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HomeMy WebLinkAbout2009-087 - Briarcliff DevelopementBILL N0.2009-87 ORDINANCE NO.2009-87 AN ORDINANCE APPROVING THE FIRST AMENDMENT TO THE REDEVELOPMENT AGREEMENT WITH BRIARCLIFF DEVELOPMENT COMPANY IN CONNECTION WITH THE WEST PLATTE ROAD REDEVELOPMENT PLAN, AND APPROVING OTHER ACTIONS RELATING THERETO WHEREAS, pursuant to the Real Property Tax Increment Allocation Redevelopment Act, Sections 99.800 to 99.865 of the Revised Statutes of Missouri, as amended (the "Act"), the Tax Increment Financing Commission of Riverside, Missouri did recommend, after a public hearing on May 23, 2007 and pursuant to Resolution 2007-OS-02 adopted May 23, 2007, and the Board of Aldermen of the City did approve, pursuant to Ordinance 2007-69 adopted July 3, 2007, the "West Platte Road Redevelopment Plan" (the "Redevelopment Plan"); and WHEREAS, the City and Briazcliff Development Company, as developer, entered into that certain Redevelopment Agreement dated August 14, 2007 relating to implementation of the Redevelopment Plan; and WHEREAS, the City and Briazcliff desire to amend certain terms in the Redevelopment Agreement as set forth in the First Amendment to Redevelopment Agreement; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI, AS FOLLOWS: Section 1. The First Amendment to Redevelopment Agreement, in substantially the form attached as Exhibit A (with such changes, additions and deletions as may be approved by the officer executing such document, such execution being conclusive proof of such approval), the execution and delivery of such agreement, and the performance of the City's obligations thereunder are approved. The Mayor is authorized and directed to execute and deliver such Agreement on behalf of the City. Section 2. The Mayor, the City Clerk and other officers and agents of the City aze hereby authorized and directed to execute all documents and take such steps as they deem necessary and advisable in order to carry out and perform the intent of this Ordinance. Section 3. This Ordinance shall take effect immediately upon passage. SED AND ADOPTED by the Board of Aldermen of the City of Riverside, Missouri this day of July, 2009. Kathleen L. Rose, Mayor ATTEST: C 7 012515 Title of Document: First Amendment to Redevelopment Agreement Date of Document: August til'", 2009 Grantor: Briarcliff Development Company Grantor's Address: 4151 N. Mulberry Drive, Suite 205 Kansas City, Missouri 64116 Grantee: City of Riverside, Missouri Grantee's Address: c/o City Administrator City Hall 2950 NW Vivion Road Riverside, Missouri 64150 Legal Description: See Exhibit 1 Reference: BK1109PG0494 Please return recorded document to: Deborah A. Polk Armstrong Teasdale LLP 2345 Grand, Suite, 2000 Kansas City, Missouri 64108 ~`F,T~ O( MISSRr~?I ~~ 2609 t.IJG 20 A l i ~ 41 FIRST AMENDMENT TO REDEVELOPMENT AGREEMENT THIS FIRST AMENDMENT TO REDEVELOPMENT AGREEMENT (this "Amendment") is made and entered into as of this ~ day of August, 2009, by and between the CITY OF RIVERSIDE, MISSOURI (the "City"), a City and political subdivision duly organized and existing under the laws of the State of Missouri, and BRIARCLIFF DEVELOPMENT COMPANY, (the "Developer"), a Missouri S-Corporation. RECITALS A. On July 3, 2007 after due consideration of the recommendations of the Tax Increment Financing Commission of Riverside, Missouri, the City adopted: (1) Ordinance No. 2007-69 approving the West Platte Road Redevelopment Plan; and (2) Ordinance No. 2007-90 authorizing the City to enter into a redevelopment agreement with the Developer. B. The City and the Developer entered into that certain Redevelopment Agreement dated August 14, 2007 (the "Original Redevelopment Agreement"). The Original Redevelopment Agreement, as amended by this Amendment, is the "Agreement." C. The City and the Developer desire to amend the Original Redevelopment Agreement as set forth in this Amendment. AGREEMENT NOW, THEREFORE, in consideration of the premises and promises contained herein and other good and valuable consideration, the adequacy and sufficiency of which are hereby acknowledged, the parties agree that the Original Redevelopment Agreement is amended as follows: Section I. Terms. Each Term used in this Amendment shall have the same meaning as set forth in the Original Redevelopment Agreement as amended by this Amendment. Section 2. Definitions. The definitions of the following terms set forth in Section 1.1 of the Original Redevelopment Agreement aze hereby amended as follows: 2.1 The definition of "Redevelopment Project I" in Section 1.1 of the Original Redevelopment Agreement is amended by increasing the estimated costs of such work and improvements set forth at the end of such definition from approximately "$2.1 million" to "$2.3 million." 