HomeMy WebLinkAbout2009-173 Revised Agreement with WoodsBILL NO. 2009-173
ORDINANCE NO. 2009-173
AN ORDINANCE AUTHORIZING THE MAYOR, UPON TERMINATION OF
THE UPPER GATEWAY MIXED USE REDEVELOPMENT AREA, TAX
INCREMENT FINANCING PROJECT, TO SIGN A WATER LINE
AGREEMENT AND REDEVELOPMENT AGREEMENT WITH TE WOODS
CONSTRUCTION, INC. FOR THE GATEWOODS 3 SUBDIVISION AND
VILLAGE AT GATEWOODS PROJECTS
WHEREAS, it is anticipated that an ordinance terminating the TIF project known
as the Upper Gateway Mixed Use Redevelopment Area (Upper Gateway area) will be
passed contemporaneous herewith; and
WHEREAS, pursuant to the TIF redevelopment plan T. E. Woods was paid
$1,925,984.37 with which it acquired for redevelopment the Upper Gateway area and
demolished and removed the blighted structures thereon; and
WHEREAS, to assure that the Upper Gateway area is provided an appropriate
water supply and is, consistent with the market, promptly developed as a solely
residential area and in accordance with plans submitted to the City.
NOW THEREFORE, BE IT ORDAINED by the Board of Aldermen of
Riverside, Missouri, as follows:
Section 1 . The Mayor is authorized to sign the attached Water Line Agreement
with TE Woods Construction, Inc.
Section 2. The Mayor is authorized to sign the attached Redevelopment
Agreement with TE Woods Construction, Inc.
Section 2 . This Ordinance shall take effect immediately upon passage.
A
�n N
Passed this O?A ` — day of December, 2009.
ATTEST:
• /L/ .. �� i
Mayor Kathleen L. Ro se
Rusick,
REDEVELOPMENT AGREEMENT
e and entered into this y of
THIS AGREEMENT mad d TE Woods
2009, by and between the City, of Riverside, Missouri, (the ' "City l
Construction; Inc: (the "Developer'). - '
WHEREAS, the City pursuant to the Real 'Property Talc Increment Allocation
Redevelopment Aet,' Section 99.800.to.99:865' RSMo., as amended on 28
2006; .passed Ordinance: No 2006 -173 adopting the Upper Gateway Mixed Use
Redevelopment Plan as a TIF area for commercial and residential development; (the
"Upper Gateway Plan'); and
WHEREAS, pursuant. to. the Upper. Gateway Plan, Developer was. chosen to
redevelop the area by acquisition of all.of the land, demolition of blighted buildings
thereon, as well as construction of Necessary infrastructure, and development of
commercial and residential improvements thereon; and
WHEREAS, pursuant to the. Upper Gateway Plan; City has paid over to .
Developer the sum of $1,925,984.37 for which Developer has' acquired the property and
demolished the blighted buildings . but has gone no further; and.
WHEREAS, the intended commercial portion of said redevelopment area from
which all of the TIF revenue was to be derived- wi11 not now be built 'and
WHEREAS, ' it is 'intended: contemporaneously' with the execution of this
Agreement that the TIF district shall be terminated by action of the City Board of
Aldermen; and
WHEREAS, both parties desire to agree to;a plan whereby Developer can retain
ownership . of the property subject to covenants running with the Iand requiring its
,development in accordance with this Agreement; and'
WHEREAS, ,this Agreement is necessary to provide for the safety, health and
general welfare of the public and to provide fot the orderly development of the City; and
WHEREAS, it is in the interest 'of both parties to enter into an agreement as to
what improvements will.be required of Developer;
NOW THEREFORE, in 'consideration - of the premises and promises contained
herein and.' other ; good and valuable considerations, the adequacy. and sufficiency of
which are hereby acknowledge; the parties agree as follows:
1. It is acknowledged by both-parties that Developer is owner of all of the land as
described on'the attached Exhibit A previously and Hereinafter referred to as the Village
at Gatewoods property.
