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MINUTES REGULAR MEETING

BOARD OF ALDERMEN RIVERSIDE, MISSOURI

Wednesday, October 22, 2014

5:30 p.m.

The Board of Aldermen for the City of Riverside, Missouri, met in regular session in the Board of Aldermen Chambers at City Hall, 2950 NW Vivion Road, Riverside, Missouri, on Wednesday, October 22, 2014.

Mayor Rose called the regular meeting to order at 5:30 p.m. Those in attendance were Mayor Kathy Rose, Aldermen Ron Super, Mike Fuller, Art Homer, Brad Cope, Aaron Thatcher, and Chet Pruett. Also present were City Administrator Greg Mills, City Clerk Robin Littrell, City Engineer Travis Hoover, Community Development Director Mike Duffy, Community Development Assistant Sarah Wagner, Finance Director Donna Oliver, City Planner Jackie Carlson, Fire Chief Gordon Fowlston, and City Attorney Paul Campo. MOTION TO ENTER INTO Alderman Homer moved that the meeting go into closed CLOSED @ 5:32 P.M. session pursuant to RSMo 610.021 (1) Legal Action and litigation, RSMo 610.021(2) Leasing, purchase or sale of real estate, RSMO 610.021 (3) Hiring, firing, disciplining or promoting a particular employee when personal information about the employee is discussed, and RSMo 610.021(12) Sealed bids and related documents, until the bids are opened; and sealed proposals and related documents or any documents related to a negotiated contract until a contract is executed, or all proposals are rejected, second by Alderman Cope. Yes: Homer, Cope, Fuller, Pruett, Thatcher, and Super. Motion carried 6-0. MOTION TO ADJOURN Alderman Thatcher moved at 6:55 p.m. to adjourn closed CLOSED @ 6:55 P.M. session with action taken, second by Alderman Super. Yes: Thatcher, Super, Cope, Homer, Pruett, and Fuller. Motion carried 6-0. REGULAR SESSION Mayor Rose called the Regular Session Meeting to order at 7:01 p.m. Those in attendance were Mayor Kathy Rose, Aldermen Ron Super, Mike Fuller, Art Homer, Brad Cope, Aaron Thatcher, and Chet Pruett. Also present were City Administrator Greg Mills, City Attorney Paul Campo, City Clerk Robin Littrell, City Engineer Travis Hoover, Public Works Director Tom Wooddell, Community Development Director Mike Duffy, Finance Director Donna Oliver, Fire Chief Gordon Fowlston, and Major Chris Skinrood.

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PLEDGE OF ALLEGIANCE Mayor Rose led the Pledge of Allegiance. PUBLIC COMMENT None. Mayor Rose welcomed Parker Stevens and Lucas Blahnik with Troop 495. CONSENT AGENDA Alderman Cope moved to approve the consent agenda as presented, second by Alderman Thatcher. Yes: Cope, Thatcher, Pruett, Super, Fuller, and Homer. Motion carried 6-0. MINUTES OF 10-07-14 Alderman Cope moved to approve the minutes of the October 7,

2014 meeting, second by Alderman Thatcher. Yes: Cope, Thatcher, Pruett, Super, Fuller and Homer. Motion carried 6-0. SEPTEMBER 2014 Alderman Cope moved to approve the September 2014 Court Court Report Report, second by Alderman Thatcher. Yes: Cope, Thatcher, Pruett, Super, Fuller, and Homer. Motion carried 6-0. RESOLUTION 2014-092 Alderman Cope moved to approve Resolution 2014-092 Bill Pay authorizing the expenditure of funds for fiscal year 2014- 2015, for weeks ending October 10th and October 17th in the

amount of $380,838.57, second by Alderman Thatcher. Yes: Cope, Thatcher, Pruett, Super, Fuller, and Homer. Motion carried 6-0. RESOLUTION 2014-093 Alderman Cope moved to approve Resolution 2014-093 Service Agreement KCADC authorizing the city to enter into a service contract with the Kansas

City Area Development Council for $15,000, second by Alderman Thatcher.

Yes: Cope, Thatcher, Pruett, Super, Fuller, and Homer. Motion carried 6-0. RESOLUTION 2014-094 Alderman Cope moved to approve Resolution 2014-094 Service Agreement PCEDC authorizing the to enter into a service contract with the Platte

County Economic Development Council for $10,000, second by Alderman Thatcher.

Yes: Cope, Thatcher, Pruett, Super, Fuller, and Homer. Motion carried 6-0. REGULAR AGENDA PUBLIC HEARING @ Mayor Rose this Public Hearing to consider a rezoning, 7:07 PM preliminary development plan, and preliminary plat for property

legally described as: All that part of Lots 1& 2, Partition Plat of the Estate of George Roberts, located in the Southeast ¼, of Section

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6, Township 50, Range33, in the City of Riverside, Platte County, Missouri was previously opened. Community Development Director Mike Duffy explained the need to continue this issue until November 4th. Because of the continuance Bill No. 2014-089, Bill No. 2014-090, Bill No. 2014-091 and Bill No. 2014-094 are all continued to the November 4th meeting.

Mayor Rose asked that this public hearing be continued until November 4th, 2014.

Alderman Thatcher moved to continue the public hearing until November 4th, 2014, second by Alderman Cope.

Yes: Thatcher, Cope, Fuller, Homer, Super, and Pruett. Motion carried 6-0. BILL NO. 2014-092 City Clerk Robin Littrell gave first reading of Bill No. 2014-092. Vehicle Tow and Storage Agmnt Police Major Chris Skinrood stated that this ordinance is a renewal of a contract currently in place with two one year renewals. Alderman Thatcher moved to accept first reading and place Bill No. 2014-092 on second and final reading, second by Alderman Cope. Yes: Thatcher, Cope, Pruett, Fuller, Homer, and Super. Motion carried 6-0. Alderman Cope moved to approve Bill 2014-092 and enact said bill as ordinance, second by Alderman Thatcher. Yes: Cope, Thatcher, Super, Pruett, Fuller, and Homer. Motion carried 6-0. BILL NO. 2014-093 City Clerk Robin Littrell gave first reading of Bill No. 2014-093. Lucas Wagner-PW New Hire Alderman Thatcher moved to accept first reading and place Bill No. 2014-093 on second and final reading, second by Alderman Cope. Yes: Thatcher, Cope, Homer, Fuller, Pruett, and Super. Motion carried 6-0. Alderman Cope moved to approve Bill 2014-093 and enact said bill as ordinance, second by Alderman Thatcher. Yes: Cope, Thatcher, Pruett, Fuller, Super, and Homer. Motion carried 6-0. CITY ADMINISTRATOR City Administrator Greg Mills discussed the Hermosa Street at I-

635. Residents requested this public street to be repaired and paved. Staff has determined that Hermosa is a public street. Pictures of the street were shown and discussion was held. Repair is an estimated expense of $12,000 and repair with curbs would be approximately $16,000. It was decided by consensus of the Board, to fix Hermosa Street properly with curbs.

Mills explained that the ETC Survey review was to be presented at this meeting, but since the meeting was moved to Wednesday evening, it is postponed to the next regularly scheduled meeting.

ADMINISTRATION Nothing to report.

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COMMUNITY DEVELOPMENT Nothing to report. ENGINEERING Nothing to report. FINANCE Finance Director Donna Oliver handed out a Gaming Revenue

spreadsheet showing monthly revenues for the last two years. PUBLIC SAFETY Nothing to report. PUBLIC WORKS Nothing to report. LEVEE BOARD Alderman Super reported the election at the annual meeting

concluded that all members remained the same for the upcoming year. The Corp of Engineers is now offering several options to repair the Q1 area.

MAYOR’S DISCUSSION Mayor Kathy Rose announced that Trunk or Treat is tomorrow

evening, October 23, 2014, in the City Hall parking lot, bring your kids!