2.2 The definition of "Reimbursable Project Costs" in Section 1.1 of the Original Redevelopment Agreement is amended by increasing the estimated amount of reimbursable Redevelopment Project Costs from "$3,330,000" to "$3,580,000." U7 -v 0 t CJt CJ1 Section 3. Exhibit E. Exhibit E to the Original Redevelopment Agreement is deleted and replaced in its entirely with the attached Amended Exhibit E to Agreement. Section 4. Maintenance. The last two sentences of Section 3.4(c) of the Original Redevelopment Agreement aze hereby deleted and replaced in their entirety with the following: "The Developer may incur certain maintenance costs for the Linear Park. Such costs may be submitted to the City for reimbursement following the procedure in this Agreement for reimbursement of Reimbursable Project Costs; provided such costs shall be reimbursed only to the extent approved by the City and to the extent the aggregate total of all such maintenance costs aze less than $20,000." Section 5. Project Completion Dates. It is recognized by the parties that market and economic conditions occurring since the date of the Original Redevelopment Agreement have affected the ability of the Developer to meet certain time deadlines set forth in Sections 3.4 of the Original Redevelopment Agreement. Taking into account these factors, Section 3.4 of the Original Redevelopment Agreement is amended as follows: 5.1 Section 3.4(d)(2)(ii) of the Original Redevelopment Agreement is amended to provide an additional yeaz for the construction of the Non-critical Area Project. The date of "December 31, 2010" in the fourth line of the first sentence is amended to read "December 31, 2011" and the final line of this pazagraph is amended to delete "December 31, 2011"and in lieu thereof state "December 31, 2012." 5.2 The chart set forth at the end of Section 3.4(e) is deleted in its entirety and replaced with the following: Redevelopment Project Description of Phase Anticipated Commencement Date Anticipated Completion Date 2 Residential East of Valley 2009 2011 3 Residential Condos 2009 2015 4 Residential Cottages 2009/2010 2014 5 Residential West of Valley 2010/2011 2015 Section 6. Sign in Linear Park. Section 3.4 of the Original Redevelopment Agreement is amended to add subsection (h) as follows: (h) Sign in Linear Park. In order to assist the Developer in the removal of blight from and the revitalization of the Redevelopment Area, the Developer desires to place a sign for the Briarcliff Hills residential development in the Linear Pazk. To provide such assistance, Developer is hereby authorized, upon rezoning of the property to PD, to the extent and subject to compliance with all City codes and ordinances including all PD tJ1 a°-~ c., C.11 C./i conditions, to place a sign in the Linear Park neaz the waterfall, the exact location to be approved by the Ciry (the "Sign"). The Sign shall be used solely to announce the residential development and to advertise lots and new homes for sale in the Redevelopment Area and for no other purpose whatsoever. The Sign and the contents and placement thereof shall be subject to periodic review by the City. The City may, at any time and from time to time, require, in its sole discretion, that the Developer take actions with respect to the Sign, including but not limited to maintenance, repair and/or removal of the Sign. Section 7. NID. Phrase [3] of Section 5.5 of the Original Redevelopment Agreement is amended as follows: directly after "all challenge periods have lapsed" there shall be inserted "or Developer shall have provided to the City valid and binding written waivers of all challenge rights." Section 8. NID Notification. Section 5.6 of the Original Redevelopment Agreement is deleted in its entirety and replaced with the following: "Upon the creation of a NID, and the expiration of any challenge period for the creation of the NID under the NID Act, the Developer shall immediately place of record notice of the creation of each NID and the proposed levy of the associated special assessment and shall provide notice thereof to its title company." Section 9. Reduced Reimbursable Project Costs. The fifth sentence of Section 7.1 of the Original Redevelopment Agreement is amended as follows: the dollaz amount of "$3,300,000" at the end of this sentence