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:

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Heather A. Brown

Assistant City Attorney