2. It is finther acknowledged that pursuant to . th previously mentioned T1F
redevelopment agreement the' City •has : paid over to Developer the sum of $1
with.�whipli Developer has 'acquired.title.to all of the at Gatewobds property and
demolished all of the blighted buildings thereon.
3. City hereby agrees that it will• pay over to Developer such additional funds of
up 'to $566,515.70 so long as proof is provided to City that such fiords are used by
Developer . for City approved public and private infrastructure improvement on the
Village at Gatewoods property, including r9ad improvements, sewers, water, storm
drainage, topographic improvements, cleaning, grading; Aidewalks, detention pondirig
etosion control, traffic control, landscaping and related infrastructure improvements.
4. Developer agrees that it will continue to develop -the Village at Gatewoods
property as a residential subdivision in accordance with the preliminary plat dated
February 21, 2007 approved by the. City, except that Developer shall amend such plat to
show the previously designated commercial area and the north side of Timberidge Street
as residential development as may be approved by City. Developer shall thereafter
present the amendedpreliminary plat-for adoption ae a Plarmed Development District.
5.. Developer agrees that it will, within three. (3) months .after completion of the
waterline servicing the Village 'at Gatewoods.subdivision, file -a final plat of Village at
Gatewoods ready for'recording and immediately thereafter:request a building permit for
one, four (4) unit residential structure, and. initiate and complete construction of that
structure within one (1) year.
6. Developer agrees that if it fails to comply.with the terms of paragraphs 4 and 5�
h6reof.it in addition to-all other remedies the City may have, convey to the City the
legal ownership of the Village at' Gatewoods property to the extent portions of such
property have not. been sold to third parties for the construction and occupancy of
residences thereon or Developer has not started the construction of residences thereon..
7. The parties agree that the execution of thin Agreement in no way constitutes a
waiver of any requirements of applicable :City Ordinances with which Developer must
comply and not in any way constitute .prior• approval of any,fature proposal for
Developer:
8. Developer agrees that it will reimburse the City for all sums City pays or has
paid over to Developer, as described above, by virtue of a fee'based on the number of
residential units in the Village at Gatewoods subdivision.
9. Developer agrees for itself, its heirs assigns to pay to the City
the sum. of $10,000 each' residential unit to be constructed on the land described in'
Fchiliit'A. Such $10,000 fee be payable - at the same time and as'a precondition to
each'building permit being issued'by.the City: This'Agreement is a covenant running
with the land, which covenant shall be enforceable against Developer and any and all
2
purchasers, transfere e (whether transferred voluntarily, involuntarily or by operation of
law) or other owners of all or any portion of'the.Exhibit A land, as if such purchaser,
transferee or other. owner were originally - a party to and bound by this Agreement to make
the $10,000,payments. As such payment of $10,000 is made for each•residential unit,.
such residential unit shall be deemed automatically teleased'8rom this Agreement,
8. General Provisions:
A. successors and Assigns.
I: Binding Affect. 171is Agreement shall be binding on and
shall inure to the benefit of the parties named herein and their
successors and assigns.
2. ,Assignment or.Mi.:: There shall be no bulk transfer, sale
or other disposition - of' Village at Gaw*oods - property, whether
voluntarily; involuntarily or by. operation of law,. without the prior
written approval of the City, which approval shall not be
unreasonably ' withheld provided the Developer demonstrates, to
the satisfaction 'of the City, that the proposed - transferee has the..
experience and financiaf capability to undertake and- complete
construction •upon such properties and . such proposed transferee
assumes, in .a writing. acceptable to the City, the obligations of
Developer under this Agreement.
