HomeMy WebLinkAbout2174 Authorizing City to Enter into and Execute Funding Agreement with Riverside Horizons Community Improvement DistrictBILL NO. 2026-040 ORDINANCE NO. 2174
AN · ORDINANCE AUTHORIZING THE CITY TO ENTER INTO AND EXECUTE A
FUNDING AGREEMENT WITH RIVERSIDE HORIZONS COMMUNITY
IMPROVEMENT DISTRICT
WHEREAS, the City of Riverside, Missouri, a fourth-class city and political subdivision of
the State of Missouri (the "City") and the Riverside Horizons Community Improvement
District (the "CID"), a public body created under the authority of the "Missouri Community
Improvement District Act." Section 67.1401, et seq., RSMo, as may be amended (the
"Act" and formed pursuant to Ordinance No. 1725, adopted by the Board of Aldermen of
the City (the "City" and together with the CID a "Party" or collectively the "Parties") desire
to enter into a Reimbursement Agreement ("Agreement") attached hereto as Exhibit A
and incorporated herein; and
WHEREAS, the CID is authorized to levy a one percent (1.0%) CID sales and use
tax on all taxable retail sales within the boundaries of the CID (the "CID Sales Tax"); and
WHEREAS, the City is the fee owner of certain real property located in the City as
legally described on Agreement's Exhibit A and generally depicted on the Agreement's
Exhibit B (the "Property"); and
WHEREAS, the City and Live Nation Entertainment, Inc., a Delaware corporation
("LNE") have entered into (i) an unrecorded Lease Agreement dated December 6, 2022
(the "Original Agreement"); (ii) that certain Amended and Restated Ground Lease
Agreement dated as of March 7, 2024, which amended, restated and replaced the
Original Agreement in its entirety (the "First Amended Lease"); and (iii) that certain
Second Amended and Restated Ground Lease Agreement dated as of October 3, 2024,
which amended and restated the first Amended Lease in its entirety (collectively, as so
amended, the "Lease") and for which a Memorandum of said Lease was recorded; and
WHEREAS, pursuant to the Lease, the City has granted to LNE a leasehold
interest in the Property constituting the Premises (as defined in the Lease) (the
"Premises")
WHEREAS, the City entered into an Amended and Restated Development
Agreement with LNE dated March 7, 2024, and the City and LNE amended said
development agreement on October 3, 2024, (the "Development Agreement"), pursuant
to which LNE shall cause the development of the Project (as defined in the Development
Agreement).; and
WHEREAS, The Project includes, among other things, the construction of certain
Public Infrastructure (as defined in the Development Agreement), which the City, through
or in coordination with LNE, shall be responsible for the construction of the Public
Infrastructure; and
WHEREAS, the total estimated cost of the Public Infrastructure is Forty-One
Million, Eight Hundred Eighty-Three Thousand Seventy-Five and 00/100 Dollars
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BILL NO. 2026-040 ORDINANCE NO. 2174
($41,883,075.00), as shown on the budget attached hereto as the Agreement's Exhibit
C;and
WHEREAS, The Missouri General Assembly appropriated, and the Governor
approved, Twenty Million and 00/100 Dollars ($20,000,000.00) to the Missouri
Department of Economic Development ("OED") to provide "grants, as provided in Section
100.263, RS Mo, to fourth class cities in a federally approved levee district to construct
public infrastructure including parking, roadways, lighting, utilities and sidewalks, and to
remediate and improve soil conditions, all to support destination tourism facilities of not
less than a capacity of 15,000 people" from the "General Revenue Fund" for State Fiscal
Year 2024 (July 1, 2023 -June 30, 2024 (House Bill 7, § 7.143) (the "Appropriation");
and
WHEREAS, the City entered into an agreement with the Missouri Development
Finance Board on October 14, 2024, (the "MDFB Funding Agreement") to provide for the
transfer of the revenue subject to the Appropriation to the City to pay for a portion of the
costs of the design and construction of the Public Infrastructure; and
WHEREAS, the City has represented to the DED that total costs for the
Amphitheater, ancillary facilities, and supporting infrastructure is $119,730,000 (the
"Project"); and private funds will constitute approximately $94,730,000 that, in addition to
the Appropriation and the City providing an additional $5 million for public infrastructure,
will be used to pay Project costs; In addition, the City has previously provided $14.5 million
for land acquisition and fill and.
