limited to non -installing Owner's utility interruptions and landscaping disturbances, and further any damage to any non -installing Owner's property shall be promptly repaired at the sole cost and expense of the Owner performing any such work. Section 3. Grant of Access Easements for Construction. Each Owner hereby grants to the other Owner (the "Constructing Owner") an easement for access to the Access Drive Area on its Lot for purposes of constructing, developing, paving, installing and maintaining the Access Drive prior to buildings being constructed on both Lots, it being the intent of the Owners that the Constructing Owner may construct, develop, pave, install and maintain the Access Drive on its Lot and in the Access Drive Easement Area on the adjacent Lot (an "Adjacent Easement Area") when such Constructing Owner will have the need to utilize the Access Drive Easement Areas but such Access Drive has not been constructed or installed by the Owner of the adjacent Lot (the "Adjacent Owner") on the Adjacent Easement Area. In the event that a Constructing Owner constructs, develops, paves, installs or maintains the Access Drive in the Adjacent Easement Area, the Adjacent Owner agrees to reimburse the Constructing Owner for the costs and expenses incurred by the Constructing Owner for constructing, developing, paving, installing and maintaining the Access Drive in the Adjacent Easement Area (including, without limitation, all expenses incurred for labor (including the reasonable costs of salaries and other costs or fringe benefits of persons actually employed by the Constructing Owner to perform such work), services, equipment, supplies and materials used in performing such work), in the case of {32159 / 65681; 380101.3} 3 such construction on the Lot 4 Access Drive Easement Area, upon any sale or other transfer of Lot 4, and in the case of such construction on the Lot 5 Access Drive Easement Area, upon any sale or other transfer of Lot 5 by the IDA to a third party other than the City, or, if the IDA first transfers Lot 5 to the City, upon any sale or other transfer of Lot 5 by the City to a third party, and such costs and expenses, and any and all other fees and other costs recoverable by the paying Owner hereunder in connection therewith, shall be a charge upon the Adjacent Owner's Lot and shall be secured by a lien upon such Lot in favor of the Constructing Owner, and upon any such sale or other transfer, the Constructing Owner may bring an action at law against the Adjacent Owner to enforce such personal obligation to reimburse the Constructing Owner for such costs and expenses, and such other fees and costs (including interest from the date of such sale or other transfer at the lesser of (a) fifteen percent (15%) per annum, and (b) the maximum rate of interest allowed under the laws of the State of Missouri), or to foreclose the lien against such Lot. Section 4. Damage to and Maintenance of Access Drive. Any damage to the Access Drive caused by a Lot Owner or its agents, employees, servants or invitees shall be repaired at the cost of such Lot Owner. (a) Except as set forth in the first sentence of this Section 4, the Owner of the Lot 4 Access Drive Easement Area shall be responsible for all maintenance, repair and replacement of the Lot 4 Access Drive Easement Area. Except as set forth in the first sentence of this Section 4, the Owner of the Lot 5 Access Drive Easement Area shall be responsible for all maintenance, repair and replacement of the Lot 5 Access Drive Easement Area. (b) Each Owner shall maintain its respective portion of the Access Drive at all times in good and clean condition and repair in a quality and condition comparable with similar commercial developments in Platte or Clay County, Missouri. Such maintenance ("Maintenance") shall include, without limitation, the following: (i) Maintaining, repairing and resurfacing, when necessary, all paved surfaces of the respective Access Drive Easement Areas in a level, smooth and evenly covered condition with the type of surfacing material originally installed or such substitute as shall in all respects be equal or superior in quality, use and durability; and restriping, when necessary. (ii) Removing all snow, papers, debris, filth and refuse and sweeping the area to the extent reasonably necessary to keep the Access Drive Easement Area in a clean and orderly condition. (iii) Maintaining, repairing and replacing, when necessary, all respective Access Drive Easement Area traffic directional signs, markers and lines, {32159 / 65681; 380101.3} 4 (iv) Operating, maintaining, repairing and replacing, when necessary, such artificial lighting facilities as shall be reasonably required along the respective Access Drive Easement Area. (v) Performing itself or contracting with a third party or parties to perform any of the services described herein. (c) During such time as a building has been constructed on only one of the Lots and only one Owner is using the Access Drive Easement Areas, the Owner of such developed Lot utilizing the Access Drive Easement Areas shall pay all costs of Maintenance whether on the Access Drive located on its Lot or on the portion of the Access Drive located on the adjacent Lot. Once a building is constructed on both Lots, all costs of maintenance and repair shall be as set out above in Section 4(a). Section 5. Right to Maintain the Access Drive. In the event any Owner fails to maintain the Access Drive Easement Area on its Lot (the "Defaulting Owner") in accordance