B. Remedies.
In- the .event.of any'defiult MI* or -breach of any term or conditions of..
this 'Agreement by 'the City or the Developer; the defaulting or
breaching person shall, upon written notice- from the. other specifying
such default or breach, proceed: immediately to cure or remedy such
default or breach, and shall, in any event; within thirty (30).days after
receipt of notice, cure or remedy such- default. or breach. In the event
that'the defaulting- or breaching person diligently and in good faith
commences to. cure or remedy such default or breach but is. unable to
cure or remedy such default or 'breach within thirty (30) days after .
receipt of notice; the defaulting or breaching person shall, prior to the
end of such thirty'. (30) days,.provide notice to .the other that if has in
good faith.comm.enced to cure or remedy such default or'breach and
• will diligently pursue such cure -or remedy: : In case such cure or
remedy is ..not taken or not . diligently pursued, the . aggrieved person
may institute such proceedings as may be necessary or desirable in its
opinion to cure and remedy .such default or breach, including without
limitation proceedings • to compel specific performance by the
defaulting or breaching person 'and 'the aggrieved .person shall be
3
entitled to all. costs of etkforcement.including reasonable attorneys fees
and court costs.
C. Notices.
notices, deniauds, consents,' approvals and other communications .
'Any ' ent to be givbn'by either party hereunder shall
rtquired by this Agreem
be_in writing and shall be hand delivered or. sent by United States first
ei
addressed to the appropriate party pt 'requested, • postage prepaid,
class certified mail, . re at its address set forth below, or at
such other address as such part'. shall have last designated by notice to
the other. Notices; - .. demands, - consents, approvals, and other
communications shall be'deeined given 'when delivered or three days
after m a ili n g; provided, however, that if any such notice or other
communication shall also be-sent by telecopy or fax machine, such
notice shall be deemed given at the time and on the.date of machine
transmittal if the sending party receives a written send• verification on
its machines and forwards a copy thereof with its mailed or courier
delivered notice or communication..
In the case'of the Developer, to:.
TE Woods Construction, Inc.. -
Attention: ' Shawn T. Woods
14400 East 42" Suite 200
'Independence, Missouri 64055
Telephone: (8]6)228 -1188
Fax: (816) 228 -8566
• Itt'thi case of the City, to
City of Riverside, Missouri
Attention: David Blackburn.' .
2950 NW Vivion Road
Riverside, Missouri 64150 -
Attention * .City Administrator.
Telqphone: (816) 741 -3993 .
Fax: (816).746-
With a copy to:
R Ori n Hall
4131 N. Mulberry Dr., Suite.209
Kansas city,. Missouri 64116. .
4
L?. Inspection. '
The Developer shall allow authorized representatives of the City
reasonable access to - the Work' site from time to time prior to the
completion of the waterline for• reasonable inspection thereof under
this Agreement. The Developer shall not unreasonably deny the City
- and its officers, employees; agents, and hidopendent contractors the
right to : inspect,. neon .request, t ell architectural, engineering;`
demolition, construction and'other contracts and documents pertaining
to the construction of the waterline as' th City determines is
reasonable and necessary verify -the Developer's compliance with
the terms of this Agreement. . . This section shall . not be construed to
limit,. i any way, the rights of the City to inspect and to enter property
pursuant to City ordinances.
E.. Choice of Law,
This . Agreement shall be taken -and deemed to have been fully
executed, made by the parties 'A and governed by the laws of State of
Missouri for - all purposes acid intents (without 'regard to conflict of law
statutes).
F. Entire Agreement; Amendment
The parties agree that: this Agreement constitutes the entire agreement
between .the parties concerning the subject matters hereof and that no .
other agreements or representations have been made by the parties.
This Agreement shall be - amended • only in' writing signed by the
parties.
G. Counterparts.
This Agreement may be executed .in multiple counterparts, each of
which shall constitute one - and the same instrument.
H. Severability.
In the event any term or provision of this ' Agreement is held to be
unenforceable by a court ' of competent jurisdiction, the remainder shall
continue. in full. force :and effdct, to the extent the remainder can be
given effect without the invalid provision.
I.' Recording; Lien Running with the Land.
This Agreement shall be recorded in the Platte County Recorder's
Office. This Agreement evidences an• obligation for payment of
specified sums and w
,shall constitute a lien upon the Gat,00ds Y and
Village at Gatewoods properties+ binding upon successors and assigns'
and runnin8 with the land.