WHEREAS, the City represented to OED that the funding provided by the
Appropriation, not to exceed $20,000,000, will be used for purposes set forth in the
Appropriation; and
WHEREAS, the City has represented to the CID that the Public Infrastructure shall
include, but is not necessarily limited to, the improvements which are generally depicted
on the site plan attached hereto as the Agreement's Exhibit D; and
WHEREAS, the City represented to OED that the Project, once completed, will
result in a public benefit that includes the following: (a) estimated 350,000 visitors
annually, with more than half of those not being local visitors; (b) Generation of off-site
spending from visitors, including day trip and overnight trip visitors; and (c) an estimated
generation of $7.5 million annually in state and local tax revenues; and
WHEREAS, the Board of Aldermen find that the Reimbursement Agreement fulfills
a public purpose and will further the growth of the City, facilitate the development of
Riverside, improve the environment of the City, increase the assessed valuation of the
real estate situated within the City, increase the sales tax revenues realized by the City,
foster increased economic activity within the City, increase employment opportunities
within the City, enable the City to direct the development of the Property, and otherwise
be in the best interests of the City by furthering the health, safety, and welfare of its
2
BILL NO. 2026-040 ORDINANCE NO. 2174
residents and taxpayers; and, approves and authorizes the Funding Agreement in
substantially the same form as Exhibit A attached hereto and incorporated herein.
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 AUTHORIZATION AND
APPROVAL OF THE REIMBURSEMENT AGREEMENT. The Board of Aldermen find it
is in the best interest of the City, in order to further the growth of the City, improve the
environment of the City, foster increased economic activity within the City, increase
employment opportunities within the City, further the objectives of the TIF Plan, further
build out the public infrastructure and otherwise is in the best interests of the City by
furthering the health, safety, and welfare of its residents and taxpayers, to authorize the
City to enter into and execute the Reimbursement Agreement ("Agreement") with the
Riverside Horizons Community Improvement District (the "CID"),, in substantially the
same form as Exhibit A, attached hereto and incorporation herein, and said Agreement
is hereby authorized and approved.
SECTION 2. AUTHORITY GRANTED. The Mayor is hereby authorized and
directed to execute the Agreement in substantially the same form as that attached hereto
and incorporated herein as Exhibit A ,. between the City and the MDFB , 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 3. EFFECTIVE DATE. This Ordinance shall be in full force and effect
from and after its passage and approval.
3
BILL NO. 2026-040 ORDINANCE NO. 2174
PASSED AND APPROVED: the 5th day of May 2026.
/s/ Kathleen L. Rose
Kathleen L. Rose, Mayor
ATTEST:
/s/ Melissa McChesney
Melissa McChesney, City Clerk
Approved to form:
/s/ Joe Bednar
Spencer Fane LLP,
Special Counsel to the City
by Joe Bednar
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BILL NO. 2026-040 ORDINANCE NO. 2174
EXHIBIT A
THE REIMBURSEMENT AGREEMENT
5
REIMBURSEMENT AGREEMENT
This REIMBURSEMENT AGREEMENT ("Agreement") is entered into by and between the City
of Riverside, Missouri, a fourth-class city and political subdivision of the State of Missouri (the "City"),
and the Riverside Horizons Community Improvement District (the "CID"), a public body created under
the authority of the "Missouri Community Improvement District Act." Section 67.1401, et seq., RSMo,
as may be amended (the "Act" and formed pursuant to Ordinance No. 1725, adopted by the Board of
Aldermen of the City(the "City" and together with the CID a "Party" or collectively the "Parties").
1. RECITALS
1.1. The CID is authorized to levy a one percent (1.0%) CID sales and used tax on all
taxable retail sales within the boundaries of the CID (the "CID Sales Tax").
1.2. The City is the fee owner of certain real property located in the City as legally described
on Exhibit A and generally depicted on Exhibit B (the "Property").
