Loading...
HomeMy WebLinkAbout1937 Amending Certain Lease Agreement with Live Nation Entertainment Inc.BILL NO. 2023-046 ORDINANCE NO. 1937 AN ORDINANCE AUTHORIZING THE CITY TO AMEND A CERTAIN LEASE AGREEMENT WHEREAS, the City of Riverside, Missouri, a fourth-class city organized and existing under the laws of the State of Missouri (hereinafter referred to as "Landlord"), and Live Nation Entertainment, Inc., a Delaware corporation (hereinafter referred to as "Tenant") (collectively the "Parties") entered into a lease agreement authorized pursuant to Ordinance No. 1884 duly passed and approved by the Board of Aldermen and approved and signed by the Mayor on the 61' day of December, 2022 ("Lease")., and WHEREAS, Section 22.15 of said Lease provided authorization to the Landlord or Tenant to terminate the Lease if certain contingencies were not satisfied by a specified date; and WHEREAS, the Tenant was authorized to provide Notice of termination if certain contingencies were not satisfied by July 1. 2023. WHEREAS, the Landlord was authorized to provide Notice of termination of the Lease if certain contingencies were not satisfied by September 1, 2023. WHEREAS, the Parties wish to extend the date upon which either would be authorized to provide a Notice of termination of the lease to the 1 st day of December, 2023. WHEREAS, the Board of Aldermen find it is in the best interest of the City to authorize such amendment to the Lease. 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 AND APPROVAL OF AMENDMENT TO THE LEASE AUTHORIZED PURSUANT TO ORDINANCE NO. 1884. The Board of Aldermen find it is in the best interest of the City, in order to further the economic development objectives of the City, and further, the Board of Aldermen hereby approve and authorize the execution of An Amendment to the Lease in substantially the same form as that attached hereto and incorporated herein as Exhibit A, between the City and the Tenant. SECTION 2. AUTHORITY GRANTED. The Mayor is hereby authorized and directed to execute the Amendment to the Lease in substantially the same form as that attached hereto as Exhibit A, and the Mayor, City Administrator, Special Counsel to the City - Spencer Fane LLP, and other appropriate officials and employees of the City are hereby authorized and directed to take such further action related thereto as is otherwise necessary or desirable to carry out and comply with the intent of this Ordinance. SECTION 3. EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage and approval. PASSED AND APPROVED: the 2VI day of June, 2023. Kathleen L. Rose, Mayor ATTEST: Robin Kincaid, City Clerk Approved as to form: Spencer Fane LLP, Special Counsel to the City by Joe Bednar 2 System.Object[] EXHIBIT A AMENDMENT TO THE LEASE System.Object[j AMENDMENT TO LEASE AGREEMENT This AMENDEMNT to the LEASE AGREEMENT ("Lease") is made this 27th day of June, 2023 (the "Effective Date"), by and between the City of Riverside, Missouri, a fourth-class city organized and existing under the laws of the State of Missouri (hereinafter referred to as "Landlord"), and Live Nation Entertainment, Inc., a Delaware corporation (hereinafter referred to as "Tenant") (collectively the "Parties"). 1. The Landlord and Tenant entered into a Lease Agreement on the 61 day of December, 2022 as authorized by Ordinance No. 1884 ("Lease"). 2. Section 22.15 of said Lease permitted authorization for the Landlord or Tenant to terminate the Lease if certain contingencies were not satisfied by the specified date. 3. The Tenant was authorized to provide Notice of termination if certain contingencies were not satisfied by July 1, 2023. 4. The Landlord was authorized to provide Notice of termination of the Lease if certain contingencies were not satisfied by September 1, 2023. 5. The Parties wish to extend the date upon which either would be authorized to provide a Notice of termination of the lease to the 1 st day of December, 2023. IN WITNESS WHEREOF, Landlord and Tenant have, with the requisite authority, respectively signed this Amendment to the Lease as of the day and year first above written. LANDLORD: CITY OF RIVERSIDE, MISSOURI By: Mayor Kathleen L. Rose TENANT: LIVE NATION ENTERTAINMENT, INC. Printed Name and Title