IN WITNESS WHEREOF, the ,City and the Developer . Have caused this
Agreement to be executed in their respective names an d the City'has. caused its seal to be
affixed thereto, and attested as'to•the date first above written.
"CITY":..
CITY OF RIVERSIDE, NUSSOURI
B
^ Kathleen L. Rose, Mayor
[SMI
Attests
Louise Rusick, City Clerk.
"DEVELOPER ": TE WOODS CONSTRUCTION, INC.
Thomas E. woods, President
6
STATE OF MISSOURI )
).SS'
COUNTY OF i?IrATTE )
O day of December, before' me appeared 'Kathleen' L• Rose, to
2009,
me personally lrn� who, being by me
sworn, did say that she is the Mayor of the
CITY OF RIVERSIDE, MISSOM.a political subdivision of the State of Missouri, and and said-
that the' seal affixed to the foregoing instrument is the bd of its Board of
instrument � was signed and sealed.-In behalf o said City y • a utho ri ty
'Aldermen,'and said.individual acknowledged said instnuneni to be the free act and deed.
of-said City:
IN TESTIMONY WHEREOF, I have hereunto s et. my . hand and affixed my
official seal in the County an d State aforesaid, the day and,year first above wri
Notary Public
. � LOUISE F. RUSICK •
[ EAL} J NOtA Pubilc— Notary Saal
' STATE OF�1830URI - P.latte County
���� (tomrolsalon Number 09484153
M Cominiss1 - Expires: ,�l �J i M oommiaston expires Au . 29 20� s
STATE OF MISSOURI ) '
)•S$
CodiTY OF )
On this day of .December, 2009, before me.appeared Thomas E. Woods,
to me personally known, who, being by me duly sworn, did say that he is the President of
TE WOODS CONSTRUCTION; INC., and that he is authori zed to sign the inst>ument
on behalf of said corporation by authority. of its board of directors,'and acknowledged to
me that he exec uted the within instrument as said 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.
No Public
[SEAL]
My Commission Expires:
7
WATER LINE AGREEMENT
THIS WATER AGREEMENT (this "Agreement ") is made and entered
into as of December . 2009; . by and between the CITY OF RIVERSIDE;
1VIISSOi7RI (the "City"), a city and political subdivision duly organized and existing
under the Constitution and laws of the. State 'Of Missouri and TE _ WOODS
CONSTRUCTION, INC., (the."Developee),-a Missouri corporation..
RECITALS.'
A. It is agreed that Developer• desires to. build an 8 -water line through his
Gatewoods 3rd subdivision and the proposed Village at. Gatewoods in accordance with'
Construction Plans dated June 30, 2009 now on file.with the City.
B. The City for fire 'flow protection purposes desires to have Developer upsize
the .8" line to a I T' water line with the City paying for the incremental costs to upsize the
8 line.
C. The Developer has requested that the City upfront the money. to Developer to
pay for the 8" water line with such advancement of funds to be repaid as herein set out.
D. It is understood by both parties that this ' agreement' contemplates that the
previous Tax Increment Financing' Plan adopted by Ordinance .No. 2006 -173 and the
related Redevelopment Agreement between the parties dated December 29, 2006 are
intended to be rescinded: and field null and void..
E. The. Board of. Aldermen hereby' iieteiinines that the . fulfillment of this
and welfare of its
agreement - is in the best- interests 'of the -- City and. the health, safety
residents.
NOW THEREFORE, m 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 as follows:
1. Developer agrees to immediately or: as soon as reasonably possible begin.
construction`of the water line project asset out in Constructions Plans
dated June 30, 2009 on file with City.. .
2. City agrees . that it will initially fond the verified water line costs of
Developer building an 8" water line costs shall not exceed $139,000
(unless the prior consent of the Board of Aldermen is obtained) and will in
addition pay for the costs of upsizing the water line to. twelve inches (12')
as follows:
A.. Developer will. use $53,810,30 of 12" , line pipe already owned by
City to build such upsized water line; .
