HomeMy WebLinkAbout2003-003 - First Amendment to the Cultivation, Pasturage and Driving Range Lease with R. and L. GiesekeBILL NO. 2003-03 ORDINANCE NO. 2003-03
AN ORDINANCE APPROVING THE FIRST AMF,NDMENT TO THE CULTIVATION,
PASTURAGE AND DRIVING RANGE LEASE BETWEEN
THE CITY AND ROBERT W. AND I,ILLIE MARIE GIESEKF,
WHEREAS, the City and Robert W. and Marie Gieseke ("Lessees") entered into the
Cultivation, Pasturage and Driving Range Lease ("Lease");
WHEREAS, a portion of the Premises under the Lease was transferred to the Riverside
Quindaro Bend Levee District of Platte County, Missouri ("Levee District") for the Levee
Project;
WHEREAS, a portion of the remaining Premises is subject to a flood protection levee
easement in favor of the Levee District ("FPLE Property");
WHEREAS, it is necessary to amend the Lease to remove from the definition of
"Premises" the property transferred to the Levee District as well as the FPLE Property and to
reduce the Rent accordingly; and
WHEREAS, it is desirable to allow Lessees the option of adding the FPLE Property as
"Premises."
BE IT ORDAINED BY THE BOARD OF ALDERMEN FOR THE CITY OF
RIVERSIDE, MISSOURI AS FOLLOWS:
SECTION I. The execution and delivery of the First Amendment to the Cultivation,
Pasturage and Driving Range Lease between the City and Robert W. and Marie Gicsekc, in
substantially the form attached as Exhibit A with such changes, additions and deletions as may
be approved by the officer executing such document, such execution being conclusive proof of
such approval, the performance of City obligations under the Lease and the executions and
delivery of all documents and the performance of all actions related thereto, are approved. The
Mayor, City Clerk, City Administator and the City Attorney arc authorized to take such actions
as are necessary or desirable to effectuate the intent of this Ordinance.
SECT[ON 2. This Ordinance shall be in full force and effect from and after its passage
and approval.
PASSED AND APPROVED THIS ~~ AY OF JANUARY 2003.
ATTEST:
City Clerk ''~
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Mayor
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FIRST AMENDMENT TO
CULTIVATION, PASTURAGE AND DRIVING RANGE LEASF,
THIS FIRST AMENDMENT is entered into as of January _, 2003, among The City of
Riverside, Missouri ("City") and Robert W. & Lillie Marie Gieseke ("Lessee").
A. The City and Lessee entered into the Cultivation, Pasturage and Driving Range Lease dated July
1,2001 ("Lease").~
B. A portion of the Premises under the Lease was transferred to the Riverside Quindaro Bend Levee
District of Platte County, Missouri ("Levee District") for the Levee Project ("Levee District
Property").
C. A portion of the remaining Premises is subject to a flood protection levee easement in favor of the
Levee District ("FPLE Property").
D. It is necessary to amend the Lease to remove from the definition of "Premises" the property
transferred to the Levee District as well as the FPLE Property and to reduce the Rent accordingly.
E. It is desirable to allow Lessee the option of adding the FPLE Property as "Premises."
NOW THEREFORE, the City and Lessee for and in consideration of the mutual promises
herein contained, AGREE AS FOLLOWS:
AMENDMENT TO PREMISES. Section 1(a) of the Lease and Exhibit A to the Lease
are amended to remove from the definition and description thereof, the Levee District
Property and the FPLE Property resulting in the Premises remaining being approximately
442 to 445.6 acres.
2. AMENDMENT TO RENT. Section 1(e) of the Lease is amended to reduce the Rent
from $29,450 per year to $22,280 per year.
3. 2002 RENT PAYMENT. The Rent due under the Lease, as amended hereby, i•or the
calendar year 2002 is $22,280. After subtracting the July 2002 payment of $17,725, the
remaining payment is $7,555.
4. OPTION ON FPLE PROPERTY. Lessee is granted an option to add the FPLE
Property to the Premises for an additional rental of $50 per acre ("FPLE Rent"), all
pursuant to the terms and conditions of the Lease, as amended. Lessee may exercise this
option by providing prior written notice to the City of Lessee's intent to farm the FPLE
Property. Such notice shall include the number of acres in the FPLE Property and the
total FPLE Rent. The FPLE Rent shall be considered Rent under the Lease and shall be
paid to the City in the same manner and at the same times as the Rent.
5. FULL FORCE AND EFFECT. The Lease, as amended by this First Amendment, shall
remain in full force and effect.
~ Terms used in this First Amendment but not defined herein shall have the meaning ascribed to
such terms in the Lease.
IN WITNESS WHEREOF, this First Amendment is fully executed the day and year first above
wntten.
"CITY"
CITY OF RIVERSIDE, MISSOURI
"LESSEE"
ROBERT W. & LILLIE MARIE GIESEKE
By: ~_~~ `~~c!
Betty Bur h, Mayor
Attest
City Clerk
STATE OF MISSOURI )
SS.
COUNTY OF PLATTE )
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Robert W. Gieseke
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Lillie Marie Gieseke
Federal Tax ID#
I certify that I know or have satisfactory evidence that Betty Burch signed this instrument and
acknowledged it as the Mayor of The City of Riverside, Missouri to be the free and voluntary act of such
party for the uses and purposes mentioned in the instrument. '~
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DATE: ~
~'4NDV NOTARY BLIC ~~ ~,~~,
Notary PUbIiC - Notary Seal ~ v
StateotMissouri My Commis on Expires:
Platte County
My Commission Expires Dec. 21.2005
STATE O )
SS.
COUNTY OF PLATTE )
I certify that I know or have satisfactory evidence that Robert W. Gieseke and Lillie Marie Gieseke
signed this instrument and acknowledged it to be their free and voluntary act for the uses and purposes
mentioned in the instrument. ~ ~-.
DATE: ~///N,/,/~I/S/./ ZZ, .2D~
LOUISE F. RUSICK
Notary Public -Notary Seal
State of Missouri
Platte County
My Commission Expires Aug. 28, 2005
ARY PUBLIC
y Commission Expires:
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