BOARD OF ALDERMEN AGENDA
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- Ross McLaughlin
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1 NOTICE OF MEETING CITY OF BRANSON BOARD OF ALDERMEN Special Meeting Thursday, March 10, :00 p.m. Council Chambers Branson City Hall 110 W. Maddux Meeting Called to Order Roll Call AGENDA REGULAR: 1) First Reading of Bill No amending Ordinance No by replacing the Bill of Sale including a new surveyed description to Ballparks of Branson, LLC. 2) First Reading of Bill No approving a Second Amended Lease Agreement between the City of Branson and Ballparks of Branson, LLC and authorizing the Mayor to execute the contract. 3) A Resolution repealing Resolution No R025 and adopting a new Resolution Consenting to the Assignment of Lease from Ballparks of Branson, LLC to Cedar Rapids Bank and Trust Company. ADJOURN Posted: March 9, 2016 At: By: Page 1 of 1 Where Values are the Difference MARCH: SERVICE/COURTESY Responding to others with respect and a helpful attitude For more information please visit or contact: Lisa Westfall, City Clerk,
2 Branson Board of Aldermen Staff Report and Recommendation ITEM/SUBJECT: READING OF A BILL AMENDING ORDINANCE NO BY REPLACING THE BILL OF SALE INCLUDING A NEW SURVEYED DESCRIPTION TO BALLPARKS OF BRANSON, LLC. FIRST READING: MARCH 10, 2016 FINAL READING: MARCH 10, 2016 INITIATED BY: ADMINISTRATION CITY ADMINISTRATOR RECOMMENDATION: Recommend approval of the bill. BRANSON COMMUNITY PLAN 2030: LU-3. - Infill and Redevelopment. Future growth will focus on infill development and revitalization before growing outward in order to maximize the use of existing infrastructure and efficiently utilize the land resources. STAFF REPORT: A lease agreement with Ballparks of Branson, LLC was approved in May 2014 to build a baseball tournament venue at the old Factory Merchant Mall location. In September 2015, a request for bids was solicited for sale of the buildings only. One bid was received from Ballparks of Branson, LLC and in October 2015, Ordinance No was approved for the sale of all buildings. The following items update the legal descriptions in the documents relating to the Ballparks project. A survey was completed and those legal descriptions were used in the updates. STAFF RECOMMENDATION: Staff recommends approval of the bill. PROPOSED MOTION: Move to approve the bill. FINANCIAL REVIEW: ATTACHED INFORMATION:
3 BILL NO ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO BY REPLACING THE BILL OF SALE INCLUDING A NEW SURVEYED DESCRIPTION TO BALLPARKS OF BRANSON, LLC. WHEREAS, the Board of Aldermen desires to replace the existing Bill of Sale with a new Bill of Sale (Survey Description). NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF BRANSON, AS FOLLOWS: Section A: Section B: Section 1 of Ordinance No is hereby amended by replacing Exhibit 1 Bill of Sale with the attached Exhibit 1 Bill of Sale (Survey Description). This ordinance shall be in full force and effect upon and after its passage and approval. Read, this first time on this day of, Read, this second time, passed and truly agreed to by the Board of Aldermen of City of Branson, Missouri this day of, Karen Best Mayor ATTEST: APPROVED AS TO FORM: Lisa K Westfall City Clerk Leland L. Gannaway Attorney for City of Branson
