HomeMy WebLinkAbout2084 Authorizing Payment of Public Infrastructure Costs Between Riverside and Live Nation INC BILL NO. 2025-046 ORDINANCE NO. 2084
AN ORDINANCE AUTHORIZING AND 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.
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 is to cause the development, design
and construction of the Site Improvements 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 ("Project Costs"); and
WHEREAS, the City has received, as confirmed by the City Administrator and City
Finance Director ("City Staff'), and retained by the 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 of Project Costs" in the amount of One Million, Eight Hundred
Seventy Nine Thousand, One Hundred Seventy Three, and 27/100 Dollars ($1,879,173.27)
("Developer's Certificate") attached hereto as Exhibit A and incorporated herein, along with a
Schedule of Payments/Reimbursements Requested by the Contractor and Subcontractors
("Schedule of Costs") attached hereto as Exhibit B and incorporated herein, representing
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 Developer's Certificate 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; 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 Developer's Certificate and disburse the State
Funds and/or City Funds requested thereby to Developer, in the amount requested in the
Developer's Certificate, within thirty (30) days following Developer's submission of the
Developer's Certificate; and
WHEREAS, the City Staff have confirmed such Schedule of Costs as are listed on Exhibit
B and have not disapproved of any of the Project Costs included in the Developer's Certificate on
the basis of not complying with the criteria required by the ARDA and have confirmed said funds
for payment of the Developer's Certificate have been received from the Missouri Development
Finance Board ("Funds"); and
WHEREAS, the City Staff recommends the City to proceed with disbursement in the
amount of the approved Developer's Certificate and recommends said Funds be utilized to satisfy
the Developer's Certificate; 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
Certificate 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. 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 Exhibit A the Developer's Certificate as to the
Projects Costs incurred and listed on Exhibit B and to make such disbursement pursuant to
Section 4.6(b) of the ARDA to the Developer, Live Nation, Inc., in the amount of One Million, Eight
Hundred Seventy Nine Thousand, One Hundred Seventy Three, and 27/100 Dollars
($1,879,173.27). 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 20th day of May 2025.
Kathleen L. Rose, Mayor
ATTEST:
Robin Kincaid, City Clerk
Approved as to form:
Spencer Fane LLP Specia Counsel to the City
by Joe Bednar
2 WA 7751921.1
EXHIBIT A
CERTIFICATE OF PROJECT COSTS
3 WA 7751921.1
EXHIBIT B
Schedule of Payments/Reimbursements Requested by the Contractor and
Subcontractors
4 WA 7751921.1
EXHIBIT
Docusign Envelope ID:599992C4-FC06-4D8E-8561-A802284EA981
EXHIBIT G
[FORM OF]
CERTIFICATE OF PROJECT COSTS
(Riverside Amphitheater Project)
Request No. 2 Date: May 13 ,202 5
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
May 13,202 (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:599992C4-FC06-4DBE-B5B1-A802284EA981
LIVE NATION ENTERTAINMENT,INC.,
a Delaware limited liability company
By:
Name: David Codiga
Title: President
Approved this day of , 20
CITY OF RIVERSIDE, MISSOURI
By:
Name:
Title: City Representative
EXHIBIT B
ATTACHMENT I
Request No. 2
SCHEDULE OF PAYMENTS/REIMBURSEMENTS REQUESTED
Payee Name Amount($) General Description Source(s)of Funds
Live Nation Entertainment, Inc. $1,879,173.27 Public Infrastructure MDFB