B. Pay Developer. an additional sum of $39,165 for upsizing cost;
C. Pay Developer for'costs of the 12" water. line to cross Gateway at
the location and by.'City (not to exceed $14,000).
The total financial costs to City far the upsize to a 12" water line
and for crossing Gateway shall be $53 materials, $39,165 for
upsize cost and $14,000 to cross Gateway or a total of $106,975.30 unless
prior written consent of the Board of is obtained.
The City pay the Developer, on a pro' rata basis the agreed
incremental upsize costs associated with.. the project pursuant to City.
approval.
3. Developer agrees to reimburse City for the $139,000 advanced for the cost
of constructing an 8" water line as follows:
Developer as the.owner of Gatewoods 3rd subdivision (see attached legal
designation) and . as the owner : of property previously and hereafter
described as Village it Gatewoods (See attached legal - description) agrees,
that Developer or his heirs, successors and assigns will pay to City the
sum of $1,000 prior to or simultaneously with the issuance of any building
permit on any lot in Gatewoods 3rd 'or Village at Gatewoods until such
time as City has recouped the $139,000 of advanced fees.
4. Notwithstanding any. other term or provision of this Agreement,
incremental Upsize Costs and Development Water Line Costs are payable
only from monies appropriated by the City for such purposes and from no
other source.
5. The. obligations in this Section 3A. are covenants running with the land,
which covenants 'shall be enforceable against Developer and any and all
purchasers, transferees (whether transferred voluntarily, involuntarily or
by operation of law) or other owners of all or any portion of the
Development Water Line Properties as if such purchaser, transferee or
other owner were priginally a patty to and bound by this Agreement to
to make the Water Line.Lot.Payment.
6. Developer agrees to transfer:and convey to Missouri American Water any
and all utility easements necessary or desirable for-the Water Main. All
such transfers and 'conveyances. shall without cost or expense to the
City.
+P)
7. General Provisions:
A. Successors and Assigns.
1. Bindigg.Affect. This Agreement shall .be. binding on and
shall � inure to ' the benefit of the .parties named: herein and their
successors and assigns.
2. Assignment or Sale: There'shall.be no bulk transfer, sale
or other disposition of Gatewoods 3rd or Village at Gatewoods
properties, whether voluntarily, involuntarily or by operation of
law, without the prior written approval of the City, which approval
shall not be unreasonably - withheld provided the Developer
demonstrates, .to . the satisfaction of the City, that. the proposed
transferee has the experience and financial capability to undertake
and complete construction upon such properties and such proposed
transferee assumes, - in - a writing acceptable to the City, the
obligations of Developer under this Agreement. .
B. Remedies.
Except as otherwise provided mi this Agreement, m the event of any
default in or breach of any term or conditions of this Agreement by the
City or the Developer, the defaulting or breaching person. shall, upon
written notice " the other specifying such default or breach,
proceed immediately to cure or remedy such default or breach, and
shall, iri any event, within thirty (10) days after receipt of notice, cure
or remedy such default or breach, In the event that the defaulting or
breaching person diligently and in' good faith commences to cure or
remedy such default or breach but is unable to - cure or remedy such
default or breach within thirty, (30) days after receipt of notice, the
defaulting or breaching person : shall, prior: to the end of such thirty
(30) days, provide notice' to the other that. it has in. good faith
commenced to cure or remedy such '-default or breach and will
diligently pursue such cure or remedy. in case such cure or remedy is
not taken or not diligently pursued, the aggrieved person may institute
such proceedings as_ may be necessary or desirable in its opinion to.
cure and remedy such default or breach; including without limitation
proceedings to compel specific performance by the defaulting or
breaching person and the aggrieved shall be entitled to all costs
of enforcement including reasonable attorneys fees and court costs.
3
::. C. Notices.
Any notices, demands, consents,' approvals and' other communications
required by this Agreement to be given by either party hereunder shall
be in writing and shall be hand delivered or sent by United States first
class mail, postage prepaid, addre §sed to the appropriate party at its
address, set forth below; or at such other,address as such party shall
have last designated. by : notice to the, other.-,' - Notices, . demands,
consents, . approvals, - and other communications shall be deemed given
when delivered or three days after mailing; - provided, however, that if
any such notice or other commutdcation shall also be sent by telecopy
or fax machine, such notice shall be deemed given at the time and on
the date. of.machine transmittal if the sending party-receives a written
send verification on. its machines and forwards a copy thereof with its
mailed or courier delivered notice or communication.
In the.'case of the Developer, to:
TE Woods Construction, Inc:
14400 East 4Z , Suite 200
Independence, Missouri 64055 '
Telephone: (816) 228 -1188
Fax: (810) 228 -8566
In the case of the City, to:
City of Riverside Missouri
City Hall ,
2950 NW Vivion Road .
Riverside; Missouri.64150 '
Attention: City Administrator
Telephone:. (816) 741 -3993' .
Fax: (&i6) -8349
With a copy to:.
R. Brian Hall
4131 N. Mulberry Dr., Suite 200
Kansas City; Missouri 64116.*.'
D. Inspection:
The developer shall allow authorized representatives of the City
reasonable access to 'the Work site .from time to time prior to the
completion of the Water Work for reasonable inspection thereof under
this Agreement. The Developer shall. not unreasonably deny the City
4:. .
and its .officers,. employees, agents, and. independent contractors Tar.
t ec t,- . . upon �. ib4u6st, ..-all' architectural, .. engineering,
.' 0. msp.
demolition, cons and other contracts an documents pertaining
to the construction of the Water Work 'As the City determines
reason . able and .necessary to ve rif y th Developer's compliance with
the terms of this Agreement. *'.This section shall not be construed to
li n ' y, the rights 'f the City to inspect and to enter property
i -an 0
pursuant to City .
E.'. Choice
This Agreement shall be taken And deemed to have been fully
executed, made by the parties In, and gove rned by the laws of State of
Missouri for all purposes and int (without regard to conflict of law
statutes).
F.. Entire Agreement; AmendMen
The p irti6s ag ree that this Agreement constitutes. the entire agreement
between the parties . concerning this water line be and that no
other agreements or representations have been made by the parties.
This A m6t.'shall be am ended on i writing signed by the,
parties.
G. Counterparts.
in multiple. counterparts, This Agreement may be executed each of
which shall constitute one and the same instrument.
H. Severability.'.
In the event any term or p of this Agreement i held to be
unenforceable by a court of competent Jurisdiction, the remainder shall
continue in full force and effect, to the extent the remainder can be
given effect without the invalid pi!bvision.
I.- R Lien Aujifflig" with the Land*'
Thi A greemen t shall be recorded in the Platte County Recorder
Office. This A greemen t ev idences an obligation for Payment of
.
specifi6d- sums an d s hall: constitute 'a lien upon the G
atewoods 3rd and.
'Village at Gatewoods properties; b upon successors and assigns
an with the land.
.5
STATE OF MISSOURI
YSS
COUNTY Of PLATTE..
On this day of December, 2009; before -me appeared * kathleen L.
Rose, to rr . te 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 ed in b6hali-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, 1 have hereunto set my. hand and affixed my
official. seat in-the County and State -afbresaid; 7the Wday.anda earfirstabove tten.
otar P
otafy P
ic
RUBIUKK
LOUIS E F. I 0 C I
ISE Note Pu — Notary Seal
ALI 9
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STAT.E oF
I M IS SOURI
Commission Number
Isainn amnlras Aug. 28i 203
My Commission Expires: 00.1-1 "111
..STATE OF MISSOURI
)•SS
COUNTY OF - 7
On this 'day of December, 2.009, before * me 'appeared Thomas E.
Woods, to me personally.known, -who, -being by me duly sworn, did say that he is the
President of TE WOODS CONSTRUC INC.-, 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:
[SEAL}
My Commission Expires.: