HomeMy WebLinkAbout2009-002 IDA Resolution KCP&L Utility EasementRESOLUTION N0.2009-002
A RESOLUTION RATIFYING AND CONFIRMING THE EXECUTION
OF AN EASEMENT TO KANSAS CITY POWER AND LIGHT;
DIRECTING UMB BANK, AS TRUSTEE, TO SUBORDINATE THE
DEED OF TRUST TO SAME; AND AUTHORIZING OTHER ACTIONS
IN CONNECTION THEREWITH.
Pursuant to the provisions of Chapter 349, RSMo., as amended, the Board of Directors of
"I'he Industrial Development Authority of the City of Riverside, Missouri (the "IDA "), hereby
adopts this Resolution and directs that this Resolution be filed with the official IDA minutes:
WHEREAS, the IDA issued its Industrial Development Revenue Bonds (Riverside
Horizons Infrastructure Project -City of Riverside, Missouri), Series 2007 in the principal
amount of $40,26,000 (the "Bonds").
WHF,REAS, the City of Riverside, Missouri ("City"), the IDA, and UMB Bank, N.A.,
entered into that certain Financing and Cooperation Agreement dated as of May 1, 2007 relating
to the Bonds (the "Financing Agreement").
WHEREAS, the IDA, pursuant to the Financing Agreement, is transferring, without
charge or cost, an easement necessary or desirable for utility improvements;
WHEREAS, the Financing Agreement requires that the lien of the Deed of "trust be
subordinated to such easement.
NOW THEREFORE, BE I"1' RESOLVED, by the Board of Directors of The Industrial
Development Authority of the City of Riverside, Missouri as follows:
Section 1. The IDA hereby ratifies and confirms the Easement dated February 2,
2009 from the IDA to Kansas City Power & Light Company, a copy of which is attached hereto
as Exhibit A (the "Easement"), and the execution and recording of same.
Section 2. The IDA hereby rcyucsts and directs that UMB Bank, as 'Trustee
subordinate the lien of the Decd of Trust to the Easement and in connection therewith, the
Subordination Agreement (the "Agreement") attached hereto as Exhibit B is approved. The
President and the Vice-President of the IDA are hereby authorized and directed to execute the
Agreement, in substantially the form attached hereto, with such changes as are approved by the
officer executing such document, such execution being conclusive proof of such approval, for
and on behalf of and as the act and deed of the IDA. The Secretary or the Assistant Secretary of
the IDA are hereby authorized and directed to attest to the Agreement.
Section 3. All actions heretofore taken by the officers, authorized representatives and
agents of the IDA in connection with the transaction contemplated by this Resolution are hereby
ratified and confirmed, and the President, Vice-President, Secretary. Assistant Secretary and
other appropriate officers and agents of the IDA are hereby authorized to take such further
actions and execute such other documents as may be necessary or desirable to carry out and
comply with the intent of this Resolution.
f~ Section 4. The Resolution shall be in full force and effect from and after its adoption.
~Y/ ADOPTED PHIS DAY OF FEBRUARY, 2009.
This Resolution was adopted at the meeting of the Board of Directors of the IDA duly
called and held this date.
(SEAL)
A'r'rrsT:
~-U!L
Secre ry
EXHIBIT A
F,ASEMENT
(SEE ATTACHED)
EASEMENT
KNOW ALL MEN BY THESE PRESENTS, that on this 2nd day of February, 20D9, THE INDUSTRIAL
DEVELOPMENT AUTHORITY OP TH}'s CITY OF RfVERS[DB, MISSOURI, 2950 N.W. Vivion Road,
Riversido, Missouri 64150, (Grantor), and KANSAS CITY POWP.R & LIGHT COMPANY, P.O. Box
418679, Kansas City, Missouri 64141, (Grantee).