4 BILL OF SALE (Survey Description) KNOW ALL MEN BY THESE PRESENTS, that The City of Branson, a Municipal Corporation, Seller, of Taney County, Missouri, for and in consideration of the sum of One Hundred Dollars and other good and valuable consideration to it in hand paid by Ballparks of Branson, LLC, an Illinois Limited Liability Company, Buyer, the receipt of which is hereby acknowledged, by these presents does bargain and sell unto the said Ballparks of Branson, LLC all of the buildings presently located on the real estate described as: Survey Description: A PART OF THE SOUTHEAST QUARTER OF SECTION 35 ALSO BEING A PART OF THE SOUTHWEST QUARTER OF SECTION 36, TOWNSHIP 23 NORTH, RANGE 22 WEST, BRANSON, TANEY COUNTY, MISSOURI. BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 36 BEING MARKED BY AN EXISTING 1/2 IRON PIN; THENCE SOUTH 88 DEGREES 13 MINUTES 11 SECONDS EAST ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER FEET TO AN EXISTING IRON PIN; THENCE SOUTH 23 DEGREES 29 MINUTES 24 SECONDS WEST DEPARTING SAID LINE FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF GRETNA ROAD AS NOW LOCATED; THENCE ALONG A FOOT RADIUS CURVE TO THE RIGHT AND SAID RIGHT-OF-WAY FEET, SAID CURVE HAVING A CHORD BEARING OF SOUTH 81 DEGREES 52 MINUTES 12 SECONDS WEST; THENCE SOUTH 85 DEGREES 47 MINUTES 36 SECONDS WEST ALONG SAID RIGHT-OF-WAY FEET; THENCE ALONG A FOOT RADIUS CURVE TO THE LEFT AND SAID RIGHT-OF-WAY FEET, SAID CURVE HAVING A CHORD BEARING OF SOUTH 27 DEGREES 57 MINUTES 43 SECONDS WEST; THENCE SOUTH 08 DEGREES 49 MINUTES 45 SECONDS EAST ALONG SAID RIGHT-OF-WAY FEET; THENCE ALONG A FOOT RADIUS CURVE TO THE RIGHT AND SAID RIGHT-OF-WAY FEET, SAID CURVE HAVING A CHORD BEARING OF SOUTH 31 DEGREES 59 MINUTES 11 SECONDS WEST TO A POINT ON THE SOUTH LINE OF SECTION 35; THENCE NORTH 87 DEGREES 44 MINUTES 52 SECONDS WEST DEPARTING SAID RIGHT-OF-WAY AND ALONG SAID SOUTH LINE FEET TO AN EXISTING IRON PIN STAMPED JMARK; THENCE NORTH 04 DEGREES 40 MINUTES 31 SECONDS EAST DEPARTING SAID LINE FEET TO AN EXISTING IRON PIN STAMPED PLS 2214; THENCE NORTH 85 DEGREES 46 MINUTES 26 SECONDS WEST FEET TO EXISTING 1/2 IRON PIN; THENCE NORTH 00 DEGREES 17 MINUTES 04 SECONDS EAST FEET TO AN EXISTING IRON PIN STAMPED PLS 2115; THENCE NORTH 23 DEGREES 01 MINUTE 24 SECONDS EAST FEET TO A POINT ON THE NORTH LINE OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF SECTION 35; THENCE SOUTH 89 DEGREES 06 MINUTES 30 SECONDS EAST FEET TO AN EXISTING IRON PIN STAMPED PLS LC ; THENCE CONTINUING ALONG SAID LINE SOUTH 89 DEGREES 24 MINUTES 29 SECONDS EAST FEET TO THE POINT OF BEGINNING CONTAINING ACRES MORE OR LESS. 1
5 Said buildings, are sold, in their as is condition with no warranties or representations regarding their condition whatsoever. It is specifically understood, and by acceptance of the Bill of Sale agreed, that this sale does not include the land upon which said buildings are located; that the use of the land upon which said buildings are located is permissive and not adverse; that in the event of the destruction or abandonment of any of said buildings and failure of Buyer or its successor in interest to commence reconstruction and habitation of a building within thirty days, that the ownership of said building shall revert to Seller; that default in a certain Lease between Seller and Buyer, and the failure to cure said default within the time prescribed in said Lease shall result in the reversion of ownership of said buildings to Seller; or upon Buyer s default under any agreement, mortgage, pledge or assignment to any third party, and said third party fails to cure Buyer s default under its lease with Seller, the ownership of said buildings shall revert to City. TO HAVE AND TO HOLD said buildings only under the terms hereinabove described. IN WITNESS WHEREOF, the said Seller has caused this Bill of Sale to be executed on this day of, Attest: Lisa K. Westfall, City Clerk Karen Best, Mayor APPROVED AS TO FORM: Leland L. Gannaway Attorney for City of Branson 2
6 STATE OF MISSOURI ) ) ss. COUNTY OF TANEY ) On this day of, 2016, before me personally appeared Karen Best, Mayor of the City of Branson to me known to be the person described in and who executed the foregoing instrument, and acknowledged that she executed the same in her capacity as the Mayor of the City of Branson and by and with the authority of the Board of Aldermen of said city. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day and year last above written. My Commission Expires: Notary Public 3
