SECOND COMMITTEE
SUBSTITUTE FOR ORDINANCE NO. 071045, AS AMENDED
Authorizing the City Manager to execute a
Cooperative Agreement with the Performing Arts Community Improvement District,
Kauffman Center for the Performing Arts and PAC Holding, Inc. for the design
and construction of a garage and related facilities for the Performing Arts
Center and the City's convention center; and directing the City Manager to
complete a Public Financing Plan for the purpose of funding the garage
improvements.
BE IT ORDAINED BY THE COUNCIL OF
KANSAS CITY:
Section 1. That the City Manager
is authorized to execute a Cooperative Agreement, on behalf of the City, with
Performing Arts Community Improvement District, Kauffman Center for the
Performing Arts and PAC Holding, Inc. for the construction of a garage and
related facilities for the Performing Arts Center and the City's Convention
Center. The Cooperative Agreement is approved, in substantial form, as that
attached to this ordinance as Exhibit A provided that the
indemnification, reporting, auditing and other appropriate provisions shall
survive the termination of the agreement. Among other things, the Cooperative
Agreement shall contain (a) a provision that the Agreement will be terminated
upon full payment of the bonds subject to automatic renewals, (b) a provision
requiring a guarantee of completion of construction of the Performing Arts
Center by PAC Holding, Inc., and (c) provisions regarding the Parking Plan, as
defined in the Agreement, which are acceptable to all parties to the
Agreement. The Cooperative Agreement shall be executed by April 30, 2008.
Section 2. That the City Manager
is directed to complete preparation of the form of the Public Financing Plan by
May 31, 2008.
Section 3. That the City
Manager is authorized to complete all aspects of the Public Financing Package
by October 31, 2008, as set forth in the Agreement, including approximately
$47,000,000.00 in revenue bonds for the purpose of funding the Garage
Improvements.
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Approved as to form and
legality:
______________________________
Heather
A. Brown
Assistant City Attorney