WITNESSETII:
Greotor, inconsideration of one dollar and other good and valuable consideration, die receipt and sufficiency
of which are hereby acknowledged, does hereby grant, bargain, sell, convey, and confirm unto KCPL, and
unto its successors and assigns, a permanent easement over, along, across, and under the lands hereinafter
~, described, including the right and privilege at any 6me and from time to time to enter upon said easement and
erect, construct, maintain, repair and relocate poles, wires, guys, anchors, underground cables, conduits, pad
mounted transformers and service pedestals, and all related appurtenances for the hansmission and
distribution of electric energy and for KCPL communication purposes; including the right end privilege at
any time and from time to time to patrol said easement property and to cut, top, trim, and remove such brush
and trees if any on or adjacent to said easement properly, whenever in KCPL's judgment such will interfere
with or endanger the constnrction, operation or maintenance of any appurtenances thereon; said easement
property being over, along, across and under the following described lands in the County of Platte and the
State of Missouri to-wit:
A fret, of land ten feet in width being a part of the Southeast Quarter of Section S, Township
50, Range 33, Platte County Missouri, the centerline of which is described as follows:
commencing at the Southeast comer of said Southeast Quarter; Thence North 88 degrees 48
minutes 00 Seconds West, a distance of 1311.17 feet; thence North 00 degrces 26 Minutes
SS Secnnds East, a distance of 362.87 feet; tltence North 89 Degrees 33 Minutes OS Seeonds
West, a distance of 29.10 feet to the hue point of beginning of the tract of land to ba herein
conveyed; thence North 82 Degrees 20 Minutes OI Seconds East, a distance of 17.04 feet;
thence North 41 Degrees 40 Minutes 50 Seconds East, a distance of 11.43 feet thence North
21 Degrees 14 Minutes 46 Seconds East, a distance of 119.72 feet to a point hereinafter
referred to as point "A"; thence North 29 Degrees 27 Minutev 43 Seconds East, a distance of
9.78 feet; thence North 30 Degrees SO Minutes 08 Seconds Fast, a distance of 87.84 feet.
Also, beginning at said point "A"; thence South 61 Degrees 06 Minutes 36 Seconds East, a
distance of 3.38 feet.
SUBJECT to any easements and right-of-way of record already eacisting in, over, upon and across the
easement properly.
Grantor, its successors or assigns, may landscape, use and enjoy the land above described, provided such use
shall not in the judgment of KCPL, interfere with or endanger the constnrction, operation ar maintenance of
said lines, and provided further that no buildings shall be constructed on said land described above.
This easement conveyance shall run with the land and shall be binding upon Grantor and its successors and
assigns.
1'O HAVE AND HOLD THE SAME, together with all appurtenances, necessary incidents and immunities
thereunto belonging or in any manner appertaining unto KCPL and unto its successors and assigns forever.
IN Wl'1'NESS WI1I;REOF, Grantor has executed this Easement as of the day and year acknowledged below.
THE INDUSTRIAL DEVELOPMENT'
AUTI~ORITY OF CITY ON
RIVERS ,MISSOURI
seal
,-- B
/ Y~
^~ W e Sny er, Preside
~~~
STATE OF MISSOURI
COUNTY OF PLATTE
ACKNOWLEllGMENT
ON THIS 2~ day of February, 2009, before me, a Notary Public, personally appeared: Wayne Snyder and
proved to me on the basis of satisfactory evidence that ho is the President of the Industrial Development
Authority of the City of Riverside, Missouri, whoso name is subscribed to the within instrument, and
acknowledged that ho executed the same on behalf of said authority for the purposes stated therein and no
other and acknowledged said instrument to be the free act and deed of said authority.
WITNESS my hagt#,.i;~,~w~l seal in the ty and State aforesaid, the day and year first above written.
\~J`Q,P,,,.• ..NAG.
~: ~etARY Bfk'~,D
;;, ~'~ ~ ~ otary Public Sigp lure
(seal)
My Commis~4 ._.Si~'~~'n
~`~.c~ ~--.7~.a~e~
Printod or Typed Name
WMS 202708 Validated by:
EXHIBIT B
SUBOKDINATION AGREEMENT
(SEE ATTACHED)
SUBOI2D[NAT1ON AGREEMENT
THIS AGREEMEN"1' is made as of this 10`h day of March, 2009, between UMB BANK,
N.A., a national association duly organized and existing under the laws of the United States of
America having a corporate trust office located at UMB Bank, N.A., 1010 Grand Blvd., 4th
Floor, Kansas City, Missouri 64106, Attention: Corporate "frost Department, and its successors
and assigns, ("Mortgagee"), and TIIE INDUSTRIAL DF.VF.LOPMENT AUTHORITY OF
THE CITY OF RIVEI2SIDF., MISSOURI, a public corporation organized and existing under
the laws of the State of Missouri, having its principal office located at 2950 N W Vivion,
Riverside, Missouri 64150, ("Mortgagor") for the benefit of the CITY OF RIVERSIDE,
MISSOURI, a fourth class municipality of the State of Missouri, having an address of 2950 N W
Vivion Road, Riverside, Missouri 64150, {"City") and KANSAS CITY POWER & LIGHT
COMPANY, having an address of P.O. Box 418679, Kansas City, Missouri 64141 ("KCPI.").
