HomeMy WebLinkAbout1852 Repealing Ordinance 1829 and Authorizing Sale, Lease and Transfer Certain Properties to the Consolidated Library District No. 3 BILL NO. 2022-029 ORDINANCE NO. / 2_5 D----
AN ORDINANCE REPEALING ORDINANCE NO. 1829 AND AUTHORIZING THE SALE,
LEASE AND TRANSFER OF CERTAIN PROPERTIES BY AND BETWEEN THE CITY AND
THE CONSOLIDATED LIBRARY DISTRICT No. 3, A/K/A MID-CONTINENT PUBLIC LIBRARY
AND AUTHORIZING OTHER DOCUMENTS AND ACTIONS RELATED THERETO
WHEREAS, the City of Riverside, Missouri ("City") owns certain real property which
consists of approximately _ acres +/-, with the publicly utilized address of 4150 NW Gateway
Avenue, Riverside, MO 64150, depicted on Exhibit A. attached hereto and incorporated herein,
in Riverside, Platte County, Missouri, also known and referred to at times as the City Site ('City
Site"); and
WHEREAS, the Consolidated Library District No. 3, a/k/a Mid-Continent Public Library
("MCPL") owns certain real property and the improvements thereon (the "Old Library"), located at
2700 NW Vivion Road, Riverside, MO 64150, depicted on Exhibit B, attached hereto and
incorporated herein. which consists of approximately _ acres +/ and
WHEREAS, the City initially proposed to MCPL relocation and construction of a new
library facility and after that initial discussion, the City and MCPL desire to cooperate with each
other and facilitate the construction of a new, library facility comparable in interior and exterior
design to MCPL's newly-constructed library facilities in East Lee's Summit, Grandview, Green
Hills and Withers Branches, the exteriors of which are illustrated in Exhibit C, attached hereto
and incorporated herein, on the City Site in the City ("New Library"); and
WHEREAS, in consideration of the construction of the New Library by the MCPL , the City
is prepared to purchase the Old Library from the MCPL pursuant to a purchase and sale
agreement, the form of which is attached as Exhibit D, attached hereto and incorporated herein,
and to further execute a lease, the form of which is attached as Exhibit E, attached hereto and
incorporated herein, of the Old Library back to the MCPL for its use and for the benefit of the
citizens of Riverside, Platte County and patrons of the MCPL until a new Certificate of Occupancy
is issued by the City for the New Library; and
WHEREAS, the consideration for the Old Library and MCPL's construction of the New
Library shall be valued at Two Million Dollars($2,000,000.00), and shall consist of a cash payment
of One Million Three Hundred Fifty Thousand and 00/100 dollars ($1,350,000.00), and transfer of
the City Site by the City to the MCPL on an "as is, where is" basis, by special warranty deed, the
form of which is attached hereto as Exhibit F, with no representations or warranties from the City
except as set forth in the purchase and sale agreement, and transfer of the Old Library by the
MCPL to the City on an "as is, where is" basis, by special warranty deed, the form of which is
attached hereto and incorporated herein as Exhibit G, with no representations or warranties from
the MCPL except as set forth in the purchase and sale agreement, and the execution of a lease
in substantially the same form as that attached hereto and incorporated herein as Exhibit E,
between the City and the MCPL for One and 00/100 Dollar annually of the Old Library until the
New Library is issued a certificate of occupancy; and
WHEREAS, the Board of Aldermen on March 1, 2022, passed and approved Ordinance
No. 1829, authorizing the purchase and sale agreement and lease, however, subsequent to such
approval additional changes needed to be made, and have been made to both contracts; and
WA 3747592.1
WHEREAS, the Board of Aldermen find it is in the best interest of the City to repeal
Ordinance No. 1829 and to further authorize the purchase of the Old Library pursuant to a
purchase and sale agreement, in substantially the same form and subject to the same terms and
conditions as that attached hereto as Exhibit D, and the transfer of the City Site by the City to
MCPL by special warranty deed, in substantially the same form and subject to the same terms
and conditions as that attached hereto as Exhibit F, and the receipt of the transfer of the Old
Library by the MCPL to the City on an "as is, where is" basis, by special warranty deed, the form
of which is attached hereto and incorporated herein as Exhibit G, with no representations or
warranties from the MCPL except as set forth in the purchase and sale agreement, and the
execution of a lease in substantially the same form as that attached hereto and incorporated
herein as Exhibit E, between the City and the MCPL for One and 00/100 Dollar annually of the
Old Library until the New Library is issued a certificate of occupancy.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE
CITY OF RIVERSIDE, MISSOURI, AS FOLLOWS:
SECTION 1 BEST INTEREST OF THE CITY AND APPROVAL: The Board of Aldermen
find it is in the best interest of the City, in order to further the objectives of the objectives of
economic development of the City, and the Board of Aldermen hereby approve and authorize the
repeal of Ordinance No. 1829 and further hereby approve and authorize the purchase of the Old
Library pursuant to a purchase and sale agreement, in substantially the same form and subject
to the same terms and conditions as that attached hereto and incorporated herein as Exhibit D,
and the transfer of the Property by the City to MCPL by special warranty deed, in substantially
the same form and subject to the same terms and conditions as that attached hereto and
incorporated herein as Exhibit F, and the receipt of the transfer of the Old Library by the MCPL
to the City on an "as is, where is" basis. by special warranty deed, the form of which is attached
hereto and incorporated herein as Exhibit G, with no representations or warranties from the
MCPL except as set forth in the purchase and sale agreement, and the execution of a lease in
substantially the same form as that attached hereto and incorporated herein as Exhibit E,
between the City and the MCPL for One and 00/100 Dollar annually of the Old Library until the
New Library is issued a certificate of occupancy.
SECTION 2. CONSIDERATION AND TERMS AUTHORIZED. The consideration for the
purchase of the Old Library and MCPL's construction of the new, library facility similar to those
new library facilities illustrated in Exhibit C, attached hereto and incorporated herein, by the
MCPL to be located at the City Site shall be valued at Two Million Dollars ($2,000,000.00), and
shall consist of a cash payment of One Million Three Hundred Fifty Thousand and 00/100 dollars
($1,350,000.00) and transfer of the City Site on an "as is, where is" basis, by special warranty
deed, the form of which is attached hereto and incorporated herein as Exhibit F, with no
representations or warranties from the City except as set forth in the purchase and sale
agreement, and the receipt of the transfer of the Old Library by the MCPL to the City on an "as is,
where is" basis, by special warranty deed, the form of which is attached hereto and incorporated
herein as Exhibit G, with no representations or warranties from the MCPL except as set forth in
the purchase and sale agreement, and the execution of a lease in substantially the same form as
that attached hereto and incorporated herein as Exhibit E, between the City and the MCPL for
One and 00/100 Dollar annually of the Old Library until the New Library is issued a certificate of
occupancy is hereby approved.
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JC 17507127.4
SECTION 3. AUTHORITY GRANTED. The Mayor is hereby authorized and directed to
execute the purchase and sale agreement in substantially the same form as that attached hereto
as Exhibit D, and the special warranty deed in substantially the same form as that attached hereto
as Exhibit F, and the lease in substantially the same form as that attached hereto as Exhibit E,
and the Mayor, City Administrator, Special Counsel to the City - Spencer Fane LLP, and other
appropriate officials and employees of the City are hereby authorized and directed to take such
further action related thereto as is otherwise necessary or desirable to carry out and comply with
the intent of this Ordinance..
SECTION 4. EFFECTIVE DATE. This Ordinance shall be in full force and effect from
and after its passage and approval.
PASSED AND APPROVED: the 17th day of May 2022.
.
c '.7eeide....,
thleen L. Rose, ayor
ATTEST: -
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Robin Kincaid, ity Clerk
Approved as to form:
Spencer Fane LLP,
Special Counsel to the City
by Joe Bednar
3
JC 17507127.4
EXHIBIT A
Depiction of the City Site
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Parcel ID 23-2.0-04-200-006-002.000 AlternateD n/a Owner Address CITY OF RIVERSIDE
Secawp/Rng 4/50/33 Class Commercial 2950 NW VP/ION RD
Property Address 4510 NW GATEWAY AVE Acreage 14573 RIVERSIDE,M064150-0000
District Dist23
Brief Tax Description WEDOW PART OF LOTS 2,3,4.6.8 AND ALL OF LOTS 3&7
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Date created:5/11/2022
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EXHIBIT B
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Parcel ID 23-2004-100004-010000 Alternate ID rVa Owner Address CONSOLIDATED LIBRARY DISTRICT#3
Sec/Two/Rog 4/50/33 pass Commercial 15616E HIGHWAY 24
Property Address 2700 NW VMON RD Acreage 1.4208 INDEPENDENC E.MO 64050-0000
District Dist 23
Brief Tax Description RIVERSIDE MISC TR NE I/4 SEC 4DAF:BEG 916F Sdi181.68F E OF NW C OR OF NE 1/4 SEC 4TH E 48832F TH S
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Date treated:5/112022
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JC 17507127.4
EXHIBIT C
ILLUSTRATION OF MCPL'S NEW LIBRARY FACILITIES
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JC 17507127.4
EXHIBIT D
PURCHASE AND SALE AGREEMENT
(attached behind this page]
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EXHIBIT E
OLD LIBRARY LEASE
(attached behind this page]
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EXHIBIT F
FORM OF SPECIAL WARRANTY DEED FOR CITY SITE
[attached behind this page]
9
JC 17507127.4
EXHIBIT G
FORM OF SPECIAL WARRANTY DEED FOR OLD LIBRARY SITE
[attached behind this page]
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JC 17507127.4
AGREEMENT OF PURCHASE AND SALE
THIS AGREEMENT OF PURCHASE AND SALE (this "Agreement") is made as of the
Effective Date hereinafter defined by and between the CITY OF RIVERSIDE, MISSOURI, a
Missouri municipal corporation ("City"), and CONSOLIDATED LIBRARY DISTRICT No. 3,
a/k/a MID-CONTINENT PUBLIC LIBRARY, and/or its assigns ("MCPL"). In consideration of
the agreements contained herein and for other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, MCPL and City hereby agree as follows:
RECITALS:
WHEREAS, City owns certain real property which consists of approximately 1.45 acres+/-,
with the publicly utilized address of 4150 NW Gateway Avenue, Riverside, MO 64150, depicted on
Exhibit A, attached hereto and incorporated herein, in Riverside, Platte County, Missouri, (the "City
Site"); and
WHEREAS,MCPL owns certain real property and the improvements thereon,located at 2700
NW Vivion Road, Riverside, MO 64150 (the "Old Library") which consists of approximately 1.42
acres+/-; and
WHEREAS,the City initially proposed to MCPL relocation and construction of a new library
facility and after that initial discussion, the parties desire to cooperate with each other to facilitate
such relocation and construction of a new library facility,comparable in exterior design to the newly-
constructed East Lee's Summit, Green Hills and Withers Branches, on the City Site, and City is
prepared to purchase the Old Library from MCPL for the benefit of the citizens of Riverside, Platte
County and patrons of MCPL; and
WHEREAS, the Board of Aldermen of the City, by and through Ordinance No. has
approved and authorized this purchase of the Old Library from MCPL and the transfer of the City Site
to MCPL pursuant to this Purchase and Sale Agreement, both by Special Warranty Deed, the forms
of which are attached hereto as Exhibit B and Exhibit C.