with this Agreement, any other Owner may, upon thirty (30) days written notice to the Defaulting Owner, repair or maintain the Defaulting Owner's Access Drive Easement Area. Anything to the contrary in this Agreement notwithstanding, in the event that an emergency condition should exist because of the failure of a Defaulting Owner to perform any of its obligations in accordance with this Agreement, any other Owner may immediately repair such Owner's Access Drive Easement Area. For the purposes of the preceding sentence, the phrase "emergency condition" shall mean any condition constituting an immediate risk of injury to person or serious damage to property. In the event an Owner repairs the Defaulting Owner's Access Drive Easement Area, the Defaulting Owner, pursuant to this section shall, within thirty (30) days after being invoiced therefore, reimburse the paying Owner for the cost of the Defaulting Owner's Access Drive Maintenance costs incurred by the paying Owner in the repair of the Defaulting Owner's Access Drive Easement Area, including all expenses incurred for labor (including the reasonable costs of salaries and other costs or fringe benefits of persons actually employed by the paying Owner to perform such work), services, equipment, supplies and materials used in performing such obligations. In the event that the Defaulting Owner fails to reimburse the paying Owner for such cost within such period of thirty (30) days, then such costs, together with interest from the date of delinquency at the lesser of (a) fifteen percent (15%) per annum, and (b) the maximum rate of interest allowed under the laws of the State of Missouri, and any and all other fees and other costs recoverable by the paying Owner hereunder in connection therewith, shall be a charge upon the Lot of the Defaulting Owner and shall be secured by a lien upon such Lot in favor of the paying Owner, and the paying Owner may bring an action at law against the Defaulting Owner to enforce such personal obligation to reimburse the paying Owner for such costs, interest, and other fees and costs, or to foreclose the lien against such Lot. Section 6. Insurance. Each Owner shall obtain liability insurance to protect itself from the claims of other parties with regard to the use of the Access Drive in amounts deemed reasonable to protect themselves, and no Owner shall be obligated to include any other party as a named insured in such policies. Each Owner ("Indemnifying Party") shall indemnify the other Owners ("Indemnified {32159 / 65681; 380101.3} 5 Party") for all costs, expenses and damages sustained by the Indemnified Party as a result of the Indemnifying Party's failure to meet the Indemnifying Party's obligations under this Agreement. Section 7. Attorneys' Fees and Costs. If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach or default in connection with any of the provisions of the Agreement, the prevailing party or parties shall be entitled to recover reasonable paralegal and attorneys' fees and other costs incurred in that action or proceeding, including those related to appeals in addition to any other relief to which it or they may be entitled. Section 8. Private Agreement. This Agreement does not and shall not be construed to grant any rights to the public in general. Section 9. Enforcement. Each party agrees to use all reasonable efforts to enforce the easements, rights and restrictions herein against its tenants, customers, licensees, guests and invitees, as applicable. Section 10. Binding Effect. The easements, rights and restrictions granted herein shall be appurtenant to and shall run with the Lot 4 and the Lot 5, as applicable, and shall be binding upon City and the IDA and their respective successors and assigns. Such easements, rights and restrictions shall inure to the benefit of the City and the IDA, as applicable, and its respective tenants, customers, invitees, licensees, successors and assigns. Section 11. Notices. All notices, demands and requests required or permitted to be given under this Agreement must be in writing and shall be deemed to have been given as of the date such notice is (i) delivered to the party intended, (ii) delivered to the then designated address of the party intended, or (iii) rejected at the then designated address of the party intended, provided such notice was sent prepaid certified mail, return receipt requested or by overnight courier providing for delivery against receipt. The initial addresses of the parties shall be: {32159 / 65681; 380101.3} 6 with a copy to: The City of Riverside, Missouri 2950 NW Vivion Road Riverside, Missouri 64150 The Industrial Development Authority of the Cit of Riverside, Missouri 2950 NW Vivion Road Riverside, Missouri 64150 White Goss Bowers March Schulte & Weisenfels a Professional Corporation 4510 Belleview Avenue, Suite 300 Kansas City, Missouri 64111 Attn: James C. Bowers, Jr. Section 12. Counterparts. This Agreement may be executed in multiple, separate counterparts. {32159 / 65681; 380101.3} [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 7 IN WITNESS WHEREOF, the parties hereto have executed this Agreement by authority duly given, as of the date first written above. ATTEST: ATTEST: {32159 / 65681; 380101.3} The City of Riverside, Missouri By: Name: Title: The Industrial Development Authority of the City of Riverside, Missouri By: Name: Title: STATE OF COUNTY OF ) ss On this day of March, 2012, before me appeared , to me personally known, who, being by me duly sworn, did say that he