1tECITALS:
A. The Mortgagor issued its $30,265,000 Revenue Bonds (Riverside Horizons
Infrastructure Project -City of Riverside, Missouri) Series 2007A and $1Q000,000 Revenue
Bonds (Riverside Horizons Infrastructure Project -City of Riverside, Missouri) Series 2007B
dated as of May 1, 2D07 (the "Bonds").
B. In connection with the Bonds, Mortgagee and Mortgagor entered into a series of
security documents, including (but without limitation):
(i) A Financing and Cooperation Agreement dated May 1.2007 between The
Industrial Development Authority of the City of Riverside, Missouri and I;MB,
N.A., recorded May 9, 2007 in Book 1103 at Page 315 in the office of the
Recorder of Deeds, Platte County, Missouri ("Financing Agreement").
(ii) A Deed of Trust and Security Agreement, granting a deed of trust lien on the
property described therein, ("Mortgaged Property") to secure the payment of the
Series 2007 Bonds, and any other amounts or obligations secured thereby, dated
May 1, 2007, and recorded May 9, 2007 in Book 1103 at Page 316 in the office oi'
the Recorder of Deeds, Platte County, Missouri ("Mortgage").
C. The City is in the process of building public infrastructure which benefits the
Mortgaged Property, including a lift station to serve portions of the Mortgaged Yroperiy.
W
-o
G~
O
O
4'
Qt
D. In connection with such public infrastructure, it is necessary for electric service to
be provided to the lift station which necessitates that an easement be granted on the Mortgaged
Property in favor of KCPL ("Easement").
L. Pursuant to the Financing Agreement, it is necessary that the Mortgagee subordinate
its lien to such Easement.
AGRFEIVII;NT:
NOW, TIIEREFORF,', in consideration of these Recitals, the mutual benefits and
obligations accruing under this and other good and valuable consideration, the receipt and
sufficiency of which are hereby mutually acknowicdged, the parties agree as follows:
1. The Mortgagee, as the holder of the Mortgage, in the original principal amount of
$30,265,000.00 for the Series 2007A bonds and $10,000,000.00 for the Series 2007B bonds,
does hereby grant its consent to the Easement and does hereby subordinate the priority and
superiority of the Mortgage and any Assignment of Mortgagee's interest in Leases or UCC-1
Financing Statements and similar documents given in connection therewith and all amendments
to such documents, to the priority of the Easement.
2. Notwithstanding the foregoing, this subordination of Mortgagee's lien on the
P,asement shall not affect the remaining Mortgaged Property or the indebtedness thereof on the
Mortgage or Financing Agreement. Mortgagee does not intend to subordinate its Mortgage or s~
any other document evidencing, concerning or securing an indebtedness to Mortgagee to any
other lien or encumbrance other than the aforementioned Easement. Furthermore, Mortgagee
agrees that no foreclosure of the Mortgage or deed or conveyance in lieu thereof shall extinguish ~
the Easement granted herein. ~
-v
3. This Subordination Agreement shall be binding upon Mortgagor and Mortgagee ~
and theirrespcetivc successors and assigns. ~
Q1
4. Mortgagor and Mortgagee hercbv agree to execute; acknowledge and deliver such
further instruments as may be necessary or appropriate to elTectuate the purpose of this
subordination.
5. Except as specifically referenced herein, this Subordination Agreement shall not
modify said Deed of Trust or any of the documents given by Mortgagees in connection
therewith.
6. Each of the parties hereby represents that it has the capacity dnd authority to
execute and deliver this Subordination Agreement.
IN WITNESS WHL13)/UF, the parties hereto have caused this Subordination Agreement
to be executed as of the day and year first above wTittcn.
UMB BANK, N.A.