1.3. The City and Live Nation Entertainment, Inc., a Delaware corporation ("LNE") have
entered into (i) an unrecorded Lease Agreement dated December 6, 2022 (the
"Original Agreement"); (ii) that certain Amended and Restated Ground Lease
Agreement dated as of March 7, 2024, which amended, restated and replaced the
Original Agreement in its entirety (the "First Amended Lease"); and (iii) that certain
Second Amended and Restated Ground Lease Agreement dated as of October 3,
2024, which amended and restated the first Amended Lease in its entirety (collectively,
as so amended, the "Lease") and for which a Memorandum of said Lease was
recorded.
1.4. Pursuant to the Lease, the City has granted to LNE a leasehold interest in the Property
constituting the Premises (as defined in the Lease) (the "Premises").
1.5. The City entered into an Amended and Restated Development Agreement with LNE
dated March 7, 2024, and the City and LNE amended said development agreement
on October 3 , 2024, (the "Development Agreement"), pursuant to which LNE shall
cause the development of the Project (as defined in the Development Agreement).
1.6. The Project includes, among other things, the construction of certain Public
Infrastructure (as defined in the Development Agreement), which the City, through or
in coordination with LNE, shall be responsible for the construction of the Public
Infrastructure.
1.7. The total estimated cost of the Public Infrastructure is Forty-One Million, Eight Hundred
Eighty-Three Thousand Seventy-Five and 00/100 Dollars ($41,883,075.00), as shown
on the budget attached hereto as Exhibit C.
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1.8. The Missouri General Assembly appropriated, and the Governor approved, Twenty
Million and 00/100 Dollars ($20,000,000 .00) to the Missouri Department of Economic
Development ("OED") to provide "grants, as provided in Section 100.263, RSMo, to
fourth class cities in a federally approved levee district to construct public infrastructure
including parking, roadways, lighting, utilities and sidewalks, and to remediate and
improve soil conditions, all to support destination tourism facilities of not less than a
capacity of 15,000 people" from the "General Revenue Fund" for State Fiscal Year
2024 (July 1, 2023 -June 30, 2024 (House Bill 7, § 7.143) (the "Appropriation").
1.9. The City entered into a Funding Agreement with the Missouri Development Finance
Board on October 14, 2024, (the "MDFB Funding Agreement") to provide for the
transfer of the revenue subject to the Appropriation to the City to pay for a portion of
the costs of the design and construction of the Public Infrastructure.
1. 10. The City has represented to OED that total costs for the amphitheater, ancillary
facilities, and supporting infrastructure is $119,730,000 (the "Project"). Private funds
will constitute approximately $94,730,000 that, in addition to the Appropriation and the
City providing an additional $5 million for public infrastructure, will be used to pay
Project costs. In addition, the City has previously provided $14.5 million for land
acquisition and fill.
1.11. The City has represented to the CID that the Public Infrastructure shall include, but is
not necessarily limited to, the following improvements which are generally depicted on
the site plan attached hereto as Exhibit D:
(a) Approximately 6,366 paved and striped parking spaces;
(b) Installation of public gas, water, electric, storm sewer and sanitary sewer
facilities;
(c) the parking lots associated with the development;
(d) earth work and site improvements including grading and excavation necessary
to prepare the Premises for construction of the Project; and
(e) vehicular roadways providing access within and to and from the Premises to
the existing public street network.
1.12. The City has represented to the CID that the Project, once completed, will result in a
public benefit that includes the following:
(a) Estimated 350,000 visitors annually, with more than half of those not being
local visitors;
(b) Generation of off-site spending from visitors, including day trip and overnight
trip visitors;
(c) Estimated generation of $7.5 million annually in state and local tax revenues;
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1.13. The Parties wish to set forth their mutual expectations and obligations with respect to
this Agreement, and agree as follows:
2. TERM OF THE AGREEMENT
2.1. The term of this Agreement shall be the last date signed by the Parties through full
reimbursement of the City and LNE for their respective contributions to funding the
costs of the Public Infrastructure, unless earlier terminated by the Parties, or an earlier
termination of this Agreement pursuant to Section 6 of this Agreement.
2.2. Upon termination, Sections 1 (recitals), 3.2-3.3 (reporting), 5 (record retention and
access), and 6 (default and remedies), of this Agreement shall survive and continue in
force.
3. PARTIES' OBLIGATIONS
3.1. The City shall provide to the CID contact information, a description of the Project, and
an E-Verify Affidavit with E-Verify Memorandum of Understanding.