NOW, THEREFORE, in consideration of the premises, TEN AND NO/100 DOLLARS ($10.00)
and other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, and the mutual undertakings of the Parties hereinafter set forth, it is hereby agreed
by the Parties as follows:
ARTICLE I
SALE AND PURCHASE
1.01 Recitals. The recitals set forth above are hereby incorporated by reference and made
a part hereof.
1.02 Sale and Purchase. The consideration to be paid by City for the Old Library and
MCPL's construction of the new library facility to be located at the City Site is valued by the Parties
to be Two Million Dollars ($2,000,000.00) and shall consist of a cash payment of One Million Three
Hundred Fifty Thousand and 00/100 dollars ($1,350,000.00) by City to MCPL, and transfer of the
City Site on an "as is, where is" basis, by Special Warranty Deed to MCPL, the form of which is
attached hereto as Exhibit B (the "City Deed"), with no representations or warranties from City
except as set forth in this Purchase and Sale Agreement, and transfer of the Old Library by MCPL to
City by Special Warranty Deed the form of which is attached hereto as Exhibit C (the "MCPL
Deed"), with no representations or warranties from City except as set"forth in this Purchase and Sale
Agreement (the "Consideration").
1.03 Escrow Agent. An executed copy of this Agreement shall be delivered to Coffelt Land
Title Inc., attn.: Kent Shelman, 9574 N. McGee Street, Kansas City,MO 64155, Ph: (816)581-2208,
Fax: (913) 800-5032(the "Escrow Agent").
ARTICLE II
TITLE AND SURVEY DOCUMENTS
2.01 Existing Title and Survey Documents.
(a) City. City shall furnish to MCPL,true, correct,complete and legible copies of any and all
(if any)existing title commitments, title exception documents, and any existing survey, together with
any other information in City's possession or under its control, in connection with or related to the
City Site;
(b) MCPL. MCPL shall furnish to City, true, correct,complete and legible copies of any and
all (if any) existing title commitments, title exception documents, and any existing survey, together
with any other information in the MCPL's possession or under its control,in connection with or related
to the Old Library.
2.02 Title Policies.
(a)City. MCPL shall, within fifteen(15)days after execution hereof, at MCPL's sole cost and
expense(except where otherwise stated below),cause to be prepared and furnished to City for the Old
Library an updated title commitment for the Title Policy (the "Title Commitment") issued by the
Escrow Agent showing MCPL as the record title owner of the Old Library, by the terms of which the
Escrow Agent, as agent for the Title Insurer, agrees to issue to or for City a standard ALTA form of
owner's policy of title insurance (the "Title Policy") at the Closing with respect to the Old Library in
the amount of Two Million Dollars ($2,000,000.00),insuring City's fee simple title to the Old Library
to be good and indefeasible subject to the terms of such Title Policy and the exceptions specified
therein, together with readily legible copies of all documents and plats, if any, which are referred to
in the Title Commitment. MCPL shall pay the expenses of obtaining the Title Policy as hereinafter
provided at Closing. The Title Policy shall exclude all standard pre-printed exceptions. Any
endorsements for extended coverage shall be at City's sole cost and expense.
JC 17508404.2
(b) MCPL. City shall, within ten (10) days after execution hereof, at City's sole cost and
expense, cause to be prepared and furnished to MCPL for the City Site an updated title commitment
for the Title Policy(the "Title Commitment")issued by the Escrow Agent showing City as the record
title owner of the City Site, by the terms of which the Escrow Agent, as agent for the Title Insurer,
agrees to issue to or for MCPL a standard ALTA form of owner's policy of title insurance (the "Title
Policy") at the Closing with respect to the City Site in the amount of Six Hundred Fifty Thousand
Dollars ($650,000.00), insuring MCPL's fee simple title to the City Site to be good and indefeasible
subject to the terms of such Title Policy and the exceptions specified therein, together with readily
legible copies of all documents and plats, if any, which are referred to in the Title Commitment. City
shall pay the expenses of obtaining the Title Policy as hereinafter provided at Closing. The Title
Policy shall exclude all standard pre-printed exceptions. Any endorsements for extended coverage
shall be at MCPL's sole cost and expense.
2.03 Survey. MCPL may, at MCPL's sole cost and expense, cause to be prepared and
furnished to MCPL, City's legal counsel, City and the Escrow Agent, an updated ALTA survey (the
"Survey") of City Site prepared by a surveyor of MCPL's choosing (the "Surveyor") as of a date
which is subsequent to the Effective Date.
2.04 Review of Title and Survey.
(a) By MCPL. MCPL shall have thirty (30) days (the "Title Review Period") commencing
on the date MCPL receives the Title Commitment within which to notify City in writing of any
objections MCPL has to any matters shown on the Title Commitment. All objections raised by MCPL
in the manner herein provided are hereafter called "Objections." City shall have the option, but not
the obligation, to remedy or remove all Objections (or agree irrevocably in writing to remedy or
remove all such Objections at or prior to Closing) during the period of time (the "Cure Period")
ending on the tenth (10th) business day after City's receipt of MCPL's notice of such Objections.
Except to the extent that the City cures, or agrees in writing to cure, such Objections during the Cure
Period, City shall be deemed to have elected not to cure such matters. In the event City is, or is
deemed to be, unable or unwilling to remedy or cause the removal of any Objections (or agree
irrevocably to do so at or prior to Closing) within the Cure Period, then either:
(i) this Agreement may be terminated in its entirety by or on behalf of MCPL by giving
City written notice to such effect during the period of time(the"Termination Period")ending
on the tenth (10th) business day following the end of the Cure Period, whereupon all parties
hereto or mentioned herein shall be released and relieved of further obligations, liabilities or
claims hereunder;or
(ii) any such Objections may be waived by or on behalf of the MCPL, with the MCPL to
be deemed to have waived such Objections if notice of termination is not given within the
Termination Period. Any title encumbrances or exceptions which are set forth in the Title
Commitment and to which MCPL does not object on or prior to the last day of the Title Review
Period(or which are thereafter waived or deemed to be waived by MCPL) shall be deemed to
JC 17508404.2
be permitted exceptions (the "Permitted Exceptions")to the status of City's title to the Land.
Notwithstanding anything to the contrary contained in this Agreement, City agrees to cause to
be removed as exceptions to title, without the need for MCPL to further object, the lien of any deed
of trust, mortgage, fixture filings, security interests, judgment liens, delinquent taxes, and any
mechanic's liens relating to work commissioned by,or performed at City's direction(collectively,the
"Monetary Liens"). City agrees and acknowledges that notwithstanding anything to the contrary in
this Agreement, the Monetary Liens are not, and will not be included as, Permitted Exceptions.
Additionally, the Condition Subsequent (as defined in the Development Agreement) shall be deemed
a Permitted Exception.
(b) By City. City shall have thirty(30) days (the "Title Review Period") commencing on the
date City receives the Title Commitment within which to notify MCPL in writing of any objections
City has to any matters shown on the Title Commitment. All objections raised by City in the manner
herein provided are hereafter called"Objections." MCPL shall have the option,but not the obligation,
to remedy or remove all Objections (or agree irrevocably in writing to remedy or remove all such
Objections at or prior to Closing) during the period of time (the "Cure Period") ending on the tenth
(10th)business day after MCPL's receipt of City's notice of such Objections. Except to the extent that
the MCPL cures,or agrees in writing to cure, such Objections during the Cure Period, MCPL shall be
deemed to have elected not to cure such matters. In the event MCPL is, or is deemed to be, unable or
unwilling to remedy or cause the removal of any Objections (or agree irrevocably to do so at or prior
to Closing) within the Cure Period, then either:
(i) this Agreement may be terminated in its entirety by or on behalf of City by giving
MCPL written notice to such effect during the period of time (the "Termination Period")
ending on the tenth (10th) business day following the end of the Cure Period, whereupon all
Parties hereto or mentioned herein shall be released and relieved of further obligations,
liabilities or claims hereunder; or
(ii) any such Objections may be waived by or on behalf of the City, with the City to be
deemed to have waived such Objections if notice of termination is not given within the
Termination Period. Any title encumbrances or exceptions which are set forth in the Title
Commitment and to which City does not object on or prior to the last day of the Title Review
Period(or which are thereafter waived or deemed to be waived by City) shall be deemed to be
permitted exceptions (the "Permitted Exceptions") to the status of MCPL's title to the Land.