Name: Brent W. Keep
Title: Vice President
MORTC,AGEE
STATE' OF MISSOULZI
COUNTY OF JACKSON
ACKNOWLEDGEMENT
SS;
Un this, the fp' day of February, 2009, before me, the undersigned, a Notary Public, appeared
Brent W. Keep, who being before me duly sworn did say that he is a Vice President of UMB
Bank, N.A., a national banking association organized under the laws of the United States of
America and that the seal affixed to the foregoing instrument is the seal of said association, and
that said instrument was signed and sealed on behalf of said association by authority of its board
of directors, and said oflicial acknowledged said instrument to be executed for the purposes
therein stated and as the free act and deed of said association.
IN WI"INF.SS WHEREOF, I hereunder set my hand and affixed my notary seal, the day
and year last above written. ~ / i
Notary
My commission expires:
~DyILI.A.ItO~pN~ay
3TA7'EOf RA~Ig8l~Qyl1R~
My C,annY~bnE~pYas: Fip 21.1011
Comnipbn f 07011l2i
r~
~.
W
v
0
O
aC'±
7'he undersigned Mortgagor does hereby consent and agree to the terms of this
Subordination Agreement.
'fl•IE INDUSTRIAL DEVELOPMENT
.4IJTIIORITY OF~ILE,CITY OF RIVERSIDE,
MISSOURI
Name: a e
Tile: P cnt
MORTGAGOR
ATTEST:
~ scalf
Jane en .Secretary ""'~
T
W
J
ACKNOWLF,DGF.MENT
O
G
S7'A'I'E OI' MISSOURI }
} SS: a'"
COUNTY OF PLA'fTI; }
On this, the~day of February, 2009, before me, the undersigned, a Notary Public, appeared
Wayne Sn}~der, who being before me duly sworn did say that he is the President of'I'Hl:'
INDUSTRIAL DEVELOPMENT AUTI-IORI'fY 1'O TIIE C1TY OF RIVERSIDE. MISSOURL,
a public corporation organized and existing under the laws of the State of Missouri and that the
seal affixed to the foregoing instrument is the seal of said corporation, and that said instrument
was signed and sealed on behalf of said corporation by authority of its Board of Directors, and
said official acknowledged said instrument to be executed far the purposes therein staled and as
the free act and decd of said corporation.
IN WI"I'NESS W'I IF,REUF, I hereunder set my hand and affixed my notary seal, the day
and yeaz last above written.
Notary Public
My commissionGexpires: SUSAN WILLIAMB-tJM03TEAD
m/~ !, ~!J`1 J CounH-State ~ IAt~oud
x ~pq,~nN~iop ip5448172
(J My eonuplMlOn E%pltR 06!00100
F,xhibit A
EASEMENT
(SEC ATTACI IF,D)
a®
a~-
.,..
W
v
-o
c:
D
~F"
EASEMENT
KNOW ALL M13N BY TlIESE PRESEN'['S, that on this 2°d day of Febnrary, 2009, TI3B INDUSTRIAL
DEVELOPMENT ALTTFIORiTY OF TIIE CITY OF RPJERSmE, MISSOURI, 2950 N.W. Vivion Road,
Riverside, Missouri 64150, (Grantor), and KANSAS CITY POWER & LIGRT COMPANY, P.O. Box
418679, Kansas City, Missouri 64141, (trmutee).
Grantor, in ocesidcration of one dollar and other good and valuable consideration, the roceipt and snfficicncy
of which era horcby acisnowhxiged, door hereby grant' bargain, sell, convey, end confims nnto KCYL, and
auto its successors and assigns, a permanent cascmenl over, along, across, and under the lands hereinafter
described, Including the right and privilege al any time end from time to time to enter upon said casement end
eroct, construct, maintain, repair end relocate po[cs, wires, Bays, anchors, undergrormd cables, conduits, pad
mounted tnutsformers and service pedestals, and all related appurtenances for the transmission and ~_'"
distribution of electric e~rgy and for KCPL wmmunicatian purposes; including the right end privilege al w
any time and fmm time to time to patrol said easement property and to cut, top, trim, and remove such brush ,~
and trees if any on or adjacent to said easement property, whenever in KCPL's Judgment such wilt interfere ^v
with or endanger the constrttcHon, operation or maintenance of any appurtemnces thereon; said easement ca
property being over, along, across and corder !fie folbwing described lands m the County of Plano and tlrc p
Stale of Missouri to-wit: ~
4-
A tract of ]and ten feet in width being a part of fire Soutlreast Quarter of Section 5, Township
Sq Range 33, Platte County Missouri, the centerline of which is described as follows:
commencing at the Southeast comer of said Southeast Quarter, Thcece North 88 degrees 48
mlmttcs 00 Seconds West, a distance of 1311.] 7 feag tltencc North 00 degrocs 26 Minutes
55 Seconds East, a distance of 362.87 feeh, thence North 89 Degrees 33 Minutes OS Seconds
West, a distance of 29.10 feet to the hue point of beginning of the tract of Imd to be bemire
comeycd; thence North 82 Degrees 20 Minutes Ol Secoada East, a distance of 17.04 feet;
thence North 41 Degees 40 Minutes SO 3rxmrds East, a distance of 11.43 feeg thence North
21 Degrees 19 Mirwfes 46 Seconds Bast, a dlatauce of 119.72 feet to a point hereinaler
referred to as point "A"; iherma Nordr 29 Degrees 27 Minutes 43 Seconds Fast, a distance of
9.78 feet; thence North 30 Degrees 50 Minutes OS Seconds East, a diatanw of $7,84 feet.