3.2. The City shall provide CID with quarterly progress reports from the project architect or
other representative of the City (March 31, June 30, September 30, and December 31)
to include the following:
(a) Project completion status;
(b) Anticipated Project completion date;
(c) Description of activities during the quarter; and
(d) Status of expenditures.
3.3. The City shall provide the CID with a final report no later than thirty (30) days after the
Project is complete, which shall describe the Project as completed and an accounting
of amounts spent by source.
3.4. The CID is not liable for any obligations, expenditures, or commitments in any amount
more than that expended for the Public Infrastructure portion of the Project less the
Appropriation, unless this Agreement is amended by the Parties in writing. The City
expressly agrees that the CID is not constructing the Project, including the Public
Infrastructure, and will have no obligations related to the construction of the Project
except as it relates to the reimbursement of the City's and LNE's contribution to the
cost of the Public Infrastructure portion of the Project.
4. DISBURSEMENTS
4.1 As used in this Agreement, the term "Available Revenues" shall mean all revenues
generated by the CID Sales Tax, less the reasonable and actual operating costs of the
CID . The CID shall disburse portions of its revenues to the City upon receipt of fully
executed disbursement requests in substantially the same form as attached hereto as
Exhibit E (each a "Disbursement Request"). The CID shall be entitled to rely upon
each Disbursement Request in disbursing amounts and it shall have no duty to conduct
any investigation into the authenticity of the signatures on such Disbursement Request
or the accuracy of the information set forth therein, including the amount or purpose
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for which such disbursement is being made.
4.2 The CID and the City agree to the following conditions and procedures in connection
with disbursements:
(a) All Disbursement Requests shall be submitted to the CID for approval as
provided in Section 4.1. All disbursements shall be made payable to the City.
(b) In no event shall the City submit more than one Disbursement Request to the
CID each month, unless approved by the Cl D's Board of Directors.
(c) All disbursements shall be subject to satisfaction of the following conditions:
(i) no disbursement shall be used for any Public Infrastructure costs
inconsistent with the purposes authorized by the Development
Agreement and the Act; and
(ii) no disbursement shall be made prior to the exhaustion of the State
Appropriations.
(d) The CID shall have the right to cease funding Disbursement Requests upon
the occurrence of any of the following, subject to the notice and cure terms as
described in Section 6 below:
(i) a material adverse change in the financial condition of the City;
(ii) no commencement of the construction of the Project by January 1,
2026;
(iii) an event of Project abandonment, as determined by Missouri
Development Finance Board or the CID; or
(iv) the City's failure to perform any material covenant, condition or other
provision of this Agreement.
The CID shall promptly notify the City of its election to cease funding
Disbursement Requests and such notice shall contain a description of the
basis upon which the CID has exercised such right to cease funding
Disbursement Requests. If the CID and the City are unable to agree to a
waiver, extension or modification of such conditions, the CID shall have the
right to proceed as provided in, and subject to the terms of, Section 6.
4.3 Within ten (10) business days after the submission of a fully completed Disbursement
Request to the CID, the CID shall process such request for payment or notify the City
of any information needed to process such Disbursement Request.
5. RECORD RETENTION AND ACCESS
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5.1. The City shall establish and maintain, during the term of this Agreement, all books of
account, reports, and records directly related to this Agreement. The City agrees to
make available to the CID, during normal business hours, all book of account, reports
and records relating to this Agreement for the duration of this Agreement and retain
them for a minimum period of one (1) year beyond the termination of the Agreement.
5.2. The City must give the CID, the Missouri State Auditor, and their authorized
representatives, access to any records (electronic and otherwise) of the City related to
this Agreement to conduct inspections, audits, or other investigations . The City must
also give timely and reasonable access to its personnel for the purpose of interview
and discussion related to such records.
6. DEFAULT AND REMEDIES
6.1. The City's failure to comply with the material terms of this Agreement, are default
events if such failure continues for a period of thirty (30) days following written notice
from the CID to the City specifying such failure and requiring that it be remedied, in
which case the CID may:
(a) Wholly or partially suspend or terminate this Agreement; and
(b) Pursue such other remedies as may be legally available.
7. STANDARD TERMS
7.1. Pursuant to §285.530.1 RSMo, the City must not knowingly employ, hire for
employment, or continue to employ an unauthorized alien to perform work within the
State of Missouri.