Notwithstanding anything to the contrary contained in this Agreement, MCPL agrees to cause
to be removed as exceptions to title, without the need for City to further object, the lien of any deed
of trust, mortgage, fixture filings, security interests, judgment liens, delinquent taxes, and any
mechanic's liens relating to work commissioned by, or performed at MCPL's direction (collectively,
the "Monetary Liens"). MCPL agrees and acknowledges that notwithstanding anything to the
contrary in this Agreement, the Monetary Liens are not, and will not be included as, Permitted
Exceptions. Additionally,the Condition Subsequent(as defined in the Development Agreement)shall
JC 17508404.2
be deemed a Permitted Exception.
2.05 Due Diligence Material. Within five (5) days of the Effective Date, MCPL shall
furnish to City all documents, records and information in MCPL's possession, custody, control, or
available to MCPL relating to the Old Library.
2.06 Investigation by City. City and its agents and designees shall have the right, at
reasonable times during normal business hours and upon 24 hour prior written notice to MCPL, for a
period of time commencing on the Effective Date and ending on a date which is sixty(60) days after
the Effective Date (the "Investigation Review Period"), to go upon the Old Library for the purpose
of inspecting the same and making such tests, studies, investigations, inquiries, projections and
examinations (the "Investigations") as City shall deem necessary, including capacity investigations,
traffic studies, road accessibility investigations, soils tests, borings tests, grading and engineering
studies,environmental assessments or audits, analytical tests,feasibility studies and construction cost
projections. Upon completion of such Investigations, City shall, at its sole expense, cause the Old
Library to be restored to substantially the same condition it was in prior to such entry, and shall
indemnify and hold MCPL harmless of and from all claims for bodily injury or property damage
which may be asserted against MCPL by reason of the activities of City or its agents and designees
during the Investigations. The Investigation Review Period shall run concurrently with the Title
Review Period.
ARTICLE III
CONDITIONS PRECEDENT TO CLOSING
3.01 City's Conditions Precedent. City's obligation to consummate the transaction
contemplated herein is conditioned upon:
(a) MCPL shall have materially performed and complied with all covenants,
agreements and obligations under this Agreement required to be performed or complied with
by it prior to or at Closing;
(b) The representations and warranties of MCPL in this Agreement shall be true and
correct in all material respects on and as of the date hereof and as of the Closing Date as if
made on and as of the Closing Date; and
(c) On the Closing Date, the Title Company shall be irrevocably committed to issue
City the Title Policy.
If any of City's Closing Conditions are not satisfied, City, in its sole and absolute discretion,
may terminate this Agreement by notice to MCPL and Escrow Holder and neither Party shall
thereafter have any further obligations or liability to the other hereunder. City shall have the right to
waive any or all of City's Closing Conditions and proceed to close Escrow subject to the unsatisfied
City Closing Conditions.
JC 17508404.2
3.02. MCPL's Conditions Precedent. MCPL's obligation to consummate the transaction
contemplated herein is conditioned upon satisfaction of each of the following conditions at or prior to
the Closing, any one or more of which conditions precedent may be waived by MCPL in MCPL's sole
discretion:
(a) Representations and Warranties. None of the representations and warranties of
City's set forth in Section 3.03 of this Agreement shall be untrue or inaccurate;
(b) City's Obligations. City shall have materially performed or complied with all of
City's covenants, agreements and obligations under this Agreement; and
(c) On the Closing Date, the Title Company shall be irrevocably committed to issue
MCPL the Title Policy((a)—(c) "MCPL Closing Conditions")
If any of the MCPL Closing Conditions are not satisfied, MCPL, in its sole and absolute
discretion, may terminate this Agreement by notice to City and Escrow Holder and neither Party shall
thereafter have any further obligations or liability to the other hereunder. MCPL shall have the right
to waive any or all of the MCPL Closing Conditions and proceed to close Escrow subject to the
unsatisfied MCPL Closing Conditions.
3.03 City's Representations and Warranties. City represents, warrants, covenants
and agrees as follows, which are true and accurate as of the Effective Date and shall be true
and accurate as of the date of Closing:
(a) City's Authority. This Agreement has been duly authorized and approved by the
Board of Aldermen and City has the power and authority consistent with City Ordinances and
the laws of the State of Missouri to enter into, execute, deliver, perform and consummate this
Agreement;
(b)There are no leases,contracts,agreements or commitments affecting the City Site,
or conveying or transferring any interest in the City Site, or affecting the use of the City Site
which extend beyond the Closing, other than those deed restrictions previously disclosed
related to the selling of any consumer products in competition with the current QuikTrip
located directly across the street from the City Site.
(c) From the date of this Agreement to and including the Closing, City shall not,
without the prior written consent of MCPL in each instance, enter into any contracts,
agreements or commitments with respect to the City Site which will survive the Closing.
3.04 MCPL's Representations and Warranties. MCPL represents, warrants,
covenants and agrees as follows, which are true and accurate as of the Effective Date and shall be true
and accurate as of the date of Closing:
JC 17508404.2
(a) MCPL has complete and unrestricted power and authority to enter into, execute,
deliver, perform and consummate this Agreement.
(b) There are no leases, contracts, agreements or commitments affecting the Old
Library, or conveying or transferring any interest in the Old Library, or affecting the use of
the Old Library which extend beyond the Closing.
(c) From the date of this Agreement to and including the Closing, MCPL shall not,
without the prior written consent of City in each instance,enter into any contracts,agreements
or commitments with respect to the Old Library which will survive the Closing.
ARTICLE IV
CLOSING
4.01 Closing Date and Time. Provided that all of the conditions of this Agreement shall
have theretofore been satisfied,the closing(the"Closing")of the purchase and sale of the Old Library
and the City Site shall be conducted at such time and location as shall be mutually agreeable to MCPL
and City. Either City or MCPL may, at its option,extend the Closing Date for up to one(1)additional
thirty(30)day period,upon written notice to the other Party,prior to the then scheduled Closing Date.
The date on which the Closing actually occurs is referred to herein as the "Closing Date."
4.02 MCPL's Closing Matters. At the Closing, MCPL shall do the following:
(a) Special Warranty Deed. Execute, acknowledge and deliver to City the MCPL
Deed conveying to City good and indefeasible title in fee simple to the Old Library, subject to
the Permitted Exceptions:
(b) Evidence of Authority. Deliver to City such evidence of MCPL's authority to
consummate the sale of the Old Library as is contemplated in this Agreement or as City or the
Escrow Agent may reasonably request;
(c) Possession of the Old Library. Deliver possession of Old Library to City;
(d) Owner's Title Policy. Deliver or cause the Title Insurer to commit to delivering
the Title Policy and deliver to the Title Insurer all customary owner's affidavits, survey
affidavits, no change affidavits and all other requirements reasonably requested by Title
Insurer;
(e) Tax Certificates. Deliver tax certificates or other written evidence showing that
there are no delinquent taxes, assessments or PILOTS (as defined in the Development
Agreement) affecting Parcel A as of the Closing Date;
(f) Other Documents. Execute, acknowledge where required and/or deliver any and
JC 17508404.2
all other items contemplated by the terms of this Agreement or reasonably required by City,
its legal counsel, Title Insurer or by the Escrow Agent.
4.03 City's Closing Matters. At the Closing, City shall do the following:
(a) Purchase Price. Deliver One Million Three Hundred Fifty Thousand and 00/100
dollars($1,350,000.00)to the Escrow Agent by U. S. Federal Reserve System wire transfer or
other immediately available good funds;
(b) Special Warranty Deed. Execute, acknowledge and deliver to MCPL the City
Deed conveying to MCPL good and indefeasible title in fee simple to the City Site, subject to
the Permitted Exceptions:
(c) Evidence of Authority. Deliver such evidence of authority to close the purchase
of the Old Library pursuant to this Agreement as MCPL or the Escrow Agent reasonably
requests;and
(d) Possession of the City Site. Deliver possession of City Site to MCPL;
(e) Owner's Title Policy. Deliver or cause the Title Insurer to commit to delivering
the Title Policy and deliver to the Title Insurer all customary owner's affidavits, survey
affidavits, no change affidavits and all other requirements reasonably requested by Title
Insurer;
(f) Other Items. Execute,acknowledge where required and/or deliver any and all other
items contemplated by the terms of this Agreement or reasonably required by MCPL or its
legal counsel or by the Escrow Agent.
4.04 Closing Costs. The Parties shall pay the respective premiums for the Owner's Title
Policy (including deletion of the standard exceptions set forth in Section 3.01), all recording charges
for the respective Deeds, all costs of the respective Title Policy, Monetary Liens and any special
charges or assessments affecting the Old Library or City Site required to be paid prior to Closing to
deliver unencumbered title to the Old Library or City Site to the respective Parties. The respective
Party shall pay all costs and expenses relating to that respective Party's financing, and the cost of any
endorsements or special coverages required by the respective Party to the Title Policy. Each Party
shall be responsible for the payment of its own attorneys' fees incurred in connection with this
Agreement and all other expenses which such Party incurs. The Parties shall split any escrow fee and
expenses charged by the Escrow Agent.
