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Legislation #: 070037 Introduction Date: 1/4/2007
Type: Ordinance Effective Date: none
Sponsor: COUNCILMEMBER EDDY
Title: Authorizing the City Manager to execute a cooperative and purchase agreement with the Port Authority of Kansas City, Missouri, for the development and conveyance of the property formerly known as the Richards-Gebaur Air Force Base; authorizing certain other necessary documents and actions; and repealing certain sections of Committee Substitute for Ordinance No. 051422.

Legislation History
DateMinutesDescription
1/4/2007 Filed by the Clerk's office
1/4/2007 Referred to Finance and Audit Committee
1/10/2007 Hold On Agenda (1/17/2007)
1/17/2007 Hold Off Agenda
2/14/2007 Advance and Do Pass, Debate
2/15/2007 Passed

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070037.pdf Authenticated 121K Authenticated

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ORDINANCE NO. 070037

 

Authorizing the City Manager to execute a cooperative and purchase agreement with the Port Authority of Kansas City, Missouri, for the development and conveyance of the property formerly known as the Richards-Gebaur Air Force Base; authorizing certain other necessary documents and actions; and repealing certain sections of Committee Substitute for Ordinance No. 051422.

WHEREAS, the City owns certain real property formerly known as the Richards-Gebaur Air Force Base (the Property), acquired from the United States of America, acting through the Federal Aviation Administration, in part under the Formerly Used Defense Sites program and, acting through the Secretary of the Air Force, in part under the Base Realignment and Closure program; and

 

WHEREAS, on December 12, 2002, the City Council passed Committee Substitute for Resolution No. 021453, pursuant to which the City Council directed the City Manager and the Port Authority of Kansas City, Missouri to work to develop an appropriate financing method for the Authoritys acquisition of the Property and subsequent development of the Property (the Project); and

 

WHEREAS, as part of an overall plan to enable the Authority to acquire the Property and proceed with the development of the Property, the Authority, through a competitive selection process for a private master developer, has selected CenterPoint Realty Services Corporation, an Illinois corporation (CenterPoint), to develop portions of the Property; and

 

WHEREAS, the City currently leases certain portions of the Property and intends to assign those leases; and

 

WHEREAS, to facilitate the proposed development, the Authority and CenterPoint will enter into a development and sale agreement, whereby the CenterPoint will purchase the portions of the property and develop them on the terms and conditions set out in the agreement; and

 

WHEREAS, on December 15, 2005, the City Council passed Committee Substitute for Ordinance No. 051422 which authorized, in part, the City managers execution of a then proposed cooperative agreement and a then proposed development and sale agreement; and

 

WHEREAS, since them, certain material terms of these agreements have changed; and

 

WHEREAS, the Authority and the City desire to enter into a cooperative and purchase agreement in order to establish a process whereby the Property will be acquired and development of the Property will proceed; NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That Sections 1 and 2, the second Section 3 and Section 4 of Committee Substitute for Ordinance No. 051422 are hereby repealed.

 

Section 2. That the City hereby approves the Project as outlined in the proposed cooperative and purchase agreement and the proposed development and sale agreement, subject to the receipt of all required approvals.

Section 3. That the City Manager is authorized to execute, on behalf of the City, a cooperative and purchase agreement with the Port Authority of Kansas City, Missouri, for the development and conveyance of the Property formerly known as the Richards-Gebaur Air Force Base. The agreement is approved in substantial form as that on file in the office of the City Manager, subject to the receipt of all required approvals.

 

Section 4. That the City Manager is hereby authorized to execute, on behalf of the City, such documents, certificates and instruments as may be necessary or desirable to carry out and comply with the intent of this ordinance and to implement the transactions contemplated under the Cooperative Agreement, the development agreement, including the assignment of leases to the Authority, any necessary lease amendments and a bill of sale for personal property being conveyed with the real property.

 

Section 5. The City and its officers, agents and employees are hereby authorized and directed to, take such further action as may be necessary or desirable to carry out and comply with the intent of this ordinance and to implement the transactions contemplated under the Cooperative Agreement and the development agreement, including the transfer of all security deposits under the existing leases, any prepaid rental under the leases (pro-rata) and additional documents required by the Authority or title company to complete the conveyance of fee simple title to the property to the Authority.

 

____________________________________________

 

Approved as to form and legality:

 

 

_______________________________

Heather A. Brown

Assistant City Attorney