(a) The City submitted an Affidavit Pursuant to §285.530 RSMo and the City's
Employment Eligibility Verification Program ("E-Verify") Memorandum of
Understanding to CID.
(b) The City hereby reaffirms its enrollment and participation in E-Verify with
respect to the employees working in connection with this Agreement.
7.2. All instructions, notices, consents, demands, or other communications required or
contemplated by this Agreement shall be in writing and addressed as follows:
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NOTICE TO CID
Riverside Horizons Community
Improvement District Board of Directors
Attn: Travis Hoover
District Manager
2950 NW Vivion Road
Riverside, Missouri 64150
Phone: (816) 7 41-3993
Email: thoover @riversidemo.gov
With a copy to:
Husch Blackwell LLP
Attn: Chris Kline
4801 Main Street, Ste. 1000
Kansas City, MO 64112
Email: chris.kline@huschblackwell.com
NOTICE TO CITY
City of Riverside, Missouri
Attn: City Administrator
2950 NW Vivion Road
Riverside, Missouri 64150
Phone: (816) 741-3993
Email: bkoral @riversidemo.gov
With a copy to :
Spencer Fane LLP
Attn: Joe Bednar
1000 Walnut Street, Ste. 1400
Kansas City, MO 64106
Email: jbednar@spencerfane.com
(a) Notwithstanding Section 7.2, the CID and the City may from time to time
designate, unilaterally and by written notice given under this section to the
other, additional or substitute contact information.
(b) All instructions, notices, consents, demands, or other communications shall be
considered effectively given upon receipt or recipient confirmation of receipt,
whichever occurs first.
7.3. This Agreement may be amended, supplemented, reduced, or superseded only by a
writing executed by the Parties.
7.4. In this Agreement, unless the context otherwise reasonably requires:
(a) Headings are for reference purposes only and shall not alter the interpretation
of this Agreement;
(b) Words importing the singular may include the plural and vice versa, as
reasonably required by context;
(c) References to any document include references to such document as
amended, novated, supplemented, varied, or replaced from time to time;
(d) References to a statute, regulation, or executive order means such statute,
regulation, or executive order as amended from time to time; and
(e) References to a party to this Agreement includes that Party's legal successors
(including, but not limited to, executors and administrators) and permitted
assigns.
7 .5. The validity, interpretation, construction, and performance of this Agreement shall be
governed by the laws of the State of Missouri.
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7 .6. Any legal action or proceeding with respect to this Agreement shall be brought in the
courts of the State of Missouri in Platte County, Missouri, and by signing and delivering
this Agreement to CID, the City hereby voluntarily and irrevocably accepts, generally
and unconditionally, to the personal jurisdiction of the aforesaid courts.
7.7 . No member, official, director, officer, agent, employee, shareholder, representative,
attorney or consultant of the CID shall be personally or otherwise in any way liable to
the City or any third-party in the event of any default, breach or failure of performance
by the CID under this Agreement or for any amount which may become due to the City
with respect to any agreement, indemnity or other obligation under this Agreement.
7 .8. The representations, covenants and recitations set forth in the foregoing recitals and
the exhibits attached to this Agreement are material to this Agreement and are hereby
incorporated into and made a part of this Agreement as though they were fully set forth
herein.
7.9. Neither the City nor CID shall assign any of their respective rights or obligations under
this Agreement without the prior written consent of the other Party. Any purported
transfer in violation of this section will be void.·
7.10. This Agreement shall be binding upon and inure to the benefit of the Parties and their
respective authorized successors and assigns.
7 .11. This Agreement does not contemplate any third-party beneficiaries, nor shall it be
construed to create any legal right nor authorize a cause of action by any person who
is not a Party.
7 .12. If any provision of this Agreement is found to be invalid or unenforceable, the validity
and enforceability of the remaining provisions shall not be affected.
7. 13. The signatories to this Agreement on behalf of the Parties represent that they have full
capacity and authorization to sign this Agreement and bind their respective Parties.
7.14. This Agreement may be signed by the Parties in any number of counterparts, each of
which shall be deemed an original, but all of which together shall constitute one and
the same instrument.