is deleted and replaced with "$3,580,000." Section 10. Trail Property. The Developer shall, no later than LO1 ~ ,provide to the Ciry, through either a fee simple deed or an unencumbered dedication in a form reasonably cv acceptable to the City, an area at least ten feet wide at all points running from the trail head x parking lot on the south end to Woodland on the north end and which traverses the property set "- forth on Exhibit 2 attached hereto. ~ G7 Section 11. Entire Agreement. The parties agree that the Original Redevelopment ~ Agreement, as amended by this Amendment, constitutes the entire agreement between the parties c~ and that no other agreements or representations other than those contained in the Agreement ~ have been made by the parties. ~ Section 12. Counterparts. This Amendment may be executed in multiple counterparts, each of which shall constitute one and the same instrument. Section 13. Recording. This Amendment shall be recorded in the Platte County Recorder's Officer. Section 14. Ratification and Confirmation. The parties hereby ratify and confirm the continued viability, force and effect of the Original Redevelopment Agreement, as expressly modified hereby. 3 IN WITNESS WHEREOF, the City and the Developer have caused this Amendment to be executed in their respective names and the City has caused its seal to be affixed thereto, and attested as to the date first above written. "CITY": CITY OF RIVERSIDE, MISSOURI Kathleen L. Rose, Mayor [SEAL] Attest: Louise Rusick, City Clerk "DEVELOPER": BRIARCLIFF DEVELOPMENT co x tr! Ct CI1 GJ1 COMPANY STATE OF MISSOURI ) SS COUNTY OF PLATTE ) On this ~~' day of August, 2009, 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 Boazd 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. Notary Public [SEAL] My Commission Expires: Nprec~beC t3, ad1', ~' CI.! ^' STATE OF MISSOURI ) ~+' ~ ~~ W )SS ~ COUNTY OF CCA ) .- On this 'y-'~~' day of August, 2009, before me appeazed James Dorman, to me ~ personally known, who, being by me duly sworn, did say that he is the President of ~ BRIARCLIFF DEVELOPMENT COMPANY, and that he is authorized to sign the instrument ~ on behalf of said corporation by authority of its board of directors, and acknowledged to me that ~ he executed the within instrument as said corporation's act and deed. ~ IN TESTIMONY WHEREOF, I have hereunto set my hand in the County and State aforesaid, the day and year first above written. / `r/~ ~O Notary Public [SEAL] My Commission Expires: NCKI L. TISCHER Notary Puhlic • Notarryy Seal State of Missouri Commissioned for Clay Coumy ~C mmisslon N mbar: 0 n38981611 EXHIBIT 1 TO FIRST AMENDMENT Legal Description of Redevelopment Area 23-2.0-03-000-003-033 (Briarcliff Development Co.) Alt of Lot 1, BRIARCLIFF HILLS, a subdivision in Riverside, Platte County, Missouri, according to the recorded plat thereof. 23-2.0-03-000-003-032 (Briarcliff Development Co.) All of Lot 2, BRIARCLIFF HILLS, a subdivision in Riverside, Platte County, Missouri, according to the recorded plat thereof. 23-2.0-03-000-003-031 (Briarcliff Development Co.) All of Lot 3, BRIARCLIFF HILLS, a subdivision in Riverside, Platte County, Missouri, according to the recorded plat thereof. 23-2.0.03-000-003-030 (Briarcliff Development Co.) All of Lot 4, BRIARCLIFF HILLS, a subdivision in Riverside, Platte County, Missouri, according to the recorded plat thereof. 23-2.0-04400-004-0O1 (Briarcliff Development Co.) All of Block A, RENNER PLAZA N0.3, a subdivision of land in Riverside, Platte County, Missouri, according to the recorded plat thereof. 23-2.0-04-400-007-001 (part o~ (Briarcliff Development Co.) The South half of the Northeast Quarter of the Southeast Quarter of Section 4, and all that part of the Southeast Quarter of the Southeast Quarter of Section 4, Township 50, Range 33, Riverside. Platte County, Missouri, lying North of the right-of--way of the Kansas City-Clay County and St. Joseph Railway Company, EXCEPT THE FOLLOWING DESCRIBED TRACT: Beginning on the East line of said Section 4, where it intersects the North line of the right-of--way of the Kansas City, Clay County and St. Joseph Railway 582.9 feet North of the Southeast corner of said ~ Section; thence North 69 degrees 22 minutes West along the North line of said Right-of--Way 379 x ' feet; thence North 56 feet; thence East 354.7 feet to the East line of said Section, thence South 189.6 feet to beginning. Also Except Beginning at a point in the East line of said Section 4, which ~ is 772.5 feet North of the Southeast corner thereof, thence West 354.7 feet, thence South 56 feet ~ to a point in the Northerly right-of--way line of the Kansas City-Clay County and St. Joseph -,o Railway; thence Northwesterly along said Northerly line 334.17 feet, thence North and parallel ~ with the West line of the Southeast Quarter of the Southeast Quarter of said Section 4, 1130.30 ~ X feet to a point in the North line of the South Half of the Northeast Quarter of the Southeast 11 Quarter of said Section 4, thence East along said North line 670.4 feet to the East line of said ~ Section 4, thence South along said East line 1186.25 feet to the point of beginning and Except any part in streets. 