ARTICLE V
REMEDIES
5.01. City's Remedies for MCPL's Failure to Close. In the event that MCPL fails or
JC 17508404.2
refuses to convey the Old Library at Closing and City has satisfied all of City's obligations pursuant
to this Agreement, deposited the Purchase Price with the Escrow Agent, and is prepared to proceed
with Closing, City may exercise one of the following exclusive remedies:
(a) terminate this Agreement by giving MCPL written notice of such election prior to
or at the Closing, and thereupon this Agreement shall terminate, and all Parties hereto or
mentioned herein shall be relieved and released of all further obligations,claims and liabilities
hereunder;
(b) to waive, prior to or at the Closing, the applicable objection or condition and
proceed to the Closing of the transaction contemplated hereby in accordance with the
remaining terms hereof; or
(c) seek specific performance of MCPL's obligation to convey the Old Library under
this Agreement.
5.02 City's Remedies for Failure to Design, Construct and Complete new Library. If
the MCPL fails or refuses to design and construct a new library facility to be located on the City Site
in the City of Riverside for the benefit of the citizens of Riverside, Platte County and patrons within
two (2) years of Closing, subject to Force Majeure delays (as hereinafter defined), the title and
ownership of the City Site will revert to City and MCPL will refund the cash consideration paid by
City pursuant to this Agreement to City and City will return title and possession of the Old Library to
MCPL. Such reversion rights shall be included within the Deeds executed pursuant to this
Agreement. "Force Majeure" means "acts of God, strikes, lockouts, labor troubles, inability to
procure materials, failure of power, restrictive governmental laws, regulations or orders, riots,
insurrection, war, COVID-19, pandemic or other public health crisis or other reason of a like nature
not the fault of the party delayed in performing its work".
5.03 MCPL's Remedies. If City wrongfully fails or refuses to perform City's obligations
pursuant to this Agreement, MCPL not being in material default hereunder, MCPL shall be entitled,
as MCPL's sole and exclusive remedy, to terminate this Agreement by written notice to City and the
Escrow Agent.
ARTICLE VI
ENVIRONMENTAL
6.01 Representation and Warranty of MCPL. To MCPL's knowledge and except as may
be set forth in the Existing Environmental Reports, MCPL represents and warrants that: (i) there are
no Hazardous Substances or underground storage tanks in, on or under the Old Library, except those
that are in compliance with Environmental Law; (ii) there are no past, present or threatened releases
of Hazardous Substances in, on under or from the Old Library which has not been remediated in
accordance with Environmental Law; (iii) there is no threat of any release of Hazardous Substances
migrating to the Old Library;(iv)there is no past or present non-compliance with Environmental Law,
JC 17508404.2
or with permits issued pursuant thereto, in connection with the Old Library which has not been
remediated in accordance with Environmental Law; (v) MCPL has not received any written notice or
any other written communication from any Person (including but not limited to any governmental
authority)relating to Hazardous Substances or required remediation thereof,of possibility liability of
any Person pursuant to any Environmental Law in connection with the Old Library; and (vi) MCPL
has fully performed any recommended or required remediation pursuant to any Environmental Law
in connection with the Old Library.
6.02. Representation and Warranty of City. To City's knowledge and except as may be set
forth in the Existing Environmental Reports, City represents and warrants that: (i) there are no
Hazardous Substances or underground storage tanks in,on or under the Old OT Site,except those that
are in compliance with Environmental Law; (ii) there are no past, present or threatened releases of
Hazardous Substances in,on under or from the City Site which has not been remediated in accordance
with Environmental Law; (iii) there is no threat of any release of Hazardous Substances migrating to
the City Site;(iv)there is no past or present non-compliance with Environmental Law,or with permits
issued pursuant thereto,in connection with the City Site which has not been remediated in accordance
with Environmental Law; (v) City has not received any written notice or any other written
communication from any Person(including but not limited to any governmental authority)relating to
Hazardous Substances or required remediation thereof, of possibility liability of any Person pursuant
to any Environmental Law in connection with the City Site; and (vi) City or third party has fully
performed any recommended or required remediation pursuant to any Environmental Law in
connection with the City Site.
6.03 Defined Terms. For the purposes of this Article 6:
(a) "Hazardous Substance" means any pollutants, contaminants or industrial, toxic
or hazardous chemicals, wastes, materials or substances which are defined, determined, classified or
identified as such in any Environmental Law or in any judicial or administrative interpretation of any
Environmental Law, including without limitation,petroleum,petroleum by-products,friable asbestos,
polychlorinated biphenyls and urea formaldehyde.
(b) "Environmental Law" means all statutes, laws, acts, ordinances, rules,
regulations, orders, decrees and rulings of any Federal, State and/or local governmental or quasi-
governmental body,agency,board,commission and/or court relating to the protection of health and/or
the environment or otherwise regulating and/or restricting the use, storage, disposal, treatment,
handling, release and/or transportation of Hazardous Substances, including, without limitation, The
Comprehensive Environmental Response, Compensation and Liability Act of 1980, as now or
hereafter amended, The Resource Conservation and Recovery Act of 1976, as now or hereafter
amended, and the Environmental Control Laws of the State of Missouri (principally set forth at
Chapter 260 of the Revised Statutes of Missouri), as now or hereafter amended, and all regulations
respectively promulgated thereunder.
ARTICLE VII
JC 17508404.2
MISCELLANEOUS
7.01 Integration. This Agreement constitutes the entire and final expression of the
agreement of the parties hereto and supersedes all prior agreements and understandings of the parties,
either oral or written. There are no other agreements, oral or written, between the parties regarding
the Old Library.
7.02 Modification. This Agreement can be amended only by written agreement signed by
the parties hereto and by reference made a part hereof.
7.03 Binding Effect. This Agreement shall be binding upon and inure to the benefit of
MCPL and City, and their respective heirs, personal representatives, successors and assigns.
7.04 Notices. Any notice, communication, request, demand, reply or advice (severally and
collectively referred to as "Notice") in this Agreement required or permitted to be given, made or
accepted must be in writing. Notice may, unless otherwise specifically provided herein, be given or
served (a) by depositing the same in a receptacle regularly maintained and serviced by the United
States Postal Service, postage pre-paid, registered or certified, and addressed to the party to be
notified,with return receipt requested,or(b)by delivering the same to such party, or an agent of such
party, by commercial courier. Notice sent by registered or certified mail in the manner hereinabove
described shall be effective on the earlier of the third(3rd)business day after such deposit or the actual
receipt thereof. Notice given by commercial courier shall be effective on the date delivered to the
other party. For the purposes of Notice, the addresses of the parties shall, until changed as provided
below,be as follows:
City: The City of Riverside,Missouri
Attention: City Administrator
City Hall
2950 NW Vivion Road
Riverside, MO 64150
With copy to: Spencer Fane LLP
1000 Walnut,
Suite 1400
Kansas City, MO 64106-2140
Attn: Joe Bednar
MCPL: Consolidated Library District No. 3
a/k/a Mid-Continent Public Library
Attn: Steven V. Potter
15616 E. 24 Hwy
Independence, MO 64050
JC 17508404.2
With copy to: Consolidated Library District No. 3
a/k/a Mid-Continent Public Library
Attn: Jacob V. Wimmer
15616 E. 24 Hwy
Independence, MO 64050
The Parties hereto shall have the right from time to time to change their respective addresses,
and each shall have the right to specify as its address any other address within the United States of
America,by not less than ten (10) days'prior written notice to the other Party.
7.06 Brokerage Commissions. Each Party represents and warrants that no real estate
brokerage commission fee is payable to any person or entity in connection with the transaction
contemplated hereby, and each Party shall indemnify,defend and hold the other Party harmless from
and against the payment of any commission or fee to any person or entity claiming, or alleging to
claim, by, through or under the indemnifying Party.
7.07 Time. Time is of the essence in all things pertaining to the performance of this
Agreement.
7.08 Survival of Obligations. To the extent necessary to carry out the terms and
provisions hereof, the terms, conditions, warranties, representations, obligations and rights set forth
herein shall not be deemed terminated at the time of the Closing, nor shall they merge into the
various documents executed and delivered at the time of the Closing. All representations and
warranties by MCPL in this Agreement
(i) will expire two (2) year after the Closing Date as to matters for which City has not
provided written notice to MCPL within such period of time; and
(ii) will expire as to all matters specified in any such written notice to the extent that such
matters are not resolved or made the subject of litigation instituted prior to the expiration of three(3)
years after the Closing Date.
7.09 APPLICABLE LAW; VENUE; WAIVER OF JURY TRIAL. THE LAWS OF
THE STATE OF MISSOURI SHALL GOVERN THE CONSTRUCTION ENFORCEMENT,
INTERPRETATION AND VALIDITY OF THIS AGREEMENT. THE OBLIGATIONS OF THE
PARTIES ARE PERFORMABLE, AND VENUE FOR ANY LEGAL ACTION ARISING OUT
OF THIS AGREEMENT SHALL LIE, IN PLATTE COUNTY, MISSOURI. MCPL AND CITY
EACH HEREBY WAIVE THE RIGHT TO A TRIAL BY JURY IN ANY PROCEEDING
ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT.
JC 17508404.2
7.10 Headings. The headings that have been used throughout this Agreement have been
inserted for convenience of reference only and do not constitute matters to be construed in
interpreting this Agreement.
7.11 Terminology. Words of any gender used in this Agreement shall be held and
construed to include any other gender and words in the singular number shall be held to include
the plural, and vice versa, unless the context requires otherwise. The words "herein," "hereof,"
"hereunder" and other similar compounds of the word "here" when used in this Agreement shall
refer to the entire Agreement and not to any particular provision or section. The words "include"
and "including" shall be deemed to be followed by the phrase "without limitation"unless otherwise
qualified.
7.12 Construction of Agreement. This Agreement shall not be construed more strictly
against one party than against the other merely by virtue of the fact that it may have been prepared by
legal counsel for one of the parties, it being recognized that both MCPL and City have contributed
substantially and materially to the preparation of this Agreement.