is the of the City of Riverside, Missouri and that said instrument was signed and sealed by authority of its City Council, and said officers acknowledges said instrument to be executed for the purposes therein stated and as the free act and deed of said City. My commission expires: STATE OF COUNTY OF Notary Public ) ss On this day of March, 2012, before me appeared , to me personally known, who, being by me duly sworn, did say that he is the of the Industrial Development Authority of the City of Riverside, Missouri and that said instrument was signed and sealed by authority of its , and said officers acknowledges said instrument to be executed for the purposes therein stated and as the free act and deed of said Industrial Development Authority of the City of Riverside, Missouri. {32159 / 65681; 380101.3} Notary Public My commission expires: {32159 / 65681; 380101.3} EXHIBIT A Lot 4 Access Drive Easement Area All that part of the Southwest Quarter of Section 5, Township 50 North, Range 33 West, in the City of Riverside, Platte County, Missouri, described as follows: COMMENCING at the Northwest corner of the Southwest Quarter of Section 5, Township 50 North, Range 33 West; thence South 0 degrees 28 minutes 55 seconds West along the West line of the Southwest Quarter of said Section 5 a distance of 1488.35 feet to a point; thence South 89 degrees 31 minutes 05 seconds East a distance of 1930.67 feet to the POINT OF BEGINNING; thence South 21 degrees 54 minutes 55 seconds West a distance of 871.79 feet to a point; thence North 68 degrees 05 minutes 05 seconds West a distance of 20.00 feet to a point; thence North 21 degrees 54 minutes 55 seconds East a distance of 871.79 feet to a point; thence South 68 degrees 05 minutes 05 seconds East a distance of 20.00 feet to the POINT OF BEGINNING, and containing 17,436 Square Feet or 0.400 Acres, more or less. {32159 / 65681; 380101.3} 4 A Sac 5, 75 0 3 Point of Commencing 0w. Sac i. T5aµ O33w Found PK N0A P a,@' Pipe Ian, nee (0oc. 000-0553) E RAN tine. _J Von 0. PapOlam Amd (Bea MI,Page 854) Sip Co. S71, 1/0 Frac. Sec. 4 750N, 033W Found 3/4' Bar er Manama! Bag From Aa0 Mac- a®00-00055) 1' = 200' -0' - 100 200 400 SCALE IN FEET E 193a, Point of eegmning 56505'05'E 2000. / clreac 17.4 17.438 80FY3 0.448 gores A / 0/,r / / / / / / 06805'08'W 20.00' 20'Pri.ta Access Easement FROJJECTNO. 3011-1. DATE. 01,0,42 B 20' Access Easement 131.111.111.98.1 V 1OLSSON EMBIT 5 {32159 / 65681; 380101.3} EXHIBIT B Lot 5 Access Drive Easement Area All that part of the Southwest Quarter of Section 5, Township 50 North, Range 33 West, in the City of Riverside, Platte County, Missouri, described as follows: COMMENCING at the Northwest corner of the Southwest Quarter of Section 5, Township 50 North, Range 33 West; thence South 0 degrees 28 minutes 55 seconds West along the West line of the Southwest Quarter of said Section 5 a distance of 1488.35 feet to a point; thence South 89 degrees 31 minutes 05 seconds East a distance of 1930.67 feet to the POINT OF BEGINNING; thence South 68 degrees 05 minutes 05 seconds East a distance of 20.00 feet to a point; thence South 21 degrees 54 minutes 55 seconds West a distance of 871.79 feet to a point; thence North 68 degrees 05 minutes 05 seconds West a distance of 20.00 feet to a point; thence North 21 degrees 54 minutes 55 seconds East a distance of 871.79 feet to the POINT OF BEGINNING, and containing 17,436 Square Feet or 0.400 Acres, more or less. {32159 / 65681; 380101.3} N Point of Commencing NW. @r., 5 W. I/4. Sas. S. T50N. R33W Found PN Non A 1.0" P¢e from The (Doc 000-61553) S680505"E 20.00' Paint of Rog1nnfng E. RAN line, Van 0r Pop4/ n Roof (gook Mt, Poor 934) SW. Coo., SW. 7/4, Frac Sea S, 75044 R53w Found 3/4" Bu- 4, Naownant Bar From Bea (Doc. 001-67015) A N j 0100 2�0' SCALE IN FEET SS9'31'o5t 1930.67 20'Prfooto Acceee / Alma: l 17,426 SgOt± 0.400 Acres /o W 4- ./.4v / / / / / / N6,995'05"W 20.00'' ORINOCO.): 2011.11511 IMAM MY'. A. DATE: 062002 20' Access Easement O\OLSSON .5 45 t ALT FAX 61.98-1.1IN EMOOF 6 {32159 / 65681; 380101.3} IDA RESOLUTION NO. 2012-008 A RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF THE REPLAT OF LOT 13, RIVERSIDE HORIZONS EAST FIRST PLAT WHEREAS, The Industrial Development Authority of the City of Riverside, Missouri desires to replat certain property owned by the Authority on the east 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 replat of Lot 13, Riverside Horizons East First Plat in substantially the same form as attached hereto as Exhibit "A" is hereby approved; FURHTER THAT, the President is hereby authorized to execute and deliver the replat of Lot 13, Riverside Horizons East First Plat 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 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 , 2012. Pamela J. Darata, President ATTEST: Sarah Wagner, Assistant Secretary Q:\Industrial Development Authority\2012 Meeting 04102012\IDA Reso 2012-008 Replat of Lot 13 Riverside Horizons East First Plat.doc SM 1/4 'I kLop!c SE V4 554 1/4.. Y1E 1{4 LOCATION MAP #1 0 W 5-50-33 & 8-50-33 Scale 1' = 2000' NE CW., SN 1/4 —1 Sectim 3 r.52+, 433w El* PN 11W h 15' Pipe SIV Co, SW 1/4 Seethe! 