BOARD OF ALDERMEN Alderman Super – Nothing to report. Alderman Thatcher – Nothing to report. Alderman Homer – Asked staff if there had been any activity

toward water and sewer rates being streamlined or discussions with the utility companies. City Administrator Mills replied that staff will be bringing information to the Board regarding this issue soon.

Alderman Pruett – Nothing to report. Alderman Cope – Nothing to report. Alderman Fuller – Nothing to report. MOTION TO ADJOURN Alderman Thatcher moved to adjourn the meeting at 7:19 p.m.,

second by Alderman Cope. Yes: Thatcher, Cope, Homer, Fuller, Super, and Pruett. Motions carried 6-0. _____________________________ Robin Littrell, City Clerk

RESOLUTION NO. R - 2014-095

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A RESOLUTION AUTHORIZING THE EXPENDITURE OF FUNDS OUT OF THE CITY TREASURY OF THE CITY OF RIVERSIDE FOR FISCAL YEAR 2014-2015 WEEK ENDING OCTOBER 24TH AND OCTOBER 31ST IN THE AMOUNT OF $132,788.59.

WHEREAS, the Board of Aldermen find it is in the best interest of the citizens of the City of Riverside to authorize and approve the expenditure of funds as set forth in Exhibit “A” attached hereto;

NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE

CITY OF RIVERSIDE, MISSOURI, AS FOLLOWS: THAT the disbursements and expenditure of funds from the city treasury in the

amount of $132,788.59 as set forth in Exhibit “A” attached hereto and made a part hereof by reference are hereby authorized and approved. FURTHER THAT the City Administrator is hereby authorized to execute all agreements or documents necessary to approve the purchase of goods and services contemplated therein and the Finance Director is authorized to issue a check therefor to the respective companies, firms, persons in the amounts set forth therein. PASSED AND ADOPTED by the Board of Aldermen and APPROVED by the Mayor of the City of Riverside, Missouri, the 4th day of November, 2014.

__________________________________ Mayor Kathleen L. Rose

ATTEST: ____________________________ Robin Littrell, City Clerk

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MINUTES REGULAR MEETING

PLANNING AND ZONING COMMISSION RIVERSIDE, MISSOURI

Thursday, October 9, 2014

6:30 p.m. The Planning and Zoning Commission for the City of Riverside, Missouri, met in regular session at Riverside City Hall, 2950 NW Vivion Road, Riverside, Missouri. Chair Al Bowman called the meeting to order at 6:30 p.m. Answering roll call were Al Bowman, Ray Uhl, Harold Snoderley, Stephen King, Mike Soler, Mike Lombardo, Art Homer and Steven Kaspar. Also present: Jackie Carlson City Planner, Keith Payne, Fire Marshall, and Community Development Assistant Sarah Wagner. Members absent were Jim Frakes and Mayor Kathy Rose. Approval of Minutes of July 7 , 2014

Commissioner Kaspar moved to approve the minutes of July 7, 2014, seconded by Commissioner Snoderley. Motion passed 8-0.

Public Hearing- Rezoning 4106 NW Mattox Road

Chair Al Bowman opened the public hearing at 6:31pm to consider a rezoning for 4106 NW Mattox Road. Jackie Carlson gave the staff report and explained that the applicant is representing BABRA which is a joint venture between the current owners of the Fleming-Babcock site and Block and Company. They are requesting that the property at 4106 NW Mattox Road be rezoned from GP-I, which is a holding district, to PD-Planned Development. The PD regulations they are proposing are the same ones that were approved for the Challenge site and similar to other in the Horizons development. Curtis Holland with Polsinelli Law Firm introduced the team working on this project. Commissioner Ray Uhl asked if the applicant had any prospective businesses for this location. Holland replied that they are building this as strictly a spec industrial building. Chair Bowman closed the public hearing at 6:33pm. Commissioner King moved to recommend approval of the rezoning of 4106 NW Mattox to the Board of Aldermen,

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Public Hearing- Preliminary/Final Plat & Preliminary/Final Development Plan 4106 NW Mattox Road Land Disturbance-4106 NW Mattox Road

seconded by Commissioner Soler. Motion passed 8-0. Chari Bowman opened the public hearing at 6:35pm. Carlson gave the staff report explaining that this requests is for a plat for a single lot of approximately 14 acres. It has a small existing building that will be demoed in preparation for construction of a new 245,000 sq.ft. industrial spec building. Infrastructure to this site is available and there is anticipation of using left over CDBG funds from improvements to Mattox Road to the east. Any overages for this will be the responsibility of the developer. The City has an agreement with NorthPoint Development to build Helena road when they begin development in the future. The property will drain to the south into the regional detention system. There is parking proposed all around the building and office area is unknown at this time due to this being a spec building. The proposed development plan and plat are in conformance with the approve Comprehensive Master Plan. Commissioner Kasper asked when NorthPoint Planed to develop Helena. Carlson replied that they will development at the time they build on the property. They will have to bring a development plan before the Planning Commission prior to the start of construction. Curtis Holland with Polsinelli Law Firm gave an overview of the building and the timeline for development. Chair Bowman asked how many potential parking spaces the applicant was providing. Carlson replied 269 vehicle spaces and 46 trailer spaces which does exceed what is required by code. Chair Bowman closed the public hearing at 6:58pm. Commissioner Lombardo moved to recommend approval of the preliminary/final plat and preliminary/final development plan for 4106 NW Mattox Road to the Board of Aldermen, seconded by Commissioner Ray Uhl. Motion Carried 8-0. Carlson explained that a request for a Land Disturbance permit only goes to the Planning Commission. This will allow the

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Adjourn

applicant, BABRA, to begin grading and surcharging the site. They will have to bring in fill in order to do this. The applicant has provided a copy of their MDNR permit. Commissioner King moved to approve the land disturbance permit for 4106 NW Mattox Road, seconded by Commissioner Snoderely. Motion Carried 8-0. Commissioner Uhl moved to adjourn at 7:02 p.m. Commissioner Snoderley seconded and the meeting was adjourn 8-0. ____________________ Sarah Wagner Community Development

WA 6207670.1

BILL NO. 2014-089 ORDINANCE NO. ______

AN ORDINANCE AUTHORIZING AND GRANTING A REZONING OF 4106 NW MATTOX ROAD FROM “GP-I GENERAL PLANNED INDUSTRIAL” TO “PD PLANNED DEVELOPMENT” IN ACCORDANCE WITH THE PROVISIONS OF THE UNIFIED DEVELOPMENT ORDINANCE FOR THE CITY OF RIVERSIDE, MISSOURI AND APPROVING PLANNED DEVELOPMENT STANDARDS IN CONNECTION THEREWITH

WHEREAS, Application No. PC14-13 was submitted to the City by BABRA, LLC requesting a change in zoning from “GP-1 General Planned Industrial” to “PD Planned Development” on land located generally south of 41st Street and west of Mattox Road and legally described on Exhibit A attached hereto and incorporated herein (the “Property”);

WHEREAS, after due public notice in the manner prescribed by law, the Planning Commission held a public hearing on October 9, 2014 to consider the application and the Planning Commission recommended that the zoning change requested be approved, together with planned development standards for the Property as set forth in Exhibit B attached hereto and incorporated herein; and

WHEREAS, after due public notice in the manner prescribed by law, the Board of Aldermen has hereby held a meeting to consider the zoning change request on this October 21, 2014, and based upon all of the information presented, find that it is in the best interest of the citizens of the City of Riverside to approve the zoning change request, together with planned development standards for the Property upon the terms and conditions provided herein.

NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI, AS FOLLOWS:

SECTION 1 – BEST INTEREST OF THE CITY TO REZONE PROPERTY. It is in the best interests of the City in order to further the objectives of industrial and economic development of the City, as well as in furtherance of the objective to protect the health, safety, and welfare of the businesses and citizens of the City, to rezone the Property from “GP-1 General Planned Development” to “PD Planned Development” and such rezoning is hereby approved.

