10/25/2022 Resolutions 2022-297R E S O L U T I O N 2022-297
WHEREAS, on February 22, 2022, the Mayor and City Council of the City of
Grand Island, Nebraska previously approved Resolution 2022-51, authorizing the execution of
an Option to Lease Agreement (the Agreement) by and between the City of Grand Island as
Lessor and Grand Island Children's Museum as Lessee; and
WHEREAS, the Agreement grants Lessee an option to lease certain real property
described in Schedule A to the Agreement and requires Lessee to obtain certain funds and
pledges for a Children's Museum on or prior to January l, 2023 in order to exercise its option;
and
WHEREAS, the Agreement further requires Lessee to provide the City with
written notice of its intent to exercise its option on or prior to March 1, 2023; and
WHEREAS, Lessee has requested a one year extension to the deadlines set forth
in the Agreement, and staff have recommended the granting of such extension; and
WHEREAS, the Mayor and City Council desire to grant Lessee the requested
extension in order to provide Lessee with additional time to raise the required funds for the
proposed Children's Museum.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that the form of an amendment to the
Agreement, attached hereto and incorporated herein as Exhibit A, and providing for a one year
extension to the deadlines set forth in Article I, sections 2 and 4 of the Agreement, is hereby
approved.
Adopted by the City Council of the City of Grand Island, Nebraska, October 25, 2022.
�
Roge . Steele, Mayor
Attest:
����� ���
RaNae Edwards, City Clerk
Approved as to Form tt
October 24, 2022 tt City Attorney
I
AMENDMENT TO ARTICLE I. Numbers 1, 2, and 4
OPTION TO LEASE
BY AND BETWEEN
THE CITY OF GRAND ISLAND, NEBRASKA
AND
GRAND ISLAND CHILDREN'S MUSEUM
THIS AMENDMENT is made and entered into by and between the City of Grand Island,
Nebraska, a body corporate and politic and a political subdivision of the State of Nebraska
(Lessor), and the Grand Island Children's Museum, Inc., a Nebraska nonprofit corporation
(Lessee), for the purpose of amending the terms of that certain Option to Lease dated February
23, 2022 (the Agreement) and relating to certain premises as further described in Schedule A to
the Agreement.
WHEREAS, on February 22, 2022, the Mayor and City Council of the City of Grand
Island approved Resolution 2022-51, authorizing the negotiation and execution of the
Agreement; and
WHEREAS, the Lessor and Lessee now each desire to amend the Agreement to grant
Lessee an extension of the deadline for Lessee's exercise of its option rights under the
Agreement, and;
WHEREAS, on October 25, 2022, the Mayor and City Council of the City of Grand
Island approved Resolution 2022-_ authorizing the amendment of the Agreement and
extension of the option term for a period of one year.
NOW THEREFORE, upon mutual execution of this amendment by the Lessor and
Lessee, Article I, Sections 2 and 4, of the Agreement shall be amended as set forth below
(deletions in s�lc��gk, additions underlined :
Article I. Option to Lease.
i
1. For good and valuable consideration, receipt of which is hereby acknowledged, the undersigned
Lessor gives an option to lease the premises described in Schedule A for such lease terms as set
forth in Article II., below.
2. Exercise of the option to lease granted by this Article I shall be subject to and contingent upon
Lessee's receipt of funds and pledges totaling not less than Seven Million Dollars
($"7,000,000.00) on or prior to , , January l. 2024 to be confirmed by the Lessor's
City Administratar designee.
3. Lessor shall grant and permit Lessee's representatives and agents access to the premises to
conduct inspections and studies to determine suitability of the premises for Lessee's intended
development and use.
4. Subject to Article L, Sec. 2 above, this option is exercisable by written notice provided by the
Lessee and received by the Lessor on or prior to �`�'zA�� March 1. 2024.
All other terms and conditions of the Agreement shall remain in full force and effect, except as amended
herein. This amendment shall be effective upon mutual execution by the Lessor and Lessee.
LESSOR:
CITY OF GRAND ISLAND
By:
Roger G. Steele, Mayor
I.��M�I.�M
By:
RaNae Edwards, City Clerk
LESSEE:
GRAND ISLAND CHILDREN'S MUSEUM
By: By:
President Secretary: