HomeMy WebLinkAbout2112 Approving Payment of Public Infrastructure Costs with Live Nation Inc. Riverside Horizons LLCBILL NO. 2025-074 ORDINANCE NO. d, \ \d\
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 Exhibits I and G and known as
the "Schedule of Payments/Reimbursements Requested" and the "Certificate(s) of Project Costs
respectfully and attached hereto as Exhibit A-_ and incorporated herein, in the amount of Two
million, nine hundred seventy-three thousand, three hundred forty and 27/100 dollars
($2,973,340.27). The Developer submitted to City Staff the required 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 77 51921.J
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 Two
million, nine hundred seventy-three thousand, three hundred forty and 27/100 dollars
($2,973,340.27). Said Developer Request is hereby approved.
SECTION 2. AUTHORITY GRANTED. The City hereby authorizes the Mayor, the City
Administrator, the Finance Director, Special Counsel to the City and other appropriate City
officials to pay the Developer's Request and to take any and all actions as may be deemed
necessary or convenient to carry out and comply with the intent of this Ordinance and to execute
and deliver for and on behalf of the City all certificates, instruments, agreements and other
documents, as may be necessary or convenient to perform all matters herein authorized.
SECTION 3. EFFECTIVE DATE. This Ordinance shall be in full force and effect from and
after its passage and approval.
BE IT REMEMBERED that the above was read two times by heading only, PASSED AND
APPROVED by a majority of the Board of Aldermen and APPROVED by the Mayor of the City of
Riverside, Missouri, this 23rd day of September, 2025.
ATTEST:
2
Approved as to form: ~--
S r;k nce't-,f ane LLP
Sp eciaf'C'ounsel to the City
by Joe Bednar
WA 7751921.1
EXHIBIT A
CERTIFICATE(S) OF PROJECT COSTS
3 WA 7751921.1
ATTACHMENT I
Request No.
SCHEDULE OF PAYMENTS/REIMBURSEMENTS REQUESTED
Payee Name Amount($) General Description Source(s) of Funds
Docusi!'Jn En'lelope ID: 8BEDB19B-73F6-44B4-9316-E8DAD6597168
EXHIBITG
[FORM OF]
CERTIFICATE OF PROJECT COSTS
(Riverside Amphitheater Project)
Request No. __ 3 __
Governing Body of the City of Riverside, Missouri
Date: Sept 10 202_§_ ---
Pursuant to that certain Amended and Restated Development Agreement between the City
of Riverside, Missouri ("City") and Live Nation Entertainment, Inc. ("Developer"), dated
Se pt 10, 2024 (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.
Docus ►!Jn Envelope ID: 8BEDB19B-73F6-44B4-9316-E8DAD6597168
LIVE NATION ENTERTAINMENT, INC.,
a Delaware limited liability company
By: OtUiJ, (pJ.i,,,
Name: David Codi ga
Title: President
Approved this ~~ay of ~\)e.(, 20 ~
CITY OF RIVERSIDE, MISSOU
By:
Name:_..<...>,;.:;=-..,'---<J._="-'"""----"CC..:.......C....J...te:;"""'->,,-""'-
Title: City Representative
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