SECTION 2 – BEST INTEREST OF THE CITY TO APPROVE PLANNED DEVELOPMENT STANDARDS. It is in the best interests of the City in order to further the objectives of industrial and economic development of the City, as well as in furtherance of the objective to protect the health, safety, and welfare of the businesses and citizens of the City, to approve the planned development standards for the Property set forth in Exhibit B and such standards are hereby approved. Development of the Property shall be subject to and comply with such standards together with all other provisions set forth in the City Code and Unified Development Ordinance of the City of Riverside. Such approval does not relieve BABRA, LLC from following all other

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applicable codes and laws of the City of Riverside or other governmental agency, nor does it relieve BABRA, LLC from submitting necessary site plans or applying for all necessary building permits, electrical permits, sign permits, or occupation licenses required by City Code. The standards set forth in Exhibit B shall have precedence where such conditions are more restrictive than those set forth in the City Code.

SECTION 3 – AUTHORITY GRANTED. The City hereby authorizes the Mayor, the City Administrator, the City Clerk, Special Counsel to the City and other appropriate City officials to take any and all actions as may be deemed necessary or convenient to carry out and comply with the intent of this Ordinance and to execute and deliver for and on behalf of the City all certificates, instruments, agreements and other documents, as may be necessary or convenient to perform all matters herein authorized.

SECTION 4 – EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage and approval.

BE IT REMEMBERED that the above was read two times by heading only, PASSED AND APPROVED by a majority of the Board of Aldermen and APPROVED by the Mayor of the City of Riverside, Missouri, this 4TH day of November, 2014.

___________________________________ Kathleen L. Rose, Mayor ATTEST: ________________________________ Robin Littrell, City Clerk

Approved as to form: ___________________________________ Spencer Fane Britt & Browne LLP Special Counsel to the City ByJoeBednar

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EXHIBIT A

LEGAL DESCRIPTION

ALL THAT PART OF LOTS 1 AND 2, PARTITION PLAT OF THE ESTATE OF GEORGE ROBERTS, LOCATED IN THE SOUTHEAST 1/4, OF SECTION 6, TOWNSHIP 50, RANGE 33, IN THE CITY OF RIVERSIDE, PLATTE COUNTY, MISSOURI, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT THE SOUTHWEST CORNER OF SAID SE ¼, THENCE N 0° 10’ 41” E, ALONG THE WEST LINE OF SAID SE ¼, A DISTANCE OF 25.00 FEET; THENCE S 89° 24’ 06” E, 25.00 FEET NORTH OF AND PARALLEL WITH THE SOUTH LINE OF SAID SE ¼, A DISTANCE OF 30.00 FEET, TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF FARM ROAD AS ESTABLISHED IN BOOK 1220, PAGE 315, IN THE RECORDER OF DEEDS OFFICE, PLATTE COUNTY, MISSOURI, SAID POINT BEING THE POINT OF BEGINNING; THENCE N 0° 10’ 41” E, ALONG SAID EAST RIGHT-OF-WAY LINE, A DISTANCE OF 409.76 FEET, TO A POINT OF CURVATURE; THENCE NORTHEASTERLY ALONG SAID EAST RIGHT-OF-WAY LINE, BEING A CURVE TO THE RIGHT, HAVING A RADIUS OF 470.00 FEET, A CENTRAL ANGLE OF 14° 04’ 13”, AN ARC DISTANCE OF 115.42 FEET, TOA POINT OF REVERSE CURVATURE; THENCE NORTHERLY ALONG SAID EAST RIGHT-OF-WAY LINE, BEING A CURVE TO THE LEFT, HAVING A RADIUS OF 530.00 FEET, A CENTRAL ANGLE OF 11° 44’ 05”, AN ARC DISTANCE OF 108.55 FEET; THENCE N 47° 22’ 42” E, ALONG SAID EAST RIGHT-OF-WAY LINE, A DISTANCE OF 31.22 FEET, TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF 41ST STREET, AS NOW ESTABLISHED; THENCE S 89° 24’ 06” E, ALONG SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF 898.48 FEET, TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF MATTOX ROAD, AS NOW ESTABLISHED; THENCE S 0° 16’ 25” W, ALONG THE WEST RIGHT-OF-WAY LINE OF SAID MATTOX ROAD, A DISTANCE OF 81.10 FEET; THENCE S 89° 24’ 06” E, ALONG SAID WEST RIGHT-OF-WAY LINE, A DISTANCE OF 10.00 FEET; THENCE S 0° 16’ 25” W, ALONG SAID WEST RIGHT-OF-WAY LINE, A DISTANCE OF 571.76 FEET; THENCE N 89° 24’ 06” W, 25.00 FEET NORTH OF AND PARALLEL WITH THE SOUTH LINE OF SAID SE ¼, A DISTANCE OF 959.86 FEET, TO THE POINT OF BEGINNING, CONTAINING 622,238 SQUARE FEET OR 14.285 ACRES, MORE OR LESS.

TO BE REPLATTED AS: LOT 1, RIVERSIDE LOGISTICS CENTRE, A SUBDIVISION IN RIVERSIDE, PLATTE COUNTY, MISSOURI.

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EXHIBIT B

“PD” REGULATIONS

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BABRA “PD” Regulations

October 22, 2014

A. Building Lines. There shall be no minimum front and rear setback requirements for the Planned Development. Building separation shall be a minimum of sixty (60) feet and separation of buildings will be required to meet minimum separation standards governed by the adopted building code of the City. Building setbacks shall be set by final development plan and where applicable final plat.

B. Building Materials and Construction. All buildings and other structures shall be constructed of attractive exterior sides of high quality materials including masonry, concrete, glass, and metal (when used in an incidental role). Specific materials which will be excluded include exposed (i) galvanized metal facades, (ii) nondecorative cinder or concrete block, and (iii) double T concrete panels. Exterior mechanical or electrical equipment, including, but not limited to, HVAC equipment shall be so placed or screened that the predominant design lines of the building or structure continue without visual distraction or interruption. If the function of the building or structure dictates placement of such equipment in such a manner or location that the building exterior walls themselves are unable to screen the equipment from view of adjacent existing or proposed streets or highways, they must be separately screened using materials compatible with the approved building materials with use of a an appropriately designed parapet wall and the height of such screening shall be equal to the height of the equipment to be screened; or with acceptable landscaping. Accessory buildings, enclosures, appurtenant structures to, or extrusions from, any building or structure shall be of similar or compatible materials, design and construction or shall be so located as to be substantially screened from public rights of ways.

C. Building Material Colors. Color of materials used on the construction of all buildings, enclosures, and appurtenant structures shall be consistent throughout the entire development and will present a predominantly warm earth tone appearance. Exact color palette and materials will be approved by final development plan.

D. Parking. Employee, customer, owner or tenant parking shall be the responsibility of the property owners and they shall provide all necessary parking facilities entirely on their property. Parking on private or public streets or highways within the subject property is expressly prohibited. All parking areas and drives and access shall be paved with an impervious surface equal to asphalt or concrete and maintained by the owner in a well-kept condition. Each parking space provided shall be designated by lines painted on the paved surfaces and shall be adequate in area, generally spaces will be sized nine feet wide by eighteen feet long (9’ x 18’) when a curb abuts and nine feet wide by twenty feet long (9’ by 20’) when not abutting a curb.

Adequate off-street parking shall be provided by each Owner and tenant for its customers, employees and visitors; and the parking ratios will be provided in the preliminary development plan and will be reviewed and approved by the City.

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E. Off-Street Loading. Provision for handling all truck service must be totally within the building site. Docks and loading areas facing non-industrial uses within the development shall be screened in accordance with the landscape provisions described in the PD regulations. All loading areas shall be paved with an impervious surface equal to asphalt or concrete. All side and rear loading service areas shall be properly screened from view from all existing or proposed streets, roads, or highways by walls, earth berms, and/or plant material.

