05/09/2023 Resolutions 2023-113RESOLUTION 2023-113
WHEREAS, the City of Grand Island ("City") entered into a Lease Agreement
dated July 1, 2009, together with the First Amendment to Lease Agreement dated November 13,
2009 ("Lease") for the Heartland Event Center; together with Fonner Park Exposition and Events
Center, Inc., a Nebraska nonprofit corporation; Hall County Livestock Improvement and
Association, a Nebraska nonprofit corporation; and the Nebraska State Fair Board, a private
corporation and instrumentality serving the State of Nebraska and its citizens; and
WHEREAS, the other parties to the Lease have negotiated a second amendment to
the Lease for the purpose of providing temporary operating space for the Grand Island Casino
Resort, LLC, a Nebraska limited liability company, during the construction of their permanent
casino facility ("Amendment No. 2 to Lease Agreement").
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL
OF THE CITY OF GRAND ISLAND, NEBRASKA, that Amendment No. 2 to Lease Agreement
for the Heartland Event Center, attached hereto as Exhibit A and incorporated herein by reference,
is hereby approved.
BE IT FURTHER RESOLVED, that the Mayor is hereby authorized and directed
to execute such amendment on behalf of the City of Grand Island.
Adopted by the City Council of the City of Grand Island, Nebraska, May 9, 2023.
�.
� .e.� . �ti.��"�.��
Ro G. S eele, ayor
Attest:
�"�4�_n, a .—��[ -
RaNae Edwards, City Clerk
a
ID1:1011:3YII:\
AMENDMENT NO. 2 TO LEASE AGREEMENT
THIS AMENDMENT NO. 2 TO LEASE AGREEMENT (this "Amendment") is made and entered
into as of May 9 , 2023 (the `Bffective Date"), by and between Fonner Park Exposition and
Events Center, Inc., a Nebraska nonprofit corporation (`Bvent Center"), Hall County Livestock
Improvement Association, a Nebraska nonproiit corporation ("Fonner"), and the City of Grand Island,
Nebraska, a municipal corporation (the "City") (Event Center, Fonner and the City are collectively referred
to herein as "Lessors"), the Nebraska State Fair Board f/lc/a the Nebraska State Board of Agriculture, a
private corporation organized under the authority of Neb. Rev. Stat. § 2-101 and an instrumentality serving
the State of Nebraska and its citizens under the terms provided for in Neb. Rev. Stat. Article 1 of Chapter
2("Lessee") and Grand Island Casino Resort, LLC, a Nebraska limited liability company ("GICR").
Lessors and Lessee each may be referred to herein as the "Party" and jointly referred to herein as the
"Parties."
WHEREAS, the Parties entered into that certain Lease Agreement, dated as of July 1, 2009 (the
"Lease");
Lease.
WHEREAS, the Parties desire to amend certain terms of the Lease; and
WHEREAS, the Parties desire to enter into this Amendment to set forth the amended terms of the
NOW, THEREFORE, in consideration of the foregoing, the mutual promises, covenants,
representations and warranties set forth herein and in the Lease, and other good and valuable consideration,
the receipt and sufficiency of which is hereby acknowledged, and intending to be legally bound, the Parties
hereto agree as follows:
1. Amendment to "Leased Premises" Definition. The term "Leased Premises," as such term
is defined in the Lease, is hereby amended as follows:
(a) The "Leased Premises" shall be temporarily amended in accordance with the terms of
E�ibit "H", attached hereto and incorparated by this reference, to remove a portion of
the Fonner Park Grandstand as described in E�ibit "H" from the definition of "Leased
Premises" to allow for the construction, operation and management of a temporary
casino facility by Grand Island Casino Resort, LLC ("GICR") in the portion of the
Fonner Park Grandstand and the portion of the 4-H Cafe Building described in E�ibit
"H". On the date 120 days after the receipt of the certiiicate of occupancy for the
permanent casino facility described in Section 1(b), the portion of the Fonner Park
Grandstand and the 4-H Cafe Building that is removed from the definition of "Leased
Premises" pursuant to this Section 1(a) shall again be included in the definition of
"Leased Premises" without any further action required by the Parties. Fonner and
GICR shall pay Lessee $42,500 per year for each calendar year that that GICR utilizes
the portion of the Fonner Park Grandstand and 4-H Cafe Building identified in Ea�hibit
"H" beyond April 1 of such calendar with calendar year 2023 being year the first year
that this payment obligation applies. The payment for the first year (2023) will be
applied to the 2022 Fair Sponsorship of GICR to compensate GICR for the full value
of GICR's $80,000 sponsorship to Lessee which GICR did not receive in 2022 and no
iinancial payment shall due for from Fonner and GICR to Lessee for calendar year
2023. Payments for the second calendar year (2024) and any additional calendar years
(2025 and beyond) will be split equally between GICR and Fonner. Payments shall
continue until GICR no longer resides within the portion of the Fonner Park
4835-8029-7983.5
Grandstand and 4-H Cafe Building described in E�ibit "H" on April 1 of any calendar
year.
