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HomeMy WebLinkAbout2008-121 - Amendment to Facility Use Agreement with Greater Kansas City YMCABILL NO.2008- 121 ORDINANCE N0.2008-I21 AN ORDINANCE AUTHORIZING AND APPROVING THE CITY OF RIVERSIDE, MISSOURI, TO ENTER INTO AN AMENDMENT TO FACILITY USE AGREEMENT WITH THE GREATER KANSAS CITY YMCA WHEREAS, the City of Riverside, Missouri (the "City") and the Greater Kansas City YMCA, a/k/a South Platte County YMCA, ("Licensee") entered into that certain Facility Use Agreement dated July 24, 2007 whereby the City agreed to allow the Licensee to utilize the Community Center building located at 4498 NW High Drive, in Riverside, Missouui (the "Center") for league activities and practices according to the terms therein; WHEREAS, the City and the Licensee have agreed to additional terms for the use of the Center by the Licensee; ~VIIEREAS the City and the Licensee have drafted a Amendment to Facility Use Agreement setting forth the terms of the agreement; NOW THEREFORE BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CTi'Y OF RIVERSIDE, MISSOURI AS FOLLOWS: Section 1. This Ordinance is intended and is hereby determined and declared to be necessary to accomplish and serve the public purpose of enhancing the services and facilities available to the residents of the City. Section 2. The City of Riverside shall enter into an Amendment to the Facility Use Agreement. Section 3. The execution and delivery of the Amendment to the Facility Use Agreement, in substanfially the form attached hereto as Exhibit A, is approved, and the Mayor is authorized to execute the Amendment to the Facility Use Agreement and to take such other actions reasonably necessary to carry out the intent of this Ordinance on behalf of the City, the execution of the Amendment to the Facility Use Agreement being conclusive evidence of such approval. Section 4. 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 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 5. This Ordinance shall be in full force and effect from and after its passage and approval. PASSED AND APPROVED THIS ~/ DAY OF~G1/ , 2008. Mayor Kathleen L. Rose ATTEST. ty Clerk -fir`::(`( 1tP~`r NQ~f ~ ~ ~JE1~ AMENDMENT TO THE FACILITY USE AGREEMENT ~I rY O' ~ ~INi ~'~3I~[- THI5 AMENDMENT (the "Amendment") tot e Facility Use Agreement, is made and entered into effective for all purposes and in all respects as of the day of~~71008, by and between The City of Riverside, Missouri, having an address of 2950 NW Vivion Road, Riverside, Missouri 64150 (the "City"), and Greater Kansas City YMCA, a!k/a South Platte County YMCA, having an address of 8875 Clark Ave, Parkville, Missouri 64152 (the "Licensee"). WITNESSETH: WHEREAS, the City and the Licensee entered into that certain Facility Use Agreement dated July 24, 2007 whereby the City agreed to allow the Licensee to utilize the Center for league activities and practices according to the terms therein. WHEREAS, the City and the Licensee have agreed to additional terms for the use of the Center by the Licensee. WHEREAS, the parties desire to amend the Facility Use Agreement as follows: 1. Exhibit A. Exhibit A to the Facility Use Agreement shall be deleted in its entirety and Exhibit A attached hereto shall be substituted in lieu thereof. Hereafter all references to either Exhibit A within the Facilities Use Agreement, as amended by this Amendment, shall be deemed to refer to Exhibit A attached hereto and incorporatedhereie by this reference. 2. Miscellaneous. Except as herein specifically modified and' amended, the Facility Use Agreement remains unchanged and is incorporated herein by reference. In the event of any conflict behveen the terms and provisions of the Facility Use Agreement and the terms and provisions of this Amendment, the terms and provisions of this Amendment shall govern. All capitalized teens used in this Amendment which are not defined herein shall have the meanings given to said capitalized terms by the Facility Use Agreement. IN WITNESS WHEREOF, the parties hereto have executed their respective signature pages of this Amendment the date and year first above written. ATTES Louise Rusick C ty Clerk (SEAL) A TTFCT• RIVE SIDE, MISSOURI By: ` CG~~L~~~ ~~ Name: ,~ . o Position: '~TI~I/B 2~ Date: ~~ ~- ~J~ GREATER KANSAS CITY YOUNG MEN'S CHRIST`AN Q~S~~ IAA By: / ti .~ Name: ~ ~,, f1~ Position: ~xe<;~1,.-~ Vic„ /''~.,,,f,~d,,.., Date: ~l - /2 -e v Exhibit A 1. The City will allow the Licensee to use of the gym located at the Center for a fee of $20 per hour for leagues and practices 2. The Licensee has agreed to provide all advertising, administration, and officials required for each league 3. A "site supervisor" will be present whenever the Licensee uses the Center for practice or league games. A site supervisor is a representative from the YMCA program who will be identified in advance and will supervise the YMCA programs, and be knowledgeable about the emergency procedures at the Center and able to assist Center staff if a situation occurs 4. League sessions will be booked 12 weeks at a time 5. City residents will receive a 50% discount on all league fees for the leagues that have games at or practices at the Center