23-2.0.04-400-007-0O1 (part of) (Briarcliff Development Co.) All that part of the Southeast Quarter of the Southeast Quarter ant that part of the South Half of the Northeast Quarter of the Southeast Quarter of Section 4, Township 50, Range 33, in Riverside, Platte County, Missouri, more particularly described as follows: Beginning at a point in the East line of said Section 4, which is 772.50 feet North of the Southeast Corner thereof, thence West 203.46 feet, thence Northwesterly along a line which deflects to the right from the last described course 68 degrees 53 minutes 50 seconds, a distance of 233.45 feet, thence Westerly along a line that deflects to the left from the last described course 60 degrees 10 minutes 00 seconds, a distance of 142.00 feet, thence Northerly along a line which deflects to the right from the last described course 83 degrees 20 minutes 00 seconds, a distance of 112.00 feet thence Westerly along a line which deflects to the left from the last described course 85 degrees 0 minutes 00 seconds, a distance of 246.01 feet thence North parallel with the West line of the East Half of the Southeast Quarter of said Section 4, 809.38 feet more or -ess to a point in the North line of the South Half of the Northeast Quarter of the Southeast Quarter of said Section 4, thence A-1 East along said North line 84.15 feet more or less to a point 586.25 feet West of the Northeast corner of said Half Quarter Quarter Section, thence South, parallel with the East line of said Section 4, 208.75 feet thence East parallel with the North I ine of the South Half of the Northeast Quarter of the Southeast Quarter of said Section 4, 586.25 feet to a point in the East line of said Section 4, thence South along said East line 977.50 feet to the point of beginning. Except that part conveyed in Deed Book 945 at Page 931. 23-2.0.04-400-007-002 (Briarcliff Development Co.) All of Lots I, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 and 12 JANIE LANTS ADDITION, a subdivision of land in Riverside, Platte County, Missouri, according to the recorded plat thereof. 23-2.0.04-400-007-003 (Briarcliff Development Co.) All that part of the Southeast Quarter of the Southeast Quarter of Section 4, Township 50, Range 33, in Riverside, Platte County, Missouri more particularly described as follows: Commencing at a point in the East line of said Section 4, 772.50 feet North of the Southeast corner thereof, thence West 203.47 feet to the Point of Beginning, thence continuing West 151.37 feet, thence South 56 feet to a point in the Northerly right-of--way line of the Kansas City, Clay County, and St. Joseph Railway, thence Northwesterly along said 334.17 feet, thence North and parallel with the West line of said Quarter Quarter Section 319.71 feet more or less to a point is 809.38 feet South of the North line of the South Half of the Northeast Quarter of the Southeast Quarter of said Section 4, thence Easterly along a line which deflects to the right from the last described course 97 degrees 07 minutes 50 seconds a distance of 246.00 feet, thence Southerly along a line which deflects to the right from the last described course 85 degrees 00 minutes 00 seconds a distance of 1 12.00 feet, thence Easterly along a line which deflects to the left from the last described course 83 degrees 20 minutes 00 seconds a distance of 142.00 feet, thence Southeasterly along a line which deflects to the right from the last described course 60 degrees ] 0 minutes 00 seconds a distance of 233.45 feet to the point of beginning. 