KC Skyline

City Clerk Web Search

Search the Ordinances:

Legislation #: 130769 Introduction Date: 10/3/2013
Type: Ordinance Effective Date: none
Sponsor: COUNCILMEMBER REED AND COUNCILMEMBER CURLS
Title: Approving the assignment of certain development rights with respect to a portion of the Beacon Hill Development Plan, by and among Beacon Hill Redevelopment Corporation, Hospital Hill Economic Development Corporation, and 27th _ Troost Redevelopment Corporation; releasing Beacon Hill Redevelopment Corporation as it relates to certain development rights; and authorizing execution of an Assignment and Assumption Agreement among Beacon Hill Redevelopment Corporation, Hospital Hill Economic Development Corporation, 27th _ Troost Redevelopment Corporation and the City of Kansas City, Missouri.

Legislation History
DateMinutesDescription
10/3/2013 Filed by the Clerk's office
10/3/2013 Referred to Planning, Zoning & Economic Development Committee
10/9/2013 Hold On Agenda (10/16/2013)
10/16/2013 Do Pass as a Committee Substitute
10/17/2013 Assigned Third Read Calendar as Substituted
10/24/2013 Passed as Substituted

View Attachments
FileTypeSizeDescription
130769.pdf Authenticated 385K Authenticated
http://kansascity.granicus.com/ViewSearchResults.php?view_id=2&keywords=130769 Video Link 0K http://kansascity.granicus.com/ViewSearchResults.php?view_id=2&keywords=130769
130769 Fact Sheet.pdf Fact Sheet 143K Fact Sheet

Printer Friendly Version

COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 130769

 

Approving the assignment of certain development rights with respect to a portion of the Beacon Hill Development Plan, by and among Beacon Hill Redevelopment Corporation, Hospital Hill Economic Development Corporation, and 27th & Troost Redevelopment Corporation; releasing Beacon Hill Redevelopment Corporation as it relates to certain development rights; and authorizing execution of an Assignment and Assumption Agreement among Beacon Hill Redevelopment Corporation, Hospital Hill Economic Development Corporation, 27th & Troost Redevelopment Corporation and the City of Kansas City, Missouri.

WHEREAS, Beacon Hill Redevelopment Corporation, an urban redevelopment
corporation of Missouri, organized under and pursuant to the Urban Redevelopment Corporations Act of 1945, as amended, did file with the City Clerk an application for approval of a development plan ("Development Plan"), which was approved by the City Council by Committee Substitute for Ordinance No. 020442, passed May 23, 2002 (the "Ordinance"), and said Ordinance also authorized a redevelopment contract between the City and
Beacon Hill Redevelopment Corporation ("Redevelopment Contract"); and

WHEREAS, the Redevelopment Contract was executed between the City of Kansas City, Missouri, and Beacon Hill Redevelopment Corporation which Redevelopment Contract was recorded in Jackson County Department of Records as Document No. 2004K0055517; and

WHEREAS, Beacon Hill Redevelopment Corporation proposed an Amended and Restated Development Plan (“Amended Development Plan”) which was approved by the City Council by Ordinance No. 090947, passed December 13, 2009; and

WHEREAS, an Amended Redevelopment Contract was executed between the City of Kansas City, Missouri and Beacon Hill Redevelopment Corporation, which Amended Redevelopment Contract was recorded in Jackson County Department of Records as Document No. 2010E0030903 (“Amended Redevelopment Contract”); and

WHEREAS, the Amended Development Plan contemplates that Beacon Hill Redevelopment Corporation will develop the Redevelopment Area in six stages, Phase 1B of which in part addresses the development of a Grocery Store in that area of Beacon Hill between 26th Street on the North, 27th Street on the South, Tracy on the East and Troost Avenue on the West (“Grocery Store Property”); and

WHEREAS, Hospital Hill Economic Development Corporation, an affiliate of 27th & Troost Redevelopment Corporation, is the current owner of the Grocery Store Property; and

WHEREAS, the Redevelopment Contract and Amended Redevelopment Contract (collectively hereinafter “Redevelopment Contract”) provide 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, on February 28, 2013, Beacon Hill Developers, LC entered into a letter agreement with Hospital Hill Economic Development Corporation relating to the development of the Grocery Store Project on the Grocery Store Property and the assignment of development rights to Hospital Hill Economic Development Corporation (or affiliated redevelopment corporation) subject to payment of a development fee to Beacon Hill Developers, LC by Hospital Hill Economic Development Corporation (or affiliate); and

WHEREAS, Hospital Hill Economic Development Corporation’s affiliate (Truman Medical Center) has formed 27th & Troost Redevelopment Corporation for the purpose of developing the Grocery Store Project; and

WHEREAS, Beacon Hill Redevelopment Corporation, Hospital Hill Economic Development Corporation and 27th & Troost Redevelopment Corporation now desire to assign and transfer all of the rights, obligations and interests in the Development Plan and Amended Development Plan (collectively hereinafter “Development Plan”) as to the Grocery Store Property in accordance with the Redevelopment Contract to 27th & Troost Redevelopment Corporation, pursuant to an Assignment and Assumption Agreement; NOW, THEREFORE,

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. That the assignment of Beacon Hill Redevelopment Corporation to 27th & Troost Redevelopment Corporation of all rights, title and obligations and interest in the Development Plan and in accordance with the Redevelopment Contract as it relates to the Grocery Store Property which is legally described as:

 

Tract 1: Lots 1 and 2, Block 7, Beacon Hill, except that part in Troost Avenue, a subdivision in Kansas City, Jackson County, Missouri, according to the recorded plat thereof.

