08/26/2003 Resolutions 2003-249
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RES 0 L UTI 0 N 2003-249
WHEREAS, on October 9, 2001, by Resolution 2001-288, the City of Grand Island
(hereinafter "City") and the Fonner Park Exposition and Events Center, Inc., a Nebraska non-profit
corporation (hereinafter "Heartland") entered into a Lease Purchase Agreement for the planning,
designing, constructing and financing of an agricultural exposition and events center which will be
leased to and purchased by the City in accordance with Neb. Rev. Stat. 919-2421; and
WHEREAS, the original Lease Purchase Agreement required Heartland to obtain its
funding commitments for all costs of the project other than the costs to be paid by the City by
October 9,2003 and said funding commitments have not been completed; and
WHEREAS, Heartland has raised approximately 86% of the funding necessary to
construct the project and is seeking a two (2) year extension ofthe time necessary to complete the
fundraising for this project; and
WHEREAS, Heartland is seeking to clarify the original Lease Purchase Agreement so
that Heartland will act as purchasing agent for the City and will be exempt from Nebraska State sales
taxes pursuant to the provisions of Neb. Rev. Stat. 977-2704.15; and
WHEREAS, since the original Lease Purchase Agreement was signed, regulations
have been adopted permitting applications to be submitted for grants pursuant to the Local Civic,
Cultural and Convention Center Financing Act at Neb. Rev. Stat. 913-2701; and
WHEREAS, an Addendum to the original Lease Purchase Agreement between the
City of Grand Island, Nebraska and Heartland has been drafted and approved by the City Attorney's
office to address the issues set forth above.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF GRAND ISLAND, NEBRASKA, that:
1. Heartland shall have until October 9, 2005 to complete the process of obtaining 100% ofthe
funding commitments necessary to construct the Fonner Park Exposition and Events Center,
as well as fulfill all of the items set forth in Paragraph 1.1 of the Addendum amending
paragraph number 3 of the original Lease Purchase Agreement.
2.
City will use its best efforts to enable Heartland or any project contractor, subcontractor,
supplier or other designee of Heartland to act as its purchasing agent and to obtain an
exemption from Nebraska State Sales Tax pursuant to the requirements of Neb. Rev. Stat.
977 -2704.15 for supplies, materials and all other items or services eligible for such sales tax
exemption.
3.
City will use its best efforts to apply and qualify for any grant monies available pursuant to
the Local Civic, Cultural and Convention Center Financing Act as set forth in Neb. Rev. Stat.
9913-2701 to 13-2710.
Approved as to Form IX lJ tz (A )
August 22, 2003 IX City Attorney
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4.
The Addendum to the Lease Purchase Agreement is hereby approved; and the Mayor is
hereby authorized and directed to execute such agreement on behalf of the City of Grand
Island and to take such action in furtherance of the Addendum to the Lease Purchase
Agreement as is required and prudent.
Adopted by the City Council of the City of Grand Island, Nebraska, August 26, 2003.
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RaNae Edwards, City Clerk
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