4 T5a4, 43TI' NP Car. NW 7/4 Section $ T5Q'4 1330' FM 3/4' Reba h Rcaard Yrrasnent Bax Metra Cc Ieed 5101702 80-56 (See Nate) SW Car., NM 0/4 Seclnn $ T3931, 83131F No manned fnmd LEGEND 5 M1 FINAL PLAT REPEAT OF LOT 13, RIVERSIDE HORIZONS EAST FIRST PLAT A SUBDIVISION IIS THE CITY OF RIVERSIDE, PLATTE COUNTY, MISSOURI 1110.54261V VAN DE POPULlERE ROAD 1,1 589'35'34T 83,71' 0,31' A Worn srCJI*N COMER A5 NOTED • SET 5/8' x 24' 18.44 PAIN ALWN1111 0112 11O CAP O SET I/2• x 24' REBAR 141 TN 0612 YO CAP 55/E SUP7ARY SEMER 045EYi8T 4glSI�;E .N7,�111 LOT 2 RIyER5t0F NO812045 EAST ;FIRST PLAT LOT 3 415T STREET 1486'4344'E 124.70' O !4351"- _ € Er. a 050 Be 433,Pe. Sed LOT1 184,170 S.F. 4.228 Acres ± S The. 5111/4. Seem., 4 7574 45318 N Lha NW 1/4 Seem., $ 5524, 433* Northwest Plot Corner Deto3 (Not to Scale) 35100' 2c2AS7' 33351i0'N 1189'35301Y 482.58' WT f4 Northeast Plat Corner, SS/E Easement Deta3 (Nat to Scale) 589'35347 318.10' 13250' LOT 2 137,760 S.F. 3.163 Acres ± TRACT D RIVERSIDE t#OP12015 FAST FIRST PLAT LOT 12 S 1/4 Cor., 50161 5 5504 USW N1/4 Cor. Seem $ 55944330 Ihel '1' Qat 11 Cmet*te h / ':ester eT 65' hen Pipe 2520.00 Na3'43'63.1,/ s~ S 5.1-{ SF I/4 Semi, 5, Bat 813103 N. The, 1E I/1. Seetol $ 1304 R33* NOTES: Dads efBearbo, N07I4'101E, aLi de R' 7Ess ofLe113, per ErAl p111 of' RIVERSIDE 504550Ns EASI FIRST PLAT . 0 Meru C,ctrel Sutica 11.-66 Llw-.Tai SbY 46, Cear aa- c Sysco 1933 (NAD -37) Waal 7 5-.e Ncn5 :331979301,, Ea ing:337793b33a Ceare.1 m fedi Ne46a510927502751 Fa,304. 2153551.7-034 AE hkialel alai alien's shaaua, Dia I1. 1555,r01554 4 =e3 oL-o otherqi,2 5-55301 CLOSURE CALCULATIONS. Panels'. 229473 Error CL. e: 0.5429 Ccasse.N 77-32A5W Pn-rNurth O-0)062 Paa:-0-0731/8 Praisyea 1:791,18776 Floes] Pith N., Armrdng 'FAST hap IsT=bar 293296ODA 1 B, 55v117164 4, 1937, ndeni l by Etter .413.6p Reviirs(LOMAR)- Case No. 04-07-A354P, Ff6aus', da151292431, 20091 Cs Dad to lo: 'v"OTHER AREAS", Zone "X',ore s Gd—err e•) 1454rthWet ey)}7yar111, 66. DEOCRLER2Oy! LEIRIVERS110311,9301,./.4.0All feel, or 7390 acres, eea. er kv. y,ut,0,2,2,Jn9 L, De rec -1ml plat 5oos0 [...6 1±4 DEDICATION Tea nail' nS prepritKrafEte zNle clam.11 had of Ind bra ca -nal .ax m Lop!,, slansmon to arca.>it'3 which.arnia, nal plat Dania/ea/kr 1.1.1,71 25 'REPEAT OF LOT 13, RIVERSIDE HORIZONS EAST HAST PIAL". EXECUTION N TETLSSONY AIDAEOF,tte r6o4 1pnpro'sr1as aaed 0 ci5cmc 1luhct541 1111 day of ,N DIDLB IR LAE DEVELOP/AM- ADDIORIIY OF THE CRY OF RIVERSIDE. PanDvxu,01014 r3 Atm Sarah Wa350, Asst Swaney STA-1EOF24E9301fAI ) )53 COUNTY OF PLATTE ) BE R REMEMBERED, that en Di) dayof .23 , befi're 59Netary Put Be cr,sd for said Ceciy14SL1e, cL.e FaaPanh, Pra(11.61 of I:;f,0ial Devela al Art3:rrity cfIbe City of Rha-eS4 n)1 Sarah Wainer, Asa,ts Seadsr7,u-6o are Pasera113164a4 arca perwas0Ar07.1Wid the furKe6,11661m461efwriinr on b h.aIlefseil clean, a:A Dry dory arlaanainl4a1the ...km of s,m, N RT(NESS WHEREOF I ha.64641610 ser 671,6s and sal on Ube dsy and yc+rusrm nose. NOTARY PUBLIC h1y Cc.-. ;_d,n54•'s._y= APPROVALS 116 h 600,013 Kai 1he3)ntra'' PI AT of"Reclat0fLen13,0420145, Ncrra:6E1a Fare Plat' a as sihmmai la and ap(anrulby ter ray ofRnucde, 1E64161. leis dry of ,2015. DY ORDNANCE NO.: DY: BY: 020900 v Row, Mayer Ret6Extrel, Cary Clerk DATE: BY: S•eft Eng, Cba1m,^ o*P1a..6b Lea ssi DAIS SE Cor., SF 1/4 Sectim 5, 5394 RS3* Pi Sedco $ 1554 83.1N Fmi 1• *4 en Fird of harm! RR Rea Prepared For: Industrial Development Authority of the City of Riverside 2950 NW U'n'ion Road Riverside, Missouri 64150 (816) 741-3993 Date of Preparation: March 30, 2012 CERTIFICATION 1666y calif)/tat alis slhln'bkn pill: riv4 en an aetualsvtey , tG,a.1 ea ttegn/d by 20 ex=r my d_ 1 ».a_ L-1 Lit soil sorry .Sea or catals LOS55, ln=a--'5- 4t41646 Pr Met. Cb,,' b!GSlry 5313-92, caa9161.1 by fat Depen, of3,!aal Re.excek ria,-iea e0Oaelagy201I45..i Srasy ofthe su:e efhtissca.i and f:e 1,46.siBird Or Archha1s, 0re36ANcal Eez6a.ra and fzdS,503- a, a=d Int De ra_a of -sea Ss`1.gare repeerlentaisdaa0ngl240 bag any pro 2005a1 hC9s144.4r (tt Mirhd S66-31/berger, Mtwara LS 2007143910 2214 Cend?lea Terr-1ra-cad, ES 69_199 (913)3314319 RIVERSIDE HORIZONS EAST, SECOND PLAT Renaissance Infrastructure Consulting (R° I ° C) 11490 Strang line Rood 1 I,enraa, Kansas 66215 1 (913) 317.9500 1 lww.ronlnlraevuaure-mm OR T4 1"=100' 0 50' 100' VAN DE POPULIERE ROAD LOT 2 41ST STREET Existing Ownership Map PROPOSED PLAT: REPLAT OF LOT 13, RIVERSIDE HORIZONS EAST FIRST PLAT LOT1 LOT2 LOT 14 LOT 12 185' Buffer Area TRACT D / \ RIVERSIDE HORIZONS EAST FIRST PLAT Lot Number Lot 2 Lot 3 Lot 4 Lot 12 Lot 14 Tract D Parcel Number 23-3.0-05-000-000-061-000 23-3.0-05-000-000-060-000 23-3.0-05-000-000-057-000 23-3.0-05-000-000-063-000 23-3.0-08-000-000-014-000 23-3.0-08-000-000-013-000 Owner of Lot 4: City of Riverside Owner of Lots 2, 3, 12, 14, and Tract D: Industrial Development Authority of the City of Riverside. LOCATION MAP SECTION 5-50-33 & 8-50-33 Scale 1" = 2000' Renaissance Infrastructure Consulting (RoIC) 11490 Strang Line Road I Lenexa, Kansas 66215 1 (913) 317-9500 j www.reninfrastructure.corn IDA RESOLUTION NO. 2012- 009 A RESOLUTION APPROVING AND AUTHORIZING AN ALLOCATION OF LEVEE DISTRICT ASSESSMENTS ATTRIBUTABLE TO LOT 13 RIVERSIDE HORIZONS EAST FIRST PLAT TOGETHER WITH THE EXECUTION AND DELIVERY OF DOCUMENTS AND ACTIONS RELATING THERETO WHEREAS, the Industrial Development Authority of the City of Riverside, Missouri ("Authority") owns certain property ("Property") in the Horizons development area that was originally assessed by the Riverside-Quindaro Bend Levee District ("Levee District") as Tracts 45, 79, 80 and 87; and WHEREAS, said Tracts were subdivided by the IDA pursuant to a plat titled "Riverside Horizons East First Plat" and filed of record with the Platte County, Missouri Recorder of Deeds as Instrument No. 2012003467 in Plat Book 21 at Page 10; and