Fiscal Note
This Amendment to the Agreement retains the requirement for the donors to make an additional $150,000 donation upon commencement of construction.
Title
Authorizing the Mayor and City Clerk to execute a First Amendment to Definitive Agreement regarding the future branch public library at Grandview Commons
Body
Preamble
In 2007 DJK Real Estate, LLC and the Simon and Rosenberg families (collectively, “Donors”) entered into a Definitive Agreement with the City concerning a future branch library in the Grandview Commons subdivision (the “Agreement”). The Agreement provided for the donation by Donors to the City of a parcel of land in Grandview Commons and for certain cash donations to be used for the library. In 2008 Donors donated to the City a parcel of land encompassing approximately 42,000 square feet (the “Donated Lot”), and provided a cash donation to fund planning costs of the new library. The Agreement specifies that the City shall construct the branch library no later than January of 2015 or the Donated Lot shall revert to Donors.
To accommodate the future grocery store at Grandview Commons, Donors plan to reconfigure the lots at Town Center for Grandview Commons, including the Donated Lot. Donors have submitted a preliminary plat to the City including a revised location, size and dimension for the future library (the “Reconfigured Lot”). The proposed Reconfigured Lot, which will be approximately 24,000 square feet, is shown on the attached Site Plan. In order to facilitate the new development, Donors have requested that the City execute an amendment to the Agreement to allow for the reconveyance of the Donated Lot to Donors, the conveyance by Donors to the City of the Reconfigured Lot, an extension of time for the City to construct the branch library, an easement over the adjoining parking area for the non-exclusive use by library patrons and staff, and an additional cash donation to be made for the benefit of the library.
NOW, THEREFORE, B...
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