 

Tract 2: Lots 3 and 4, and the North 20 feet of Lot 5, except that part in Troost Avenue, Block 7, Continuation of Beacon Hill, a subdivision in Kansas City, Jackson County, Missouri, according to the recorded plat thereof.

 

Tract 3: Lot 6 and the South 30 feet of Lot 5, except that part in Troost Avenue, Block 7, Continuation of Beacon Hill, a subdivision in Kansas City, Jackson County, Missouri, according to the recorded plat thereof.

 

Tract 4: The South 10 feet of Lot 19 and the North 40 feet of Lot 18, Block 7, Beacon Hill, a subdivision in Kansas City, Jackson County, Missouri, according to the recorded plat thereof.

 

Tract 5: Lots 13 and 14 and the South 35 feet of Lot 15, Block 7, Beacon Hill, a subdivision in Kansas City, Jackson County, Missouri, according to the recorded plat thereof.

 

Tract 6: Lot 7, the North 28 feet of Lot 8 and the East 60 feet of the North 19 feet of the South 41 feet of Lot 8, except the West 10 feet thereof in Troost Avenue, Block 7, Continuation of Beacon Hill, a subdivision in Kansas City, Jackson County, Missouri, according to the recorded plat thereof.

 

Tract 7: The South 22 feet of Lot 8, all of Lot 9 and the North 28 feet of Lot 10, Block 7, Continuation of Beacon Hill, a subdivision in Kansas City, Jackson County, Missouri, except that part in Troost Avenue, according to the recorded plat thereof.

 

Tract 8: The South 22 feet of Lot 10, all of Lot 11 and the North 28 feet of Lot 12, Block 7, except the West 10 feet thereof in Troost Avenue, Continuation of Beacon Hill, a subdivision in Kansas City, Jackson County, Missouri, except that part taken for widening of Troost Avenue, according to the recorded plat thereof.

 

Tract 9: The North 40 feet of Lot 17 and the South 10 feet of Lot 18, Block 7, Beacon Hill, a subdivision in Kansas City, Jackson County, Missouri, according to the recorded plat thereof.

 

Tract 10: The North 15 feet of Lot 15, all of Lot 16 and the South 10 feet of Lot 17, Block 7, Beacon Hill, a subdivision in Kansas City, Jackson County, Missouri, according to the recorded plat thereof.

 

Tract 11: All of Lots 23 and 24, Block 7, Beacon Hill, a subdivision in Kansas City, Jackson County, Missouri, according to the recorded plat thereof.

 

Tract 12: The North 20 feet of Lot 21 and Lot 22, Block 7, Beacon Hill, a subdivision in Kansas City, Jackson County, Missouri, according to the recorded plat thereof.

 

Tract 13: Lot 20 and South 30 feet of Lot 21, Block 7, Continuation of Beacon Hill, a subdivision in Kansas City, Jackson County, Missouri, according to the recorded plat thereof.

 

Tract 14: The North 40 feet of Lot 19, Block 7, Beacon Hill, a subdivision in Kansas City, Jackson County, Missouri, according to the recorded plat thereof.

 

is hereby approved contingent upon payment of the development fee owed to Beacon Hill Developers, LC under that certain letter agreement dated February 28, 2013.

 

Section 2. That the City accepts and acknowledges 27th & Troost Redevelopment Corporation 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 relating to the Grocery Store Property of the Beacon Hill Redevelopment Project which Beacon Hill Redevelopment Corporation now owns or to which in the future Beacon Hill Redevelopment Corporation may become entitled.

 

Section 3. That for and with respect to the Development Plan and Redevelopment Contract as they relate to the Grocery Store Property of the Beacon Hill Redevelopment Project, the full rights with respect thereto shall be vested in 27th &Troost Redevelopment Corporation, 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 Grocery Store Property of the Beacon Hill Redevelopment Project for the purpose of development of the Grocery Store Project on the Grocery Store Property.

 

Section 4. That Beacon Hill Redevelopment Corporation is hereby released and discharged of its rights and obligation of the Development Plan and under the Redevelopment Contract, for the property legally described above in Section 1. Beacon Hill Redevelopment Corporation is not released from any liability for actions prior to the effective date of the assignment.

 

Section 5. That the Director of Finance is hereby authorized to execute the Assignment and Assumption Agreement, approved in substantial form to that which is on file with the Director of Finance, with Beacon Hill Redevelopment Corporation, Hospital Hill Economic Development Corporation, and 27th & Troost Redevelopment Corporation.

 

Section 6. That the Assignment and Assumption Agreement provided for under this Ordinance shall not become effective until such time as the service of a joint notice of payment of the Development Fee signed on behalf of Assignor and Assignee and delivered to the City Clerk and the Director of City Development.

 

Section 7. That 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:

 

 

Brian T. Rabineau

Assistant City Attorney