7.13 Severability. If any one or more of the provisions of this Agreement, or the
applicability of any such provision to a specific situation, shall be held invalid or unenforceable, such
provision shall be modified to the minimum extent necessary to make it or its application valid and
enforceable, and the validity and enforceability of all other provisions of this Agreement and all other
applications of any such provision shall not be affected thereby.
7.14 Counterpart Execution. This Agreement may be executed in several counterparts,
each of which shall be fully executed as an original and all of which together shall constitute one and
the same instrument.
7.15 Further Acts. In addition to the acts recited in this Agreement to be performed by
MCPL and City, MCPL and City agree to perform or cause to be performed at the Closing or after the
Closing Date any and all such further acts as may be reasonably necessary to consummate the
transactions contemplated hereby.
7.16 Litigation. In the event of litigation between the Parties with respect to the Old
Library, this Agreement, the performance of the obligations hereunder or the effect of a termination
under this Agreement,the losing Party shall pay all reasonable attorneys'fees and expenses and court
costs incurred by the prevailing Party in connection with such litigation.
7.17 Benefit. This Agreement is for the benefit only of the Parties hereto or their respective
heirs, personal representatives, successors and assigns, and no other person or entity shall be entitled
to rely hereon,receive any benefit here from or enforce against any Party hereto any provision hereof.
7.18 Assignment. City may assign this Agreement and all rights hereunder to an affiliated
entity provided that
JC 17508404.2
(i) City shall remain jointly and severally liable with the assignee for the obligations
contained in this Agreement;
(ii) City, and any assignee by accepting assignment of this Agreement, expressly
agrees to defend and indemnify MCPL from any litigation arising out of the assignment;
(iii) written notice of the assignment, including the name of the assignee, is provided
to MCPL at three (3)business days prior to Closing.
7.19 Form of Instruments. Except as otherwise provided herein, all instruments to be
furnished hereunder shall be prepared in such form as is reasonably acceptable to the party receiving
such instrument.
7.20 Tenders of Performance. All tenders of performance shall be made at the Closing
and at or before the time specified for the Closing.
7.21 Legal Holidays and Business Days. If any date herein set forth for the performance
of any obligations by MCPL or City or for the delivery of any instrument or notice as herein provided
should be on a Saturday, Sunday or legal holiday, the compliance with such obligations or delivery
shall be deemed acceptable on the next business day following such Saturday,Sunday or legal holiday.
As used herein, the term"legal holiday" means any federal holiday for which financial institutions or
post offices in Riverside, Missouri are generally closed for observance thereof. As used herein, the
term"business day" shall mean a day which is not a Saturday, Sunday or legal holiday.
7.22 Nonwaiver. Except as otherwise specifically provided for hereunder, no Party shall
be deemed to have waived any of its rights hereunder unless such waiver is in writing and signed by
the Party waiving such right. Except as otherwise specifically provided for hereunder, no delay or
omission by any Party in exercising any right shall operate as a waiver of such right or of any other
right. A waiver on any one occasion shall not be construed as a bar to, or waiver of, any right or
remedy on any future occasion. All rights and remedies, whether evidenced hereby or by any other
agreement, instrument or paper, will be cumulative and may be exercised separately or concurrently.
7.23 Effective Date; Acceptance. The effective date (the "Effective Date") of this
Agreement shall be the date that the Escrow Agent receives and receipts one or more counterparts of
this Agreement that have been signed by both MCPL and City. The execution hereof by City shall
constitute an offer by City to MCPL to purchase the Old Library on the terms and conditions herein
stated,which must be accepted by MCPL on or before 5:00 p.m.,the City of Riverside,Missouri time,
on the tenth(10th)business day(the "Acceptance Date")following the date set forth below the City's
signature hereto, by the execution hereof by MCPL and the delivery of at least two fully-executed
counterparts of same to the Escrow Agent on or before the Acceptance Date with instructions to
deliver at least one fully executed copy thereof to City. If City's offer is not accepted in such manner
by the Acceptance Date, the same shall be thereafter null and void.
JC 17508404.2
IN WITNESS WHEREOF, this Agreement has been duly executed in multiple counterparts (each
of which is to be deemed an original for all purposes) by the parties hereto on the respective date
appearing below each party's signature to be effective on the Effective Date herein specified.
CITY:
CITY OF IVERSIDE, MISSOURI
By:
athleen L. Rose, Mayor
ATTEST:
ay: •
Robin Kinc id, City Clerk
JC 17508404.2
MCPL:
Consolidated Library District No. 3,
a/k/a Mid-Continent Public Library
By:
Steven V. Potter, Director&C.E.O.
Date:
JC 17508404.2
EXHIBIT A
CITY SITE
( Beacon Platte County, MO
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Parcel ID 23-2 0-04-200-006-002 030 Alternate ID n/a Owner Address CITY OF RIVER SIDE
Sec/Twp/Rng 4/50/33 Class Commercial 2950 NW VMON RD
Property Address 4510 NW GATEWAY AVE Acreage 14573 RIVERSIDE MO 64150-0000
District Dist 23
Brief Tax Description WEDOW PART OF LOTS 23.4.6,8 AND ALL OF LOTS 3S 7
(Note.Not to be used on legal documents)
Date create:5/112022
last Data Uoloade:5,10202211:17.12 PM
DeeemPed bY441 0Meider
1C 17508404.2
EXHIBIT B
CITY DEED
COVER PAGE FOR RECORDING
1. Title of Document: Special Warranty Deed
2. Date of Document: _, 2022
3. Grantor Name and Address: CITY OF RIVERSIDE,MISSOURI
2950 NW Vivion Road
Riverside,Missouri 64150
4. Grantee Name and Address: CONSOLIDATED LIBRARY DISTRICT No. 3
a/k/a MD-CONTINENT PUBLIC LIBRARY
Attn: Steven V. Potter
15616 E. 24 Hwy
Independence, MO 64050
5. Legal Description/Address: See attached Exhibit A
6. Book and Page Reference: N/A
is 17508404.2
MISSOURI SPECIAL WARRANTY DEED
THIS INDENTURE is made as of , 2022 (the"Effective Date"),by and between The City of
Riverside, Missouri, a political subdivision of the State of Missouri ("Grantor"), with an address of 2950
NW Vivion Road, Riverside, MO 64150, and Consolidated Library District No. 3 a/k/a Mid-Continent
Public Library("Grantee"), with an 15616 E. 24 Hwy, Independence,MO 64050.
WITNESSETH, that Grantor, for and in consideration of the sum of TEN DOLLARS ($10.00) and
other good and valuable consideration, to Grantor paid by Grantee (the receipt of which is hereby
acknowledged) does by these presents, SELL AND CONVEY, unto Grantee and Grantee's heirs, successors
and assigns, the following described lots, tracts or parcels of land, lying, being and situate in Platte County,
Missouri (the"Property"),to wit:
See Attached Exhibit A.
SUBJECT TO: (a) easements, restrictions, declarations, reservations, agreements, instruments and
other matters of record, if any; (b) taxes and assessments, general and special, not now due and payable; and
(c)rights of the public in and to the parts thereof in streets,roads or alleys.
EXCEPT AND FURTHER SUBJECT TO:
This Deed is made and delivered upon the condition subsequent, which shall be binding upon and
enforceable against GRANTEE and its successors in title, that if GRANTEE fails or refuses to design and
construct a new library facility on the Property for the benefit of the citizens of the City of Riverside, Platte
County,Missouri within two(2)years of the Effective Date,subject to Force Majeure delays as set forth in the
Purchase and Sale Agreement between Grantor and Grantee dated ,2022,then all right,title and interest
herein conveyed in and to the Property shall,at the election of GRANTOR,automatically revert to and become
the property of GRANTOR,which shall have the immediate right to enter upon and take full possession of the
Property, and shall be obligated to forthwith refund to GRANTEE or its then successor(s) in title all monies
paid on the purchase price of the Property by GRANTEE to GRANTOR. Upon request of GRANTEE for
good cause shown, an extension of GRANTEE'S covenant to commence construction of the library facility
may be granted by GRANTOR, such consent shall not be unreasonably withheld or delayed. The failure of
GRANTOR to insist upon strict performance of such condition subsequent,in whole or in part,shall not affect
a waiver or relinquishment of the same. When construction of such library facility has been completed in
accordance with the terms herein provided, then(i) all reversionary rights of GRANTOR shall terminate and
be extinguished, and(ii) GRANTEE shall thereupon hold title to the Property free and clear of this condition,
GRANTOR shall at the request and expense of GRANTEE, execute and record against title to the Property a
writing validly evidencing the termination of GRANTOR'S reversionary right as hereinabove set forth.
TO HAVE AND TO HOLD the premises aforesaid, with all and singular the rights, privileges,
appurtenances and immunities thereto belonging or in anywise appertaining unto Grantee and Grantee's heirs,
successors and assigns,forever; Grantor hereby covenanting that the said premises are free and clear from any
encumbrance done or suffered by Grantor, except as set forth herein; and that Grantor will warrant and defend
the title to said premises unto Grantee and Grantee's heirs, successors and assigns, forever, against the lawful
claims and demands of all persons claiming under Grantor, except as set forth herein.
JC 17508404.2
IN WITNESS WHEREOF,Grantor has executed these presents as of the Effective Date.
GRANTOR
CITY OF RIVERSIDE,MISSOURI
By:
athleen Rose, Mayor
(SEAL) _ —
Attest.'
'City Clerk. . . . •; ,`:.
STATE OF MISSOURI )
)SS.