7.15. The Parties agree that electronic signatures, whether digital or encrypted, of the
Parties are intended to authenticate this writing and have the same force and effect as
a wet signature. Delivery of a copy of this Agreement or any other document
contemplated by this Agreement bearing a wet or electronic signature by electronic
mail in "portable document format" (".pdf') form , or by any other electronic means
intended to preserve the original graphic and pictorial appearance of a document, will
have the same effect as physical delivery of the paper document bearing a wet or
electronic signature.
7.16. Any document generated by the Parties with respect to this Agreement, including this
Agreement, may be imaged and stored electronically and introduced as evidence in
any proceeding as if original business records. Neither Party will object to the
admissibility of such images as evidence in any proceeding on account of having been
stored electronically .
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8. ENTIRE AGREEMENT
8.1. This Agreement constitutes the entire understanding between the Parties with respect
to the subject matter of this Agreement and supersedes all other agreements, whether
written or oral, between the Parties.
RIVERSIDE HORIZONS COMMUNITY IMPROVEMENT DISTRICT
By:
/s/ John C. Smedley 7 May, 2026
John Smedley, Chairman Date signed
CITY OF RIVERSIDE, MISSOURI
By:
/s/ Kathleen L. Rose May 5, 2026
Mayor Date signed
Date signed
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EXHIBIT A
Legal Description of the Property
All of Lots 2 and 3 and part of Tract A. REPLAT OF DOORLI~ 1ST PLAT, a subdivision in the City
of Riverside and all that part of the Northwest Quarter, the Northeasl Quarter, the Sou:theast Quarter, and
the Southwest Quarter of Fractional Section 7, Township S-0 North. Range 33 West of the Fifth Principal
Meridi~ City of Riverside, County of Platte, State of Missouri, more particularly described by Randy G..
Zerr; Missouri PLS~2018016442, on Man:h I~' 2024 as foUows:
Beginning; at th!;: Northwest comer of said Lot 3, thence-South 89°24'06" East. along the North line of said
Lot 31 1387.26 feet to the Northeast comer thereof; thence South 00°20'28"' West, along the East line of
said Lot 3, 19' .. 85 feet to a point of intersection with the westerly extertsion of the North line of said Lot .2;
thence South 89~39'33" East, along said Nonh line and the extension thereof, 1299.1 I feet to a point of
intersection with the West line of said Tract A; thence North 00°20'16" East. along said West line, 80.00
feet to the Southwest comer of 40 WEST AT HORJZONS, ·a subdivision plat in said Cit}' of Riverside, as
recorded in the Platte County Recorder of Deeds' Office in Book 22. on Page 372 (lnstrument No.
202200788.9); thence, along the South line of saJd 40 WEST AT HORIZONS subdivision plat; the
foUowing three (3) courses~ thence South 89°39'35" East, 867.62.foet; thence South.59°14'16" West. 182.07
feet to a point of curvature; thence .southwesterly. along a non.rtangent curve lo the left having an arc length
of41M.Q2 feel, a radius of 544.00 feei, and a chord which Qears So01h 33°47'13'' West, 468.:it feet; thence
South 08c>I 752'' West, 239.27 feet~ thence southwesterly~ along .a non-tangent curve lo the right having an
arc length of 853.65 feet, a radius of 1356.00 feet. and a chord which bears South 261)19'58'; West, 839.62
f~t; thence South 45°37'57" East, 81.00 feet; thence southwesterly. along a non~tangent curve to the right
having an arc length of 129.41 feet. a radius of 1437.00 feet. and a chord which bears South 461;156'51 11
West,. 129.36 feet~ thence South ooe20'16" Westi 86.90 feel to the Northerly right.-of-way of lnterstate
Highway I-635 as now established in March 2024; thence the following five (5) courses to follow said
Interstate Highway right--0f-way; thence South 59°45"0I" WestT 341.72 feet~ thence South 49°45'53" West,
33l.08 feet; thence South 43°11 153" West, 295.37 feet; thence South 66°15'51" Easti 41.16 feet; thence
South 32°10'28" Wcs1, 186.77 feel to rhc EQ.St 1ine of the Riversidc-Quindaro Bend Levee District: thence
