HomeMy WebLinkAbout2064 Approving Payment of Public Infrastructure Costs per Terms of Amended and Restated Development Agreement with Live Nation BILL NO. 2025-021 ORDINANCE NO. 2064
AN ORDINANCE APPROVING THE PAYMENT OF PUBLIC INFRASTRUCTURE COSTS IN
ACCORDANCE WITH THE TERMS OF THE AMENDED AND RESTATED DEVELOPMENT
AGREEMENT PREVIOUSLY ENTERED INTO BY AND BETWEEN THE CITY OF RIVERSIDE
MISSOURI AND LIVE NATION Inc. RIVERSIDE HORIZONS, LLC
WHEREAS, the City of Riverside, Missouri, a fourth-class city (the "City") organized and
existing under the laws of the State of Missouri ("State"), and Live Nation Inc., a Delaware
corporation ("Developer") entered into that certain Amended and Restated Development
Agreement dated as of October 3, 2024, ("ARDA"); and
WHEREAS, by the terms of said ARDA the Developer to cause the development design
and construction of the "Parking Areas" Utilities" Site Improvements and Roadways as defined in
the ARDA as the "Public Infrastructure" portion of the ARDA ("Public infrastructure"); and
WHEREAS. Section 4.6(b) of the ARDA provides for the disbursement of State and City
Funds for the payment and/or reimbursement of the costs incurred by the Developer for the design
and construction of the Public Infrastructure; and
WHEREAS, the City has received, as confirmed by the City Administrator and City
Finance Director ("City Staff"), a request to receive reimbursement from State Funds and/or City
Funds in a form that complies with the form required by the ARDA and known as the "Certificate(s)
of Project Costs attached hereto as Exhibit A and incorporated herein, in the amount of Nine
Million Six Hundred Sixty-Six Thousand Eight Hundred Fifty Six and 39/100 Dollars
($9,666,856.39) along with reasonable supporting documentation such as copies of bills, invoices,
pay applications, contracts, receipts, check stubs, wire confirmations, lien waivers or such other
documentation to confirm that the Project Costs relating to the reimbursement request constitute
Project Costs which are payable and/or reimbursable under this Agreement from the source(s) of
funds requested to pay or reimburse the same ("Developer Request") and City Staff have so
confirmed such Project Costs; and
WHEREAS. the City has ten (10) business days following receipt of any Certificate of
Project Costs to review the same to confirm that the costs included therein constitute Project
Costs payable and/or reimbursable from the requested source of funds in accordance with the
ARDA, in which case the City shall approve the Certificate of Project Costs and disburse the State
Funds and/or City Funds requested thereby to Developer, in the amount requested in the
Certificate of Project Costs, within thirty (30) days following Developer's submission of the
Certificate of Project Costs; and
WHEREAS, the City Staff has not disapproved any of costs included in the Certificate of
Project Costs on the basis of not complying with the criteria required by the ARDA; and
WHEREAS, the City Staff confirms said funds for payment of the Developer Request have
been received from the State of Missouri's Missouri Development Finance Board; and
WHEREAS, the City Staff recommends the City to proceed with disbursement in the
amount of the approved Project Costs listed on such Certificate(s) of Project and recommends
said funds be utilized to satisfy the Developer's Request; and.
WA 7751921.1
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, and the terms and
conditions of the ARDA, 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 payment of the Developer's
Request pursuant to Section 4.6(b) of the ARDA.
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 AND PAY REQUEST
FOR DISBURSEMENT. The Recitals above are hereby incorporated into this Lease as if fully
set forth in this Section 1 It is in the best interests of the City in order to further the objectives of
industrial and economic development of the City, and to satisfy the terms and conditions of the
ARDA, 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 Developer's Request for disbursement
pursuant to Section 4.6(b) of the ARDA to the Developer, Live Nation, Inc., in the amount of in
the amount of Nine Million Six Hundred Sixty-Six Thousand Eight Hundred Fifty Six and 39/100
Dollars ($9,666,856.39) Said Developer Request is hereby approved.
SECTION 2. AUTHORITY GRANTED. The City hereby authorizes the Mayor, the City
Administrator, the Finance Director, Special Counsel to the City and other appropriate City
officials to pay the Developer's Request and 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 18th day of March, 2025.