COUNTY OF PLATTE )
On this 7 day of /14 QUI ,2022,before me appeared Kathleen L. Rose, to me personally
known, who, being by me duly sworn,did say that she is the Mayor of the CITY OF RIVERSIDE,
MISSOURI,a political subdivision of the State of Missouri, and that the seal affixed to the foregoing
instrument is the seal of said City, and said instrument was signed and sealed in behalf of said City by
authority of its Board of Aldermen, and said individual acknowledged said instrument to be the free act and
deed of said City.
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.
cz,Y
Notar Public
My Commission Expires:
=o- PUS— My Coim ssbn Expi9S
NOTAR`('. March 8,2023
y, 5- Clinton C-orty
�, 5' Commission#1540631
.;C ,",,
JC 17508404.2
EXHIBIT A
LEGAL DESCRIPTION
[to be confirmed by title work and survey]
JC 17508404.2
LEGAL DESCRIPTION
All of Tracts 2 and 3 and part of Tracts 4 and S, WEDOW ADDITION, a subdivision in Riverside, Platte
County, Missouri described as follows: Beginning at the Northeast corner of said Tract J; thence
South 05 degrees 45 minutes 00 seconds East along the Easterly line of Tracts 2, 3 and 4, 250.00 feet
to a point which is 50.80feet Southeasterly form the Northeast corner of said Tract 4 as measured
along said Easterly line; thence North 71degrees OOminutes O7seconds West, along aline which if
produced west would intersect the Westerly line of Tract G in said VVEDOVV ADDITION, at a point
which is 50.10 feet (Deeded 50.0 feet) Southwesterly from the Northwest corner thereof as
measured along said Westerly line, 196.54feet(Deeded=196.23feet) toapoint 196.54feet (Deeded
— 196.23) East of point on the Westerly line of Tract 6' thence North 17 degrees 41 minutes 38
seconds East, 228.77 feet to a point on the Northerly line of said Tract 5, said point being 24.55 feet
Southeasterly of the Northwest corner of said Tract S, thence South 78 degrees 01 minutes UO
seconds East, along the Northerly line of Tracts 5 and 2, 97.40 feet (Deeded 97.05 Feet) to the point
of beginning.
TRACTl1:
All of Tracts 7 and 8 and part of Tracts 5 and 6, WEDOW ADDITION, a subdivision in Riverside, Platte
County, Missouri, all being more particularly described as follows: Beginning at the Northwest corner
of said Tract 8; thence Southwesterly along the Westerly line of Tracts 8, 7, and 6 to a point which is
50.0 feet Southwesterly from the Northwest corner of said Tract 6, as measured along said Westerly
line; thence Easterly along a line which, if produced East would intersect with the Easterly line of
Tract in said VVED(]VVADDITION at a point which is 50.0feet Southeasterly from the Northeast
corner thereof as measured along said Easterly line, a distance uf196.33 feet; thence Northerly toa
point in the Northerly line of said Tract 5 which is 24.55 feet East of the Northwest corner of said
Tract 5, thence West along the Northerly line of Tracts 5 and 8 97.05 feet to the point of beginning.
EXHIBIT C
MCPL DEED
COVER PAGE FOR RECORDING
1. Title of Document: Special Warranty Deed
2. Date of Document: _, 2022
3. Grantor Name and Address: CONSOLIDATED LIBRARY DISTRICT No. 3
a/k/a MID-CONTINENT PUBLIC LIBRARY
Attn: Steven V. Potter
15616 E. 24 Hwy
Independence, MO 64050
4. Grantee Name and Address: CITY OF RIVERSIDE,MISSOURI
2950 NW Vivion Road
Riverside,Missouri 64150
5. Legal Description/Address: See attached Exhibit A
6. Book and Page Reference: N/A
is 17508404.2
MISSOURI SPECIAL WARRANTY DEED
THIS INDENTURE is made as of , 2022 (the "Effective Date"), by and between The
Consolidated Library District No.3 a/k/a Mid-Continent Public Library("Grantor"), with an address of
15616 E. 24 Hwy, Independence, MO 64050, and the City of Riverside,Missouri, a political subdivision of
the State of Missouri("Grantee"), with an address of 2950 NW Vivion Road,Riverside,MO 64150.
WITNESSETH, that Grantor, for and in consideration of the sum of TEN DOLLARS ($10.00) and
other good and valuable consideration, to Grantor paid by Grantee (the receipt of which is hereby
acknowledged) does by these presents, SELL AND CONVEY, unto Grantee and Grantee's heirs, successors
and assigns, the following described lots, tracts or parcels of land, lying, being and situate in Platte County,
Missouri,to wit(the"Property"):
See Attached Exhibit A.
SUBJECT TO: (a) easements, restrictions, declarations, reservations, agreements, instruments and
other matters of record, if any; (b) taxes and assessments, general and special, not now due and payable; and
(c)rights of the public in and to the parts thereof in streets,roads or alleys.
EXCEPT AND FURTHER SUBJECT TO:
This Deed is made and delivered upon the condition subsequent, which shall be binding upon and
enforceable against GRANTEE and its successors in title, that if that certain real property conveyed by
GRANTEE to GRANTOR for the construction of a new library facility reverts back to GRANTEE, then all
right,title and interest herein conveyed in and to the Property shall,at the election of GRANTOR,automatically
revert to and become the property of GRANTOR,which shall have the immediate right to enter upon and take
full possession of the Property,and shall be obligated to forthwith refund to GRANTEE or its then successor(s)
in title all monies paid on the purchase price of the Property by GRANTEE to GRANTOR. When construction
of such library facility has been completed in accordance with the terms herein provided, then (i) all
reversionary rights of GRANTOR shall terminate and be extinguished, and (ii) GRANTEE shall thereupon
hold title to the Property free and clear of this condition, GRANTOR shall at the request and expense of
GRANTEE, execute and record against title to the Property a writing validly evidencing the termination of
GRANTOR'S reversionary right as hereinabove set forth.
TO HAVE AND TO HOLD the premises aforesaid, with all and singular the rights, privileges,
appurtenances and immunities thereto belonging or in anywise appertaining unto Grantee and Grantee's heirs,
successors and assigns,forever; Grantor hereby covenanting that the said premises are free and clear from any
encumbrance done or suffered by Grantor,except as set forth herein; and that Grantor will warrant and defend
the title to said premises unto Grantee and Grantee's heirs, successors and assigns, forever, against the lawful
claims and demands of all persons claiming under Grantor, except as set forth herein.
[Signatures on following page]
•
JC 17508404.2
IN WITNESS WHEREOF,Grantor has executed these presents as of the Effective Date.
GRANTOR
CONSOLIDATED LIBRARY DISTRICT NO. 3,
a/k/a MID-CONTINENT PUBLIC LIBRARY
By:
Name:
Title:
(SEAL)
Attest:
STATE OF MISSOURI )
)SS.
COUNTY OF PLATTE )
On this day of , 2022,before me appeared ,to me personally known,
who,being by me duly sworn, did say that he/she is the of the Consolidated Library District
No.3 a/k/a Mid-Continent Public Library(the"Library"), and that the seal affixed to the foregoing
instrument is the seal of said Library and said instrument was signed and sealed in behalf of said Library by
authority of its Board of Directors,and said individual acknowledged said instrument to be the free act and
deed of said Library.
IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my official seal in the County
and State aforesaid, the day and year first above written.
Notary Public
My Commission Expires:
JC 17508404.2
EXHIBIT A
LEGAL DESCRIPTION
(to be confirmed by title work and survey]
JC 17508404.2
LEGAL DESCRIPTION
A tract of land in the Northeast quarter of Section 4, Township 50, Range 33 in the City of Riverside, Platte
Cmunty, Missouri, being bounded and described asfollows: Commencing atthe Northwest corner ofthe
Northeast quarter of said Section 4; thence due South, along the West line of said Northeast quarter,
916.00 feet; thence North 89' 56' 56" East, 181.68 feet to the True Point of Beginning of the tract to be
herein described; thence North 89' 56' 56" East, 488.32 feet to a point on the West line of Homestead
Road, as now established; thence due South, along said West line, 35.66 feet to a point on the Northerly
Right of Way line of U.S. Highway No. 69 (Vivion Road), as now established; thence South 67* 29' 00" West,
along said Right of Way line, 89.31 feet; thence North 22* 31' 00" West, along said Right of Way line, 10.00
feet; thence Southwesterly, along said Right of Way line, on a curve to the Left, having a radius of 2341.83
feet, an arc distance of 277.14 feet; thence South 89* 56' 56" West, departing from said Right of Way line,
149.92feet; thence North O^ 55' 28"VVest, 1O1.]6feet tothe True Point ofBeginning.
COVER PAGE FOR RECORDING
1. Title of Document: Special Warranty Deed
2. Date of Document: _, 2022
3. Grantor Name and Address: CONSOLIDATED LIBRARY DISTRICT No. 3
a/k/a MID-CONTINENT PUBLIC LIBRARY
Attn: Steven V. Potter
15616 E.24 Hwy
Independence, MO 64050
4. Grantee Name and Address: CITY OF RIVERSIDE,MISSOURI
2950 NW Vivion Road
Riverside, Missouri 64150
5. Legal Description/Address: See attached Exhibit A
6. Book and Page Reference: N/A
WA 3747592.1
MISSOURI SPECIAL WARRANTY DEED
THIS INDENTURE is made as of , 2022 (the "Effective Date"), by and between The
Consolidated Library District No.3 a/k/a Mid-Continent Public Library("Grantor"),with an address
of 15616 E. 24 Hwy, Independence, MO 64050, and the City of Riverside, Missouri, a political
subdivision of the State of Missouri ("Grantee"), with an address of 2950 NW Vivion Road, Riverside,
MO 64150.