F. Outside Storage and Equipment. Outside storage areas are not permitted within the Planned Development unless specifically identified and approved as part of the final development plan or, if the final development plan has already been approved, a special use permit must be obtained. Outside storage and equipment shall be in accordance with the following standards:

• Submittals: Included on the final development plan or with the special use permit application must be a list of all the items to be stored. The list will include a description and photo/sketch of the items. The storage area must be cleared delineated on a site plan.

• Location: All outside storage shall be located in either a side or rear yard. No outdoor storage shall be located within ten (10) feet of a street line.

• Screening: All outside storage shall be adequately screened with landscaping, decorative walls or other screening devices that complement the building design and layout of the site.

• Appearance: All outside storage shall have a neat and orderly appearance. • Setback: Outside storage areas shall comply with all setback requirements. • Height: The height of stored items should not exceed 15 feet, unless the items are

completely screened from public view, but shall never exceed the height of the building.

This regulation does not apply to the customary trailer parking activities associated with tenants inside the Planned Development.

G. Site Maintenance and Trash Removal. Each Owner and tenant shall keep its premises,

buildings and improvements and appurtenances in a safe, sightly, clean, neat and wholesome condition, and shall comply in all respects with all governmental, health and police requirements. Each Owner and tenant shall remove, at its own expense, any rubbish or trash of any character which may accumulate on its property and shall keep unlandscaped and landscaped areas neat and well-maintained. Rubbish and trash shall not be disposed of on the premises by burning in open fires or incinerators. All rubbish and trash containers shall be properly screened by an appropriate enclosure.

H. Signage. No sign shall be erected, placed or otherwise installed upon a building site or affixed to a building, structure, or other improvement erected on a building site until the plans for such sign shall have been approved by the City. Flashing or moving signs shall be prohibited. Product or service replicas or models shall be prohibited, unless allowed per the Unified Development Ordinance, and the location, size, design and color of all signs must be in keeping with the character of the area.

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Each individual business shall be allowed a maximum of one (1) monument sign and

two (2) wall signs.

l. Monument Sign. Monument signs shall be located on the premises of the business and be at least three (3) feet from the street right-of-way. The total area of the sign, including the sign face, base and supporting or decorative elements, shall not exceed sixty-four (64) square feet with a maximum height of ten (10) feet about the average grade.

2. Building Facade Signs. Building Façade Signs shall be attached to the

building to identify individual businesses. Each individual business may have a maximum of two (2) walls signs per building, with a maximum of one (1) sign per side of building. The maximum sign face per sign shall be one-hundred twenty (120) square feet, except for businesses that occupy a single building the maximum sign face per sign shall be one-hundred fifty (150) square feet. For signs with one line of copy, the maximum letter height shall be sixty (60) inches per letter. For signs with two lines of copy, the maximum letter height shall be forty-eight (48) inches per letter.

3. For Sale or Lease Signs. A temporary wood, metal, or plastic sign may be erected on a developed building site to offer the property for sale or lease. One (l) such sign, having a maximum area of thirty-two (32) square feet for buildings less than 50,000 square feet, forty-five (45) square feet for buildings more than 50,000 square feet but less than 150,000 square feet, and sixty (60) square feet for buildings more than 150,000 square feet.

6. Temporary Signs. Paper signs, stickers, transfers, signs printed or affixed to, or visible through the windows, doors or exterior walls of a building or other signs of a temporary character or purpose, regardless of the composition of the sign or the materials used therefore, are expressly prohibited.

7. Construction Signs. A temporary wood, metal, or plastic sign will be allowed

during the construction of a building project. Such signs may be either single or double faced with each face having a maximum area of sixty (60) square feet for building sites, less than five (5) acres and eighty square feet for building sites of five (5) acres or more. All signs permitted under this provision will be removed immediately upon issuance of an occupancy permit for any building constructed on the site.

I. Landscaping. All open areas on any building site not occupied by buildings, storage, parking, access roads and loading shall be suitably graded with a slope not to exceed 4:1 to allow for mowing, and drained and shall be maintained in lawn, trees, and/or shrubs, including lawn irrigation in all such areas. It is the intent of these regulations to provide a park-like setting for the buildings, as well as to screen objectionable areas. Building sites shall be landscaped in accordance with following:

Building Frontage at Street: 1 Shade Tree (2-1/2” cal.) or Evergreen Tree (8’ ht) for every 40 feet of street frontage to be planted along the street right-of-way. Common Area side or Building Rear: 1 Shade Tree (2-1/2” cal.) or Evergreen Tree

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(8’ ht) for every 50 feet of frontage on common area such as, lakes and canals. Parking Lots: Landscaped islands should be added at the ends of all parking rows and should be bermed and planted with either sod or landscaping.

• 1 Shade Tree (2-1/2” cal.) or Evergreen Tree (8’ ht) for every 200 square foot of parking lot islands.

• Parking lot screening is encouraged where green space exists. Screening should be shrubs 3’ in height not exceed 20% of the total frontage.

Building Foundation: Building foundations should be landscaped at building entries and sides with groundcovers, shrubs and ornamental trees.

The landscape development, having been installed, shall be maintained by the owner in a neat and adequate manner, which shall include the mowing of lawns, trimming of hedges, other such maintenance and watering including the installation of lawn irrigation on all sites. The landscaping shall be implemented and completed within three (3) months of the issuance of a temporary certificate of occupancy of the building; however, the City Building Inspector may extend this timeframe to a maximum of six (6) months due to weather concerns.

J. Exterior Lighting. Lighting of buildings and public areas, such as parking, plazas, landscaping, fountains, sculptures, and walkways is required. All site lighting will be accomplished by using concealed source fixtures with a minimum average illumination in accordance with the requirements of the City of Riverside, Missouri. All exterior lighting will be LED, metal halide or white in color and constant in nature, specifically excluding traveling, flashing or intermittent illumination of any kind and must be so arranged or shielded as to avoid glare or reflection onto any adjacent existing or proposed streets, highways, ponds or building sites. Pole mounted fixtures will have a maximum pole height of thirty-two (32) feet, including the base.

K. Underground Utilities, Pipes, Etc. No pipe, conduit, cable, line or the like for water, gas, sanitary sewage, drainage, steam, electricity, or any other energy or service shall be installed or maintained upon any building site (outside of any building) above the surface of the ground.

L. Fencing. All fencing on any building site shall be compatible with the building materials used in the construction of the major structure on said building site. Chain link fencing shall be finished with a black powder coat.

M. Animals. No livestock, poultry or other animals shall be kept on any part of the Planned District.

WA 6207203.1

BILL NO. 2014-090 ORDINANCE NO. ______

AN ORDINANCE APPROVING THE PRELIMINARY/FINAL PLAT OF RIVERSIDE LOGISTICS CENTRE, A SUBDIVISION IN THE CITY OF RIVERSIDE, PLATTE COUNTY, MISSOURI

WHEREAS, Application No. PC14-14 was submitted to the City by BABRA, LLC, requesting approval of the Preliminary/Final Plat of RIVERSIDE LOGISTICS CENTRE, a subdivision in the City of Riverside, Platte County, Missouri (the “Plat”);

WHEREAS, the Planning Commission considered the application on October 9, 2014 and recommended that the Plat be approved; and

WHEREAS, the Board of Aldermen find it to be in the best interests of the City in order to further the objectives of industrial and economic development of the City, as well as in furtherance of the objective to protect the health, safety, and welfare of the businesses and citizens of the City, to approve the Plat as set forth herein.

NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI, AS FOLLOWS:

SECTION 1 – BEST INTEREST OF THE CITY TO APPROVE THE PLAT. It is in the best interests of the City in order to further the objectives of industrial and economic development of the City, as well as in furtherance of the objective to protect the health, safety, and welfare of the businesses and citizens of the City, to approve the Preliminary/Final Plat attached hereto as Exhibit A and incorporated herein and such Plat is hereby approved.

SECTION 2 – ACCEPTANCE OF DEDICATIONS. That the City of Riverside hereby further accepts the dedication of all streets, municipal uses, easement, access, and utilities shown on the Plat, not heretofore dedicated to the public for the purpose(s) as therein set out.