WHEREAS, an Allocation of Benefits for Levee District Assessments Relating to the Riverside Quindaro Bend Levee District of Platte County, Missouri was made allocating the benefits from said Tracts among the lots created by Riverside Horizons East First Plat, which Allocation was filed of record with the Platte County, Missouri Recorder of Deeds and recorded as Instrument Number 2012002130 in Book 1185 at Page 950; and WHEREAS, the Authority desires to further subdivide the Property and has authorized the Replat of Lot 13 of Riverside Horizons East First Plat; and WHEREAS, it is necessary to allocate the benefits afforded by the by the Levee District and assessments previously allocated to Lot 13 of Riverside Horizons East First Plat among the lots created in the Replat of Lot 13 of Riverside Horizons East First Plat and the Board of Directors finds it to be in the best interest of the Authority to allocate the benefits pursuant to the Declaration as set forth in Exhibit A attached hereto; NOW THEREFORE, BE IT RESOLVED BY THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF RIVERSIDE, MISSOURI, AS FOLLOWS: THAT the President is hereby authorized to execute and deliver the Allocation of Benefits for Levee District Assessments Relating to The Riverside Quindaro Bend Levee District of Platte County, Missouri on behalf of the Authority in substantially the same form as attached hereto as Exhibit "A", with such changes as are approved by the officer executing such document, such execution being conclusive proof of such approval, the Assistant Secretary is authorized to attest thereto; FURTHER THAT the President and Assistant Secretary are hereby authorized to execute such additional documents and take such actions as are necessary or desirable to effectuate the intent of this Resolution; PASSED AND ADOPTED by The Industrial Development Authority of the City of Riverside, Missouri, the day of , 2012. ATTEST: Sarah Wagner, Assistant Secretary Pamela J. Darata, President Title of Document: Allocation of Benefits for Levee District Tax Assessments Relating to the Riverside Quindaro Bend Levee District of Platte County, Missouri. Date of Document: , 2012 Grantor: The Industrial Development Authority of the City of Riverside, Missouri Address: 2950 NW Vivion Road Riverside, MO 64150 Grantee: Address: The Industrial Development Authority of the City of Riverside, Missouri 2950 NW Vivion Road Riverside, MO 64150 Legal Description: Lots 1 and 2 of the Replat of Lot 13, Riverside Horizons East First Plat RETURN RECORDED DOCUMENT TO CITY OF RIVERSIDE City of Riverside Attn: Sarah Wagner 2950 NW Vivion Road Riverside, MO 64150 (816)741-3993 1 ALLOCATION OF BENEFITS FOR LEVEE DISTRICT TAX ASSESSMENTS RELATING TO THE RIVERSIDE QUINDARO BEND LEVEE DISTRICT OF PLATTE COUNTY, MISSOURI This Declaration of Allocation of Benefits for Levee District Tax Assessments is made as of , 2012 by THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF RIVERSIDE, MISSOURI, a Missouri corporation ("Declarant"), having an address of 2950 NW Vivion Road, Riverside, MO 64150. Whereas, the Declarant previously platted certain property located within the boundaries of the Riverside-Quindaro Bend Levee District of Platte County, Missouri ("Levee District") as Riverside Horizons East First Plat and at such time made an Allocation of Benefits for Levee District Tax Assessments related to such property; and Whereas, the Declarant desires to replat Lot 13 of Riverside Horizons East First Plat into two separate lots; and Whereas, the property consists of tracts owned by Declarant to which benefits were assessed by the Circuit Court of Platte County, Missouri 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 and which may have been previously reallocated by agreement of the owner(s) of the property (the "Benefits"); and Whereas, the Levee District assesses annual debt service, maintenance and other taxes based upon the Benefits allocated against each tract of land; and Whereas, the Declarant desires to designate and further define the Benefits currently assessed against the property generally designated as Lot 13, Riverside Horizons East First Plat ("Current Assessment Tract"), along with such Benefits in the amount of $281,751.5159 which equals a percentage of the Levee District annual benefit assessments allocated to said Lot 13 as 0.375406269%; and Whereas, the Declarant desires to designate and further define the allocation of the Benefits of the Current Assessment Tract according to the Replat of Lot 13 Riverside Horizons East First Plat set forth in Paragraph 2 of this Declaration ("New Assessment Tracts"); NOW THEREFORE, in consideration of the covenants and premises contained in this Declaration, the Declarant states as follows: 1. Legal Description of Current Assessment Tract. The Declarant represents that the legal description for the Current Assessment Tract is as follows: Current Assessment Tract Lot 13: Lot 13, Riverside Horizons East First Plat, a subdivision of the City of Riverside, Platte County, Missouri. 2 2. Legal Description of New Assessment Tracts. The Current Assessment Tract has been platted by Declarant as part of Riverside Horizons East First Plat with Lot 13 thereof being further replatted in two separate lots pursuant to the plat titled "Replat of Lot 13 Riverside Horizons East First Plat". Declarant represents that the legal descriptions for the New Assessment Tracts are as follows: New Assessment Tract Lot 13-1: Lot 1, Replat of Lot 13, Riverside Horizons East First Plat, a subdivision of the City of Riverside, Platte County, Missouri; and New Assessment Tract Lot 13-2: Lot 2, Replat of Lot 13, Riverside Horizons East First Plat, a subdivision of the City of Riverside, Platte County, Missouri. 