23-2.0.04-400.007-006 (Briarcliff Development Co.) A tract of land lying in the Southeast 114 of the Southeast 1/4 of Section 4, Township 50, Range 33, Riverside, Platte County, Missouri, bounded as follows: On the South by the North line of U.S. Highway No. 71; on the North by the North line of the former right-of--way of the Kansas City, Clay County and St. Joseph Railway Company, on the East by a straight line drawn from a point in the North line of said former Railroad right-of--way 840.7 feet West of the Intersection of said North right-of--way line with the East line of said Section 4, measured along said North line, to a point in the North line of said U.S. Highway No. 71, measured along the North line of said U.S. Highway No. 71, 866.17 feet West of the intersection of said North line of said U.S. Highway No. 71 and the East line of said Section 4, on the West by the West line of the Southeast 1/4 of the Southeast I /4 of Section 4, Township 50, Range 33. 23-2.0-03-000-003-028 (BriarcliftDevelopmeat Co.) All that part of the South half of the Southwest Fractional Quarter of Section 3, Township 50, Range 33, West of the old boundary in Platte County, Missouri, described as Follows: Beginning at the intersection of the Northerly line of the right of way of a public road known as U. S. Highway 71, with the East line of Platte County, Missouri; thence North along said county line a distance of 768.39 feet to a point; thence West at right angles to the last described line a distance of 260.29 feet to a point; thence Southwesterly along a line which deflects to the left 80 degrees, 09 minutes, 18 seconds, from the last described course a distance of 614.74 feet to a point in the Northerly line of said highway right of way; thence Southeasterly along the Northerly line of said highway right of way, a distance of 400 feet, more or less, to the point of beginning. Except the Southerly 150 feet measured at right angles from the Southerly line of the described tract, all in the City of Riverside, Platte County, Missouri. Excepting therefrom all that part lying within the parking lot of Briarcliff III Office Building. 23-2.0.03-000-003-025 (Briarcliff Developmeat Co.) All of that part of the Southwest fractional quarter (West of Indian Boundary and County line) of Section 3, Township SQ Range 33 in Platte County, Missouri, more particulazly described as .F' fJ1 -'o Q (J7 C11 A-2 follows: Beginning at a point in the East line of said county and said Fractional Section 3, which is 1,088.39 feet North of the intersection of the Northerly line of right of way of State Highway designated U.S. 71 with said Section and County line 30 feet Northerly from the center of original 18 foot pavement in said highway and at right angles thereto; the said point of beginning being 38.5 feet South of a stone used to divide the North and South halves of the Southwest quarter Section 3 in Clay County, but not in Platte County; thence Southerly on the East line of Platte County 320 feet (azimuth 0 degrees 56') to the Northeast corner of Maxwell tract; thence Westerly at right angles (azimuth 90 degrees 56') 260.29 feet to the Northwest corner of Maxwell tract; thence azimuth ] 0 degrees 48' along the Westerly line of Maxwell tract 408.50 feet to a point; thence Westerly (azimuth 114 degrees 56') parallel to said highway line a distance of 137.71 feet; thence curving left from last line as a tangent on a circle of 3,094.93 feet radius a distance on arc of 256.58 feet, central angle of 4 degrees 45'; thence Westerly (azimuth 110 degrees 11') on a tangent to last described curve and 200 feet Northerly from said highway a distance of 44.38 feet to the Easterly line of a private road; thence Northerly and Northeasterly with the meanderings of the Easterly line of said road to a point 653 feet West of beginning; thence Easterly (azimuth 90 degrees 56') 653 feet to point of beginning, EXCEPT that paR thereof lying Northwest of the Northwest line of the land described in Book 156, at page ] 32, Recorder's Office, in Platte County, Missowi. 23-2.0-03-000-004-001-000 (Briarcliff Development Co.) All that part of the Southwest Fractional Quarter of Section 3, Township 50 North, Range 33 West, lying South of the public road and described as beginning at a point at the Southwest corner of Section 3, Township 50 North, Range 33 West; thence East along the South line of Section 3, 828.00 feet to a point on the line between Platte and Clay Counties, Missowi; thence North along said county line, 87.30 feet to a point on the South line of said public road; thence Northwesterly on a straight line, making a Northwest angle with the East line of Platte County of 65 degrees 50 minutes, a distance of 625.77 feet; thence on a curve to the left, having a radius of 2804.93 feet, a distance of 234.13 feet; thence on a tangent to last described curve, 43.10 feet to a point in the West line of said