SECTION 3 – AUTHORITY GRANTED. The City hereby authorizes the Mayor of the City and other appropriate City officials to execute and deliver the Plat, consistent with the terms of this Ordinance and Missouri law, and hereby authorizes the Mayor, the City Administrator, the City Clerk, Special Counsel to the City and other appropriate City officials to take any and all actions as may be deemed necessary or convenient to carry out and comply with the intent of this Ordinance and to execute and deliver for and on behalf of the City all certificates, instruments, agreements and other documents, as may be necessary or convenient to perform all matters herein authorized.

SECTION 4 – EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage and approval.

2 WA 6207203.1

BE IT REMEMBERED that the above was read two times by heading only, PASSED AND APPROVED by a majority of the Board of Aldermen and APPROVED by the Mayor of the City of Riverside, Missouri, this 4TH day of November, 2014.

___________________________________ Kathleen L. Rose, Mayor ATTEST: ________________________________ Robin Littrell, City Clerk Approved as to form: ___________________________________ Spencer Fane Britt & Browne LLP Special Counsel to the City byJoeBednar

3 WA 6207203.1

EXHIBIT A

PRELIMINARY/FINAL PLAT

WA 6207572.1

BILL NO. 2014-091 ORDINANCE NO. ______

AN ORDINANCE APPROVING A PRELIMINARY/FINAL DEVELOPMENT PLAN FOR BABRA, LLC ON LAND LOCATED AT 4106 NW MATTOX ROAD IN ACCORDANCE WITH THE UNIFIED DEVELOPMENT ORDINANCE OF THE CITY OF RIVERSIDE WHEREAS, Application No. PC14-14 was submitted to the City by BABRA, LLC for approval of a Preliminary/Final Development Plan for construction of an approximately 245,343 square foot industrial facility (“Development Plan”) located on an approximately 622,238 square foot tract of land at 4106 NW Mattox Road, Riverside, Missouri;

WHEREAS, after due public notice in the manner prescribed by law, the Planning Commission held a meeting on October 9, 2014 to consider said application and recommended that the Development Plan be approved; and WHEREAS, after due public notice in the manner prescribed by law, the Board of Aldermen has hereby held a meeting to consider the application on this October 21, 2014, and based upon all of the information presented find that it is in the best interest of the citizens of the City of Riverside to approve the Development Plan for said property upon the terms and conditions provided herein. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI, AS FOLLOWS: SECTION 1 – BEST INTEREST OF THE CITY TO APPROVE DEVELOPMENT PLAN. It is in the best interests of the City in order to further the objectives of industrial and economic development of the City, as well as in furtherance of the objective to protect the health, safety, and welfare of the businesses and citizens of the City, to approve the Development Plan, attached hereto as Exhibit A and incorporated herein, for development of property located at 4106 NW Mattox, Riverside, Missouri, and legally described as set forth on Exhibit B attached hereto and incorporated herein, and such Development Plan is hereby approved, subject to the conditions provided herein, to allow for the construction of an industrial facility according to such plan. SECTION 2 – CONDITIONS OF APPROVAL. The following condition of approval shall apply with regard to the Development Plan approved for development of the property:

1. The approval of the Development Plan does not relieve

BABRA, LLC from compliance with all other applicable local, state and federal laws, codes, ordinances, and regulations. BABRA, LLC is required to request and obtain approval for all necessary permits to begin constructing the development.

2 WA 6207572.1

SECTION 3 – AUTHORITY GRANTED. The Mayor, the City Administrator, Special Counsel to the City, and other appropriate City officials are hereby authorized to take any and all actions as may be deemed necessary or convenient to carry out and comply with the intent of this ordinance an to execute and deliver for and on behalf of the City all certificates, instruments, agreements and other documents, as may be necessary or convenient to perform all matters herein authorized. SECTION 4 – EFFECTIVE DATE. This ordinance shall be in full force and effect from and after the date of its passage and approval. BE IT REMEMBERED that the above was read two times by heading only, PASSED AND APPROVED by a majority of the Board of Aldermen and APPROVED by the Mayor of the City of Riverside, Missouri, this 4th day of November, 2014.

___________________________________ Kathleen L. Rose, Mayor ATTEST: ________________________________ Robin Littrell, City Clerk

Approved as to form: ___________________________________ Spencer Fane Britt & Browne LLP Special Counsel to the City by Joe Bednar

3 WA 6207572.1

EXHIBIT A

PRELIMINARY/FINAL DEVELOPMENT PLAN

4 WA 6207572.1

EXHIBIT B

LEGAL DESCRIPTION

ALL THAT PART OF LOTS 1 AND 2, PARTITION PLAT OF THE ESTATE OF GEORGE ROBERTS, LOCATED IN THE SOUTHEAST 1/4, OF SECTION 6, TOWNSHIP 50, RANGE 33, IN THE CITY OF RIVERSIDE, PLATTE COUNTY, MISSOURI, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT THE SOUTHWEST CORNER OF SAID SE ¼, THENCE N 0° 10’ 41” E, ALONG THE WEST LINE OF SAID SE ¼, A DISTANCE OF 25.00 FEET; THENCE S 89° 24’ 06” E, 25.00 FEET NORTH OF AND PARALLEL WITH THE SOUTH LINE OF SAID SE ¼, A DISTANCE OF 30.00 FEET, TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF FARM ROAD AS ESTABLISHED IN BOOK 1220, PAGE 315, IN THE RECORDER OF DEEDS OFFICE, PLATTE COUNTY, MISSOURI, SAID POINT BEING THE POINT OF BEGINNING; THENCE N 0° 10’ 41” E, ALONG SAID EAST RIGHT-OF-WAY LINE, A DISTANCE OF 409.76 FEET, TO A POINT OF CURVATURE; THENCE NORTHEASTERLY ALONG SAID EAST RIGHT-OF-WAY LINE, BEING A CURVE TO THE RIGHT, HAVING A RADIUS OF 470.00 FEET, A CENTRAL ANGLE OF 14° 04’ 13”, AN ARC DISTANCE OF 115.42 FEET, TOA POINT OF REVERSE CURVATURE; THENCE NORTHERLY ALONG SAID EAST RIGHT-OF-WAY LINE, BEING A CURVE TO THE LEFT, HAVING A RADIUS OF 530.00 FEET, A CENTRAL ANGLE OF 11° 44’ 05”, AN ARC DISTANCE OF 108.55 FEET; THENCE N 47° 22’ 42” E, ALONG SAID EAST RIGHT-OF-WAY LINE, A DISTANCE OF 31.22 FEET, TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF 41ST STREET, AS NOW ESTABLISHED; THENCE S 89° 24’ 06” E, ALONG SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF 898.48 FEET, TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF MATTOX ROAD, AS NOW ESTABLISHED; THENCE S 0° 16’ 25” W, ALONG THE WEST RIGHT-OF-WAY LINE OF SAID MATTOX ROAD, A DISTANCE OF 81.10 FEET; THENCE S 89° 24’ 06” E, ALONG SAID WEST RIGHT-OF-WAY LINE, A DISTANCE OF 10.00 FEET; THENCE S 0° 16’ 25” W, ALONG SAID WEST RIGHT-OF-WAY LINE, A DISTANCE OF 571.76 FEET; THENCE N 89° 24’ 06” W, 25.00 FEET NORTH OF AND PARALLEL WITH THE SOUTH LINE OF SAID SE ¼, A DISTANCE OF 959.86 FEET, TO THE POINT OF BEGINNING, CONTAINING 622,238 SQUARE FEET OR 14.285 ACRES, MORE OR LESS.