7 Branson Board of Aldermen Staff Report and Recommendation ITEM/SUBJECT: READING OF A BILL APPROVING A SECOND AMENDED LEASE AGREEMENT BETWEEN THE CITY OF BRANSON AND BALLPARKS OF BRANSON, LLC AND AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT. FIRST READING: MARCH 10, 2016 FINAL READING: MARCH 10, 2016 INITIATED BY: ADMINISTRATION CITY ADMINISTRATOR RECOMMENDATION: Recommend approval of the bill. BRANSON COMMUNITY PLAN 2030: LU-3. - Infill and Redevelopment. Future growth will focus on infill development and revitalization before growing outward in order to maximize the use of existing infrastructure and efficiently utilize the land resources. STAFF REPORT: See previous Staff Report for Bill of Sale. STAFF RECOMMENDATION: Staff recommends approval of the bill. PROPOSED MOTION: Move to approve the bill. FINANCIAL REVIEW: N/A ATTACHED INFORMATION:
8 BILL NO ORDINANCE NO. AN ORDINANCE APPROVING A SECOND AMENDED LEASE AGREEMENT BETWEEN THE CITY OF BRANSON AND BALLPARKS OF BRANSON, LLC AND AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT. WHEREAS; the City of Branson owns property consisting of approximately 120 acres fronting West Highway 76, known as the Old Branson Airport and leased 31 acres to the Factory Merchant Mall between 1987 and 2011; and WHEREAS; the Board of Aldermen voted in late 2011 to assume the assets and structures present on the lease formerly held by Factory Merchant Mall; and WHEREAS; the Board of Aldermen wished to see this property developed in a manner that contributes to the overall economic activity of the area, supports nearby businesses, and reinforces the Branson brand of family entertainment; and WHEREAS; the City entered into a Lease with Ballparks of Branson, LLC in May 2014 for the development of a sports tournament venue that supports the development aims of the Board; WHEREAS; the Board of Aldermen wishes to approve amendments to the Lease Agreement with Ballparks of Branson, LLC. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF BRANSON, AS FOLLOWS: Section 1: Section 2: The Board of Aldermen hereby approves the Second Amended Lease Agreement between the City of Branson and Ballparks of Branson, LLC and authorizes the Mayor to execute the contract attached hereto as Exhibit 1. This ordinance shall be in full force and effect from and after its passage and approval. Read, this first time on this day of, Read, this second time, passed, and truly agreed to by the Board of Aldermen of City of Branson, Missouri this day of, Karen Best Mayor ATTEST: Lisa K Westfall City Clerk APPROVED AS TO FORM: Leland L. Gannaway Attorney for City of Branson
9 SECOND AMENDED LEASE This Second Amended Lease is made and entered into this day of 2016, by and between Branson, Missouri, a Missouri Municipal Corporation, hereinafter Lessor and Ballparks of Branson, LLC, hereinafter Lessee. Whereas, a survey was completed of the property and the parties wish to include those legal descriptions as part of the lease. NOW THEREFORE, the parties hereby agree to amend the First Amended Lease as follows: 1) To replace Exhibit A with the attached Exhibit A-1 Surveyed Legal Description and Exhibit A-2 Ballparks of America Survey dated March 8, ) To replace Exhibit B with the attached Exhibit B Bill of Sale (Survey Description). 3) In all other respects the First Amended Lease shall remain in full force and effect except as otherwise amended herein. In witness whereof, the parties have caused this Amended Lease to be executed by its authorized officers or officials, the day and year set opposite their respective signatures. LESSOR CITY OF BRANSON Date: Attest: Lisa K Westfall, City Clerk Date: By: Karen Best, Mayor LESSEE Ballparks of Branson, LLC By: Hamilton Chang, CEO Date: By: Bradley C. Snyder, President Approved as to form: By: Leland L. Gannaway Attorney for City of Branson Page 1 of 1