(b) The "Leased Premises" shall be permanently amended pursuant to the terms of E�ibit
"I", attached hereto and incorporated by this reference, to remove the portion of the
land described in E�ibit "I" from the definition of "Leased Premises" to allow for the
development, construction, ownership and management of a permanent casino facility
by GICR, its successars, affiliates and assigns.
2. Full Farce and Effect. Except as expressly amended pursuant to the terms of this
Amendment, the Lease shall remain in full force and effect.
3. Counterparts. This Amendment may be executed in any number of counterparts and any
Party may execute any such counterpart, each of which when executed will be deemed to be an original and
all of which counterparts taken together shall constitute one and the same instrument.
[Remainder of this page intentionally left blank; signature page follows.]
4835-8029-7983.5
above.
IN WITNESS WHEREOF, the Parties have executed this Amendment as of the date first set forth
LESSORS:
Fonner Park Exposition and Events Center, Inc.
By: �Gt�
Name: C "� i�Cv'i'i11i•4-k
Title: ,(%�
Hall County Livestock Imp��ovement Association
By: ��� l�f{C."
Name: G (��-r� � i U(✓�f�
Title: _ /� ��
City of Grand Island, Nebraska
R Nonhof
�jfBglBtailt City �"ztturney
State of Nebraska )
) ss.
County of )
By, v z'���'���'z�..�!
Name:
Title: Ma��,-
�e foregoin i strument w s acknowledged before me on this ��day of /�a�� , 2023, by
h r�� ./� f Fonner Park Exposition and Events Center, Inc., a Nebraska
nonprofit corporation, on behalf of the corporation.
State of Nebraska )
) ss.
County of )
T e oregoin i strument was acknowledged before me on this � day of MG'�' 2023, by
%' 1� �Z�/ G��- of Hall County Livestock Improvement Association, a Nebraska
nonprofit corporation, on behalf of the corporation.
�(ieneral Notary • Sta�e of Nebrasla
CORINNE M. KETTERIMIG
���
Notary Public
State of Nebraska )
) ss.
County of �-�tc�\ \ )
�
The foregoing instrument was acknowledged before me on this 1� day of �, 2023, by
pc� pr -, Q l..a of the City of Grand Island, Nebraska, a municipal corporation, on
behalf o he corporation.
GENHiAI NOTAHY - Sta� ot Nebrosk2
F�ANAE EDWARDS
My Canxn. E�. December 29, 2026
i���- ��J.�GtJ �CV.U�
Notary Public
4835-8029-7983.5
LESSEE:
Nebraska State Fair Board
By: ct��, /i�,2
Name: fF� I(Yi E i� n�.-�
Title: != ��.C.i-C.h't> P_ Q U'�,.1.. L��i
t. /��, v�t�'►a-L- � % ��C t_���•t�.�,�
Notary Public
State of Nebraska )
) ss.
County of �.=f,(_ )
�
4 The foregoing instrument was ackn�wledged before mc on this i' day of I'y��u'C� , 2023, by
��. CC.i n� �cCr � of the Nebraska State Fair E3oard, a private corporatian, on behalf
of the corporation.
�GL 31C.11i.G�- � - / �' �C L kr!"�,c.(
Notary Public
GEN:RAL NOTARY • State of Nebraska�
Tammy L McConne��
D,ty <:b�nr,t Exp C�:r y LO`��
4833-AO39-7983.5
GICR:
I CI�i�C1
State of-��ebraska )
) ss.
County of�,� I )
Grand Island Casino Resort, LLC
By: v.�
Name: ' //-1-v.✓ c� ` . ;-, � � .
Title: C' h'� e f�� �� c-(y � iv
��i���;� �
Notary PubItc
The foregoing instrument was acknowledged before me on this I�r'day of � 1 2023, by
_Y1�ti��1("� Otl��'Y-1 iC��L of Grand Island Casino Resort, LLC, a Nebraska limited liability
company, on behalf of the limited liability company.
,,, � � � � �,,,
,��`�SE`� ���%
: O ......... , ,,�
� ��.�C MY �:'9 %
' v. �+S51 ..IPZ ;
_ :� December-29-2025: —
_ � �OMMISSIOpr : _
�ZO: NUMBER � �
� ), •., 844826 ,:'��:
/��'�R�q[ SEP� ����\`
'��r�iiii�����
� ' ,, ;
Notary Pubtic
4835-8029-7983.5
EXHIBIT "H"
Temporary Amendment to the Leased Premises
See Annex "1 ", attached hereto and incorporated by this reference, which sets forth an image of a certain
portion of the Fonner Park Grandstand which is hereby temporarily excluded from the "Leased Premises"
definition in order to allow for the construction and operation of a temparary casino facility while the
permanent casino facility is constructed. On the date 120 days after the receipt of the certificate of
occupancy for the permanent casino facility, the portion of the Fonner Park Grandstand set forth on Annex
"1" shall again become a part of the "Leased Premises" without any further action required from the parties
to the Lease.
