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12/20/2022 Resolutions 2022-364RESOLUTION 2022-364 WHEREAS, pursuant to the authority granted by the Grand Island City Council, the City of Grand Island, NE ("CITY") and Grow Grand Island, Inc. ("GGI") entered into a "Donation And Construction Agreement Between Grow Grand Island, Inc. and The City Of Grand Island For Expansion Of The Downtown Public Plaza" (the "Agreement") on June 30, 2022; and WHEREAS, it is necessary to amend the Agreement to reflect City Council's approval of the final planned improvements by GGI to the CITY's Downtown Public Plaza through the adoption of an updated Exhibit A to the Agreement; and WHEREAS, it is also necessary to amend the Agreement to reflect recommended changes to the process and procedures for obtaining the approval of the construction plans and specifications and the building materials in order to reflect the City's current permitting process and departmental responsibilities. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF GRAND ISLAND, NEBRASKA, that the following amendments to the Agreement are and shall be approved as set forth herein (deletions shown in s�l��gl�; additions shown in underline). Section I.B. CONSTRUCTION is amended as follows: 1 � The plans and specification for the Plaza Expansion must receive �e-�ie� the written approval of the �plicable City ��R;��- :� ��,,:r��' departments, which a�proval map be reflected by the issuance of required Citv permits for all construction docuxnents and final selections of building materials prior to construction. GGI agrees that the Plaza Expansion shall be completed in strict adherence to the design as approved and/or permitted by the CITY. Any material deviations from the design drawings depicted in Exhibit A shall be permitted only with the prior written approval of the CITY. At no cost to the CITY, GGI shall be responsible for and to fund the construction of the Plaza Expansion to be constructed during such times during the construction period as mutually agreed to by the CITY and GGI. Construction shall not begin until GGI has received or has binding commitments for the Funds. The construction period shall begin no later than July 5, 2022 (weather permitting) and shall end no later than �e��T �� June 1, 2024 (the "Construction Period"). r� *�,o 0 0�+ +�,�+ ��+,.,,�+:�� .�e�Ee�e�e��ese�e�-3��.,'zA�.�� rrT .r o�* „ o.,�o„�;,.., ,.f , n a�,..:,,:��..,,�,.,. v... „� �,,,�, o o,.�;,,r .,� �,;� �„io a;�,,,.o�;,.,, � Approved as to Form tt December 19, 2022 tt City Attorney 1 2. 3 Section II. D. ACCEPTANCE OF IMPROVEMENTS is amended as follows: Upon completion of the Plaza Expansion, such improvements shall be reviewed by the a� licable City departments and the Citv Engineer and, if approved, and upon receipt of the GGI's professional Engineer/Architect certification of completion of the Plaza Expansion with the plans and specifications approved by the CITY, it shall be recommended to the City Council for acceptance by the City Administrator or desi�nee. Acceptance of ownership of these Improvements shall be subject to the verification by the CITY that the project has been completed in compliance with all permits issued bv the CITY, this Agreement and subject to receipt by the CITY Engineer of as built plans and other required documents. Such acceptance shall occur by resolution of the City Council. Upon acceptance by resolution of the City Council, the Plaza Expansion shall immediately become the property of the CITY and the GGI forfeits all rights to such Plaza Expansion. It is expressly agreed and understood that nothing in this Agreement shall be construed as empowering the GGI to encumber, mortgage or pledge any interest in the site or improvements thereon in any manner whatsoever. Following CITY Council acceptance of the Plaza Expansion, the CITY and GGI shall mutually agree to a date and time for a ribbon cutting ceremony. BE IT FURTHER RESOLVED, that the attached plans depicting a stage, landscaping, public restrooms and public parking, attached hereto as Exhibit A and incorporated herein by reference, are hereby adopted and approved as the final plan for improvements to be constructed by Grow Grand Island on the City's property designated as the Downtown Public Plaza. BE IT FURTHER RESOLVED that the amendments set forth above shall be effective upon the final date of execution of a fully signed amendment to the Agreement by the CITY and GGI in the form set forth as Exhibit B to this resolution. Adopted by the City Council of the City of Grand Island, Nebraska on December 20, 2022. � Ro . St�ele, Mayor Attest: �� 0 4��. RaNae Edwards, City Clerk -2- EXHIBIT A FINAL PL�iNS F4Ii IMPROVEMENTS TO THE DUWNTOWN PUB�.IC PLAZA (Site Pla�n and Landscaping Plan attached) -3- �VM7 �7��7�3Wn��a¢it CJOM1�3 6iffN3 �� E_�� OJlIM1 A�Y �: Mb��1f i�FFFF: C�Ir�a � � • i N I y ' 4 � � � � I �� a I' � i " � I � r Y Y I �� 1 � ��h=,46�.:RiX1..:i.