10 Exhibit A-1 TRACT 1 (AKA SURVEY PARCEL I) SURVEYED LEGAL DESCRIPTION DESCRIPTION OF BOUNDARY CONTAINING BUILDINGS AND SIGN STRUCTURES: A PART OF THE SOUTHEAST QUARTER OF SECTION 35 ALSO BEING A PART OF THE SOUTHWEST QUARTER OF SECTION 36, TOWNSHIP 23 NORTH, RANGE 22 WEST, BRANSON, TANEY COUNTY, MISSOURI. BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 36 BEING MARKED BY AN EXISTING 1/2 IRON PIN; THENCE SOUTH 88 DEGREES 13 MINUTES 11 SECONDS EAST ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER FEET TO AN EXISTING IRON PIN; THENCE SOUTH 23 DEGREES 29 MINUTES 24 SECONDS WEST DEPARTING SAID LINE FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF GRETNA ROAD AS NOW LOCATED; THENCE ALONG A FOOT RADIUS CURVE TO THE RIGHT AND SAID RIGHT-OF-WAY FEET, SAID CURVE HAVING A CHORD BEARING OF SOUTH 81 DEGREES 52 MINUTES 12 SECONDS WEST; THENCE SOUTH 85 DEGREES 47 MINUTES 36 SECONDS WEST ALONG SAID RIGHT-OF-WAY FEET; THENCE ALONG A FOOT RADIUS CURVE TO THE LEFT AND SAID RIGHT-OF-WAY FEET, SAID CURVE HAVING A CHORD BEARING OF SOUTH 27 DEGREES 57 MINUTES 43 SECONDS WEST; THENCE SOUTH 08 DEGREES 49 MINUTES 45 SECONDS EAST ALONG SAID RIGHT-OF-WAY FEET; THENCE ALONG A FOOT RADIUS CURVE TO THE RIGHT AND SAID RIGHT-OF-WAY FEET, SAID CURVE HAVING A CHORD BEARING OF SOUTH 31 DEGREES 59 MINUTES 11 SECONDS WEST TO A POINT ON THE SOUTH LINE OF SECTION 35; THENCE NORTH 87 DEGREES 44 MINUTES 52 SECONDS WEST DEPARTING SAID RIGHT-OF-WAY AND ALONG SAID SOUTH LINE FEET TO AN EXISTING IRON PIN STAMPED JMARK; THENCE NORTH 04 DEGREES 40 MINUTES 31 SECONDS EAST DEPARTING SAID LINE FEET TO AN EXISTING IRON PIN STAMPED PLS 2214; THENCE NORTH 85 DEGREES 46 MINUTES 26 SECONDS WEST FEET TO EXISTING 1/2 IRON PIN; THENCE NORTH 00 DEGREES 17 MINUTES 04 SECONDS EAST FEET TO AN EXISTING IRON PIN STAMPED PLS 2115; THENCE NORTH 23 DEGREES 01 MINUTE 24 SECONDS EAST FEET TO A POINT ON THE NORTH LINE OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF SECTION 35; THENCE SOUTH 89 DEGREES 06 MINUTES 30 SECONDS EAST FEET TO AN EXISTING IRON PIN STAMPED PLS LC ; THENCE CONTINUING ALONG SAID LINE SOUTH 89 DEGREES 24 MINUTES 29 SECONDS EAST FEET TO THE POINT OF BEGINNING CONTAINING ACRES MORE OR LESS. SUBJECT TO A FOOT ROAD EASEMENT BEING DESCRIBED AS FOLLOWS: A PART OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER AND A PART OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER, BEING IN SECTION 35, TOWNSHIP 23 NORTH, RANGE 22 WEST, BRANSON, TANEY COUNTY, MISSOURI. BEING MORE PARTICULARLY DESCRIBED AS A ROAD EASEMENT BEING FEET IN WITH LYING 40 FEET EACH SIDE OF THE CENTERLINE HEREIN DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTHWEST CORNER OF SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 35; THENCE SOUTH 89 DEGREES 06 MINUTES 30 SECONDS EAST ALONG THE NORTH LINE OF THE SOUTH HALF OF THE SOUTHEAST QUARTER FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED
11 CENTERLINE; THENCE SOUTH 14 DEGREES 36 MINUTES 39 SECONDS WEST DEPARTING SAID NORTH LINE AND ALONG SAID PROPOSED CENTERLINE FEET TO AN EXISTING IRON PIN STAMPED PLS 2115 MARKING THE POINT OF TERMINUS OF THE HEREIN DESCRIBED CENTERLINE; SIDELINES OF DESCRIBED EASEMENT TO BE LENGTHENED AND SHORTENED AT THE APPROPRIATE LINES. SUBJECT TO ANY AND ALL ENCUMBRANCES AND RIGHTS RECORDED OR UNRECORDED. AND, ALSO PARCEL III (AKA LEASE DESCRIPTION TRACT 1) A PART OF THE SOUTHWEST QUARTER OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 22 WEST, BRANSON, TANEY COUNTY, MISSOURI. COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 35; THENCE SOUTH 01 DEGREE 12 MINUTES 09 SECONDS WEST FEET; THENCE NORTH 88 DEGREES 47 MINUTES 51 SECONDS WEST FEET TO THE POINT OF BEGINNING; THENCE SOUTH 26 DEGREES 22 MINUTES 44 SECONDS EAST 7.07 FEET; THENCE SOUTH 54 DEGREES 59 MINUTES 03 SECONDS WEST FEET; THENCE NORTH 26 DEGREES 22 MINUTES 44 SECONDS WEST 7.07 FEET; THENCE NORTH 54 DEGREES 59 MINUTES 03 SECONDS EAST FEET TO THE POINT OF BEGINNING CONTAINING 275 SQUARE FEET MORE OR LESS. SUBJECT TO ANY AND ALL ENCUMBRANCES AND RIGHTS RECORDED OR UNRECORDED. TRACT 2 (AKA SURVEY PARCEL II) A PART OF THE SOUTHWEST QUARTER AND SOUTHEAST QUARTER OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 22 WEST, BRANSON, TANEY COUNTY, MISSOURI. COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 36 BEING MARKED BY AN EXISTING 1/2 IRON PIN; THENCE NORTH 89 DEGREES 24 MINUTES 29 SECONDS WEST ALONG THE NORTH LINE OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF SECTION 35 A DISTANCE OF FEET TO A EN EXISTING IRON PIN STAMPED PLS LC ; THENCE NORTH 89 DEGREES 06 MINUTES 30 SECONDS WEST ALONG SAID LINE FEET TO THE POINT OF BEGINNING; THENCE SOUTH 23 DEGREES 01 MINUTE 24 SECONDS WEST DEPARTING SAID LINE FEET TO AN EXISTING IRON PIN STAMPED PLS 2115; THENCE SOUTH 71 DEGREES 39 MINUTES 15 SECONDS WEST FEET TO AN EXISTING X CHISELED IN CONCRETE; THENCE NORTH 85 DEGREES 45 MINUTES 46 SECONDS WEST FEET TO AN EXISTING IRON PIN STAMPED PLS 1533; THENCE SOUTH 64 DEGREES 39 MINUTES 59 SECONDS WEST FEET; THENCE SOUTH 51 DEGREES 49 MINUTES 27 SECONDS WEST FEET; THENCE NORTH 24 DEGREES 04 MINUTES 00 SECONDS WEST FEET; THENCE NORTH 02 DEGREES 06 MINUTES 00 SECONDS EAST FEET; THENCE SOUTH 80 DEGREES 56 MINUTES 21 SECONDS WEST FEET TO AN EXISTING 1/2 IRON PIN; THENCE NORTH 02 DEGREES 06 MINUTES 08 SECONDS EAST FEET TO A POINT ON THE NORTH LINE OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER; THENCE SOUTH 88 DEGREES 18 MINUTES 41 SECONDS EAST FEET TO THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER; THENCE SOUTH 89 DEGREES 06 MINUTES 30 SECONDS EAST ALONG THE NORTH LINE OF THE SOUTH HALF OF THE SOUTHEAST QUARTER FEET TO THE POINT OF BEGINNING CONTAINING ACRES MORE OR LESS.
12 SUBJECT TO A FOOT ROAD EASEMENT BEING DESCRIBED AS FOLLOWS: A PART OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER AND A PART OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER, BEING IN SECTION 35, TOWNSHIP 23 NORTH, RANGE 22 WEST, BRANSON, TANEY COUNTY, MISSOURI. BEING MORE PARTICULARLY DESCRIBED AS A ROAD EASEMENT BEING FEET IN WITH LYING 40 FEET EACH SIDE OF THE CENTERLINE HEREIN DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTHWEST CORNER OF SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 35; THENCE SOUTH 89 DEGREES 06 MINUTES 30 SECONDS EAST ALONG THE NORTH LINE OF THE SOUTH HALF OF THE SOUTHEAST QUARTER FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED CENTERLINE; THENCE SOUTH 14 DEGREES 36 MINUTES 39 SECONDS WEST DEPARTING SAID NORTH LINE AND ALONG SAID PROPOSED CENTERLINE FEET TO AN EXISTING IRON PIN STAMPED PLS 2115 MARKING THE POINT OF TERMINUS OF THE HEREIN DESCRIBED CENTERLINE; SIDELINES OF DESCRIBED EASEMENT TO BE LENGTHENED AND SHORTENED AT THE APPROPRIATE LINES. SUBJECT TO ANY AND ALL ENCUMBRANCES AND RIGHTS RECORDED OR UNRECORDED.
13 (AKA LEASE DESCRIPTION TRACT 1) A PART OF THE SOUTHEAST QUARTER OF SECTION 35 ALSO BEING A PART OF THE SOUTHWEST QUARTER OF SECTION 36, TOWNSHIP 23 NORTH, RANGE 22 WEST, BRANSON, TANEY COUNTY, MISSOURI. BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 36 BEING MARKED BY AN EXISTING 1/2 IRON PIN; THENCE SOUTH 88 DEGREES 13 MINUTES 11 SECONDS EAST ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER FEET TO AN EXISTING IRON PIN; THENCE SOUTH 23 DEGREES 29 MINUTES 24 SECONDS WEST DEPARTING SAID LINE FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF GRETNA ROAD AS NOW LOCATED; THENCE ALONG A FOOT RADIUS CURVE TO THE RIGHT AND SAID RIGHT-OF-WAY FEET, SAID CURVE HAVING A CHORD BEARING OF SOUTH 81 DEGREES 52 MINUTES 12 SECONDS WEST; THENCE SOUTH 85 DEGREES 47 MINUTES 36 SECONDS WEST ALONG SAID RIGHT-OF-WAY FEET; THENCE ALONG A FOOT RADIUS CURVE TO THE LEFT AND SAID RIGHT-OF-WAY FEET, SAID CURVE HAVING A CHORD BEARING OF SOUTH 27 DEGREES 57 MINUTES 43 SECONDS WEST; THENCE SOUTH 08 DEGREES 49 MINUTES 45 SECONDS EAST ALONG SAID RIGHT-OF-WAY FEET; THENCE ALONG A FOOT RADIUS CURVE TO THE RIGHT AND SAID RIGHT-OF-WAY FEET, SAID CURVE HAVING A CHORD BEARING OF SOUTH 31 DEGREES 59 MINUTES 11 SECONDS WEST TO A POINT ON THE SOUTH LINE OF SECTION 35; THENCE NORTH 87 DEGREES 44 MINUTES 52 SECONDS WEST DEPARTING SAID RIGHT-OF-WAY AND ALONG SAID SOUTH LINE FEET TO AN EXISTING IRON PIN STAMPED JMARK; THENCE NORTH 04 DEGREES 40 MINUTES 31 SECONDS EAST DEPARTING SAID LINE FEET TO AN EXISTING IRON PIN STAMPED PLS 2214; THENCE NORTH 85 DEGREES 46 MINUTES 26 SECONDS WEST FEET TO EXISTING 1/2 IRON PIN; THENCE NORTH 00 DEGREES 17 MINUTES 04 SECONDS EAST FEET TO AN EXISTING IRON PIN STAMPED PLS 2115; THENCE NORTH 23 DEGREES 01 MINUTE 24 SECONDS EAST FEET TO A POINT ON THE NORTH LINE OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF SECTION 35; THENCE SOUTH 89 DEGREES 06 MINUTES 30 SECONDS EAST FEET TO AN EXISTING IRON PIN STAMPED PLS LC ; THENCE CONTINUING ALONG SAID LINE SOUTH 89 DEGREES 24 MINUTES 29 SECONDS EAST FEET TO THE POINT OF BEGINNING CONTAINING ACRES MORE OR LESS. SUBJECT TO A FOOT ROAD EASEMENT BEING DESCRIBED AS FOLLOWS: A PART OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER AND A PART OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER, BEING IN SECTION 35, TOWNSHIP 23 NORTH, RANGE 22 WEST, BRANSON, TANEY COUNTY, MISSOURI. BEING MORE PARTICULARLY DESCRIBED AS A ROAD EASEMENT BEING FEET IN WITH LYING 40 FEET EACH SIDE OF THE CENTERLINE HEREIN DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTHWEST CORNER OF SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 35; THENCE SOUTH 89 DEGREES 06 MINUTES 30 SECONDS EAST ALONG THE NORTH LINE OF THE SOUTH HALF OF THE SOUTHEAST QUARTER FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED CENTERLINE; THENCE SOUTH 14 DEGREES 36 MINUTES 39 SECONDS WEST DEPARTING SAID NORTH LINE AND ALONG SAID PROPOSED CENTERLINE FEET TO AN EXISTING IRON PIN STAMPED PLS 2115 MARKING THE POINT OF TERMINUS OF THE HEREIN DESCRIBED CENTERLINE; SIDELINES OF DESCRIBED EASEMENT TO BE LENGTHENED AND SHORTENED AT THE APPROPRIATE LINES. SUBJECT TO ANY AND ALL ENCUMBRANCES AND RIGHTS RECORDED OR UNRECORDED. (AKA LEASE DESCRIPTION TRACT 2 A PART OF THE SOUTHWEST QUARTER AND SOUTHEAST QUARTER OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 22 WEST, BRANSON, TANEY COUNTY, MISSOURI. COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 36 BEING MARKED BY AN EXISTING 1/2 IRON PIN; THENCE NORTH 89 DEGREES 24 MINUTES 29 SECONDS WEST ALONG THE NORTH LINE OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF SECTION 35 A DISTANCE OF FEET TO A EN EXISTING IRON PIN STAMPED PLS LC ; THENCE NORTH 89 DEGREES 06 MINUTES 30 SECONDS WEST ALONG SAID LINE FEET TO THE POINT OF BEGINNING; THENCE SOUTH 23 DEGREES 01 MINUTE 24 SECONDS WEST DEPARTING SAID LINE FEET TO AN EXISTING IRON PIN STAMPED PLS 2115; THENCE SOUTH 71 DEGREES 39 MINUTES 15 SECONDS WEST FEET TO AN EXISTING X CHISELED IN CONCRETE; THENCE NORTH 85 DEGREES 45 MINUTES 46 SECONDS WEST FEET TO AN EXISTING IRON PIN STAMPED PLS 1533; THENCE SOUTH 64 DEGREES 39 MINUTES 59 SECONDS WEST FEET; THENCE SOUTH 51 DEGREES 49 MINUTES 27 SECONDS WEST FEET; THENCE NORTH 24 DEGREES 04 MINUTES 00 SECONDS WEST FEET; THENCE NORTH 02 DEGREES 06 MINUTES 00 SECONDS EAST FEET; THENCE SOUTH 80 DEGREES 56 MINUTES 21 SECONDS WEST FEET TO A EXISTING 1/2 IRON PIN; THENCE NORTH 02 DEGREES 06 MINUTES 08 SECONDS EAST FEET TO A POINT ON THE NORTH LINE OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER; THENCE SOUTH 88 DEGREES 18 MINUTES 41 SECONDS EAST FEET TO THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER; THENCE SOUTH 89 DEGREES 06 MINUTES 30 SECONDS EAST ALONG THE NORTH LINE OF THE SOUTH HALF OF THE SOUTHEAST QUARTER FEET TO THE POINT OF BEGINNING CONTAINING ACRES MORE OR LESS. SUBJECT TO A FOOT ROAD EASEMENT BEING DESCRIBED AS FOLLOWS: A PART OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER AND A PART OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER, BEING IN SECTION 35, TOWNSHIP 23 NORTH, RANGE 22 WEST, BRANSON, TANEY COUNTY, MISSOURI. BEING MORE PARTICULARLY DESCRIBED AS A ROAD EASEMENT BEING FEET IN WITH LYING 40 FEET EACH SIDE OF THE CENTERLINE HEREIN DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTHWEST CORNER OF SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 35; THENCE SOUTH 89 DEGREES 06 MINUTES 30 SECONDS EAST ALONG THE NORTH LINE OF THE SOUTH HALF OF THE SOUTHEAST QUARTER FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED CENTERLINE; THENCE SOUTH 14 DEGREES 36 MINUTES 39 SECONDS WEST DEPARTING SAID NORTH LINE AND ALONG SAID PROPOSED CENTERLINE FEET TO AN EXISTING IRON PIN STAMPED PLS 2115 MARKING THE POINT OF TERMINUS OF THE HEREIN DESCRIBED CENTERLINE; SIDELINES OF DESCRIBED EASEMENT TO BE LENGTHENED AND SHORTENED AT THE APPROPRIATE LINES. SUBJECT TO ANY AND ALL ENCUMBRANCES AND RIGHTS RECORDED OR UNRECORDED. (AKA LEASE DESCRIPTION TRACT 1) A PART OF THE SOUTHWEST QUARTER OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 22 WEST, BRANSON, TANEY COUNTY, MISSOURI. COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 35; THENCE SOUTH 01 DEGREE 12 MINUTES 09 SECONDS WEST FEET; THENCE NORTH 88 DEGREES 47 MINUTES 51 SECONDS WEST FEET TO THE POINT OF BEGINNING; THENCE SOUTH 26 DEGREES 22 MINUTES 44 SECONDS EAST 7.07 FEET; THENCE SOUTH 54 DEGREES 59 MINUTES 03 SECONDS WEST FEET; THENCE NORTH 26 DEGREES 22 MINUTES 44 SECONDS WEST 7.07 FEET; THENCE NORTH 54 DEGREES 59 MINUTES 03 SECONDS EAST FEET TO THE POINT OF BEGINNING CONTAINING 275 SQUARE FEET MORE OR LESS. SUBJECT TO ANY AND ALL ENCUMBRANCES AND RIGHTS RECORDED OR UNRECORDED. Revisions: PRELIMINARY Civil Engineering Schultz Surveying & Engineering NOT - FOR Lan CONSTRUCTION SCHULTZ SURVEYING & ENGINEERING, INC. MO LICENSE #: Branson Office - ( 417) Southeast Missouri Office - ( 573) Doniphan Office - ( 573) Lake of the Ozarks Office - (573) BOUNDARY SURVEY BALLPARKS OF AMERICA A PART OF SECTIONS 35 & 36 TOWNSHIP 23 NORTH, RANGE 22 WEST BRANSON, TANEY COUNTY, MISSOURI 1-1
14 Exhibit B EXHIBIT B WILL BE REPLACED WITH THE EXECUTED BILL OF SALE BILL OF SALE (Survey Description) KNOW ALL MEN BY THESE PRESENTS, that The City of Branson, a Municipal Corporation, Seller, of Taney County, Missouri, for and in consideration of the sum of One Hundred Dollars and other good and valuable consideration to it in hand paid by Ballparks of Branson, LLC, an Illinois Limited Liability Company, Buyer, the receipt of which is hereby acknowledged, by these presents does bargain and sell unto the said Ballparks of Branson, LLC all of the buildings presently located on the real estate described as: Survey Description: A PART OF THE SOUTHEAST QUARTER OF SECTION 35 ALSO BEING A PART OF THE SOUTHWEST QUARTER OF SECTION 36, TOWNSHIP 23 NORTH, RANGE 22 WEST, BRANSON, TANEY COUNTY, MISSOURI. BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 36 BEING MARKED BY AN EXISTING 1/2 IRON PIN; THENCE SOUTH 88 DEGREES 13 MINUTES 11 SECONDS EAST ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER FEET TO AN EXISTING IRON PIN; THENCE SOUTH 23 DEGREES 29 MINUTES 24 SECONDS WEST DEPARTING SAID LINE FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF GRETNA ROAD AS NOW LOCATED; THENCE ALONG A FOOT RADIUS CURVE TO THE RIGHT AND SAID RIGHT-OF-WAY FEET, SAID CURVE HAVING A CHORD BEARING OF SOUTH 81 DEGREES 52 MINUTES 12 SECONDS WEST; THENCE SOUTH 85 DEGREES 47 MINUTES 36 SECONDS WEST ALONG SAID RIGHT-OF-WAY FEET; THENCE ALONG A FOOT RADIUS CURVE TO THE LEFT AND SAID RIGHT-OF-WAY FEET, SAID CURVE HAVING A CHORD BEARING OF SOUTH 27 DEGREES 57 MINUTES 43 SECONDS WEST; THENCE SOUTH 08 DEGREES 49 MINUTES 45 SECONDS EAST ALONG SAID RIGHT-OF-WAY FEET; THENCE ALONG A FOOT RADIUS CURVE TO THE RIGHT AND SAID RIGHT-OF-WAY FEET, SAID CURVE HAVING A CHORD BEARING OF SOUTH 31 DEGREES 59 MINUTES 11 SECONDS WEST TO A POINT ON THE SOUTH LINE OF SECTION 35; THENCE NORTH 87 DEGREES 44 MINUTES 52 SECONDS WEST DEPARTING SAID RIGHT-OF-WAY AND ALONG SAID SOUTH LINE FEET TO AN EXISTING IRON PIN STAMPED JMARK; THENCE NORTH 04 DEGREES 40 MINUTES 31 SECONDS EAST DEPARTING SAID LINE FEET TO AN EXISTING IRON PIN STAMPED PLS 2214; THENCE NORTH 85 DEGREES 46 MINUTES 26 SECONDS WEST FEET TO EXISTING 1/2 IRON PIN; THENCE NORTH 00 DEGREES 17 MINUTES 04 SECONDS EAST FEET TO AN EXISTING IRON PIN STAMPED PLS 2115; THENCE NORTH 23 DEGREES 01 MINUTE 24 SECONDS EAST FEET TO A POINT ON THE NORTH LINE OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF SECTION 35; THENCE SOUTH 89 DEGREES 06 MINUTES 30 SECONDS EAST FEET TO AN EXISTING IRON PIN STAMPED PLS LC ; THENCE CONTINUING ALONG SAID LINE SOUTH 89 DEGREES 24 MINUTES 29 SECONDS EAST FEET TO THE POINT OF BEGINNING CONTAINING ACRES MORE OR LESS. 1
15 Exhibit B EXHIBIT B WILL BE REPLACED WITH THE EXECUTED BILL OF SALE Said buildings, are sold, in their as is condition with no warranties or representations regarding their condition whatsoever. It is specifically understood, and by acceptance of the Bill of Sale agreed, that this sale does not include the land upon which said buildings are located; that the use of the land upon which said buildings are located is permissive and not adverse; that in the event of the destruction or abandonment of any of said buildings and failure of Buyer or its successor in interest to commence reconstruction and habitation of a building within thirty days, that the ownership of said building shall revert to Seller; that default in a certain Lease between Seller and Buyer, and the failure to cure said default within the time prescribed in said Lease shall result in the reversion of ownership of said buildings to Seller; or upon Buyer s default under any agreement, mortgage, pledge or assignment to any third party, and said third party fails to cure Buyer s default under its lease with Seller, the ownership of said buildings shall revert to City. TO HAVE AND TO HOLD said buildings only under the terms hereinabove described. IN WITNESS WHEREOF, the said Seller has caused this Bill of Sale to be executed on this day of, Attest: Lisa K. Westfall, City Clerk Karen Best, Mayor APPROVED AS TO FORM: Leland L. Gannaway Attorney for City of Branson 2
16 Exhibit B EXHIBIT B WILL BE REPLACED WITH THE EXECUTED BILL OF SALE STATE OF MISSOURI ) ) ss. COUNTY OF TANEY ) On this day of, 2016, before me personally appeared Karen Best, Mayor of the City of Branson to me known to be the person described in and who executed the foregoing instrument, and acknowledged that she executed the same in her capacity as the Mayor of the City of Branson and by and with the authority of the Board of Aldermen of said city. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day and year last above written. My Commission Expires: Notary Public 3
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