3. Allocation of Benefits. The Declarant hereby states that the Benefits shall be transferred and allocated from the Current Assessment Tract into the New Assessment Tract as follows: FROM: Current Assessment Tract #Lotl3 Benefits Allocated - $281,751.5159 Percentage of Benefits Allocated — 0.375406269% TO: New Assessment Tract #Lot 13-1: Benefits Allocated — $161,184.6310 Percentage of Benefits Allocated — 0.214763717% New Assessment Tract #Lot 13-2: Benefits Allocated - $120,566.8849 Percentage of Benefits Allocated - 0.160643552% 4. Running with the Land. The provisions of this Declaration shall be perpetual covenants running with the land and shall inure to the benefit of the Levee District, the Declarant and Declarant's successors and assigns, and be binding upon such 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 Declarant. 5. Representations and Warranties. Declarant represents and warrants it has the full power and authority to execute this document and legally bind Declarant as set forth herein. 6. Recording. Declarant consents to the filing of this Declaration 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 Declarant. 7. Reliance and Third Party Beneficiary. The Levee District shall be entitled to rely upon this Declaration in preparing its Tax Book and all other records for the current year and every year thereafter. The Declarant states that the Levee District is an intended third party beneficiary of this Declaration and may irrevocably rely upon the terms and provisions contained herein. 3 8. Amendments. This Declaration may not be revoked, amended or modified except in a writing executed by Declarant or Delcarant's successor or assigns. 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 Declaration 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 Declaration has been executed by the duly authorized representative of Declarant as of the date first above written. STATE OF MISSOURI ss. COUNTY OF PLATTE The Industrial Development Authority Of the City of Riverside, Missouri, Declarant By: Name: Pamela J. Darata Title: President On this day of , 2012, before me appeared Pamela J. Darata to me personally known, who, being by me duly sworn, did say that he/she 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 company, by authority of its Board of Directors; and that he/she 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: Notary Public 4 LEVEE DISTRICT BENEFITS ASSESSED AND PERCENTAGES - BRIARCLIFF HORIZONS SITE Names of Owners of Land Tax Parcel ID Number Tract No.Commissioners' Benefits Assessed Per Per Order Report, as amended. Percentage of Total Benefits Based Upon Benefits Assessed Size of Tract (per acre) The Industrial Development Authority 123-3.0-08-000-000-003-000 The Industrial Development Authority 123-3.0-05-000-000-042-001 The Industrial Development Authority 123-3.0-05-000-000-042-000 The Industrial Development Authority 123-3.0-05-000-000-043-000 TOTAL 45 $7,960,348.10 79 $741,282.00 80 $58,390.00 87 $5,047,699.00 10.606383% 0.987686% 0.077799% 6.725564% 165.9 16.25 1.28 110.86 $13,807,719.10 18.397432% 294.29 Type of Use Lot Number SF Levee District Assessment Allocations - Riverside Horizons East First Plat February 6, 2012 (initial presentation) Office/Indu s Split of SF Industrial Industrial Industrial Industrial Industrial Industrial Industrial Industrial Industrial Industrial Industrial Industrial Industrial Office Office Office Office TOTALS Lot 1 Lot 2 Lot 3 Lot 4 Lot 5 Lot 6 Lot 7 Lot 8 Lot 9 Lot 10 Lot 11 Lot 12 Lot 13 Lot 14 Lot 15 Lot 16 Lot 17 422,261.00 223,504.00 212,386.00 392,056.00 610,252.00 611,559.00 337,431.00 471,259.00 365,203.00 301,577.00 222,921.00 247,116.00 237,467.00 305,839.00 1,489,551.00 343,224.00 1,114, 503.00 7,908,109.00 4654992 13807719 13807719.1 60% 40% 8284631 5523087.64 3253117 4654992 2.546675 1.186487032 $$ per sq ft based on a 60/40 split between office/indus 1.186487032 1.186487032 1.186487032 1.186487032 1.186487032 1.186487032 1.186487032 1.186487032 1.186487032 1.186487032 1.186487032 Office/Indus Percentage of Total Benefits Allocated Split of $$ Value Benefits Based Example based to New Tracts of benefit Upon New on $1.5M assessed Allocation Assessment 1.186487032 1.186487032 2.546674915 2.546674915 2.546674915 3253117 2.546674915 7908109 501,007.20 265,184.60 251,993.23 465,169.36 724,056.08 725,606.82 400,357.51 559,142.69 433,308.62 357,817.20 264,492.88 293,199.93 281,751.52 778,872.51 3,793,402.17 874,079.95 2,838,276.83 13,807,719.10 5523087.64 8284631.46 0.667543% 0.353332% 0.335756% 0.619793% 0.964734% 0.966800% 0.533437% 0.745003% 0.577341% 0.476756% 0.352411% 0.390660% 0.375406% 1.037771% 5.054336% 1.164626% 3.781726% 10,013.14 5,299.99 5,036.34 9,296.89 14,471.01 14,502.00 8,001.56 11,175.04 8,660.12 7,151.35 5,286.16 5,859.90 5,631.09 15,566.57 75,815.05 17,469.39 56,725.88 13807719.10 18.397432% 275,961.48 Levee District Assessment Allocations - Riverside Horizons East First Plat (as recorded) March 9, 2012 Type of Use Lot Number Office/Indus SF $$ per sq ft Split of SF Benefits Allocated to New Tracts Office/Indus Split of $$ Value of benefit assessed Percentage of Total Benefits Based Upon New Allocation Example based on $1.5M Assessment Industrial Lot 1 422,261.00 1.186487032 501,007.20 0.667543% 