HomeMy WebLinkAbout1995-037 - Amendment No. 5 to Permanent Lease and Development Agreement#5980S; 06/20/95
BILL NO. ~~~ ~ 1
~_..
ORDINANCE NO. ~~~ -'~/
AN ORDINANCE AUTHORIZING AMENDMENT NO. 5 TO THE PERMANENT
LEASE AND DEVELOPMENT AGREEMENT.
WHEREAS, under the terms of the lease and development
agreement, the City agreed to lease certain realty to Missouri,
and
WHEREAS, the probability of an adjustment of the exact
location to be leased was anticipated, and
WHEREAS, the exact location of the realty that Missouri
wishes to lease has now been determined.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF
THE CITY OF RIVERSIDE, MISSOURI, AS FOLLOWS:
Section 1. The Lease and Development Agreement is amended
with regard to Exhibit "A" and paragraph 3 on pages 5 and 6 to
provide that the realty to be leased by Missouri from the City
is legally described as follows:
A tract of land located in fractional Section 9, Township
50 North, Range 33 West, Riverside, Platte County,
Missouri, being more particularly described as follows:
Commencing at the Northwest corner of said fractional
Section 9; thence S 00° 02' 00" E along the West line of
said fractional Section 9 a distance of 1,591.58 feet;
thence S 89° 20' 30" E a distance of 1303.50 feet; to a
point on the East line of the West one-half of the West
one-half of said fractional Section 9; thence S 00° 02'
00" E along said East line, a distance of 464.56 feet to
the point of beginning of the tract of land to be
described; thence N 72° 35' 37" E a distance of 85.03
feet; thence S 26° 46' 19" E a distance of 89.65 feet;
thence N 72° 35' 37" E a distance of 80.60 feet; thence S
17° 27' 24" E a distance of 30.00 feet; thence S 72°
35' 37" W a distance of 67.29 feet; thence S 26° 46' 19"
E a distance of 210.26 feet; thence N 85° 16' 41" E a
distance of 43.35 feet; thence S 48° 20' 49" E a distance
of 90.08 feet to a point on the mean vegetation line of the
Northerly bank of the Missouri River; thence S 63° 32'
09" W meandering along said mean vegetation line a distance
of 391.96 feet to a point on the East line of the West
one-half, of the West one-half of fractional Section 9;
thence N 00° 02' 00" W along said East line a distance of
497.08 feet to the point of beginning. Contains 97,762
square feet or 2.244 acres more or less.
2
Section 2. The Mayor is authorized to execute Amendment
No. 5 which is attached to this ordinance as though fully set
out therein.
PASSED THIS ~4 DAY OF , 1995
Wit, ,~.~.,~~
MAYOR '
ATTHST:
~ ~" ~
C.ri/~
CITY CLERK
APPROVED THIS ~~ DAY OF , 1995.
MAYOR
Argosy/Amendment No. 5
58555; 06/01/95
AMENDMENT NO. 5 TO LEASE AND DEVELOPMENT AGREEMENT
This agreement made on this ~ day of June, 1995, by
and between THE CITY OF RIVERSIDE, MISSOURI, hereinafter called
"CITY" and MISSOURI GAMING COMPANY, hereinafter called
"MISSOURI".
WHEREAS, under the terms of the lease and development
agreement, the City agreed to lease certain realty to Missouri,
and
WHEREAS, the probability of an adjustment of the exact
location to be leased was anticipated, and
WHEREAS, the exact location of the realty that Missouri
wishes to lease has now been determined.
NOW, THEREFORE, BE IT AGREED AS FOLLOWS:
Section 1. The lease and development agreement is amended
with regard to Exhibit "A" and paragraph 3 on pages 5 and 6 to
provide that the realty to be leased by Missouri from the City
is legally described as follows:
A tract of land located in fractional Section 9, Township
50 North, Range 33 West, Riverside, Platte County,
Missouri, being more particularly described as follows:
Commencing at the Northwest corner of said fractional
Section 9; thence S 00° 02' 00" E along the West line of
said fractional Section 9 a distance of 1,591.58 feet;
thence S 89° 20' 30" E a distance of 1303.50 feet; to a
point on the East line of the West one-half of the West
one-half of said fractional Section 9; thence S 00° 02'
00" E along said East line, a distance of 464.56 feet to
the point of beginning of the tract of land to be
described; thence N 720 35' 37" E a distance of 85.03
2
feet; thence S 260 46' 19" E a distance of 89.65 feet;
thence N 720 35' 37" E a distance of 80.60 feet; thence S
170 27' 24" E a distance of 30.00 feet; thence S 720
35' 37" W a distance of 67.29 feet; thence S 26° 46' 19"
E a distance of 210.26 feet; thence N 85° 16' 41" E a
distance of 43.35 feet; thence S 480 20' 49" E a distance
of 90.08 feet to a point on the mean vegetation line of the
Northerly bank of the Missouri River; thence S 63° 32'
09" W meandering along said mean vegetation line a distance
of 391.96 feet to a point on the East line of the West
one-half, of the West one-half of fractional Section 9;
thence N 00° 02' 00" W along said East line a distance of
497.08 feet to the point of beginning. Contains 97,762
square feet or 2.244 acres more or less.
