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HomeMy WebLinkAbout2014 Authorizing and Approving the Termination of that Certain Lease of Real Property by the City to Consilidated Library District No. 3, a/k/a Mid-Continent Public Library, and Authorizing Other Docs and Actions Related Thereto BILL NO. 2024-043 ORDINANCE NO. AN ORDINANCE AUTHORIZING AND APPROVING THE TERMINATION OF THAT CERTAIN LEASE OF REAL PROPERTY BY THE CITY OF RIVERSIDE, MISSOURI TO CONSOLIDATED LIBRARY DISTRICT No. 3, a/k/a MID-CONTINENT PUBLIC LIBRARY, AND AUTHORIZING OTHER DOCUMENTS AND ACTIONS RELATED THERETO WHEREAS, the City of Riverside, Missouri (the "City") owns certain real property, commonly known as 2700 N.W. Vivion Road, Riverside, MO 64150 and leases such real property to Consolidated Library District No. 3, a/k/a Mid-Continent Public Library (the "Library") (the "Property") pursuant to that certain Lease dated July 26, 2022 (the "Lease"); WHEREAS, the City and the Library desire to terminate the Lease pursuant to that certain Agreement for Early Termination of Lease dated July 16, 2024 (the "Termination"); and WHEREAS, the Board of Aldermen find that the Termination fulfills a public purpose and will further the growth of the City, facilitate the development of Riverside, 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, enable the City to direct the development of the Property, and otherwise be in the best interests of the City by furthering the health, safety, and welfare of its residents and taxpayers; and, has authorized termination of the Lease in substantially the same form as Exhibit A attached hereto and incorporated 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 TERMINATION OF THE LEASE WITH THE LIBRARY. It is in the best interest of the City, in order to further the growth of the City, improve the environment of the City, foster increased economic activity within the City, increase employment opportunities within the City, further the objectives of the TIF Plan, further build out the public infrastructure and otherwise is in the best interests of the City by furthering the health, safety, and welfare of its residents and taxpayers, to enter into a Termination of the Lease to give the City full control of the Property on the other terms and conditions contained in the Termination to Lease in substantially the form as attached hereto as Exhibit A ("Termination"). Termination of the Lease is hereby approved. SECTION 2 — AUTHORITY GRANTED. The Mayor is authorized to execute and deliver the Termination in substantially the same form attached hereto as Exhibit A, with such changes therein as approved by the Mayor. 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 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 3— 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 16th day of July, 2024. ) 6dra,e thleen L. Rose, Mayor 4 ATTEST: • Robin Kincaid; City Clerk Approved as to form: •- er Fane LLP, .Special .ounsel to the City • • •- :ednar JeffersonCity 17552033.1 EXHIBIT A FORM OF AGREEMENT FOR EARLY TERMINATION OF LEASE DOCID: DOCPROPERTY DOCXDOCID DMS=(Manage Format=«LIB» «NUM».«VER» JeffersonCity 17552033.1 AGREEMENT FOR EARLY TERMINATION OF LEASE • THIS AGREEMENT made this 16th day of July 2024, by and between CITY OF RIVERSIDE, MISSOURI, a Missouri municipal corporation (City"), and CONSOLIDATED LIBRARY DISTRICT No.3,a/k/a MID-CONTINENT PUBLIC LIBRARY,and/or its assigns("MCPL"). Further to the Lease Agreement between the parties dated the 26th day of July 2022(the"Lease"), with respect to the premises located at 2700 N.W. Vivion Road, Riverside, MO 64150 (the "Premises"); the City and MCPL hereby agree that the Lease be terminated pursuant to the following terms and conditions: 1. MCPL shall vacate the Premises and Lease shall terminate on July 17,2024. 2. MCPL shall return to the Landlord all keys and other means of access for the Premises on the day MCPL vacates the Premises. 3. MCPL shall leave the Premises in the same condition,normal wear and tear excepted,as it was at the beginning of the Lease. IN WITNESS WHEREOF,the parties hereto have executed this Agreement for Early Termination. Consolidated Library District No.3 a/k/a MID-CONTINENT PUBLIC LIBRARY BY: ct NAME: n B.Mason TITLE: Library Director and CEO City of Riverside, Missouri BY: NAME:Kathleen L.Rose TITLE: Mayor AGREEMENT FOR EARLY TERMINATION OF LEASE THIS AGREEMENT made this 16th day of July 2024, by and between CITY OF RIVERSIDE, MISSOURI, a Missouri municipal corporation (City"), and CONSOLIDATED LIBRARY DISTRICT No. 3, a/k/a MID-CONTINENT PUBLIC LIBRARY, and/or its assigns ("MCPL"). Further to the Lease Agreement between the parties dated the 26th day of July 2022 (the"Lease"), with respect to the premises located at 2700 N.W. Vivion Road, Riverside, Mo 64150 (the "Premises"); the City and MCPL hereby agree that the Lease be terminated pursuant to the following terms and conditions: 1. MCPL shall vacate the Premises and Lease shall terminate on July 17, 2024. 2. MCPL shall return to the Landlord all keys and other means of access for the Premises on the day MCPL vacates the Premises. 3. MCPL shall leave the Premises in the same condition,normal wear and tear excepted, as it was at the beginning of the Lease. IN WITNESS WHEREOF,the parties hereto have executed this Agreement for Early Termination. Consolidated Library District No.3 a/k/a MID-CONTINENT PUBLIC LIBRARY BY: NAME:Aaron B. Mason TITLE: Library Director and CEO City of Rive side, Missouri 'r•rJ` 'r',,, ' BY: Ateitle.ei,D756,-,d4......) • ' NAME: athleen L. Rose, Mayor • Cp ; p T Ai I EST: Robin Kincaid, City Clerk