10,013.14 Industrial Lot 2 223,504.00 1.186487032 265,184.60 0.353332% 5,299.99 Industrial Lot 3 212,386.00 1.186487032 251,993.23 0.335756% 5,036.34 Industrial Lot 4 392,056.00 1.186487032 465,169.36 0.619793% 9,296.89 Industrial Lot 5 610,252.00 1.186487032 724,056.08 0.964734% 14,471.01 Industrial Lot 6 611,559.00 1.186487032 725,606.82 0.966800% 14,502.00 Industrial Lot 7 337,431.00 1.186487032 400,357.51 0.533437% 8,001.56 Industrial Lot 8 471,259.00 1.186487032 559,142.69 0.745003% 11,175.04 Industrial Lot 9 365,203.00 1.186487032 433,308.62 0.577341% 8,660.12 Industrial Lot 10 301,577.00 1.186487032 357,817.20 0.476756% 7,151.35 Industrial Lot 11 222,921.00 1.186487032 264,492.88 0.352411% 5,286.16 Industrial Lot 12 223,577.00 1.311404703 293,199.93 0.390660% 5,859.90 Industrial Lot 13 321,930.00 4715916 0.875194826 281,751.47 5523087.59 0.375406% 5,631.09 Office Lot 14 316,760.00 2.458872678 778,872.51 1.037771% 15,566.57 Office Lot 15 1,489,551.00 2.546674915 3,793,402.17 5.054336% 75,815.05 Office Lot 16 343,224.00 2.546674915 874,079.95 1.164626% 17,469.39 Office Lot 17 1,114,503.00 3264038 2.546674915 2,838,276.83 8284631.46 3.781726% 56,725.88 TOTALS 7,979,954.00 7979954 13,807,719.05 13807719.05 18.397432% 275,961.48 Horizons East - Replat Lot 13 - Levee Assessment Allocations IDA Meeting - April 9, 2012 Type of Use Lot Number Square Footage of Lot $$ per sq ft Benefits Allocated to New Tracts Percentage of Total Benefits Based Upon New Allocation Example based on $1.5M Assessment Original Allocation Calculations based on Office/Industrial 60/40 Split Industrial Lot 12 247,116.00 1.186487032 293,199.93 0.390660% 5,859.90 Industrial Lot 13 237,467.00 1.186487032 281,751.52 0.375406% 5,631.09 Office Lot 14 305,839.00 2.546674915 778,872.51 1.037771% 15,566.57 TOTALS 790,422.00 Allocation Calculations Based on Plat as Recorded 1,353,823.95 1.803838% 27,057.57 Industrial Lot 12 223,577.00 1.311404703 293,199.93 0.390660% 5,859.90 Industrial Lot 13 321,930.00 0.875194826 281,751.47 0.375406% 5,631.09 Office Lot 14 316,760.00 2.458872678 778,872.51 1.037771% 15,566.57 862,267.00 Replat of Lot 13 - ReAllocations 1,353,823.91 1.803838% 27,057.56 Industrial Lot 12 223,577.00 1.311404703 293,199.93 0.390660% 5,859.90 Industrial Replat Lot 13 - 1 184,170.00 0.875194826 161,184.63 0.214763% 3,221.44 Industrial Replat Lot 13 - 2 137,760.00 0.875195157 120,566.88 0.160644% 2,409.65 Office Lot 14 316,760.00 2.458872678 778,872.51 1.037771% 15,566.57 TOTALS 862,267.00 The total sq ft is greater than the original allocation because Tract D was incorporated into Lot 13 between the time of original allocation and final plat. Tract D was 71,844 sq ft at the time of original calculation. In addition, minor lot line adjustements were made on Lots 12 and 14 prior to recording. 1,353,823.95 1.803838% This number highlighted in green needs to match the number shown in the original allocation shown above This percentage highlighted in orange needs to match the % shown in original allocation of combined lots above 27,057.57 Levee District Assessment Allocations - Riverside Horizons East First Plat with Replat of Lot 13 April 9, 2012 Type of Use Lot Number $$ per sq ft based on a Office/Indus SF 60/40 split Split of SF between office/indus Benefits Allocated to New Tracts Office/Indus Split of $$ Value of benefit assessed Percentage of Total Benefits Based Upon New Allocation Example based on $1.5M Assessment Industrial Lot 1 422,261.00 1.186487032 501,007.20 0.667543% 10,013.14 Industrial Lot 2 223,504.00 1.186487032 265,184.60 0.353332% 5,299.99 Industrial Lot 3 212,386.00 1.186487032 251,993.23 0.335756% 5,036.34 Industrial Lot 4 392,056.00 1.186487032 465,169.36 0.619793% 9,296.89 Industrial Lot 5 610,252.00 1.186487032 724,056.08 0.964734% 14,471.01 Industrial Lot 6 611,559.00 1.186487032 725,606.82 0.966800% 14,502.00 Industrial Lot 7 337,431.00 1.186487032 400,357.51 0.533437% 8,001.56 Industrial Lot 8 471,259.00 1.186487032 559,142.69 0.745003% 11,175.04 Industrial Lot 9 365,203.00 1.186487032 433,308.62 0.577341% 8,660.12 Industrial Lot 10 301,577.00 1.186487032 357,817.20 0.476756% 7,151.35 Industrial Lot 11 222,921.00 1.186487032 264,492.88 0.352411% 5,286.16 Industrial Lot 12 223,577.00 1.311404703 293,199.93 0.390660% 5,859.90 Industrial Lot 13-1 184,170.00 0.875194826 161,184.63 0.214763% 3,221.44 Industrial Lot 13-2 137,760.00 4715916 0.875195157 120,566.88 5523087.64 0.160644% 2,409.65 Office Lot 14 316,760.00 2.458872678 778,872.51 1.037771% 15,566.57 Office Lot 15 1,489,551.00 2.546674915 3,793,402.17 5.054336% 75,815.05 Office Lot 16 343,224.00 2.546674915 874,079.95 1.164626% 17,469.39 Office Lot 17 1,114,503.00 3264038 2.546674915 2,838,276.83 8284631.46 3.781726% 56,725.88 TOTALS 7,979,954.00 7979954 13,807,719.10 13807719.10 18.397432% 275,961.48 IDA Resolution 2012-010 IDA RESOLUTION NO. 2012-010 A RESOLUTION AUTHORIZING THE EXECUTION AND TRANSFER OF A TEMPORARY CONSTRUCTION EASEMENT IN CONNECTION WITH THE CONSTRUCTION OF MATTOX ROAD AND AUTHORIZING OTHER ACTIONS IN CONNECTION THEREWITH. Pursuant to the provisions of Chapter 349, RSMo., as amended, the Board of Directors of The Industrial Development Authority of the City of Riverside, Missouri (the "IDA"), hereby adopt this Resolution and direct that this Resolution be filed with the official IDA minutes: WHEREAS, the IDA desires to grant a temporary construction easement under and along certain property owned by it to the City of Riverside, Missouri, for construction. 