ANNEX "1"
4---- — uu -----+� .
�� 1
H
�
�.
4-_
� �:
� �8 g��g 8$'��— �
� g$g� ��gg � ; �. .
� � t a
Sg .. � ��`" `�. ' ,.�
��__, ;� � ;� w
,
_ � � � , a � �, � ; �
T..�.�, . a � � �� �. ,
�� < � � � .� �
; �
m,, . � �.
.
,�; � � w � �
m,� � ;rf
� - .� � �_� . � � � � ;
r� z
� r., �� ,. .
� �� � � , � . , : �� . , `� � f ;
, � ,
_ •
'� .� � � � �� � � � � � � � z�
�, �
. � , , . ,_ ; � � . �
, ..� �,-,.�,
_ �.
� . � �
� .., �.....
� .
. �_�: �_._ i.,
,. � <. .. .
� _a �
_.._....�.— g t'- t t ` ----
138 ?" 21 , ,. , � . 5„ , � _ `'
� _ _ � � a , . .:r.........a�-.��....�.�........ I �� . , . �..—�+ ' ... '. � � � ��� �
�"�"°��`""�,...w"a ,l,�s.�� � . . .. .' € j �r � ����.� � 4 . r � � ,
C
� � � � � � 18,525 sf
R � � �
_.�.�._____. __.,_..�.�._�._..�_,_.���.f3"dit'"`— EXCIUSIVELEASE�SPACE
� �,� � � � �
I 1 � I I ��
. � _
"".,`.' � � ._ � _
(� �
� � � � � ; ;�a
_ _� � � �
_.�_ ___ � `"._��
------f----� —t . __ • —
� � �
� j I
GRAND ISLAND TEMP t'ASINO F1.CX)[t PLr1N —�-H CAFE BUILDINC;
� , ---�- '__ ___ . _ .
� � 1,697 sf
� ' .
2
' I .
.1 _.......�_ _. �1 y..- ..wws- . � ...
ANNEX "
�
GRA'�D ISL.�1\D 'TEh1P C`.ASltiO F�OOK PL.1N C't,;�t'(JL.'RSE:
EXHIBIT "I"
Leased Premises
See Annex "2", attached hereto and incorparated by this reference, which sets forth an image of certain
land that is hereby permanently excluded from the definition of the "Leased Premises". For purposes of
clarity, the land which is intended to be excluded from the "Leases Premises" definition, is the land
highlighted on Annex "2" which is entitled "Casino, Hotel and Parking Garage location."
-10-
ANNEX "2"
Grand Island Casino Resort Permanent Site
- � ���� �� � -�
� .
.
�� �. ��'��
. ,.-.---.--.-
, - � ,-
� � a+r.E rax-.
, _ �� ��� � i <�, ._
, . �. r i
� . . _ .___�. - -� '
. ._ _
, _ � :
' r � � e
_- _ . �� � ��
j RY�' iiAV/4Eiia13i►i�iAi�-%�1�1� . . " •p••-.• � :.: $
i. i
� _ 4 � , �� . � G .
�° �
r., _'""' -,
.__� w
I� .. ._-- , ,..r.,.-�.-•t 1 t .�.
,..
. i. _ � .r -_... ' .
,,.�.. _ . ... .�._
� € • •. � � ` s s� : i: z x r_ � z
., � : ..:�..��...,..c � �� t�eaa�a ; � � � � � � �
� � � �
f. I �`. �� t � � � -� � � �' � � �� � � w
' i r+�atw; rca�aa suh cu+ s � , t++c�n i', . � , _ t ., o
. '�tz�SYbttl�lr Cfit(tER
�i � . ' . S e 3 �� ' . . ° ' .. �� � ♦
, a i;
4�.-'�..-._. . � .... .
...�..,_...._._�.�. ..__ ,. �.._
_ `
.� � , _
4 �
; . .,, � . �� � - .
. j .i . .. R } �"� � . ... . Y � . .
♦
�
9 .
. i.� n:.. e .�..:»�r ... . .�.�...+ �.. ;' . ; ..
�i.a.i " . .. , v � ...._.V_._.. ' .. � .• . .
f ..... .. .. . . . . : L�_�._.r�_.�._a�,�..�.._a. .n
SITE PLAN
= P.: ' r. .
A1�1NEX '�2��
-11-