Printer Friendly Version
ORDINANCE NO. 041039
Approving
the assignment of certain development rights with respect to Phase 2B of the
Beacon Hill Project by Beacon Hill Redevelopment Corporation to Residences at
West Paseo, L.P.; releasing Beacon Hill Redevelopment Corporation as it relates
to those certain development rights and authorizing execution of an Assignment
and Assumption Agreement with Beacon Hill Redevelopment Corporation, Residences
at West Paseo, L.P., and the City of Kansas City, Missouri.
WHEREAS,
the Beacon Hill Redevelopment Corporation, an urban redevelopment corporation
of Missouri, organized under and pursuant to the Urban Redevelopment
Corporation Act of 1945, as amended, did file with the City Clerk an
application for approval of the Development Plan which was approved by the City
Council by Ordinance No. 020442, passed May 23, 2002, and said ordinance also
authorized a contract between the City and Beacon Hill Redevelopment
Corporation (hereinafter referred to as Redevelopment Contract); and
WHEREAS,
the Redevelopment Contract, dated July 23, 2002, was executed between the City
of Kansas City, Missouri, and the Beacon Hill Redevelopment Corporation which
Contract was recorded in the Jackson County Department of Records as Document
No. 2004K0055517, on August 17, 2004; and
WHEREAS,
the Development Plan includes six phases: Phase 2B provides for the
rehabilitation of the Robinson Hospital; and
WHEREAS,
the Housing and Economic Development Financial Corporation (HEDFC) is the
current owner of a portion of the property located within the redevelopment
area and Residences at West Paseo, L.P., desires to acquire the property from
HEDFC to develop a forty-six unit, independent living, senior apartment
building; and
WHEREAS,
the Redevelopment Contract provides that no assignment of the rights and
obligations contained therein can be made releasing Beacon Hill Redevelopment
Corporation without the approval of the City; and
WHEREAS,
Beacon Hill Redevelopment Corporation now desires to assign and transfer its
rights, obligations and interests in Phase 2B of the Development Plan in
accordance with the Redevelopment Contract to Residences at West Paseo, L.P.,
pursuant to an Assignment and Assumption Agreement for Chapter 353 Development
Rights and Obligations; NOW, THEREFORE,
BE
IT ORDAINED BY THE COUNCIL OF KANSAS CITY:
Section
1. That the assignment of Beacon Hill Redevelopment Corporation to Residences
at West Paseo, L.P. of all of its rights, title, obligations and interest in
and to Phase 2B of the Development Plan and in accordance with the
Redevelopment Contract as it affects all of the
property
located in Phase 2B legally described as:
All of Lots 1 to 8, inclusive, in Block 4, of Porter
Park, a subdivision in Kansas City, Jackson County, Missouri, according to the
recorded plat thereof; also all of the vacated tract of land fifteen and
seven-tenths in width East of and adjoining said lots in Block 4; also part of
the Southeast 1/4 of the Southwest 1/4 of Section 9, Township 49, Range 33,
particularly described as follows: Beginning at the intersection of the East
line of the vacated tract of land referred to above and the Easterly prolongation
of the South line of Lot 8 Block 4 Porter Park, thence North along the East
line of said vacated tract to the Easterly prolongation of the North line of
Block 4 in Porter Park; thence East 128 feet to the Westerly line of the Paseo
extension as established by Ordinance 15234; thence South along the West line
of said Paseo extension to the Easterly prolongation of the South line of Lot 8
Block 4 Porter Park, being 128 feet East to the West line of said 1/4 1/4
section, thence West 128 feet to the point of beginning (except that part of
said tract now a part of the Paseo as established by Ordinance No. 13067 and
15234.)
is
hereby approved. A copy of said Assignment and Assumption Agreement is attached
hereto and incorporated herein by reference.
Section
2. The City accepts and acknowledges Residences at West Paseo, L.P. as the
assignee of Beacon Hill Redevelopment Corporation's rights, title and interest
in and to any and all governmental approvals and development rights,
redevelopment rights, certificates of necessity, rights under any condemnation
proceedings, tax abatements, development plans and any and all rights under the
Development Plan and the Redevelopment Contract for Phase 2B which Beacon Hill
Redevelopment Corporation now owns or to which in the future Beacon Hill
Redevelopment Corporation may become entitled to with respect to Phase 2B.
Residences at West Paseo, L.P. shall have no obligation as to any phase not
assigned.
Section
3. For and with respect to the Development Plan and Redevelopment Contract, the
full rights with respect thereto as to Phase 2B shall be vested in Residences
at West Paseo, L.P., including the rights to further amend the Development Plan
and enter into any supplementary contracts to the Redevelopment Contract for
and with respect to the Redevelopment Project for Phase 2B.
Section
4. That Beacon Hill Redevelopment Corporation is hereby released and discharged
of its rights and obligations with respect to Phase 2B of the Development Plan
and under the Redevelopment Contract, for the property legally described above
in Section 1, accruing after the effective date of this ordinance. Beacon Hill
Redevelopment Corporation is not released from any liability for actions prior
to the effective date of this ordinance.
Section
5. That the Director of Finance is hereby authorized to execute the Assignment
and Assumption Agreement, attached hereto, with the Beacon Hill Redevelopment
Corporation and Residences at West Paseo, L.P.
Section
6. All other rights, duties and obligations of Beacon Hill Redevelopment
Corporation, not affected by the Assignment and Assumption Agreement, shall
remain in full force and effect.
_____________________________________________
Approved
as to form and legality:
___________________________________
Heather
A. Brown
Assistant
City Attorney