ORDINANCE NO. 060902
Declaring the Bellerive
Associates, LP, to be in default of its obligations under the Bellerive 353
Development Plan and Redevelopment Contract; terminating said Contract and the
Development Plan; and terminating rights of tax abatement and eminent domain
for the Bellerive Redevelopment Project. (265-S-2)
WHEREAS, the
Bellerive Redevelopment Corporation submitted an application pursuant to
Chapter 353, Revised Statutes of Missouri, for the redevelopment and
rehabilitation of that area generally located on about 1.6 acres generally
located on the west one-half block, Armour Boulevard to 34th Street Terrace at
Warwick Boulevard; and
WHEREAS, by Ordinance
No. 52378, passed January 23, 1981, the Council approved a Development Plan and
authorize the Director of Finance to enter into a contract with the Bellerive
Redevelopment Corporation; and
WHEREAS, the
Bellerive Redevelopment Corporation on April 2, 1982 assigned and released its interest in the aforesaid contract dated March 2, 1981 to Bellerive Associates, a limited partnership; and
WHEREAS, the City
Council on November 10, 1982, passed Ordinance No. 54530, which approved
certain further amendments to the Development Plan of the Bellerive
Redevelopment Corporation and authorized and directed the Director of Finance
of Kansas City to enter into a First Supplementary Contract, dated November 30, 1982; and
WHEREAS, in the
Redevelopment Contract and, by reference, the First Supplementary Contract requires
that the Corporation or its assignees shall render annually to the Director of
Finance during the partial tax relief period its detailed financial report for
the preceding year, examined by a Certified Public Accountant and containing a
certification concerning such examination; and
WHEREAS, the
Redevelopment Corporation and its assignee, Bellevive Associates, LP, have
failed to make these annual reports to the Director of Finance; and
WHEREAS, the City
Plan Commission held a hearing on August 15, 2006, to consider whether Bellerive Associates, LP, should be held in default of its obligations under the
Development Plan and Redevelopment Contract; and
WHEREAS, the City
Plan Commission, after allowing all persons an opportunity to be heard,
recommended that the City Council declare Bellerive Associates, LP to be in
default of its obligations and recommended that the Redevelopment Contract and
the Development Plan be terminated; NOW, THEREFORE,
BE IT ORDAINED BY THE
COUNCIL OF KANSAS CITY:
Section A. That Bellerive
Associates, LP is hereby declared to be in default of its duties and
obligations under the Development Plan and Redevelopment Contract.
Section B. That the
Council hereby terminates the Bellerive Redevelopment Contract with Bellerive
Associates, LP and terminates the Bellerive Development Plan.
Section C. That all
rights of the Bellerive Associates, LP to tax abatement and eminent domain for
said Development Plan are hereby terminated and are declared null and void and
the Director of Finance is hereby authorized and directed to take all steps
necessary for the execution and recordation of such declarations in accordance
with this ordinance.
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Approved
as to form and legality:
_____________________________
Heather
A. Brown
Assistant City Attorney