Also, beginnIttg at said point "A' ;thence South 6 7 Degrees 06 Mimrtes 36 Seconds Fast, a
distance of 3.38 Peek
0.04483
3UBIECP to any eesemenls and right-of-way of record already existing in, over, upon and across the
easement properly.
Grantor, its succpsors or assigns, may landscape, use and enjoy the land above described, provided such use
shay not in the judgment of KCPI,, interfere wiW ur endanger the construction, operation or maintenance of
said lines, and provided further that no buildings shell be wnslructed on said Iand described above.
This easement conveyance shall run with the land end shall be binding upon Grantor and its successors and
assigns.
TO HAVL~ AND HOLD THIi SAIvffi, together with all appurteoant~s, necessary incidents and immunities
thererrato belonging or in a~ manner appertainingunto KCPL and unto its successors and assigns faevet.
IN WITNESS WHEREOF, Grantor lure executed this F.asemerrt as of the day and year acknowledged below. ~•-
THE INDUSTRIAL DEVEI.OPMENP :..
~~
AU1'Zj(ORITY OF CITY ON ~
R ,, MISSOURI c"'
Feel ~
~
-'""
Br
W o Sn er, Praslde
~~
ACKNOWI.L+UGMENT
STATE OF MISSOURI
COUNTY OF PLATI'8
ON T[IIS 2ND day of February, 2009, before me, a Notary Publiq personally appeared: Wayno Snyder and
proved to me on the basis of satisfactory evidence that ha is the 1'resldent Df the Indushial Development
Authority of the City of liiverside, Missouri, whose name is subscribed to Iha within instrrrmerrt, and
acknowlodged that he executed the samo on 6chelf of said authority for the purposes stated therein and no
other and acknowledged said instrument to be dre free act and deed of said authority.
WffNES3 my haq(•oyhl seal in the County and State aforesaid, the day and year fnst above written.
~p',~ ~Ne9
~OtANY aF,u ~ ~
_
~N ~M~
.}~'~J~,L otmy Public Sigy Lure
(seal) ' N~ ""AgpY l~'
~~~9i+r~r a Printod orTyped Name
aggqx w
xeTAgY Plf
aLiT
87Af5
YgeUla
r
r
~
M
y
o m
m i sa ~&r~ ni~~ r
C
h
~
~
,,
~ `CA.ci"~~ ~3 ~ ~.~~\
WMS ~~ Validated by:
K Cal
��CCa11lSlS� �l�J�IS u�/iJO�v- OI�J��
ATE•OF HI F �� ' •� ���
o
ICE 8 ti
0040$3
2009 MAR 27 P 3: 30
� 4 r
RECOROEO 000!�OPG. V&_,a } .
GLORIA 90YER.°LAT E.CO;RECOROEi� � 0%.
��ate- �,,�F�f�z-' •.�,,,,
Title of Document: SUBORDINATION AGREl"All"N'r
Date of Document: March 10, 2009
Grantor: LJMI3 DANK, N.A..