�i. I �� I ! i i I 'I � , 1 / � I 1 �� .�rx�anwm�:..,�n�+ � J + � 1' + . � � M r � t /. r � .. r ` f ��.. r � y ��Yp`� . v� � R . . � • Q � ' � s , Z} �f ef. 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IS n . 'a . 0'a .. 0•� � � '.0 ) � i L .1 1 � �n .�, ,�:i2 siope max�,ese o o . `�._ :.. -t� y�� ' .Ja'=�a� � '6 .� �'A . 1� 0. fa 4�%1'4 . e Q a r� r. . n. n. e. o s 3�_pn � y � s � � � � � � � TE' � r �1 014 �._�. South propexty lins A�ley �3a�hrooms SG,4LE: fI�4" = 1'-O" 14'-2�ci�� 7� � � EXHIBIT B FURM OF AMENDMENT FiRST AMENDMENT TO D�NATION AND CONSTRUCTION AGREEMENT BETWEEN GRQW GRAND ISLANU, INC. ANb TH� C�TY OF GRAND �SLAND FOR EXPANSION UF THE DOWNTQVi�N PLTBLIC PLAZA This First Amendment io the ]t�r►e 30, 2022 Dana#ion and Construc�ion Agreemertt between the Gity of Grat�d Island and Grow Grand Island, lnc. ("Agreement"), is made and entered into this _ day aP December, 2�22 by and between the City of Grand Tsland, Nebraska (the. "CITY") and GROW GRAND iSLAND, INC. a Nebraska not For profit corporation ("GGI"}. Section I.B. CONSTRUCTION is amended as foilaws (deletions shown in �i�et�et�g�; additions shown in underline): 1. The plans and specif cation for the Plaza Expansion rnust receive �e� the written approval of the appiicab�e City �'M��x��„ ;� Na^=,�� departrnents, which aapraval Yna;v be reflected bv t�.e issuance of required Citv permits far a1i construction documer�ts and finat selec�ions of building materials prior to construction. GGI agrees that the Piaza Expansifln shali be cornpleted in strict adherence to the design as approved andlor permitted by the CITY. Any material de�iations from the design drawi�gs depicted in Exhibit A. 2. At no cost ta the CITY, GGI shall be responsible for and to fund Che co�istruction af the Ptaza Expansion to be consttucted during such times during the constr�tciion period as mutually agreed #o by the CITY and GGF. ConstrucEion shall not begin until GGI has received ar has bindin� comrniiments for #he Funds. The constructian period shall begin no later than Juty 5, 2022 {weather pe�rnitting} and shall end no later than �ase�e�� rU11� 1, �Q24 ��lIG ��Cflnsiruction Period"}. F•,ixr cn�c,•'��c-ixi isY'zrc�cviisiic�or�''ia� � e o ! � Secti�n II. D. ACCEPTANC� OF IMPROVEMENTS is amended as follows: 1. Upon compietian of the Plaza �xpansior�, such improvements sh�ll be re�viewed by the at�p[icable City departments €�g�r• and, if approved, and upan receipt of the GGI's professional En�ineer/E1.rchitect certifica.tion of earnpleiion af the Plaza Expansian with the p�ans and specificatians approved by the CITY, it shalt be recommended ta the City Cauncil fvr aceeptance � lhe City Administrator Qr desi�znee. Acceptance of ownersfiip of these Impro�ernents shail be suhject to the �eriftcation hy the CITY that the project � has been completed in compliance with ai� permits issned by the CITY. this Agreement and subject to receipt by the CIT'�'' Engineer of as built plaras and other required documents. Such acceptance shaIl occur by resoiution of #he City Cnuncil. 2. Upon acceptance by resolution oF #he City Cauncil, the PTaza Expansion shali immediately become the praperty of the CITY and the GGI far%its ail rights ta such Plaza. Expaitsion. It is expressty a�reed and undexstoad that nothing in this Agreement sha11 be canstrued as ernpovvereng the GGI to eiicwnber, mor�ga�;e or pledge any interest in the site or improvements tl�ereon in any manner whats�e�ver. 3. �oliawing �ITY Council acceptance of the Plaza Expansian, the CiTY and GGI shall mutualty agree to a date and time for a ribbon cutting cerernony. IN WITNESS WHE�tEOF, the parties hereto have executed this First �rnendment To Donation And Canstruc#ion Agreernent Between Grow Geand Island, Inc. And fhe City Of Grand Island Far Expansian Of The Downta��n Pub�'rc Plaza hy having their si�;natures affixed below. GRpW GRAND ISLAND, TNC Autharized Representative Dafe: CITY OF GRAND ISLAND, NE RQger G. Steele, Mayflr ATTEST: Date: RaI'+Tae Edwards, City Clerk APPROVED AS TO FORM: Laura D. -5-