/s/ Kathleen L. Rose
Kathleen L. Rose, Mayor
ATTEST:
/s/ Robin Kincaid
Robin Kincaid, City Clerk
Approved as to form:
/s/ Joe Bednar
Spencer Fane LLP
Special Counsel to the City
by Joe Bednar
2 WA 7751921.1
EXHIBIT A
CERTIFICATE(S) OF PROJECT COSTS
3 WA 7751921.1
EXHIBIT A
FORM OF DISBURSEMENT REQUEST
Disbursement Request No. 1
To: Missouri Development Finance Board
221 Bolivar Street, Suite 300
Jefferson City,Missouri 65201
Attention: Compliance Officer
Telephone No.(573) 751-8479
E-mail: Cheryl.kerr.mdfb@ded.mo.gov
Re: City of Riverside—Disbursement Request for Amphitheater Project
You are hereby requested pursuant to Article 4 of the Funding Agreement dated as of October 14,
2024, (the "Agreement"), to transfer to the City of Riverside, Missouri (the"City") to permit it to issue
checks to or otherwise pay the following named payee(s)to provide for the payment of the following Project
costs:
Description
Payee/Address/Tax ID No. Amount of Project Costs
City of Riverside $9,666,856.39 Public infrastructure for
2950 NW Vivion Road Riverside Amphitheater project
Riverside. Missouri 64150 as detailed on the attached
Tax ID No. 44-6005$67 payment applications/invoices
The undersigned hereby states and certifies that:
1. Each item listed above is a proper Project cost. Attached hereto are invoices,statements,
bills or other documents evidencing the fact that such payment is due.
2. These Project costs have been incurred and are presently due and payable in connection
with the Project and are eligible for payment in accordance with the requirements of the Agreement.
3. No item listed above has previously been included in any other Disbursement Request
previously approved by the Board under the provisions of the Agreement.
4. All necessary permits and approvals required for the portion of the work on the Project for
which this withdrawal is to be made have been issued and are in full force and effect.
5. The payment of this Disbursement Request is in compliance with all of the restrictions
contained in the Agreement.
A-I
CITY OF RIVERSIDE,MISSOURI
By:
/s/ Kathy Rose 2/7/2025
Kathy Rose Date signed
Approved for Payment on , 20_:
MISSOURI DEVELOPMENT FINANCE BOARD
By:
Title:
A-I
Public Funding Monthly Invoicing - Work Progress Descriptions
Jun-24
A ITEM NO.
B DESCRIPTION OF WORK
C ORIGINAL SCHEDULE OF VALUES
CHANGE ORDERS
TOTAL CONTRACT VALUE
D E WORK COMPLETED PREVIOUS AMOUNTS THIS PERIOD
F MATERIALS PRESENTLY STORED (NOT IN D OR E)
G TOTAL COMPLETED AND STORED TO DATE (D+E+F) % (G/C)
H BALANCE TO FINISH (C-G)
I RETAINAGE
LNKC Amphitheater - Phase 2
1 Earthwork $3,891,001 $0.00 $3,891,001.00 $0.00 $0.00 $0.00 $0.00 0% $3,891,001.00 $0.00
2 Ground Improvements $1,530,160 $0.00 $1,530,160.00 $0.00 $0.00 $0.00 $0.00 0% $1,530,160.00 $0.00
3 Site Utilities - Storm, Sanitary, Water $2,943,227 $0.00 $2,943,227.00 $0.00 $0.00 $0.00 $0.00 0% $2,943,227.00 $0.00
4 Site Utilities - Electric $1,530,651 $0.00 $1,530,651.00 $0.00 $0.00 $0.00 $0.00 0% $1,530,651.00 $0.00
5 Concrete Paving & Curbs $4,031,233 $0.00 $4,031,233.00 $0.00 $0.00 $0.00 $0.00 0% $4,031,233.00 $0.00
6 Asphalt Paving $6,164,130 $0.00 $6,164,130.00 $0.00 $0.00 $0.00 $0.00 0% $6,164,130.00 $0.00
7 Landscaping & Irrigation $2,070,424 $0.00 $2,070,424.00 $0.00 $0.00 $0.00 $0.00 0% $2,070,424.00 $0.00
8 General Conditions $2,524,377 $0.00 $2,524,377 $0.00 $82,317.00 $0.00 $82,317.00 0% $2,442,060.00 $8,231.70
9 Allowances $1,916,080 $0.00 $1,916,080.00 $0.00 $0.00 $0.00 $0.00 0% $1,916.080.00 $0.00
10 Insurance (1.25%) $322,516 $0.00 $332,516.00 $0.00 $1,028.96 $0.00 $1,028.96 0% $331,487.04.00 $102.90
11 Overhead (4.00%) $1,064,051 $0.00 $1,064,051 $0.00 $3,333.84 $0.00 $3,333.84 0% $1,060,717.16.00 $333.38
12 Profit (5.00%) $1,383,267 $0.00 $1,383,267.00 $0.00 $4,333.99 $0.00 $4,333.99 0% $1,378,911.01 $433.40
$29,381,117 $0.00 $29,381,117.00 $0.00 $91,013.79 $0.00 $91,013.79 $0.00 $91,013.79 0% $29,290,103.21 $9,101.38
Description of Work: Preconstruction services; includes General Contractor Project Manager time and soft costs associated with jobsite mobilization by General Contractor
Jul-24
A ITEM NO.
B DESCRIPTION OF WORK
C ORIGINAL SCHEDULE OF VALUES
CHANGE ORDERS
TOTAL CONTRACT VALUE
D E WORK COMPLETED PREVIOUS AMOUNTS THIS PERIOD
F MATERIALS PRESENTLY STORED (NOT IN D OR E)
G TOTAL COMPLETED AND STORED TO DATE (D+E+F) % (G/C)
H BALANCE TO FINISH (C-G)
I RETAINAGE
LNKC Amphitheater - Phase 2
1 Earthwork $3,891,001 $0.00 $3,891,001.00 $0.00 $843,429.18 $0.00 $843,439.18 22% $3,047,561.82 $84,343.92
2 Ground Improvements $1,530,160 $0.00 $1,530,160.00 $0.00 $0.00 $0.00 $0.00 0% $1,530,160.00 $0.00
3 Site Utilities - Storm, Sanitary, Water $2,943,227 $0.00 $2,943,227.00 $0.00 $0.00 $0.00 $0.00 0% $2,943,227.00 $0.00
4 Site Utilities - Electric $1,530,651 $0.00 $1,530,651.00 $0.00 $0.00 $0.00 $0.00 0% $1,530,651.00 $0.00
5 Concrete Paving & Curbs $4,031,233 $0.00 $4,031,233.00 $0.00 $0.00 $0.00 $0.00 0% $4,031,233.00 $0.00
6 Asphalt Paving $6,164,130 $0.00 $6,164,130.00 $0.00 $0.00 $0.00 $0.00 0% $6,164,130.00 $0.00
7 Landscaping & Irrigation $2,070,424 $0.00 $2,070,424.00 $0.00 $0.00 $0.00 $0.00 0% $2,070,424.00 $0.00
8 General Conditions $2,524,377 $0.00 $2,524,377.00 $82,317.00 $82,317.00 $0.00 $164,634.00 7% $2,359,743.00 $16,463.40
9 Allowances $1,916,080 $0.00 $1,916,080.00 $0.00 $0.00 $0.00 $0.00 0% $1,916.080.00 $0.00
10 Insurance (1.25%) $322,516 $0.00 $332,516.00 $332,516.00 $1,028.96 $11,571.95 $0.00 $12,600.91 4% $319,915.09 $1,260.09
11 Overhead (4.00%) $1,064,051 $0.00 $1,064,051 $3,333.84 $37,493.13 $0.00 $40,826.96 4% $1,023,224.04 $4,082.70
12 Profit (5.00%) $1,383,267 $0.00 $1,383,267.00 $4,333.99 $48,741.06 $0.00 $53,075.05 4% $1,330,191.95 $5,307.51
$29,381,117 $0.00 $29,381,117.00 $91,013.79 $1,023,562.32 $0.00 $1,114,576.11 4% $28,266,540.89 $111,457.61
Description of Work: Earthwork contractor mobilization fees. Earthwork Phase 1 cuts/fills for mass grading of site (reference attached exhibit, installation of all SWPPP/erosion control measures
General Contractor management and supervision fees; project soft costs
Aug-24
A ITEM NO.
B DESCRIPTION OF WORK
C ORIGINAL SCHEDULE OF VALUES
CHANGE ORDERS
TOTAL CONTRACT VALUE
D E WORK COMPLETED PREVIOUS AMOUNTS THIS PERIOD
F MATERIALS PRESENTLY STORED (NOT IN D OR E)
G TOTAL COMPLETED AND STORED TO DATE (D+E+F) % (G/C)
H BALANCE TO FINISH (C-G)
I RETAINAGE
LNKC Amphitheater - Phase 2
1 Earthwork $3,891,001 $0.00 $3,891,001.00 $843,349.18 $723,628.15 $0.00 $1,567,067.33 40% $2,323,933.67 $156,706.73
2 Ground Improvements $1,530,160 $0.00 $1,530,160.00 $0.00 $65,000.00 $0.00 $65,000.00 4% $1,465,160.00 $6,500.00
3 Site Utilities - Storm, Sanitary, Water $2,943,227 $0.00 $2,943,227.00 $0.00 $247,178.20 $0.00 $247,178.20 8% $2,696,048.80 $24,717.82
4 Site Utilities - Electric $1,530,651 $0.00 $1,530,651.00 $0.00 $0.00 $0.00 $0.00 0% $1,530,651.00 $0.00
5 Concrete Paving & Curbs $4,031,233 $0.00 $4,031,233.00 $0.00 $0.00 $0.00 $0.00 0% $4,031,233.00 $0.00
6 Asphalt Paving $6,164,130 $0.00 $6,164,130.00 $0.00 $0.00 $0.00 $0.00 0% $6,164,130.00 $0.00
7 Landscaping & Irrigation $2,070,424 $0.00 $2,070,424.00 $0.00 $0.00 $0.00 $0.00 0% $2,070,424.00 $0.00
8 General Conditions $2,524,377 $0.00 $2,524,377.00 $164,634.00 $96,077.78 $0.00 $260,711.78 10% $2,263,655.22 $26,071.18
9 Allowances $1,916,080 $0.00 $1,916,080.00 $0.00 $16,753.29 $0.00 $16,753.29 1% $1,899,326.71 $1,675.33
10 Insurance (1.25%) $322,516 $0.00 $332,516.00 $332,516.00 $12,600.91 $14,357.97 $0.00 $26,958.88 8% $305,557.17 $2,695.89
11 Overhead (4.00%) $1,064,051 $0.00 $1,064,051 $40,826.97 $45,519.82 $0.00 $87,346.79 8% $976,704.21 $8,734.68
12 Profit (5.00%) $1,383,267 $0.00 $1,383,267.00 $53,075.05 $60,475.76 $0.00 $113,550.81 8% $1,269,716.19 $11,355.08
$29,381,117 $0.00 $29,381,117.00 $1,114,576.11 $1,269,990.96 $0.00 $2,384,567.07 8% $26,996,549.93 $238,456.71
Description of Work:
Cuts/fills at Earthwork phases 2, 3 & 4 (see attached Exhibit) for mass grading of site; installation of filter fabric and aggregate for temporary rock construction road
Engineering and preconstruction services for design-build auger cast piles; rebar procurement and delivery of material
Utilities contractor mobilization fees, installation of sanitary sewer main (Sequence 1 & 2, per attached exhibit)
General contractor management and supervision fees; project soft costs
Earthwork overtime costs for schedule acceleration due to ideal site conditions
MISCIMSDINtion SalyearS, magi. General Contractor Pre,. Manager time and sed costa enema. nth jobefte moloduaten by General Core, actof
17210rd/6on
t Tot,_.orl.
EarthWork contractor main... E•Dtweark Phase I cuts.. mass wading of sae f Weronce attached whihd, Install:Won of all SWOOP/era son control measures.
General Conlrector menagement and sup.oren s. cos%
9026033
GAN* at Earthwork phases 2. 3. L 4 ,••• attached E.t.a) lot masa pad, et rte. ins011eMan al filter fabric and aggregate for temporary rock consDuctTon road
Engineenng •nd preconatructeon emcees lor design-buil auger ont p.a. mbar procurement a. del., el neatens!
Uthlies [entree. mobizaton fees, n oluntao ..r rnam (Sequenc• 1 6 2. per athched 0.60
General Ca.actor management and supeorsron fees prop.. soft co.
Earthwark overtime costs br schedule acceletabon due Da ideal site conditions
S1 24
0.24
Nw.34
A
8
C
0 1 E
F
G
H
1
ITEM
OFSCHmw cm weR4
h
WORN CO o,t rtu
E.
BALANCE
RETHNACE
No
d111WL
0.60101.11OP
81.10E
TOTAL r
PREM.
PRESENTER
STORED
COMPLETED
ASO STORED
Ic`cl
It • 01
481I13
0.0.1
VALUE
810.1E
OMB MOOD
(NOT IA
00Nei
TO TE
(o•w' l
1
2
Eadbwdr
Ground 9779444em.77.
53 m10o1
11530160
$0E
50.00
308614.14.
31530.160.00
3156767.33
565.000.00
SRa576.45
3660,360.00
30.E
30.00
32.2916.3.2E
1725.36000
59%
47%
31599.357.22
3604600.00
5329.164,36
373.536,E
3
Sat 0864.• Shim. 5659817. Wale
139.3,237
3000
32943,227.
5247,178.20
9.3503225
1000
31.1722E.5
40%
31,771036.55
S117.22005
5
514 Mhos •Eb6trb
Concrete Penh A CUM
$1.530.651
54.E1233
1000
3000
11,530.6510
S4,031,33300
3000
30.E
10.00
30.E
S0.00
30.E
1000
$000
Der
0%
11,530.651.00
64, 31,23300
1000
30.E
6
2
Asphalt 7u.
Land... a IRV.bon
56.184.1E
$2070.424
3000
30.E
36,164.130.00
12.070.424.E
30.E
50.E
30.00
5000
$000
50.00
$000
10.E
014
84
36.164,130.00
S2070.424.00
30.E
50.E
8
Cenral Conditions
32524.377
$000
12,524,377E
3260.711.7E
365.000.00
1000
3355711.78
14%
S2,18668522
13557116
9
Abeecu
51916.000
3000
31.0 8060.00
116.753.29
$25423.55
30.E
14217864
3%
31123.903.16
34211E
10
11
Insurance (1.35%)
Overha.I...l)
6332,516
31804,051
5000
10130
3332516.80
11,064201.03
336,956.8
167346.79
530370.78
196.430.46
50.E
10.E
557.33886
5185,77727
17%
17%
S275.177.34
1e78.27371
35.733.07
31057373
12
Pror6(500%)
51363267
30.00
31.353,267.00
3113553e1
1127950.63
50.E
1341510.
17%
31141 756.6
12415104
129391,117.E
50.
339.361.117.0
52364567.0712667.153.13
50.00
55.071 71921
17%
624,30.397.8
$507 171 82
A'
8
C
0 I E
P
G
R
I
trWORK
OESCRPwOF
WORK COMPLETED
w RE2AI0E
. .
PRESENTLY,
ccerttE180
Icncl
vASUm
04eea6
TOTAL CONTRACT
uhue
1140.K600
5,20E0
(NOT IA
A. STOIEED
TO
It • 01
R6118496
AYAHeI
0 ORE)
10• w
EEarthwork1
2
Earthwork
Ground bap6w7.7.06
$3691001
31530.180
30.00
300
$369100100
31.530,16083
S3.231543.78
5735,36003
5547.562,27
10.E
50.00
5000
32.836.20605
573536083
73%
47%
$1051.784.85
3804.800.00
$283.92061
57253900
3
4
Sae LAibas• 6han.Sa710y,WlSr
SOY 11041. - E1.uc
32943.227
51530851
$04.
3000
62,343,227.00
31.530.651.00
51172.200.45
S0.03
520,972.E
3500E-0D
30.E
$04.
$1,409.17335
15000048
as%
3%
31534.05365
31,460851.00
514091734
55.000013
5
Correa Pavng 6 Curbs
$461233
$000
64.03123300
30.E
33..394.50
30.00
9240.264.50
616
33,782938.50
124,629.45
6
7
0s764. Paving
Lardaospryalrryabon
36,164.130
$2,070,424
1000
$04.
16,164,130.00
13.070424.E
30,E
10.E
3222.641,94
10.E
$0.00
30.00
1222,541.94
30.E
4%
0%
351141298.0E
32070424.E
932264.19
10.E
6
9
Gsnrsl Cemmns
00679a4...
32.524,377
31919060
3000
304.
32,524377E
31.01600000
3355,711.70
H2.176.84
3110.000.00
12,133.54
30.00
50.E
$465.711.78
344.31038
18%
2%
32,058665.22
5167126.63
3465711E
5013161
10
11u47444e(125%)
$332.516
$000
3332516.E
357.336.6
317.222.56
50.E
37506122
23%
3257454.2E
17506.12
11
12
Ow9.a4(4.03%1
Prole (5.0%0794*1, 3.50% Change
11.0.,51
31303267
1000
3000
51.64.05100
51363.26700
$185.777.27
1341510.44
157.431.11
S52.253.21
50.00
3000
3243.19036
3293.763.64
23%
21%
3823652.62
11,69503,36
324.31994
$3037036
123361111E
$000
9294.1.117E
15071 710.20
$1 545202.03
30.E
3661892123
23%
523.764.105.77
161 802.12
A
8
C
0 ( E
F
C
M
I
ITEM
DESCRIPTION OF WORE
*ORA COMPLETED
ELMIRA.
TOTAL
•
BALANCE
RETAITMOE
No
MOO.
SCNEPUtE6
r r
AMOK
PRESENTLY
COMPLETED
I01c1
( ncIN
VALUES
ORDERS
4ALLA
AY03a31
I111a.ER4ODINOT
IA
D o RFt
TO DATE
10E• •F)
1
Ea...
33.801 001
3996 154,33
N687.15532.830.206.05 32
5302911.03
30.E
13.142117.07
64%
St 71503625
5314211.71
2
Ge.MImpr44eme.Y
31530/60
37644600
1745.7604.
1725.36000
$eal
1000
3735.3608)
97%
S20.400.03
122.56E
3
4
6Y 11030es- 50177. 1a7ss77. Water
Set tJbw. - Facto
12943.227
11.533.851
S769033.11
4163600
33.712.2.0.11
314.1365E
31400.173.35
350.000.E
356,99245
30.E
3000
30.E
S1,015.16550
$50,0600
52%
4%
11,79706431
31311265.00
51915195E
15000110
5
Concrete Pinup it Curbs
14031,233
464282830
$3,160.403.70
3346.294.50
3000
30,E
$246,294,50
8%
53,940.16.E
33462945
6
0s70.. Paving
16.164,130
1401,51550
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ATTACHMENT I
Request No. 1
SCHEDULE OF PAYMENTS/REIMBURSEMENTS REQUESTED
Payee Name Amount($) General Description Source(s)of Funds
Live Nation Entertainment, Inc. $9,666,856.39 Public Infrastructure MDFB
Docusign Envelope ID 627B69A6-5CC7-49A0-91 D2-F931 B03A3CA2
EXHIBIT G
[FORM OF]
CERTIFICATE OF PROJECT COSTS 1
(Riverside Amphitheater Project)
Request No. 1 Date: 03 03, 2025
Governing Body of the City of Riverside, Missouri
Pursuant to that certain Amended and Restated Development Agreement between the City
of Riverside, Missouri ("City") and Live Nation Entertainment, Inc. ("Developer"), dated
March 03 2025 (the "Agreement"), Developer requests payment or reimbursement of Project
Costs(as defined in the Agreement)and hereby states as follows:
1. The date and number of this request are as set forth above.
2. All terms used and not otherwise defined in this request shall have the
meanings as provided in the Agreement.
3. The following information, as applicable to this request, is as set forth on
Attachment I hereto:
(a) The names of the person(s), firm(s), corporation(s) and/or other entity or
entities to whom payment has been made for which reimbursement is
requested, or is due and proposed to be paid,hereby;
(b) The amount so paid or to be paid hereby;
(c) A general description of the cost(s) so paid or to be paid hereby;and
(d) The source(s) of funds (e.g., State Funds and/or City Funds) from which
such reimbursement or payment is requested.
4. The costs identified on Attachment I (a) have been incurred and paid, or
are presently payable and proposed to be paid hereby, and (b) have not previously been
paid or reimbursed with State Funds or City Funds.
Docusign Envelope ID 627B69A6-5CC7-49A0-91 D2-F931 B03A3CA2
LIVE NATION ENTERTAINMENT,INC.,
a Delaware limited liability company
By: /s/ David Codiga
Name: David Codiga
Title: President
Approved this __ day of __, 20__
(crossed out CITY OF RIVERSIDE,MISSOURI signatures)
Robin Kincaid
From: Bednar, Joe <jbednar@spencerfane.com>
Sent: Monday, March 3, 2025 3:33 PM
To: Brian Koral
Cc: Erika Benitez; Robin Kincaid; Kathy Rose; Mike Duffy
Subject: RE: MDFB Disbursement to LiveNation
***This is an EXTERNAL email. Please exercise caution. DO NOT open attachments or click links from
unknown senders or in an unexpected email. ***
Brian,
Section 4.6(b) states:
(a) Disbursement. All requests to draw or receive reimbursement from State Funds and/or City Funds will be
made in a "Certificate of Project Costs" in substantially the form attached hereto as Exhibit G along
with reasonable supporting documentation (such as copies of bills, invoices, pay applications, contracts,
receipts, check stubs, wire confirmations, lien waivers or such other documentation to confirm that the
Project Costs relating to the draw or reimbursement request constitute Project Costs which are payable
and/or reimbursable under this Agreement from the source(s) of funds requested to pay or reimburse the
same). The City shall have ten (10) business days following receipt of any Certificate of Project Costs to
review the same to confirm that the costs included therein constitute Project Costs payable and/or
reimbursable from the requested source of funds in accordance with this Agreement, in which case the
City shall approve the Certificate of Project Costs and disburse the State Funds and/or City Funds
requested thereby to Developer, in the amount requested in the Certificate of Project Costs, within thirty
(30) days following Developer's submission of the Certificate of Project Costs. If the City reasonably
disapproves all or a portion of a Certificate of Project Costs on the basis of not complying with the criteria
in this subsection, the City shall notify the Developer in writing of the specific reason for such disapproval
within five (5) days following its initial receipt of the Certificate of Project Costs, and the Parties shall use
their best efforts, time being of the essence, to work together to try to resolve any specific disapproved
Project Cost impediment to approval. For any Certificate of Project Costs that has been only partially
disapproved, the City shall proceed with disbursement in the amount of the approved Project Costs listed
on such Certificate of Project Costs shall proceed to payment as described above.
It does not appear any supporting documentation to Exhibit G has been provided.
I would recommend that we request the supporting documentation forwarding the language to Louise above as the basis
for the request. I would withhold payment until that has been provided and verified by appropriate City Staff.
Joe
Joe Bednar Attorney at Law
Spencer Fane LLP
304 East High Street I Jefferson City, MO 65101
O 573.634.8116 C 573.230.8515
jbednarespencerfane.com i spencerfane.com
"For there is always light,
if only we're brave enough to see it.
If only we're brave enough to be it." Amanda Gorman,A Hill to Climb
1
•
From: Brian Koral<bkoral@riversidemo.gov>
Sent: Monday, March 3, 2025 3:23 PM
To: Bednar,Joe <jbednar@spencerfane.com>
Cc: Erika Benitez<ebenitez@riversidemo.gov>; Robin Kincaid <rkincaid@riversidemo.gov>; Kathy Rose
<krose@riversidemo.gov>; Mike Duffy<mduffy@riversidemo.gov>
Subject: [EXTERNAL] RE: MDFB Disbursement to LiveNation
[Warning]This E-mail came from an External sender. Please do not open links or attachments unless you are sure it is
trusted.