1010 Grand Blvd., 4th Floor
Kansas City, Missouri, 64106
Grantee: THE INDUSTRIAL DEVI:LOPMI NI' AU'fI-IORI'I'Y OF THE CITY OF m ,
RIVERSIDE. MISSOURI
2950 NW Vivion
Riverside, Missouri 64150
J
and
0
THE CITY OF RIVERSIDE; MISSOURI o
2950 NAV Vivion Road
Riverside, Missouri 64150
and
KANSAS CITY POWER & LIGHT
P.O. Box 418679
Kansas City. Missouri 64141
Legal: Sec l"Ahibit A
Reference:
Return Recorded Document to
Deborah A. Polk
2345 Grand, Suite 2000
Kansas City, MO 64108
Mgpo'§§ J_/ WWv"lo�Oop�l�l���o �Ool J��
-t
J
Mr�ofoc�o�� Qoc�a�c���
SUBORDINATION AGREEMENT
THIS AGREEMENTis made as of this I01 day of March, 2009, between UMB BANK,
N.A., a national association duly organizcd and existing under the laws of the United States of
America having a corporate trust office located at UMB Bank, N.A., 1010 Grand Blvd., 41h
Floor, Kansas City, Missouri 64106. Attention: Corporate Trust Department, and its successors
and assigns, ("Mortgagee"), and ']'HE INDUSTRIAL DEVELOPMENT AUTHORITY OF
THE CITY OF RIVERSIDE, MISSOURI, a public corporation organized and existing under
the laws of the State of Missouri, having its principal office located at 2950 NW Vivion,
Riverside, Missouri 64150, ("Mortgagor") for the benefit of the CITY OF RIVERSIDE,
MISSOURI, a fourth class municipality of the State of Missouri, having an address of 2950 NW
Vivion Road, Riverside, Missouri 64150, ("City") and KANSAS CITY POWER & LIGHT
COMPANY, having an address of P.O. Box 418679, Kansas City, Missouri 64141 ("KCPL").
RECITALS:
A. The Mortgagor issued its $30,265,000 Revenue Bonds (Riverside Horizons
Infrastructure Project - City of Riverside, Missouri) Series 2007A and $10,000,000 Revenue
Bonds (Riverside Horizons Infrastructure Project - City of Riverside, Missouri) Series 2007B
dated as of May I, 2007 (the"Bonds").
B. In connection with the Bonds, Mortgagee and Mortgagor entered into a series of
security documents, including (but without limitation):
(i) A Financing and Cooperation Agreement dated May I, 2007 between The moo.
Industrial Development Authority of the City of Riverside, Missouri and UMB, e
N.A., recorded May 9, 2007 in Book 1103 at Page 315 in the office of the �
O
Recorder of Deeds, Platte County, Missouri (`Financing Agreement"). ,.
rn'
(ii) A Decd of Trust and Security Agreement, granting a deed of trust lien on the
property described therein, ("Mortgaged Property") to secure the payment of the
Series 2007 Bonds, and any other amounts or obligations secured thereby,dated
May 1, 2007, and recorded May 9, 2007 in Book 1103 at Page 316 in the office of
the Recorder of Decds, Platte County, Missouri (`Mortgage").
C. 'rhe City is in the process of building public infrastructure which benefits the
Mortgaged Property, including a lift station to serve portions of the Mortgaged Property.
D. In connection with such public infrastructure, it is necessary for electric service to
be provided to the lift station which necessitates that an easement be granted on the Mortgaged
Property in favor of KCPL ("Easement").
IN Np Do Ophl�M N0MQ)C3ug§
tNe I fhaht�t �l° Cnt ihsU"Igagec subordinate1 . Purs
its lien to such Easement.
AGREEMENT:
NOW, THEREFORE, in consideration of these Recitals, the mutual benefits and
obligations accruing under this and other good and valuable consideration, the receipt and
sufficiency ol'which are hereby mutually acknowledged, the parties agree as follows:
I. The Mortgagee, as the holder of the Mortgage, in the original principal amount of
$30,265,000.00 for the Series 2007A bonds and $10;000,000.00 for the Series 20078 bonds,
does hereby grant its consent to the Easement and does hereby subordinate the priority and
superiority of the Mortgage and any Assignment of Mortgagee's interest in Leases or UCC-I
Financing Statements and similar documents given in connection therewith and all amendments
to such documents, to the priority of the basement.
2. Notwithstanding the foregoing, this subordination of Mortgagee's lien on the
Easement shall not affect the remaining Mortgaged Property or the indebtedness thereof on the
Mortgage or Financing Agreement. Mortgagee does not intend to subordinate its Mortgage or .a
any other doCnmenl evidencing, concerning or securing an indebtedness to Mortgagee to any
other lien or encumbrance other than the aforementioned Easement. Furthermore, Mortgagee
agrees that no foreclosure of the Mortgage or deed or conveyance in lieu thereof shall extinguish J
the Easement granted herein.
c,
3. This Subordination Agreement shall be binding upon Mortgagor and Mortgagee
O
and their respective successors and assigns. A
-oi
4. Mortgagor and Mortgagee hereby agree to execute, acknowledge and deliver such
further instruments as may be necessary or appropriate to clTectuatc the purpose of this
subordination.