the follo\\ing twenty-seven (27) coursed to follow said Levee District East line; thence North 66.045'03"
West) 513.39 feet~ thence North 66'0 43'35" West, 594.19 fee,t; thence North 66°19'03" West, )39.24 feet;
then.cc North 58Q43'00" West, 129.73 feet; chc:nce North 52°20'27" West, 106.59 feet; thence North
46°39'03" West. 97,58 feet; thence North 40°59'26'' West, %.05 feet; thence North 34°25'09" East. 74.70
feet; thence North 53°58tJ9n F...ist, 96.12 feet; thence North 36°1213411 West, 50.00 feet; thence South
53°58'18'' West, 95.98 feet; thence South 73°37'17'' Wes~ 74.34 feet; thence North 33°38'59it West; 5.8.61
feet; thence North 26°16'50" West. 135.90 feet. thence North 17°3)'50" West, 181.09 feet; thence North
08°46'51" West, 135.90 feet; thence North 03°46'48" Wes~ 45.33 feet; thence North 00°38'28" East, 376.57
feel; thence North 00°J8'Sl" East. 252.39 feet.; thence North 72°35'06 11 EaSt, 79.77 feet; thence Sot,1th
89°36'44"' East, 92;9.~ feet; thence North 00tl30'45" F...ast, lS.98 feet; thence North 00¢22'16 11 West, 4 .52
feet; thence North 00°43 ►15t• East, 29.82 feet; thence North 89"28'07" West, 93.17 feet; thence North
70°55'42" West, 79 .. 92 feet~ thence North 00()39'00'' East, 279.78 feet to the Point of Beginning, containing
5.905,938 square feet. or 135.582 acres. more or less.
A-I
EXHIBIT B
General Depiction of Property
(map of property)
A-1
EXHIBITC
Public Infrastructure Budget
Construction Costs
Pre-Construction Services $341,839
Construction Cost - Phase 1 Surcharging $2,826,089
Construction Cost - Phase 2 Infrastructure $27,000,000
Asphalt Car Parking $3,980,000
Prevailing Wage Requirement $3,250,000
Subtotal - Construction Costs $37,397,928
Soft Costs
Architecture & Engineering $1,194,299
Pre-Construction $77,718
Site & Civil $152,001
Project Management $38,623
Signage/Wayfinding Design $77,246
Environmental Impact Assessment $18,945
Zoning/Permit Fees $141,746
Testing/Quality Control $57,934
Reimbursable Expenses $23,174
Subtotal - Cost Costs $1,781,685
FF&E $-
Contingency $2,703,461
Total Estimated Costs of the Public Infrastructure
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EXHIBIT D
Site Plan
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EXHIBITE
FORM OF DISBURSEMENT REQUEST
Disbursement Request No. __
To: Riverside Horizons Community Improvement District
c/o Husch Blackwell, LLP,
4801 Main Street, Ste. 1000
Kansas City, Missouri 64112
Attention: Chris Kline, Counsel to the District
Telephone No. (816) 983-8285
E-mail: CHRIS.KLINE@HUSCHBLACKWELL.COM
Re: City of Riverside -Disbursement Request for Amphitheater Project
You are hereby requested pursuant to Article 4 of the Funding Agreement dated as of
[*Document Date*] (the "Agreement"), to transfer to the City of Riverside, Missouri (the "City") to permit
it to issue checks to or otherwise pay the following named payee(s) to provide for the payment of the
following Project costs:
Description
Payee/Address/Tax ID No. Amount of Project Costs
The undersigned hereby states and certifies that:
1. Each item listed above is a proper Project cost. Attached hereto are invoices,
statements, bills or other documents evidencing the fact that such payment has been incurred.
2. These Project costs have been incurred and have been paid or are presently due and
payable in connection with the Project and are eligible for payment in accordance with the
requirements of the Agreement.
3. No item listed above has previously been included in any other Disbursement Request
previously approved by the Board under the provisions of the Agreement.
4. All necessary permits and approvals required for the portion of the work on the Project
for which this withdrawal is to be made have been issued and are in full force and effect.
5. The payment of this Disbursement Request is in compliance with all of the restrictions
contained in the Agreement.
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CITY OF RIVERSIDE, MISSOURI
By:
Kathleen L. Rose
Approved for Payment on ______ , 20_:
Date signed
RIVERSIDE HORIZONS COMMUNITY DEVELOPMENT DISTRICT
By: ______________ _
Title: _______________ _
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