12/05/2023 Resolutions 2023-319RESOLUTION 2023-319
WHEREAS, the Mayor and City Council of the City of Grand Island, Nebraska
previously approved Resolution 2022-51, amended by Resolution 2022-297 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 and its Amendment 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 1, 2024 in order to exercise its
option; and
WHEREAS, in addition to other funds and pledges raised, the Lessee has obtained a
Shovel-Ready Grant award in the amount of $5,000,000 contingent upon their execution of the
lease option contained in this Agreement; and
WHEREAS, Lessee has notified the Lessor of their desire to exercise their lease option
and to take occupancy by March 1, 2024; and
WHEREAS, the Lessor and Lessee now each desire to amend the Agreement to remove
the requirement that Lessee have receipted the required funds and pledges prior to exercising
their lease option.
WHEREAS, Lessor currently occupies a portion of the premises, in consideration for the
Amendment of Article 1, Section 2 of the agreement, Lessee has agreed to permit Lessor a
period of up to six (6) months to fully vacate the premises as set forth in the Amendment to
Article 2, Section 2; and
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 is hereby approved.
BE IT FURTHER RESOLVED, that the Lessee's notice of intent to exercise Option to
Lease is hereby accepted and Lessor considers the Option to Lease accepted with occupancy by
Lessee to commence March 1, 2024 subject to compliance with the terms and conditions set
forth in the Agreement as amended herein.
Adopted by the City Council of the City of Grand Island, Nebraska, December 5, 2023.
,�✓�G !��7"
Roge . Steele, Mayor
Attest:
'G
J Granere, Deputy City Clerk
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AMENDMENT TO ARTICLE I. Number 2, and ARTICLE II, Number 2.
OPTION TO LEASE
BY AND BETWEEN
THE CITY OF GRAND ISLAND, NEBRASKA
��
GRA.ND 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 Isiand Children's Museum, Inc., a Nebraska nonprofit cQrporation
(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
WHERAS, on October 25, 2022, the Mayor and City Council of the City of Grand Island
approved Resolution 2022-297 authorizing an amendment to the lease agreement which extended
the deadlines set forth in the Agreement until January 1, 2024 to permit additional time for the
Lessee to raise funds and pledges; and
WHEREAS, the Agreement was contingent upon Lessee's receipt of funds and pledges
totaling not less than Seven Million Dollars ($7,000,000.00); and
WHEREAS, in addition to funds and pledges previously raised, the Lessee has obtained a
Shovel-Ready Grant award in the amount of $5,000,000 contingent upon their execution of the
lease option contained in this Agreement; SIICI
WHEREAS, Lessee has notified the Lessor of their desire to exercise their lease option and to
take accupancy by March 1, 2024; and
WHEREAS, the Lessor and Lessee now each desire to amend the Agreement to remove
the requirement that Lessee have receipted the required funds and pledges prior to exercising their
lease option; and
WHEREAS, Lessor currently occupies a portion of the premises, in consideration for the
Amendment of Articie l, Section 2 of the agreement, Lessee has agreed to permit Lessor a period
of up to six (6) months to fully vacate the premises; and
NOW THEREFORE, upon mutual execution of this amendment by the Lessor and Lessee,
Article I, Sections 2 of the Agreement shall be removed. (Deleted portions noted by strikethrough).
Article I. Option to Lease.
l. 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.
_ .. ... ... . �
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NOW THEREFORE, upon mutual execution of this amendment by the Lessor and Lessee,
Article II, Sections 3 of the Agreement shall amended as set forth below. (Deleted portions noted
by strikethrough, additions noted by underline).
Article II. Lease Terms Upon Lessee's Exercise of Option to Lease
2. Commencement. Title and Condition. The Leased Premises are demised and let subject to a. the
existing state of the title thereof as of the commencetnent of the term of this Lease, b. any state of
facts which an accurate survey or physical inspection thereof might show, c. all zoning regulations,
restrictions, rules, and ordinances, building restrictions and other laws and regulations now in effect
or hereatter adopted by any governmental authority having jurisdiction, and d. with respect to
buildings, structures, and other improvements located on the Leased Premises, their condition as
of the commencement of the term of this Lease, without representation or warraniy by Lessor.
Lessee represents that it has examined the title to the Leased Premises prior to the execution and
delivery of this lease and has found the same to be satisfactory for all purposes hereof, The Lease
shall commence on the first day of the sees�� calendar month following written notice of exercise
of the option to lease by Lessee to Lessor (the "effective date") but shall permit joint occupancy bv
Lessor for ub to six months for purposes ofpermitting Lessor sufficient time to vacate the premises.
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 ISL ND
B : /"5 •
Y
Roger Steele, Mayor
ATTEST:
By: ` (J /G!-�LLr-E._-
11 Granere, Deputy City Clerk
LESSEE:
GRAN ISLAND CHILDREN'S MUSEUM
By:
sident