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Legislation #: 180810 Introduction Date: 10/18/2018
Type: Ordinance Effective Date: none
Sponsor: COUNCILMEMBER JUSTUS
Title: Authorizing the City Manager to execute an amendment to the Chapter 353 Redevelopment Contract for the Second and Delaware Chapter 353 Development Plan.

Legislation History
DateMinutesDescription
10/17/2018 Filed by the Clerk's office
10/18/2018 Referred to Planning, Zoning & Economic Development Committee
10/24/2018 Advance and Do Pass, Debate
10/25/2018 Passed

View Attachments
FileTypeSizeDescription
180810.pdf Authenticated 69K Authenticated
contract.docx Agreement 31K Contract Amendment

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ORDINANCE NO. 180810

 

Authorizing the City Manager to execute an amendment to the Chapter 353 Redevelopment Contract for the Second and Delaware Chapter 353 Development Plan.

 

WHEREAS, Second and Delaware, LLC submitted to the City, via the Kanas City Chapter 353 Advisory Board (the “Board”), an application for the approval of a development plan which contemplated the redevelopment of a tract of land generally bound by W. and E. Sixth Street on the north, Main Street on the east, W. Second Street on the south, and the Market Station apartment complex on the west (the “Second and Delaware Chapter 353 Development Plan”), with such redevelopment to be undertaken by the Second and Delaware Redevelopment Corporation (the “Developer”), an urban redevelopment corporation organized under and pursuant to the Urban Redevelopment Corporations Law; and

 

WHEREAS, the Second and Delaware Chapter 353 Development Plan provides for redevelopment of a vacant and blighted site into an energy efficient 275-unit multifamily project, and contemplates estimated dates for the achievement of certain project milestones; and

 

WHEREAS, the City Council approved the Second and Delaware Chapter 353 Development Plan and authorized the City Manager to execute the Chapter 353 Redevelopment Contract by adoption of Committee Substitute for Ordinance No. 150331, on June 11, 2015; and

 

WHEREAS, the City and Developer executed the Chapter 353 Redevelopment Contract on or about October 15, 2015; and

 

WHEREAS, the Developer timely commenced construction and was expected to meet the estimated project milestone dates; and

 

WHEREAS, an ongoing legal dispute with the original general contractor ultimately resulted in the cessation of construction for a period of time; and

 

WHEREAS, the Developer has since identified a new general contractor and has again commenced construction on the Project; and

 

WHEREAS, the litigation delays have negatively impacted the Developer’s ability to meet the estimated project milestone dates; and

 

WHEREAS, as the dates were only estimates and construction has resumed, the City Council deems it advisable that the estimated dates within the Chapter 353 Redevelopment Contract should be updated to accurately reflect project milestone dates; and

 

WHEREAS, the Developer proposes to complete construction by the third quarter of 2020, and achieve stabilized occupancy by the second quarter of 2021; NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That the City Manager is authorized to execute an amendment to the Chapter 353 Redevelopment Contract for the purposes of updating the project time schedule as set forth herein.

 

_____________________________________________

 

Approved as to form and legality:

 

 

_______________________________

Brian T. Rabineau

Assistant City Attorney