TO BE REPLATTED AS: LOT 1, RIVERSIDE LOGISTICS CENTRE, A SUBDIVISION IN RIVERSIDE, PLATTE COUNTY, MISSOURI.

alan johnson design, llc

700 w. 47th st. #200

kansas city, missouri 64112

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Preliminary Site Plan

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alan johnson design, llc

700 w. 47th st. #200

kansas city, missouri 64112

w 816.412.8455

e alan@alanjohnsondesign.com

architecture

interiors

planning

consulting

alan

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Final Site Plan

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WA 6278622.1

BILL NO. 2014-094 ORDINANCE NO. ______

AN ORDINANCE AUTHORIZING THE CITY OF RIVERSIDE MISSOURI TO ENTER INTO AN INFRASTRUCTURE DEVELOPMENT AGREEMENT RELATED TO THE BABRA, LLC PROJECT.

WHEREAS, the City has been working to provide for the efficient and orderly construction, operation and management of retail/commercial/industrial developments in the City of Riverside to further its objectives of industrial and economic development of the City for the benefit of the citizens of the City; and

WHEREAS, the City has determined that the development the Riverside Horizons Area

fulfills a public purpose and will further the growth of the City, improve the environment of the City, increase the assessed valuation of the real estate situated within the City, increase the sales tax revenues realized by the City, foster increased economic activity within the City, increase employment opportunities within the City, and otherwise be in the best interests of the City by furthering the health, safety, and welfare of its residents and taxpayers; and

WHEREAS, the City understands that street improvement infrastructure (“Infrastructure”)

will be necessary to accommodate the BABRA, LLC, industrial warehousing and distribution facility (“BABRA”) project, the site plan of which is attached hereto and incorporated herein as Exhibit A; and

WHEREAS, in order to provide for orderly design and construction of the Infrastructure

and to set forth the responsibilities for payment of the costs associated with such construction, the City wishes to approve the Infrastructure Improvement Agreement attached hereto and incorporated herein as Exhibit B (“Infrastructure Improvement Agreement”).

. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE

CITY OF RIVERSIDE, MISSOURI, AS FOLLOWS:

Section 1. BEST INTEREST OF THE CITY. It is in the best interest of the City, in order to further the objectives of industrial and economic development of the City to approve the Infrastructure design and construction process and to approve the Infrastructure Improvement Agreement in substantially the form attached hereto and incorporated herein as Exhibit B.

Section 2. APPROVAL OF INFRASTRUCTURE SPECIFICATIONS. The specifications for the construction of the Infrastructure shall be prepared pursuant to the process established in the Infrastructure Improvement Agreement and shall be subject to final City review and approved.

Section 3. AUTHORITY GRANTED. The City is hereby authorized to execute and deliver the Infrastructure Improvement Agreement with such changes therein as are approved by the Mayor, the City Administrator, Special Counsel to the City and other appropriate City officials, such officials’ signatures thereon being conclusive evidence of their approval thereof. The City shall, and the officials, agents and employees of the City are hereby authorized to, take such further action, and execute such other documents, certificates and instruments as may be necessary or desirable to carry out and comply with the intent of this Ordinance, specifically

2 WA 6278622.1

including any such actions to be taken by the City which are necessary or appropriate to accommodate the construction of the Infrastructure.

Section 4. EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage and approval.

BE IT REMEMBERED that the above was read two times by heading only, PASSED AND APPROVED by a majority of the Board of Aldermen and APPROVED by the Mayor of the City of Riverside, Missouri, this __ day of November, 2014.

___________________________________ Kathleen L. Rose, Mayor ATTEST: ________________________________ Robin Littrell, City Clerk Approved as to form: ___________________________________ Spencer Fane Britt & Browne LLP Special Counsel to the City by Joe Bednar

3 WA 6278622.1

EXHIBIT A

BABRA SITE PLAN

4 WA 6278622.1

EXHIBIT B

INFRASTRUCTURE IMPROVEMENT AGREEMENT

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INFRASTRUCTURE IMPROVEMENT AGREEMENT

THIS INFRASTRUCTURE IMPROVEMENT AGREEMENT (this “Agreement”) is made and entered into this ____ day of __________, 2014, by and between the CITY OF RIVERSIDE, MISSOURI, a fourth-class city and political subdivision duly organized and existing under the Constitution and laws of the State of Missouri (“City”), and BABRA, LLC, a Missouri limited liability company (“BABRA”).

RECITALS

WHEREAS, DB Land Holdings, L.L.C., a Missouri limited liability company (“DB”), owns all of Lot 1 of RIVERSIDE LOGISTICS CENTRE, a subdivision in the City of Riverside, Platte County, Missouri, according to the recorded plat thereof (the “Site”);

WHEREAS, BABRA desires to: 1) acquire the Site from DB, 2) transfer the Site to, and lease the Site from, the City by way of a Chapter 100 transaction, and 3) construct an approximately 245,343 square foot industrial warehousing and distribution facility on the Site in accordance with the development plans submitted by BABRA to the City;

WHEREAS, in order for the Site to be so developed, certain public infrastructure improvements to serve the Site and surrounding area must be constructed and/or installed, including the construction of Mattox Road as generally set forth on Exhibit A (the “Street Improvements”);

WHEREAS, the Street Improvements are intended to be connected to the streets owned and maintained by the City and are subject to the City’s acceptance;

WHEREAS, the Missouri Department of Economic Development (“DED”) has previously awarded a grant for public infrastructure in the City of Riverside, Missouri in the amount of $1,750,000.00 through its Community Development Block Grant Program (“CDBG”) on such terms as are set forth on the CDBG award attached hereto as Exhibit B (the “CDBG Award”) and the City has obtained approval from the DED to apply a portion of such award towards allowable costs related to the construction of the Street Improvements (such funds allocated to the Street Improvements, the “CDBG Funds”);

WHEREAS, with the exception of the City’s obligation to administer the CDBG Funds in accordance with applicable federal and Missouri law, the City shall have no obligation to provide the Street Improvements or other public infrastructure to benefit the Site and surrounding areas except as provided herein;

WHEREAS, based on the project design and construction specifications, the anticipated cost of completing the Street Improvements is $___________;

WHEREAS, except to the extent the CDBG Funds are available to use for allowable costs related to the construction of the Street Improvements, BABRA shall be solely responsible for payment of the cost of the Street Improvements out of its own funds (the “Private Funds”); and

WHEREAS, BABRA and the City desire to set forth terms regarding the beneficial and orderly design, construction, and construction observation of the Street Improvements.

COVENANTS AND AGREEMENTS

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NOW, THEREFORE, in consideration of the foregoing recitals, mutual covenants and promises set forth below, the receipt and sufficiency of which are mutually acknowledged, the City and BABRA hereby agree to this Agreement as follows:

1. Incorporation of Recitals and Exhibits. The Recitals set forth above and the exhibits attached hereto are incorporated into and made a part of this Agreement as if fully set forth herein.

2. Design , Construction, and Construction Observation of the Street Improvements.

A. Design Responsibilities. BABRA shall arrange for the preliminary engineering design of the Street Improvements. BABRA and the City shall agree to final project design and engineering specifications for the Street Improvements.

B. Construction Responsibilities. Once the final project design and engineering specifications are complete, and expressly conditioned upon the availability of adequate funds in the Escrow Account (as defined below), the City shall contract with appropriate engineering and construction firms for the construction and construction observation of the Street Improvements, all in a timely manner based upon the agreed-upon design and engineering specifications. The Street Improvements shall be constructed in accordance with the Unified Development Ordinance of the City of Riverside, Missouri, the Municipal Code of the City of Riverside, Missouri, and other applicable CDBG requirements and state and federal law. The City intends, but shall in no way be obligated, to contract with HB Construction, Inc., a Missouri corporation, to perform the construction of the Street Improvements and to contract with Bartlett & West, Inc., a Kansas corporation, to perform the construction observation and certification of the Street Improvements. . The City understands that time is of the essence with respect to completion of the Street Improvement and shall use its best effortsto cause the Street Improvements to be completed by July 1, 2015.