WITNESSETH,that Grantor,for and in consideration of the sum of TEN DOLLARS($10.00)and
other good and valuable consideration, to Grantor paid by Grantee (the receipt of which is hereby
acknowledged) does by these presents, SELL AND CONVEY, unto Grantee and Grantee's heirs,
successors and assigns, the following described lots, tracts or parcels of land, lying, being and situate in
Platte County, Missouri, to wit(the"Property"):
See Attached Exhibit A.
SUBJECT TO: (a)easements,restrictions,declarations,reservations,agreements,instruments and
other matters of record, if any; (b) taxes and assessments, general and special, not now due and payable;
and(c)rights of the public in and to the parts thereof in streets,roads or alleys.
EXCEPT AND FURTHER SUBJECT TO:
This Deed is made and delivered upon the condition subsequent, which shall be binding upon and
enforceable against GRANTEE and its successors in title, that if that certain real property conveyed by
GRANTEE to GRANTOR for the construction of a new library facility reverts back to GRANTEE, then
•
all right, title and interest herein conveyed in and to the Property shall, at the election of GRANTOR,
automatically revert to and become the property of GRANTOR, which shall have the immediate right to
enter upon and take full possession of the Property,and shall be obligated to forthwith refund to GRANTEE
or its then successor(s) in title all monies paid on the purchase price of the Property by GRANTEE to
GRANTOR. When construction of such library facility has been completed in accordance with the terms
herein provided,then(i)all reversionary rights of GRANTOR shall terminate and be extinguished,and (ii)
GRANTEE shall thereupon hold title to the Property free and clear of this condition, GRANTOR shall at
the request and expense of GRANTEE, execute and record against title to the Property a writing validly
evidencing the termination of GRANTOR'S reversionary right as hereinabove set forth.
TO HAVE AND TO HOLD the premises aforesaid, with all and singular the rights, privileges,
appurtenances and immunities thereto belonging or in anywise appertaining unto Grantee and Grantee's
heirs,successors and assigns,forever; Grantor hereby covenanting that the said premises are free and clear
from any encumbrance done or suffered by Grantor,except as set forth herein;and that Grantor will warrant
and defend the title to said premises unto Grantee and Grantee's heirs, successors and assigns, forever,
against the lawful claims and demands of all persons claiming under Grantor,except as set forth herein.
[Signatures on following page]
2
JC 17509027.1
IN WITNESS WHEREOF,Grantor has executed these presents as of the Effective Date.
GRANTOR
CONSOLIDATED LIBRARY DISTRICT NO.
3,a/k/a MID-CONTINENT PUBLIC
LIBRARY
By:
Name:
Title:
(SEAL)
Attest:
STATE OF MISSOURI )
) SS.
COUNTY OF PLATTE )
On this day of , 2022,before me appeared ,to me personally
known,who,being by me duly sworn,did say that he/she is the of the Consolidated Library
District No.3 a/k/a Mid-Continent Public Library(the"Library"), and that the seal affixed to the
foregoing instrument is the seal of said Library and said instrument was signed and sealed in behalf of
said Library by authority of its Board of Directors, and said individual acknowledged said instrument to
be the free act and deed of said Library.
IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my official seal in the County
and State aforesaid,the day and year first above written.
Notary Public
My Commission Expires:
3
JC 17509027.1
EXHIBIT A
LEGAL DESCRIPTION
[to be confirmed by title work and survey]
4
JC 17509027.1
COVER PAGE FOR RECORDING
1. Title of Document: Special Warranty Deed
2. Date of Document: _, 2022
3. Grantor Name and Address: CITY OF RIVERSIDE,MISSOURI
2950 NW Vivion Road
Riverside,Missouri 64150
4. Grantee Name and Address: CONSOLIDATED LIBRARY DISTRICT No. 3
a/k/a MID-CONTINENT PUBLIC LIBRARY
Attn: Steven V. Potter
15616 E. 24 Hwy
Independence, MO 64050
5. Legal Description/Address: See attached Exhibit A
6. Book and Page Reference: N/A
WA 3747592.1
MISSOURI SPECIAL WARRANTY DEED
THIS INDENTURE is made as of , 2022(the"Effective Date"),by and between The City
of Riverside, Missouri, a political subdivision of the State of Missouri ("Grantor"), with an address of
2950 NW Vivion Road, Riverside, MO 64150, and Consolidated Library District No. 3 a/k/a Mid-
Continent Public Library("Grantee"), with an 15616 E. 24 Hwy, Independence,MO 64050.
WITNESSETH,that Grantor,for and in consideration of the sum of TEN DOLLARS($10.00)and
other good and valuable consideration, to Grantor paid by Grantee (the receipt of which is hereby
acknowledged) does by these presents, SELL AND CONVEY, unto Grantee and Grantee's heirs,
successors and assigns, the following described lots, tracts or parcels of land, lying, being and situate in
Platte County, Missouri(the"Property"),to wit:
See Attached Exhibit A.
SUBJECT TO: (a)easements,restrictions,declarations,reservations,agreements,instruments and
other matters of record, if any; (b) taxes and assessments, general and special, not now due and payable;
and(c)rights of the public in and to the parts thereof in streets,roads or alleys.
EXCEPT AND FURTHER SUBJECT TO:
This Deed is made and delivered upon the condition subsequent, which shall be binding upon and
enforceable against GRANTEE and its successors in title, that if GRANTEE fails or refuses to design and
construct a new library facility on the Property for the benefit of the citizens of the City of Riverside,Platte
County,Missouri within two(2)years of the Effective Date,subject to Force Majeure delays as set forth in
the Purchase and Sale Agreement between Grantor and Grantee dated , 2022,then all right, title and
interest herein conveyed in and to the Property shall,at the election of GRANTOR,automatically revert to
and become the property of GRANTOR, which shall have the immediate right to enter upon and take full
possession of the Property,and shall be obligated to forthwith refund to GRANTEE or its then successor(s)
in title all monies paid on the purchase price of the Property by GRANTEE to GRANTOR. Upon request
of GRANTEE for good cause shown,an extension of GRANTEE'S covenant to commence construction of
the library facility may be granted by GRANTOR, such consent shall not be unreasonably withheld or
delayed.The failure of GRANTOR to insist upon strict performance of such condition subsequent,in whole
or in part,shall not affect a waiver or relinquishment of the same. When construction of such library facility
has been completed in accordance with the terms herein provided, then (i) all reversionary rights of
GRANTOR shall terminate and be extinguished, and (ii) GRANTEE shall thereupon hold title to the
Property free and clear of this condition, GRANTOR shall at the request and expense of GRANTEE,
execute and record against title to the Property a writing validly evidencing the termination of
GRANTOR'S reversionary right as hereinabove set forth.
TO HAVE AND TO HOLD the premises aforesaid, with all and singular the rights, privileges,
appurtenances and immunities thereto belonging or in anywise appertaining unto Grantee and Grantee's
heirs,successors and assigns,forever; Grantor hereby covenanting that the said premises are free and clear
from any encumbrance done or suffered by Grantor,except as set forth herein;and that Grantor will warrant
and defend the title to said premises unto Grantee and Grantee's heirs, successors and assigns, forever,
against the lawful claims and demands of all persons claiming under Grantor,except as set forth herein.
2
JC 17509025.1
EXHIBIT A
LEGAL DESCRIPTION
[to be confirmed by title work and survey]
4
JC 17509025.1
IN WITNESS WHEREOF,Grantor has executed these presents as of the Effective Date.
GRANTOR
CITY OF VERSIDE,MISS URI
By:
athleen Rose, Mayor
(SEAL)
Aesi: . .
City Clerk
STATE OF MISSOURI )
)SS.
COUNTY OF PLATTE )
On this )7 day of ,2022, before me appeared Kathleen L. Rose, to me personally
known, who,being by me duly swo ,did say that she is the Mayor of the CITY OF RIVERSIDE,
MISSOURI,a political subdivision of the State of Missouri,and that the seal affixed to the foregoing
instrument is the seal of said City, and said instrument was signed and sealed in behalf of said City by
authority of its Board of Aldermen, and said individual acknowledged said instrument to be the free act
and deed of said City.
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.
_-_A. c /.. r__Le:__,_4'
Not Public
LAi_
My Commission Expires: cud_
S, �v�3 •``•YP''•
Ug ROBIN L.KINGWO
��.• ..G/. My Commission Expires
.. SEAL �_ March 8 2023
Clinton County
' OF M�' Commission#15390631
3
JC 17509025.1
LEASE
THIS LEASE (the "Lease") is made effective as of July 26, 2022, by and between CITY
OF RIVERSIDE, MISSOURI, a Missouri municipal corporation (City"), and CONSOLIDATED
LIBRARY DISTRICT No. 3, a/k/a MID-CONTINENT PUBLIC LIBRARY, and/or its assigns
("MCPL").
Recitals
A. MCPL is a consolidated library district and tax -supported political subdivision that serves
nearly 850,000 people in the greater Kansas City metro area;
B. City is a fourth class city duly organized and validly existing under the laws of the State of
Missouri;
C. City owns real property located at 2700 N.W. V ivion Road, Riverside, MO 64150, as more
fully described in Exhibit A attached hereto and incorporated by reference herein, which
includes the real property and a building suitable to serve as a library (collectively, the
"Premises");
D. MCPL wishes to utilize the Premises as a library for a period of up to two (2) years during
the period of construction of the new library; and
E. City desires to lease the Premises to MCPL, and MCPL wishes to lease the Premises from
City on the terms and conditions herein provided.
Agreement
In consideration of the mutual covenants and promises hereafter set forth, City and MCPL
agree as follows:
1. Premises. City hereby leases MCPL the Premises, with the exclusive right to use
all areas and facilities attached to thereto.