Fractional Quarter Section 3; thence South along the West line of said Section 3, a distance of 423.33 feet to a point of beginning, (Said tract being the same tract as that CD conveyed by the City of Kansas City, Missouri, to E.H. Young in that certain deed dated February 24, 1975 and recorded in Book 462, Page 631 as File # 45055 and #10100 of _.., the Platte County Recorder.) ,~ EXCEPT that part deeded November 4, 2003 as Document No. 30819 in Book 1020 at GJl Page 667, and EXCEPT that part deeded November 4, 2003 as Document No. 30820 in -v Book 1020 at Page 668, and EXCEPT that part deeded November 4, 2003 as Document p No. 31586 in Book 1021 at Page 432, re-recorded February 19, 2004 as Document No. .C' 2991 in Book 1027 at Page 624. C11 23-2.0-10-000-000-001-000 (Briarcliff Development Co.) ~ All that part of the Northwest fractional Quarter of Section 10, Township 50 North, Range 33 West, lying North of Missouri State Highway No. 9 and described as beginning at the Northwest corner of said Section 10; thence South along the West line of Section 10 a distance of 99 feet more or less to the North property line of Missouri State Highway No. 9; thence East along the said North property line a distance of 121.4 feet to a point of curve; thence East along said North property line on a curve to the right having a radius of 2989.93 feet a distance of 710 feet more or less to the intersection of the North property line of Missouri State Highway No. 9 and the boundary line between Clay and Platte Counties, Missouri; thence North along said County line 165 feet more or less to the North line of Section 10; thence West along the North line of Section 10 a distance of 828 feet to the point of beginning. 23-2.0-04-400-007-008-000 (Greenside Investments) A-3 All that part of the Northwest Quarter of the Southeast Quarter of Section Four (4), Township Fifty (50) Range Thirty-three (33) and of Blocks Two (2) and Four (4), RIVERSIDE, a subdivision in Platte County, Missouri, described as follows: Beginning on the East line of the 100 foot right of way of new Highway No. 59 as said highway is described in the deed dated August 19, 1932, executed by Lulu M. Eldridge to State of Missouri, 665.5 feet South and 297.4 feet East of the center of Section 4, Township 50, Range 33; thence due East, 86.2 feet to the Westerly I ine of the 66 foot right of way of the K.C.C.C. and St. Joseph Railroad; thence Southerly along said right of way 447.2 feet; thence South, 52 degrees West, 5.6 feet to the Easterly line of the right of way of said Highway; thence Northerly along the Easterly line of said highway right of way, 484.83 feet to the point of beginning, Less and Except that part taken for right-of--way purposes to the City of Riverside, Missouri, as shown in instrument filed January 26, 2004 as Document No. 2096 in Book 1026 at Page 733. 23-2.0.04-400-007-007-000(Greenside Investments) All of Block B, RENNER PLAZA N0.3, a subdivision in Riverside, Platte County, Missouri, according to the recorded plat thereof. EXCEPT those parts conveyed to The City of Riverside, Missouri by Warranty Deed filed as Document No. 0031309 in Book ]021 at Page 158 and by Warranty Deed filed as Document No. 0031953 in Book 1021 at Page 797. 23-2.0.04-400-07-04 (City otRiverside) Tract 1: All that part of parcel of land lying in the Southeast Quarter of Southeast Quarter of Section 4, Township 50, Range 33 West, Riverside, Platte County, Missouri, bounded as follows: On the East by a line drawn parallel to and 379 feet West of the East line of Section 4, Township 50 North, Range 33 West; on the South by the North line of U.S. Highway #71; on the North by a North line of the former right of way of Kansas City, Clay County & St. Joseph Railway Company, and on the West by a straight line drawn from a point in the North line of said right of way 639.7 feet West of the intersection of said North right of way line with the East line of said Section 4, Township 50 North Range 33 West, to a point in the North line of U.S. Highway #71, 668.17 feet West of the intersection of said North line of U.S. Highway #71, and the East line of Section 4, Township 50 North and Range 33 West, Platte County, Missouri. p~ Tract 2: x All of that part of parcel of land lying in the Southeast Quarter of the Southeast Quarter of Section 4, Township 50 North and Range 33 West, Riverside, Platte County, Missouri, bounded ,~- asfollows: Onthe South by the North line of U.S. Highway #71; On the North by the North line ~ of the former right of way of the Kansas