3. Cost of Construction.

A. Total Estimated Cost of Construction. The City and BABRA anticipate the cost of construction for the Street Improvements to meet or but not to exceed Four Hundred Fifty Thousand Dollars.$______________. The cost may change based on details provided as part of the completed design specifications.

B. Excess Funds. Should the cost of design, construction, and construction observation for the Street Improvement not result in the expenditure of the full amount of the CDBG Funds, the City and BABRA may agree to amend this Agreement to include additional public infrastructure projects.

C. Insufficient Funds. Should the cost of Street Improvements exceed the full amount of the CDBG Funds, BABRA shall be responsible for providing the full amount of remaining funds necessary to complete the Street Improvements. In this event, the Private Funds incurred by BABRA to complete construction of the Street Improvements (the “TIF Reimbursable Costs”) shall be reimbursed by the City to BABRA pursuant to Section 7 below.

4. Source of Funds.

A. CDBG Funds. The CDBG Funds shall be provided for construction of the Street Improvements and may be applied towards construction observation but shall not be applied towards design costs for the Street Improvements.

B. Private Funds. Subject to the terms and conditions set forth in this Agreement, BABRA

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shall be solely responsible for Private Funds in an amount sufficient to pay any and all reasonable and necessary costs, including the construction contingency as described in Section 6, incurred in connection with the design, construction, and construction observation of the Street Improvements in excess of the CDBG Funds.

5. Escrow.

A. Creation of Escrow Account. The City and BABRA agree to either: 1) create and establish with the City a segregated account for Street Improvement expenses designated as the “BABRA Street Improvement Escrow Account”; or 2) create and establish with UMB Bank, N.A., a national banking association with its principal payment office located in Kansas City, Missouri, an escrow account for the deposit of the CDBG Funds and Private Funds to be used for the payment of the Street Improvement costs (such account so chosen, the “Escrow Account”).

B. Deposits to Escrow Account. Within five (5) days of the execution of this Agreement, the City shall deposit into the Escrow Account the full amount of CDBG Funds. In the same timeframe, BABRA shall deposit the amount of Private Funds deemed necessary for the completion of the Street Improvements as determined through the final construction estimates. If the construction estimates are insufficiently complete as of the date of execution of this Agreement, BABRA shall deposit the full amount of Private Funds into the Escrow Account as soon as reasonably possible and prior to the City issuing a notice to proceed to construct any portion of the Street Improvements.

C. Disbursement of Moneys and Account Records for the Escrow Account. Funds in the Escrow Account shall be used solely to pay for costs of the Street Improvements. The City shall maintain adequate records pertaining to the Escrow Account and all disbursements therefrom, and shall file monthly statements of activity regarding the Escrow Account with BABRA. Any credits, recoveries from insurance or third parties, offsets or reductions in the scope of the Street Improvement work shall be credited against the Private Funds once any appropriate reimbursements have been made to the City or otherwise for actions necessary to identify and retrieve those credits, recoveries, offsets, or reductions.

D. Termination. The City shall terminate the Escrow Account when all disbursements required to be made for the Street Improvements are complete.

6. Construction Cost Contingency and Change Orders.

A. Project Cost Contingency. BABRA shall be solely responsible for any and all reasonable and necessary costs incurred in connection with the design, construction and construction observation of the Street Improvements in excess of the CDBG Funds. If the total contract award for the selected bid(s) is not at least ten percent (10%) less than available funds in the Escrow Account, BABRA shall be required to deposit into the Escrow Account at the time of contract award for the Street Improvements additional Private Funds in order to provide a ten percent (10%) contingency for such contract(s).

B. Change Orders. If a contractor and/or subcontractor constructing any portion of the Street Improvements (or providing construction observation therefore) submits a written claim or demand for payment of additional costs directly associated with the construction or construction observation of the Street Improvements to the City (“Requested Change Order”), the City may consult its construction management engineer, the design engineer, and BABRA to review and evaluate such Requested Change Order. If and when the cumulative gross value of Requested Change Orders exceeds 10% of the CDBG Funds available, the City shall consult with BABRA prior to exercising its absolute authority in its sole discretion to approve entering into any written agreement(s) memorializing any equitable adjustment(s) for payment of the contractor and/or subcontractor’s claim (“Change Order”).

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C. Deposit of Additional Private Funds. In the event the amount of any Requested Change Order(s) causes the total contract price of the Street Improvements to exceed the amount of the Escrow Account, BABRA shall, upon five (5) business days’ prior written notice from the City, deposit additional Private Funds into the Escrow Account in an amount necessary to pay for such Requested Change Order, plus ten percent (10%) of the total amount of such Requested Change Order.

D. Timing of Deposit of Private Funds. Any Private Funds required shall be deposited into the Escrow Account prior to the City approving any Requested Change Order or issuing a notice to proceed. The Private Funds may be drawn down by the City as necessary for the duration of the construction of the Street Improvements.

E. Failure to Deposit Private Funds. If BABRA fails to deposit any Private Funds required pursuant to the terms of this Agreement into the Escrow Account within the specified notice period provided herein, the City shall issue a stop work order for any aspect of any construction of the Street Improvements. The stop work order shall not be rescinded until the full amount of required Private Funds has been deposited into the Escrow Account.

F. Return of Private Funds. If there are any Private Funds in the Escrow Account remaining following completion of the Street Improvements, the Private Funds shall be returned to BABRA within sixty (60) days following acceptance of the completed Street Improvements by the City.

G. No City Liability. In the event BABRA fails to deposit the Private Funds into the Escrow Account, the City shall have no obligation to authorize any Requested Change Order which would exceed any CDBG Funds or other funds remaining in the Escrow Account, either of which may result in the stoppage or delay on completion of work until such time as the Private Funds are deposited into the Escrow Account. IN NO EVENT SHALL THE CITY INCUR ANY LIABILITY TO BABRA FOR ANY DIRECT OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATED TO BABRA’S DELAY OR FAILURE TO DEPOSIT THE PRIVATE FUNDS INTO THE ESCROW ACCOUNT.

7. TIF Reimbursement of Private Funds. The City shall reimburse BABRA for Private Funds incurred in connection with the design, construction, and construction observation of the Street Improvements in excess of the CDBG Funds wih the incremenetal ad valorem property taxes (as defined by the Real Property Tax Increment Allocation Redevelopment Act, Section 99.800 et seq., RSMo.) (the “TIF Act”) generated from the Site (the “TIF Revenues”) in accordance with the terms set forth below.

A. Reimbursement of Project Costs. Subject to the limitations set forth in this Agreement, the City shall reimburse the Developer for all certified TIF Reimbursable Costs. The parties agree that reimbursement will occur on a “pay as you go” basis as revenues are collected from the Site in the City’s TIF fund (“Special Allocation Fund”). The City shall have no obligation to reimburse BABRA until funds are available in the Special Allocation Fund. The City shall have no obligation to reimburse Developer from any funds other than those funds in the Special Allocation Fund. The City will not reimburse the Developer for any cost that is not a “redevelopment project cost” under Section 99.805(15) of the TIF Act.

B. Interest on Reimbursable Costs. TIF Reimbursable Costs shall accrue simple interest at five percent (5%) starting on the day BABRA deposits the Private Funds into the BABRA Street Improvement Escrow Account until the principal amount of such certified TIF Reimbursable Costs are paid. TIF Revenues distributed to pay TIF Reimbursable Costs shall be applied first to accrued and unpaid interest, then to principal. Unpaid interest shall accrue but shall not be compounded.

8. Improvement Districts. BABRA shall reasonably cooperate in good faith to support and participate

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in the City’s efforts to form: (i) a Community Improvement District (“CID”) including the Site and similarly situated properties and established for the maintenance of common areas within the Horizons Business Park; and (2) a Transportation Development District including. In the event a CID is formed and the Site and establishedbecome subject to payment of assessments to pay eligible CID costs, then the City agrees that such assessments for the funding of infrastructure improvements within the Horizons Business Park.Site shall not exceed $0.01 per s.f. of land area in the Site for the first ten (10) years of the CID, and shall not exceed $0.015 per s.f. of land area in the Site for the remaining term of the CID.