5. Except as specifically referenced herein, this Subordination Agreement shall not
modify said Deed of Trust or any of the documents given by Mortgagees in connection
therewith.
6. Each of the parties hereby represents that it has the capacity and authority to
execute and deliver this Subordination Agreement.
�oCVOP MQ)oa0§
LP hlft@ Ow (nlX
IJ�_/IJ 0awmird
MnO r OC O0 E1 OCH (�)H�
IN WITNESS WHEREOF, the parties hereto have caused this Subordination Agreement
to be executed as of the day and year first above written.
UMB BANK, N.A.
Namc: Brent W. Keep
Title: Vice President
MORTGAGEE
ACKNOWLEDGEMENT
STATE OF MISSOURI }
} SS:
COUNTY OF JACKSON }
On this, the'/- ay of February, 2009, before me, the undersigned, a Notary Public, appeared
Brent W. Keep, who being before me duly sworn did say that he is a Vice President of UMB
Bank, N.A., a national banking association organized under the laws of the United States of
America and that the seal affixed to the foregoing instrument is the seal of said association, and
that said instrument was signed and sealed on behalf of said association by authority of its board
of directors, and said official acknowledged said instrument to be executed for the purposes
therein stated and as the free act and decd of-said association.
ea:
xs
IN WITNESS WI-111REOF, I hereunder set my hand and affixed my notary seal, the day
and year last above written. �a
v
v•
Notary Pub
.o
My commission expires: t C
=1:
DELLA JONES M,
Notary PtJ&-NOW Sal
STATE OF MISSOURI
JadmOn caufft
My COmmia"E0 :Fab 27,2011
Caroomaw•07013628
Mp o0�werwoa'(5d
aIr�o
The undersi� r�ddkQ yYslreg=Nt of this
Subordination Agreement.
THE INDUS'T'RIAL DEVF,LOPMENT
AUTHORITY OFT CITY OF RIVERSIDE,
MISSOURI
�1
Name: N a e Snyder
Title: PrLsieYent
MORTGAGOR
ATTEST:
[seal]
�x
Jane cn Secretary
W
ACKNOWLF,DGE MF,NT
CD
(M
STATE OF MISSOURI }
} SS: Q'
COUNTY OF PLATTE }
On this, the4K 7 day of February, 2009, before me, the undersigned; a Notary Public,appeared
Wayne Snyder, who being before me duly sworn did say that he is the President of THE
INDUSTRIAL DEVELOPMENT AUTHORITY FO THC CITY OF RIVERSIDE, MISSOURL,
a public corporation organized and existing under the laws of the State of Missouri and that the
seal affixed to the foregoing instrument is the seal of said corporation, and that said instrument
was signed and sealed on behalfofsaid corporation by authority of its Board of Directors, and
said official acknowledged said instrument to be executed for the purposes therein stated and as
the free act and deed of said corporation.
IN WITNESS WHEREOF, 1 hereunder set my hand and affixed my notary seal, the day
and year last above written.
Notary Public
My commission expires: SUSAN WILLIAMS.0 WEAD
HWry Pubtk-Note? '
Countpstete 01 Wssoun
mlt l_y �d�1 �e�etl��on#05448172
!Vf My Commission Exptroe 06100100
���po��� �oc��op0Cal 0 ooa��
M allo Om n,�9 H o mm irou
Mrao oc�o�0 UOC U tMr &n�
Exhibit A
EASEMENT
(SEI; A-r-rACHED)
w.:
x.
W.
J
-v
iCO
O
9r.
:av
IPMW) Qoun9 Hopo uil
EASFMENT
KNOW ALL MEN DY THESE PRESENTS,that on this 2"' day of February, 2009,THE INDUSTRIAL
DEVELOPMENT AUTHORrI'Y OF THE CITY OF RIVERSIDE,MISSOURI, 2950 N.W. Vivion Road,
Riverside, Missouri 64150, (Grantor), and KANSAS CITY POWER & LIGHT COMPANY, P.O. Box
418679,Kansas City,Missouri 64141,(Grantee).