City, Clay County & St. Joseph Railway Company; On ~ the East by a straight line drawn from a point in the North line of said right of way 639.7 feet ~ West of the intersection of said North right of way line with the East line of said Section 4, to a ,~- point in the North line of said U.S. Highway #71, 668.17 feet West of the intersection of said CJ1 North line of U.S. Highway #71; and the East line of said Section 4, Township 50 North and U'1 Range 33 West; On the West by a line drawn parallel to and 75 feet West of the aforesaid East boundary of Tract 2 herein described, Except that part of tract numbered 1 above described lying East of a line drawn parallel to and 16 feet Westerly distance from the East line of said tract Numbered 1 above. 23-2.0.03-000-003-027(City of Riverside) That part of the South half of the Southwest fractional Quarter of Section 3, Township 50, Range 33 West of the former West boundary of the State of Missouri, now in Riverside, Platte County, Missouri, being a strip of land 200 feet in width North of the North line of Highway 71, said North line being 30 feet Northerly from the center line of the original pavement and 21 feet Northerly from the Northerly edge of said pavement; said land being more particularly described A-4 as follows: Beginning at the Southwest corner of a tract of land heretofore deed to Wm. F. Maxwell by deed recorded in Book 131 at Page 29 of the records in the Office of the Recorder of Deeds for Platte County, Missouri; said point being on the aforesaid Northerly line of the right-of--way of Highway 71 and 400 feet Northwesterly, measured along said right-of--way line from the Easterly line of said fractional section; running thence Northerly along the Westerly line of said Maxwell tract (Azimuth 190 degrees 48 minutes clockwise from the South), 206.24 feet; thence Westerly (Azimuth 114 degrees 56 minutes) parallel to said highway line a distance of 137.71 feet; thence curving left from the last described as a tangent on a circle of 3094.93 feet, radius, a distance of 119.75 feet, thence (Azimuth 22 degrees 41 minutes 17 seconds), a distance of 200 feet to the North line of Highway, thence Easterly on the North line of said Highway curving right on a radius 2894.93 feet, a distance of 113.45 feet; thence on a tangent to the last described course along the North line of said Highway (Azimuth 294 degrees 56 minutes), a distance of 186.55 feet to the point of beginning. 23-2.0.04-400-07-OS(City of Riverside) All that part of parcel of land lying in the Southeast Quarter of the Southeast Quarter of Section 4, Township 50, Range 33, in Riverside, Platte County, Missouri, bounded as follows: On the South by the North line of U.S. Highway No. 71; On the North by the North line of the former right-of--way of the Kansas City, Clay County and St. Joseph Railway Company; On the East by a straight line drawn from a point in the North line of said railroad right-of--way 714.7 feet West of the intersection of said North right-of--way line with the East line of said Section 4, measured along said right-of--way line to a point in the North line of U.S. Highway No. 71, 743.17 feet west of the intersection of said North line of U.S. Highway No. 71 and the East line of said Section 4, measured along said North Tine; On the West by a straight line drawn from a point on the North line of said railroad right-of--way 840.7 feet West of the intersection of said North right-of--way line with the East line of said Section 4, measured along said North right-of--way to a point in the North line of said U.S. Highway No. 71, 866.17 feet West of the intersection of said North line of U.S. Highway No. 71 and the East line of said Section 4 measured along said North line, EXCEPT any part in roads. (Said tract being the same tract as that conveyed by Colin C. Campbell and Marilee Campbell to EA Young and C.A. Young in that certain deed dated November 30, 1990 and recorded in Book 748, Page 953 and File #Ol 1382 of the Platte County Recorder.) ~ 23-2.0.03-000-003-029(City of Riverside) ~ The Southerly 150 feet measured at right angles from the Southerly line of the following described tract: All that part of the South Half of the Southwest Fractional Quarter of Section 3, ,~ Township 50, Range 33, West of the old boundary, in Platte County, Missouri, described as follows: Beginning at the intersection of the Northerly line of the right of way of a public road ~ known as U.S. Highway No. 71 with the East line of Platte County, Missouri, thence North along said county a distance of 768.39 feet to a point; thence West at right angles to the last described ~- line, adistance of 260.29 feet to a point; thence Southwesterly along a line which deflects to the [Ji left 80 degrees 9 minutes 18 seconds from the last described course, a distance of 614.74 feet to a 111 point in the Northerly line of said highway right of way; thence Southeasterly along the Northerly line of said highway right of way, a distance of 400 feet to the point of beginning, EXCEPT any portion thereof located within the boundaries of roads, streets or highways. 