2. Term. The initial term of this Lease shall be for two (2) years beginning on the
date of the closing on the purchase by the City of the Premises and ending ninety (90) days after
issuance of a Certificate of Occupancy for the new library. If necessary the Lease will be extended
for an additional term of one (1) year upon the same terms and conditions as are currently set forth
herein.
3. Consideration. For use of the Premises, MCPL will pay a base rent of $1 annually.
4. Use of the Premises. MCPL will use and occupy the Premises for the provision of
library services and services attendant thereto.
5. Nonassignability. MCPL may not, without first obtaining the written consent of
City, which consent may not be unreasonably withheld, (a) assign this Lease nor any interests
City of Rtverside_MCPL Lease Agreement
hereunder, (b) permit any assignment hereof by operation of law, (c) sublet the Premises (or any
part thereof), or (d) permit the use of the Premises by any parties other than MCPL or MCPL's
employees, agents, or invitees.
6. Alterations. MCPL may, at MCPL's own cost and expense, make alterations or
additions to the Premises, provided that such alterations or additions shall be of good workmanship
and material at least equal to that of the original construction, and that such alterations or additions
neither shall reduce the size or strength of any structure, nor adversely affect the market value of
the Premises. All erections, fixtures, and improvements, whether temporary or permanent in
character, made in or upon the Premises, either by MCPL or City, will be City's property and will
remain upon the Premises at the termination of this Lease, without compensation to MCPL except
that MCPL will retain ownership of and may remove during or at the time of the expiration of this
Lease such business trade fixtures and personal property as are brought onto the Premises by
MCPL, provided that MCPL must repair any damage caused by said removal.
7. Covenants of MCPL. MCPL covenants and agrees as follows:
(a) MCPL will not use or permit anything to be used on the Premises that will
invalidate any policies of insurance on the Premises.
(b) MCPL will make all repairs and replacements in and to the Premises
necessary for the purpose of providing ongoing library services on the Premises.
(c) MCPL will keep in good condition and repair (i) the foundations, exterior
walls, roof and common areas of the structures and the parking lots, sidewalks,
landscaping, grass areas and all other approaches to and adjacent to the structures; and (ii)
the plumbing, heating, air-conditioning, electrical systems, machinery and equipment, the
maintenance, repair, and use of which are necessary for the full use and enjoyment of the
Premises.
(d) MCPL will not in any manner deface or injure the Premises.
(e) MCPL will be solely responsible for furnishing electricity, gas, water,
janitorial and environmental services, trash removal, telephone, interne, cable, or satellite
television service, or any other services or utilities desired by MCPL.
(f) MCPL will comply with all governmental, health, and policy requirements
and regulations respecting the Premises.
8. Covenants of City. As a part of the rental rate and at no additional cost to MCPL,
City covenants and agrees to provide MCPL with copies of all regulations and policies governing
the use of the Premises, if any, and this Lease will be contingent upon MCPL's review and
acceptance of the requirements contained in such documents. MCPL will be notified of any
subsequent amendments or modifications to such documents prior to implementation.
9. Insurance Coverage. MCPL shall maintain with insurers authorized to do business
in the State of Missouri and that are well rated by any recognized national rating organization:
2
City of Riverside_MCPL Lease Agreement
(a) Comprehensive general public liability insurance against claims for bodily
injury, death, or property damage arising out of City's use or occupancy of the Premises
with a single limit amount of not less than One Million Dollars ($1,000,000), and a general
policy aggregate of not less than Three Million Dollars ($3,000,000) if such aggregate
applies to this policy; and
(b) Fire and extended coverage insurance in an amount not less than the full
insurable value of the Building as determined from time to time (but not less than once
every three years) by the insurer.
(c) All necessary insurance for those persons under MCPL's direction and
control providing services at the Premises (or MCPL will assure that such persons carry
such insurance), including professional negligence liability insurance and workers'
compensation coverage, such insurance to be in an amount and form in compliance with
the laws of the State of Missouri;
(d) Comprehensive general liability insurance against claims for bodily injury,
death, or property damage arising out of MCPL's use or occupancy of the Premises; and
(e) Fire and extended coverage insurance for the full insurable value of MCPL's
fixtures, equipment, and other items of personal property located on or within the Premises.
10. Insurance Policy Terms and Conditions. The policies of insurance required to be
maintained by MCPL pursuant to Section 9 will name the City as an additional named insured,
and may be carried under blanket policies maintained by the parties.
11 . Insurance Certificate. Within ten (10) days' written request of City, MCPL will
submit to City certificates of the insurers evidencing all the insurance that is required to be
maintained hereunder.
12. Mutual Waiver. Each party does hereby waive and release any and all claims,
demands, and causes of action which such party may otherwise have against the other for damage
to or loss of the Premises, or any of the contents and leasehold improvements thereon belonging
to either City or MCPL, arising from perils ordinarily insured against under standard fire and
extended coverage insurance policies issued in the State of Missouri at the time of such loss or
damage.
13. Indemnity. MCPL will at all times indemnify and hold the City harmless against
all actions, claims, demands, costs, damages, and expenses of every kind which may be brought
or made, arising from the negligence of the MCPL, its agents, employees and invitees. MCPL
shall indemnify, defend (with counsel reasonably satisfactory to the City) and hold the City
harmless from any and all claims, demands or causes of action (including costs and reasonable
attorney fees) for personal injury, death or property damage arising out of any act or omission of
MCPL, its contractor or subcontractors except to the extent primarily caused by the acts or
omissions of the City.
3
City of Riverside_MCPL Lease Agreement
14. Modification. Any alteration, modification or change in the provisions of this
Lease shall be reduced to writing and executed by the parties.
15. Waiver of Breach. The waiver of any party hereto of a breach of any provision of
this Lease shall not operate or be construed to be a waiver of any subsequent breach by any party.
16. Default. If default shall be made any time by either party in any of the covenants
herein contained, then written notice of the default shall be given to the defaulting party. If the
default is not cured within ten (10) days of the defaulting party's receipt of said notice, the party
not in default may, at its option, terminate this Lease. Upon the termination of said Lease or at the
expiration by lapse of time of the term hereby demised, MCPL will at once surrender possession
of the Premises to City and remove all effects therefrom.
17. Merger. This Lease constitutes the entire agreement between the parties relating
to the subject matter of this Lease. No oral statements or prior written material not specifically
incorporated herein shall be of any force and effect.
18. Severability. In the event that any provision of this Lease is held to be
unenforceable for any reason, the unenforceability thereof shall not affect the remainder of this
agreement, which shall remain in full force and effect and enforceable in accordance with its terms.
19. Governing Law. The parties agree that this Lease shall be governed by and
construed in accordance with the laws of the State of Missouri.
20. Notices. Any notice or other documents required or permitted by this Lease must
be in writing and shall be deemed given at the time it is hand delivered, electronically mailed
("emailed") or deposited in the United States mail, postage prepaid, certified or registered, return
receipt requested and addressed to the party to whom it is to be given as follows:
To MCPL:
To City:
Consolidated Library District No. 3,
a/k/a MID-CONTINENT PUBLIC LIBRARY
Attn: Library Director and CEO
15616 E. 24 Hwy
Independence, MO 64050
City of Riverside, Missouri
Attn: City Administrator
2950 NW Vivion Road
Riverside, MO 64150
21. Binding Upon Successors. This Lease shall inure to the benefit of and be binding
upon the parties hereto and their successors and assigns.
4
City of Riverside MCPL Lease Agreement
IN WITNESS WHEREOF, the parties hereto have executed this Lease.
Consolidated Library District No. 3
a/k/a MID-CONTINENT PUBLIC LIBRARY
MCPL
BY:
NAME:
TITLE:
City of Riverside, Missouri
City
BY:
N E: 1<ltItleen L Rose
TITLE: Mayor
City of Riverside MCPL Lease Agreement
.1C 17507202.2
IN WITNESS WHEREOF, the parties hereto have executed this Lease.
Consolidated Library District No, 3
a/k/a MID-CONTINENT PUBLIC LIBRARY
MCPL
BY: autait-
1
NAME: Susan Wray
TITLE: Acting Library Director and CEO
City of Riverside, Missouri
City
BY:
NAME: Kathleen L. Rose
TITLE: Mayor
City of Riverside MCPL Lease Agreement
Exhibit A
Legal Description
A tract nfland hmthe Northeast Quarter nfSection 4.Township 5A Range 33.inthe City o/Riverside, Platte
County, Missouri; being bounded and described oofollows: Commencing at the Northwest corner oYthe
Northeast Quarter of said Section 4; thence due south, along the West line of said Northeast Quarter, 916.00
feet; thence North 89 degrees, 56 minutes, 56 seconds East, 181,68 feet to the True Point of Beginning of the
tract to be herein described; thence North 89 degrees, 56 minutes, 56 seconds East, 488.32 feet to a point on
the West line of Homestead Road, as now established: thence due South, along said West line, 35.66 feet to
a point on the Northerly Right -of -Way line of US. Highway No. 69 (Vivion Road) as now established; thence
South M7degrees, 20minutes, 00seconds West, along said Right-o/VVoyline, 88.31feet; thence North 22
degrees, 31 minutes, U8seconds West, along said Right-of-YVu line 1O0Ufeet; thence Southwesterly, along
said Right -of -Way line on a curve to the left, having a radius of 2341.83 feet, an arc distance of 277.14 feel;
thence south 8Sdegrees, 58m\nutwa. 56 seconds West, departing from said Right -of -Way line, 149.92feot;
thence North 0degrees, 55minutes, 28seconds West, 181.40feet tothe True Point ofBeginning.
6r
City ofmverude—MCM Lease Agreement