WfTNIiSSETtI:
Grantor,in consideration of one dollar and other good and valuable consideration,the receipt and sufficiency
of which are hereby acknowledged, does hereby grant; bargain, sell, convey,and confirm unto KCPL, and
unto its successors and assigns, a permanent casement over, along, across, and under the lands hereinafter
described,including the right and privilege at any time,and from time to time to enter upon said casement and .
erect, construct,maintain,repair and relocate poles,wires, guys, anchors,underground cables,conduits,pad `
mounted transformers and service pedestals, and all related appurtenances for the transmission and
distribution of electric energy and for KCPL communication purposes; including the right and privilege at W:
any time and from time to time to patrol said easement property and to cut,top,trim,and remove such brush J
and trees if any on or adjacent to said easement property, whenever in KCPL's judgment such will interfere v_
with or endanger the construction, operation or maintenance of any appurtenances thereon; said easement e�
property being over, along, across and under the following described lands in the County of Platte and the 0
Stale of Missouri to-wit: ;
vaT'
A tract of land ten feet in width being a pari of the Southeast Quarter of Section 5,Township
50, Range 33, Platte County Missouri, the centerline of which is described as follows:
commencing at the Southeast corner of said Southeast Quarter;Thence North 88 degrees 48
minutes 00 Seconds West,a distance of 1311.17 feet; thence North 00 degrees 26 Minutes
55 Seconds East,a distance of 362.87 feet;thence North 89 Degrees 33 Minutes 05 Seconds
West,a distance of 29.10 feet to the true point of beginning of the tract of land to be herein
conveyed; thence North 82 Degrees 20 Minutes 01 Seconds East,a distance of 17.04 feet;
thence North 41 Degrees 40.Minutes 50 Seconds East,a distance of 11.43 feet;thence North
21 Degrees 19 Minutes 46 Seconds East, a distance of 119.72 feet to a point hereinafter
referred to as point"A';thence North 29 Degrees 27 Minutes 43 Seconds East,a distance of
9.78 feet;Ihenco North 30 Degrees 50 Minutes 08 Seconds East,a distance of 87.84 feet.
Also, beginning at said point'W',thence South 61 Degrees 06 Minutes 36 Seconds East, a
distance of 3.38 feet.
MpCol f0Wlwn'W, op� MooaW
SUBJECT to any easements and right-of-way of record already existing in, over, upon and across the
easement properly.
Grantor,its successors or assigns,may landscape,use and enjoy the land above described,provided such use
shall not in the judgment of KCPL,interfere with or endanger die construction,operation or maintenance of
said lines,and provided further Otat no buildings shall be constructed on said land described above.
This easement conveyance shall ran with the land and shall be binding upon Grantor and its successors and
assigns.
TO HAVE AND HOLD THE SAME, together with all appurtenances, necessary incidents and immunities
thereunto belonging or in any manner appertaining unto KCPL and unto its successors and assigns forever.
1N W1'1'NL'SS Wk1EREOF,Grantor has executed this Easement as oltho day and year acknowledged below. ;-• c
THE INDUSTRIAL DEVELOPMENT J
AUTYORITY OF T11I CITY OF -o
RIVERS :,MISSOURI
sea] •O
O
Ey' .:
W c Sny er,Preside
See Lary
ACKNOWLEDGMENT
STATE OP MISSOURI
COUNTY OF PLATTE
ON THIS 2ND day of February,2009, before me, a Notary Public, personally appeared: Wayne Snyder and
proved to me on the basis of satisfactory evidence that he is the President of the Industrial Development
Authority of the City of Riverside, Missouri, whoso name is subscribed to die within instrument, and
acknowledged that he executed the same on behalf of said authority for the purposes staled dreiein and no
other and acknowledged said instrument to be the free act and deed of said authority.
WITNESS my ha_tkOVI {$,{' dol seat in the County and State aforesaid,the day and year first above written,
�TIOTARY Sf,�'.• Ca /-�-b�
�J Notary Public Si lure
(seal) %rP� ARY P110� ?
BARr+umm�t" Printed or Typed Name
Aa A
NOTARY Pe&IC•8TAT6TE
Or W SSeIMV
My Commisal PIATTECOUR ri saran
WMS 202708 Validated by:
1)
Mp oDD�o�oo p0����0 moo a�D