23-2.D-03-ODO-003-026 & 23-2.0-03-000-003026-001(Riverside-Quindaro Bend Levee) That part of the South One-Half of the Southwest Fractional Quarter of Section 3, Township 50, Range 33, West of the former boundary of the State of Missouri now situated in Platte County, Missouri, more particularly described as follows: Beginning at a point on the Northerly line of the right-of--way of Highway No. 71, 21 feet Northerly from the North edge of the pavement on said highway and 850 feet Westerly, measured along the Northerly line of said highway, from the Easterly line of said Fractional Section; thence Easterly (Azimuth 290 degrees I 1 minutes A-5 clockwise from the South) along the Northerly line of said Highway 24.29 feet; thence curving right along said highway on a circle of 2,894.93 feet radius, a distance of 125.71 feet; thence (Azimuth 202 degrees 41 minutes 17 seconds) a distance of 200 feet; thence Westerly parallel to Northerly line of said highway curving left on a circle of 3,094.93 feet radius, a distance of 136.96 feet; thence on a tangent to the last described curve (Azimuth 110 degrees 11 minutes) a distance of 44.38 feet to the East line of a private road; thence Southerly on the Easterly line of said road curving right from a tangent to said road, having a azimuth of 6 degrees 51 minutes 57 seconds on a circle of 270 feet radius, a distance of 131.87 feet; thence South 73.73 feet to the point of beginning. Except any part in streets or right of way. 23-2.0-03-000-002-010 (Indian Hills Land Company, Inc.) A tract of land in the Southwest Fractional Quarter of Section 3, Township 50, Range 33, in Platte County, Missouri, described as follows: Beginning at the Southwest corner of said Section 3, thence North 545 feet to the point of beginning, thence North 595 feet, thence Southeasterly 63.96 feet, thence Southwesterly along Valley Lane to point of beginning. Note: This is an approximate legal description of said property Streets All that part of West Platte Road, Valley Lane and Riverside Drive lying with this TIF district together with those tracts taken for permanent right of way by the City of Riverside, Missouri in Condemnation Case 03CV83496 and in Book 1020 at page 667, Book 1020 at page 668, Book 1021 at page 158, Book 1021 at page 432 and re-recorded in Book 1027 at page 624, Book 1021 at page 797 and Book 1026 at page 733. m x .~- tJt -o c.l1 A-6 EXHIBIT 2 TO FIRST AMENDMENT TRAIL PROPERTY m C!i -'v O U'i CA A-1 012515 AMENDED EXIIIBIT E TO AGREEMENT Estimated Redevelopment Project Costs and Reimbursable Project Costs CATEGORY ESTIMATED MAXIMUM REDEVELOPMENT REIMBURSABLE PROJECT COSTS PROJECT COST51 Redevelopment Project l: $890,000 $890,000 Reimbursable Project Costs for purchase by City of property upon which Linear Pazk is to be constructed. Redevelopment Project l: $1,400,000 $1,400,000 Reimbursable Project Costs aze solely for Lineaz Pazk Improvements to be owned by the City such as trails and lakes and costs of landscaping, sodding, irrigation, lake construction, fountain & trails, City signage, neighborhood monument signage for both the project and the existing Indian Hill's neighborhood in the linear pazk and along public right-of--way within Project 1. Redevelopment Project 6: $15,000,000 $1,290,000 Reimbursable Project Costs are solely for grading, utilities, site work, parking, retaining walls, landscaping and related infrastructure.* / ** Redevelopment Project 2. East of Valley $10,400,000 $p Redevelopment Project 3: Condos $18,480,000 $p Redevelopment Project 4: Cottages $7,070,000 $0 Redevelopment Project 5: West of Valley $17,600,000 $p Total $70,840,000 $3,580,000 ' Subject to the limitations set forth in Article IV of the Agreement. *Project 2 Residential Infrastructure must be completed prior to $418,000 of this cost being reimbursed. **Project 5 Residential Infrastructure must be completed prior to $385,500 of this cost being reimbursed. For a Total of $803,500. ao C37 °o O tJ7 6.71 Amended E-1