9. Dedication of Street Improvements. The City will accept the Street Improvements for dedication following construction approval verifying that all such Street Improvements have been constructed to City standards and that all the requirements of this Agreement have been met. The Street Improvements shall be inspected by the City prior to acceptance for dedication and reviewed subject to the City’s normal process for dedication. Title to, and ownership of, all Street Improvements constructed according to this Agreement shall vest absolutely in City, upon completion and acceptance of such Street Improvements by City.

10. Indemnification. BABRA shall indemnify and save the City and its governing body members, directors, officers, employees and agents harmless from and against all loss, liability, damage or expense arising solely out of BABRA’s actions involving: the design, construction and completion of the Street Improvements, or as a result of any breach, default or failure to perform by BABRA under this Agreement (collectively referred to as “Claim”), so long as such Claim is not caused, in whole or in part, by the City or the City’s agents, employees or contractors. BABRA shall also indemnify and save the City and its governing body members, directors, officers, employees and agents harmless of, from and against, all costs, reasonable counsel fees, expenses and liabilities incurred by them in any action or proceeding brought by reason of any such Claim. If any action or proceeding is brought against the City or its governing board members, directors, officers, employees or agents by reason of any such Claim, BABRA, upon notice from the City, covenants to defend such action or proceeding on demand of the City or its governing body members, directors, officers, employees or agents. Nothing in this section shall constitute a waiver of governmental or officers immunity of the City or its officers or employees.

11. CDBG Conditions. (JOE BEDNAR TO INSERT PROVISIONS).

12. Further Assurances. The parties agree to execute such other further documents as may be necessary to effectuate the purposes of this Agreement or that may be required by law.

13. Notice. Any and all notices permitted or required to be given under this Agreement shall be in writing and shall be given by either personal delivery which shall be effective upon delivery, by telecopy, facsimile, e-mail or other form of telecommunication which shall be effective upon confirmed transmittal, by express mail delivery that guarantees next day delivery (which shall be effective the day after delivery to such express mail company), or by U.S. registered or certified mail which shall be effective two (2) days after mailing, at the following addresses:

If to City: City of Riverside, Missouri 2950 N.W. Vivion Road Riverside, Missouri 64150 Attention: Mike Duffy Fax: (816) 746-8349 E-mail: mduffy@riversidemo.com

If to Companies: BABRA, LLC _________________ _________________700 W. 47th Street, Suite 200 Kansas City, Missouri 64112 Attn: Kenneth G. Block Fax: (816) 932-5598 Email: kblock@blockllc.com

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With a copy to: Spencer Fane Britt & Browne LLP 304 East High Street Jefferson City, Missouri 65101 Attn: Joe Bednar Fax: (573) 634-8140 E-mail: jbednar@spencerfane.com

With a copy to: Polsinelli PC 6201 College Blvd., Suite 500 Overland Park, KS 66211 Attn: Curtis M. Holland Fax: (913) 451-6505 E-mail: cholland@polsinelli.com

14. Entire Agreement. This Agreement constitutes the entire agreement between the parties hereto with respect to the subject matter hereof, superseding all prior oral or written agreements or understandings with respect thereto and may not be changed, modified, discharged or terminated orally or in any manner other than by an agreement in writing signed by all of the parties hereto. No waiver of the breach of the provisions of any section of this Agreement shall be construed as a waiver of any subsequent breach of the same section or any other sections which are contained herein.

15. Successors. The obligations under this Agreement shall run with the land and be binding upon and inure to the benefit of the parties and their respective successors and assigns.

16. Counterparts. This Agreement may be executed in one or more counterparts, each of which will be deemed an original and all of which, taken together, will constitute on and the same instrument.

17. Recording and Binding Effect. BABRA shall file a copy of this Agreement or a memorandum of this Agreement in the office of the Recorder of Deeds for Jackson County, Misosuri (“Office”). The City agrees to cooperate in the execution of any documents necessary to cause the Agreement to be released from the records of the Office at the conclusion of the Agreement.

[Remainder of Page Intentionally Left Blank – Signature Page to Follow]

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IN WITNESS WHEREOF, this Infrastructure Improvement Agreement has been duly executed by the parties hereto as of the date first set forth above. THE CITY OF RIVERSIDE, MISSOURI BABRA, LLC By: By: Name: Kathleen L. Rose Name: Title: Mayor Title:

ACKNOWLEDGMENTS STATE OF ________________) ) ss: COUNTY OF ______________) On this __ day of _________, 2014, before me appeared ______________, to me personally known, who, being by me duly sworn, did say that she/he is the ___________________ of BABRA, LLC, a Missouri limited liability company, and that the foregoing Infrastructure Improvement Agreement was signed on behalf of said company and said _________________ acknowledged said instrument to be the free act and deed of said company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year last above written.

__________________________________ Notary Public in and for County and State

[SEAL] __________________________________ Type or Print Name

My Commission Expires: ___________________

STATE OF MISSOURI )

) ss: COUNTY OF PLATTE ) On this __ day of _________, 2014, before me, personally appeared the honorable 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 fourth-class city and political subdivision duly organized and existing under the Constitution and laws of the State of Missouri, and that the foregoing Infrastructure Improvement Agreement was signed on behalf of said City of Riverside, Missouri by authority of its Board of Aldermen, and Mayor Rose acknowledged said instrument to be the free act and deed of said City. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year last above written.

__________________________________ Notary Public in and for County and State

[SEAL] __________________________________ Type or Print Name

My Commission Expires: ___________________

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EXHIBIT A

STREET IMPROVEMENTS

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EXHIBIT B

CDBG AWARD

RESOLUTION NO. R-2014-096 A RESOLUTION ACCEPTING AN EASEMENT FROM RIVERSIDE TOWNHOUSES, INC. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI AS FOLLOWS:

1. That the Riverside Board of Aldermen (“Board”) hereby approves and accepts the Easement document, in substantially the form attached hereto as Exhibit A, from Riverside Townhouses, Inc., authorizing the Mayor to execute such easement document on behalf of the City.

2. That the Mayor, the City Administrator, the City Attorney and other appropriate City officials are hereby authorized to take any and all actions as may be deemed necessary or convenient to carry out and comply with the intent of this Resolution and to execute and deliver for and on behalf of the City all certificates, instruments, agreements and other documents, as may be necessary or convenient to perform all matters herein authorized.

PASSED THIS _____ DAY OF ______________, 2014, BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI.

APPROVED: Mayor Kathleen L. Rose

ATTEST: ______________________________________ City Clerk Robin Littrell

10/23/2014 City of Parkville, MO Hunting and Target Shooting Regulations: Section 212.040 Feeding Deer Prohibited.

http://www.ecode360.com/27899776 1/1

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[Ord. No. 2397 §§1 — 3, 2-19-2008]

Definitions. The following words, terms and phrases, when used in this Section, shall havethe meanings ascribed to them in this Section, except where the context clearly indicates adifferent meaning:

DEERA ruminant animal having deciduous antlers, usually in the male only.

FEED OR FEEDINGThe intentional act of furnishing or otherwise making available food or othersubstance which is likely to be consumed by deer.

NATURALFood or other substances consumed by deer, produced by or existing in nature, notartificial.

Prohibition of Feeding. No owner or occupier of land within the City of Parkville, Missouri,shall intentionally feed, cause to be fed or provide or make available food or othersubstances for the consumption by deer within the City, either on private property or onpublic property.

Exception.

This Section shall not apply to any item that can be used as food if its source in natureis native to the subject premises on which the food is available. For example, by wayof illustration only, this Section shall not apply to apples or acorns generated from anapple tree or oak/acorn tree located upon the subject premises or carrots and corngrown in a garden located upon the subject premises.

A property of ten (10) acres or more shall be exempt from this Section and shall followthe current applicable rules of the Missouri Conservation Department pertaining to thefeeding and baiting of deer.