Joe —
Mike received these back this afternoon from Louise. He is out for the day so I am forwarding
them on —
BK
Brian Koral
City Administrator
P 816.741.3993 E BKoral@RiversideMO.gov
CITY OF RIVERSIDE, MISSOURI
2950 NW Vivion Road I Riverside, MO 64150 I www.RiversideMO.gov
Upstream from Ordinary.
Stay Connected
www.Facebook.com/RiversideM0
www.RiversideMO.gov
Riverside recycles - please consider the environment before printing this e-mail.
From: Bednar,Joe<jbednar@spencerfane.com>
Sent: Friday, February 28, 2025 12:39 PM
To: Brian Koral <bkoral@riversidemo.gov>
Cc: Erika Benitez<ebenitez@riversidemo.gov>; Robin Kincaid <rkincaid@riversidemo.gov>; Kathy Rose
<krose@riversidemo.gov>; Mike Duffy<mduffy@riversidemo.gov>
Subject: RE: MDFB Disbursement to LiveNation
***This is an EXTERNAL email. Please exercise caution. DO NOT open attachments or click links from
unknown senders or in an unexpected email. ***
Brian,
2
I apologize I thought I had asked about the attached documents and whether they are a part of the Live Nation packet
submitted for reimbursement as I had not received them. I will get an Ordinance to you shortly but we do need the
attached documents completed prior to Board Approval and I apologize for not inquiring earlier about these specific
documents.
Joe
From: Brian Koral<bkoral@riversidemo.gov>
Sent: Friday, February 28,2025 11:37 AM
To: Bednar,Joe<jbednar@spencerfane.com>
Cc: Erika Benitez<ebenitez@riversidemo.gov>; Robin Kincaid <rkincaid@riversidemo.gov>; Kathy Rose
<krose@riversidemo.gov>; Mike Duffy<mduffy@riversidemo.gov>
Subject: [EXTERNAL] RE: MDFB Disbursement to LiveNation
[Warning]This E-mail came from an External sender. Please do not open links or attachments unless you are sure it is
trusted.
Good morning, Joe -
I think Finance and the Clerk are working on packet this morning - did you have an ETA on the
authorization for the disbursement ?
@Mike Duffy
Finance will need info from the LN team on where / how they would like to receive the
reimbursement once approved. ACH information, etc. Erika can help there but that will be what we need
to be able to send funds once the Board has approved the reimbursement.
Thanks all !
BK
Brian Koral
City Administrator
P 816.741.3993 I E BKoral@RiversideMO.gov
CITY OF RIVERSIDE, MISSOURI
2950 NW Vivion Road I Riverside, MO 64150 I www.RiversideMO.gov
Upstream from Ordinary.
Stay Connected
www.Facebook.com/RiversideM0
www.RiversideMO.gov
Riverside recycles - please consider the environment before printing this e-mail.
From: Bednar,Joe<jbednar@spencerfane.com>
Sent:Thursday, February 13, 2025 12:46 PM
To: Brian Koral <bkoral@riversidemo.gov>; Mike Duffy<mduffy@riversidemo.gov>
Cc: Erika Benitez<ebenitez@riversidemo.gov>; Robin Kincaid <rkincaid@riversidemo.gov>; Kathy Rose
3
<krose@riversidemo.gov>
Subject: RE: MDFB Disbursement to LiveNation
***This is an EXTERNAL email. Please exercise caution. DO NOT open attachments or click links from
unknown senders or in an unexpected email. ***
Thanks for the update!
Joe
From: Brian Koral<bkoral@riversidemo.Rov>
Sent:Thursday, February 13, 2025 12:41 PM
To: Mike Duffy<mduffy@riversidemo.gov>
Cc: Bednar,Joe<ibednar@spencerfane.com>; Erika Benitez<ebenitez@riversidemo.gov>; Robin Kincaid
<rkincaid(a@riversidemo.gov>; Kathy Rose<krose@riversidemo.Rov>
Subject: [EXTERNAL] Re: MDFB Disbursement to LiveNation
[Warning]This E-mail came from an External sender. Please do not open links or attachments unless you are sure it is
trusted.
Joe-
Erika has indicated that we will not receive the funds from the state until late next week so this won't need to be on
the agenda until the first meeting in March.
Thank you -
BK
Brian Koral
City of Riverside, Missouri
Upstream from ordinary.
Sent from my iPhone
On Feb 13, 2025, at 11:29 AM, Mike Duffy<mduffy@riversidemo.gov>wrote:
Joe—
4
Attached is the documentation that was provided to MDFB. Brian already sent you the
disbursement request form that we provided to MDFB.