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 Temporary Construction Easement to the City of Riverside, Missouri is hereby approved in substantially the form attached as Exhibit A and the President or Vice President are hereby authorized to enter into, execute and deliver and the Secretary or the Assistant Secretary are hereby authorized to attest, such document with such changes therein as shall be approved by the official of the IDA executing such document, such official's signature thereon being conclusive evidence of such official's approval and the IDA's approval thereof. FURTHER THAT the President, Vice -President, Secretary, Assistant Secretary and other appropriate officers and agents of the IDA are hereby authorized to take such further actions and execute such other documents as may be necessary or desirable to carry out and comply with the intent of this Resolution. FURTHER THAT this Resolution shall be in full force and effect from and after its adoption. ADOPTED THIS DAY OF , 2012. This Resolution was adopted at the meeting of the Board of Directors of the IDA duly called and held this date. Pamela J. Darata, President (SEAL) ATTEST: Secretary IDA Resolution 2012-010 EXHIBIT A FORM OF CONVEYANCE TEMPORARY CONSTRUCTION EASEMENT KNOW ALL MEN BY THESE PRESENTS: That THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF RIVERSIDE, MISSOURI, GRANTOR, for and in consideration of the sum of One Dollar ($1.00) and for other good and sufficient consideration (the receipt of which is hereby acknowledged) does by these presents grant, bargain, sell, convey and confirm unto the CITY OF RIVERSIDE, a Municipal Corporation of the State of Missouri, GRANTEE (2950 NW Vivion Road, Riverside, Missouri, 64150), and Grantee's successors and assigns, a temporary construction easement for the location, construction of Mattox Road and any and all appurtenances incidental thereto in, under, upon, over and through the following -described tract of land lying, being and situate in Riverside, Platte County, Missouri, to -wit: A temporary construction easement, being all that part Lot 5, ARGO Innovation Park, a subdivision lying in 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 1039.93 feet to the Southwest corner of Lot 5, ARGO Innovation Park; thence North 0 degrees 15 minutes 59 seconds Easr along the West line of said Lot 5 a distance of 597.31 feet to the POINT OF BEGINNING; thence continuing North 0 degrees 15 minutes 59 seconds East along the West line of said Lot 4 a distance of 60.23 feet to a point; thence North 26 degrees 49 minutes 53 seconds East along the West line of said Lot 5 a distance of 22.36 feet to a point; thence South 0 degrees 15 minutes 59 seconds West a distance of 80.18 feet to a point; thence North 90 degrees 00 minutes 00 seconds West a distance of 10.00 feet to the POINT OF BEGINNING and containing 702 Square Feet of 0.016 Acres, more or less. By the granting of this easement, it shall not be construed to prohibit the GRANTOR, or GRANTOR'S successors or assigns, from using or developing the property in any manner without interfering with or abridging the rights and easement herein granted, including but not limited to the laying out, establishing and constructing pavement, surfacing of roadways, parking lots, curbing and gutters along, upon, over or across said easement or any portion thereof; provided, however, said easement shall be kept free from additional depth of overburden, buildings, and any other structure or obstruction (except sidewalks, roadways pavement, parking lot pavement, grass, shrubs, fences, or curbs), which will interfere with the GRANTEE in entering upon said adjacent land and easement for the purpose of laying, constructing, reconstructing, operating, repairing and maintaining such road improvements and appurtenances. IN TESTIMONY WHEREOF, the said Grantor has hereunto set its hand this xxxx , day xxxxxx , 2012. THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY OF RIVERSIDE, MISSOURI By: xxxxxxxxxxxxxxxxxx STATE OF MISSOURI SS COUNTY OF PLATTE IDA Resolution 2012-010 Pamela J. Darata, President On this xxx day of xxxxx , 2012 before me appeared Pamela J. Darata, to me personally known, and who, being by me duly sworn, did say that she is President of the Industrial Development Authority of the City of Riverside, a corporation, and that the seal affixed to the foregoing instrument is the corporate seal of said corporation and that the instrument was signed and sealed in behalf of said corporation by authority duly conferred upon her by its Board of Directors and Pamela J. Darata acknowledged said instrument to be the free act and deed of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal at my office in Platte County, Missouri, the day and year last above written. xxxxxxxxxxxxxxxxxxx Notary Public My term expires N26'49'53rE 22. 6' N0015'59"E 60.23' Area: 702 Square Feet 0.016 Acres ± 1 " = 100' 0' 50' 100' 200' SCALE IN FEET r\ILPoint of Commencing SW. Cor., SE. 1/4, Sec. 6, T5ON, R33W Point of Beginning S8923'51 "E 1039.93' N00°15'59"E 597.31' 41st Street R/W S. R/W Line, 41st Street and N. Line of Lot 5 S0015'59"W 80.18' N90'00'00"W 10.00' E. R/W Line, Mattox Road and W. Line of Lot 5 SW. Cor. of Lot 5 S. Line, SE. 1/4, Sec. 6, T5ON, R33W 2708.48' SE. Cor., SE. 1/4, Sec. 6, T5ON, R33W PROJECT NO: 009-1632H DRAWN BY: MLB DATE: 03/06/12 Temporary Construction Easement Exhibit O\OLSSON ASSOCIATES 7301 West 133rd Street Suite 200 Overland Park, KS 66213-4750 TEL 913.381.1170 FAX 913.381.1174 EXHIBIT 11