Section 2. It is mutually agreed that the golf course will
not now be located on this realty and that therefore the word
"golf course" is deleted from page 6 of the lease and
development agreement, provided however, it is expressly agreed
that Missouri's obligations with regard to the golf course
shall not otherwise be changed by this amendment.
Section 3. The City, its assigns and designees shall be
allowed access to and use of Line Creek.
CITY OF RIVERSIDE, MISSOURI
Mayor
AT\S TEST:
//~~
City Clerk
MISSOURI GAMING COMPANY
By:
ATTEST:
Secretary
J U N- 2 6- 9 5 M O N 1 5: 2 9 W I T T F~ H I C K L I N
•.
2
P _ 0 6
feet thence s 260 46' 19" E a distanaa of 89.65 feet;
thence N 72° 36' 37" E a distance of 80.60 feet; thonve 8
370 27' 24" E a distance of 3o.ao feett thence S 720
3S' 37" W a distance of 67.29 feet; thence 3 260 46' 39"
E a distance or Z10.Ze feet; thence N as0 36' ai" 8 a
distends Of 43-35 Peet] thence S 480 20' 49" E a distanoo
oL 90.08 feet to a point on the mean vegetation line of the
Northerly barilC of the Missouri River; thence S 630 32'
09" W meandering along said mean vegetation line a diatanve
Ot x93.96 feet to a point on the Eact lino of th.e fdb~t
one-half, of the west one-half ox fractional 8actian 9/
tltenr.R x nno 07.' Oo" H elonq said East liAa a distance o!
497.08 feet to the point of beginning. Contains 97,762
aguara feet or 2-244 acres more or less.
Section 2. It is mutually agreed that the golf Course will
not now be located an this zealty and that therefore the word
°golf Course" is deletes from page b ox the lease and
davelopraent agreement, provided however, it ie expressly agreed
that !liseouri~s obligations with regard to the golf" ooursa
a~hail not otherwise be changed by this amendment.
8vction 3. The City, its assigns and designees shall be
allowed acceau to and use of Line Czeek.
Gx3'X OF RIVERSxDE, MYSSOURI
By: _
Hayor
1~TT T i
city Clerk
A1S30UK1 GA!'!SN(s CUMPANX
BY~L~~
T~~
ecr dry
3
STATE OF MISSOURI )
ss.
COUNTY OF PLATTE
On this ~ day of June, 1995, before me appeared Betty
Burch, to me personally known, who, being by me duly sworn, did
say that she is the Mayor of the City of Riverside, a political
subdivision, known to me to be the person and officer whose
name is subscribed to the foregoing instrument, acknowledged to
me that she executed the same for the purposes and
consideration therein expressed, and as the free act and deed
of said City, and in the capacity therein stated, all by
authority of its Board of Aldermen.
IN TESTIMONY WHEREOF,
affixed my official seal at
the day and year last above
I have hereunto set my hand and
my office in the State of Missouri
written
Notary Public
My commission expires:
~-a~ 9~
JUN - 2 6- 9 5 M O N 1 5 7 8 0 W Z T T~ H I C K L I N
P _ 9S
JUN-22-93 THU 04:44 PM 2489 7483P4D 816 746 8349 P. 07
4
STATE OF S,(~~
ss.
COUNTY OF~L~~z~d ! )
On this ~~ d y of June, x.995, berora tae,
appeared ~-4~ ~~ ~ ~/~~rv to me personally /~
known, who bd/irl~g by mn duly sworn, did otty that ho iG tho I~~ee.rited+~
~~ of ~'f~.u2r:,.C1~~- a corporation and
that tho a~eul aff~.xed to the for~g instrument is the
corporate seal of said corporation and that said instrument wao
signed and sealed in behalf of e~aid carp ation by authority of
il.a $a+srd of Directors, and onid
acknowledged sa:ld instrument to be the free act nd deed oP
said oorporati,on. '
IN WITNESS WHEREOF, I have hereunto set D1 and and attixed
my notarial meal at my off ice in ~.~~~YI , ~~®~-, ,~~~ ~
the day and year last above written.
Notary P blio
Hy commission expires: ~~-i 9~
OFFICIAL SEAL
CAROLYN M ITTNER
NOTARY PUBIC, STATE OF ILLINOIS
MY COMMISSION EXPIP.ES:11/01/.98
.vwvrvwwv~ivwwwr
/~.