The request covered work completed from June 1,2024 through December 31, 2024(see sheets 1-
3 of 507A). The amount is based on the work completed for the period minus that amount held in
retainage. Those figures are totaled at the bottom of columns G and I on the December invoice on
sheet 3 of the attachment 507A.
Thanks,
Mike
Michael Duffy, AICP
Director of Community Development
City of Riverside
2950 N.W. Vivion Road • Riverside, MO 64150
Phone: (816) 741-3993
Fax: (816) 746-8349
Direct: (816) 451-8179
Cell: (816) 365-3477
From: Bednar,Joe<jbednar@spencerfane.com>
Sent:Thursday, February 13, 2025 11:15 AM
To: Brian Koral <bkoral@riversidemo.gov>
Cc: Erika Benitez<ebenitez@riversidemo.gov>; Robin Kincaid<rkincaid@riversidemo.gov>; Mike Duffy
<mduffy(c-i riversidemo.gov>; Kathy Rose<krose@riversidemo.gov>
Subject: RE: MDFB Disbursement to LiveNation
***This is an EXTERNAL email. Please exercise caution. DO NOT open attachments or
click links from unknown senders or in an unexpected email. ***
Brian,
Thank you. Can you also send me the backup for Exhibit A Disbursement Request No. 1, "Each item
listed above is a proper Project cost. Attached hereto are invoices, statements, bills or other documents
evidencing the fact that such payment is due"?
Thank you.
Joe
From: Brian Koral<bkoral@riversidemo.gov>
Sent:Wednesday, February 12, 2025 2:30 PM
To: Bednar,Joe <jbednar@spencerfane.com>
Cc: Erika Benitez<ebenitez@riversidemo.gov>; Robin Kincaid <rkincaid@riversidemo.gov>; Mike Duffy
<mduffy@riversidemo.gov>; Kathy Rose<krose@riversidemo.gov>
Subject: [EXTERNAL] RE: MDFB Disbursement to LiveNation
5
[Warning]This E-mail came from an External sender. Please do not open links or attachments unless you are
sure it is trusted.
Thanks Joe -
If we don't receive the funds by Friday, we'll hold it until the following meeting since
it hits both as a reso and the bill pay :-)
The exact amount is on the attached -
BK
Brian Koral
City Administrator
P 816.741.3993 I E BKoral@RiversideMO.gov
CITY OF RIVERSIDE, MISSOURI
2950 NW Vivion Road I Riverside, MO 64150 I www.RiversideMO.gov
Upstream from Ordinary.
Stay Connected
www.Facebook.com/RiversideM0
www.RiversideMO.gov
Riverside recycles - please consider the environment before printing this e-mail.
From: Bednar,Joe<jbednar@spencerfane.com>
Sent: Wednesday, February 12, 2025 2:27 PM
To: Brian Koral <bkoral@riversidemo.gov>
Cc: Erika Benitez<ebenitez@riversidemo.gov>; Robin Kincaid <rkincaid@riversidemo.gov>; Mike Duffy
<rndutfy n ersidemo.gov>; Kathy Rose<krose@riversidemo.gov>
Subject: RE: MDFB Disbursement to LiveNation
***This is an EXTERNAL email. Please exercise caution. DO NOT open attachments or
click links from unknown senders or in an unexpected email. ***
It was not too bad here. I will prepare an Ordinance for Tuesday.
Joe
From: Brian Koral<bkoral@riversidemo.gov>
Sent: Wednesday, February 12, 2025 12:27 PM
To: Bednar,Joe<jbednar@spencerfane.com>
Cc: Erika Benitez<ebenitez@riversidemo.gov>; Robin Kincaid <rkincaid@riversidemo.gov>; Mike Duffy
<_ri i_,ffy Uriversidemo.gov>; Kathy Rose<krose@riversidemo.gov>
Subject: [EXTERNAL] MDFB Disbursement to LiveNation
6
[Warning]This E-mail came from an External sender. Please do not open links or attachments unless you are
sure it is trusted.
Joe -
Hope yall didn't get too much snow in JCity - glad there wasn't ice this time !
I don't believe we have received it yet, but once we receive MDFB disbursement for
the first $9.7M in funds for public infrastructure, did you want to have an ordinance /
resolution authorizing the reimbursement back to LiveNation similar to how NorthPoint MDA
reimbursements were handled ?
Let us know how you'd like to proceed on that - thanks !
BK
Brian Korai
City Administrator
P 816.741.3993 I E BKoral@RiversideMO.gov
CITY OF RIVERSIDE, MISSOURI
2950 NW Vivion Road I Riverside, MO 64150 I www.RiversideMO.gov
Upstream from Ordinary.
Stay Connected
www.Facebook.com/RiversideM0
www.RiversideMO.gov
Riverside recycles - please consider the environment before printing this e-mail.
<507A- Invoices with Descriptions Through Dec 2024.pdf>
7