ORDINANCE NO. 190939

Authorizing the Director of General Services to negotiate and execute a Purchase and Sale Agreement to acquire the real property at 1775 Universal Avenue and 6899 Executive Drive, Kansas City, Missouri, for the purchase price of $5,200,000.00, from the Junior College District of Metropolitan Kansas City, Missouri; estimating and appropriating $5,300,000.00 in the General Fund; and recognizing this ordinance as having an accelerated effective date.

WHEREAS, the Junior College District of Metropolitan Kansas City, Missouri (“MCC”) owns two tracts commonly known as 1775 Universal Avenue (sometimes referred to as 6601 Executive Drive) (currently Jackson County, Missouri tax parcel number 13-130-05-02-00-0-00-000) and 6899 Executive Drive (currently Jackson County, Missouri tax parcel number 13-140-02-07-00-000), situated in Kansas City, Missouri, and other real property interests set forth below, presently used as its Business and Technology Campus, consisting of an approximately a 357,613 square foot facility building complex, paved parking, driveways, landscaping, drainage facilities and other improvements (“Campus”);

WHERAS, the City desires to acquire and renovate the Campus for the consolidation of miscellaneous administrative, operational and training facilities serving the Fire Department into a single location;

WHEREAS, it is anticipated that additional funds of approximately $20,000,000 will be needed to renovate the Campus for Fire Department purposes, in stages, as MCC transitions to other space;

WHEREAS, the consolidation of Fire Department services into the Campus will enable other municipal departments to be relocated to other existing facilities, including a move of Neighborhoods and Housing Services Department into the Eastwood Trafficway facility and out of 4400 E. Blue Parkway;

WHEREAS, MCC is willing to enter into a Real Estate Purchase Agreement for the Campus on the condition that the City enter into a lease with the MCC for certain educational facilities on the Campus, for varying terms to enable MCC to continue on-site in portions of the Campus, and to co-exist with the City as renovation is undertaken to convert the Campus to better serve the City’s needs and schedule, to incrementally increase City’s use of the Campus upon such lease conditions as included in the Real Estate Purchase Agreement;

WHEREAS, the City will incur expenses in excess of the purchase price for due diligence costs, including environmental assessments, survey work, and title exam, and other costs associated with such acquisition and determining the feasibility of the Site for the proposed municipal purposes, and initial occupancy of limited portions of the Campus; and

WHEREAS, the MCC Board’s and the City Council’s approval of the Real Estate Purchase Agreement is needed for this transaction to proceed; NOW, THEREFORE,

 BE IT ORDAINED BY THE CITY COUNCIL OF KANSAS CITY:

Section 1. That the Director of the General Services Department, or his designee, is hereby authorized to negotiate and execute on behalf of the City a Real Estate Purchase Agreement substantially in the form of Exhibit A attached hereto (“Contract”), with the final signed form to be maintained on file with the Director of General Services, and such signed form will be controlling, and with the express authorization given to such Director to modify, amend, and extend the terms and conditions of such Contract as deemed appropriate by the Director due to circumstances determined to exist, including accounting for due diligence as to environmental and title conditions, if any, for the purchase of real property comprising the Campus, and legally described below as:

Tract A, EXECUTIVE PARK, Thirteenth Plat, a subdivision in Kansas City, Jackson County, Missouri, according to the recoded plat thereof;

A non-exclusive easement for parking and roadway purposes, as established by easement recorded June 8, 1979, as Document No. No. K409298, in Book K-933, Page 1238, over the following described Tract:

Tract B, EXECUTIVE PARK, Thirteenth Plat, a subdivision in Kansas City, Jackson County, Missouri, according to the recoded plat thereof;

Tract A and Tract AA, EXECUTIVE PARK, Sixth Plat, a subdivision in Kansas City, Jackson County, Missouri, according to the recoded plat thereof

Such Tracts are collectively referred to as the “Site.”

Section 2. That the revenue in the following account in the General Fund is hereby estimated in the following amount:

20-1000-071729-485000 1775 Universal Dr. $5,300,000.00

Section 3. That the amount of $5,300,000.00 is hereby appropriated from the Unappropriated Fund Balance of the General Fund to the following account:

20-1000-071729-E 1775 Universal Dr. $5,300,000.00

Section 4. That the Director of General Services is hereby designated requisitioning authority for Account No. 20-1000-071729-E.

Section 5. That the Director of General Services is hereby authorized to cause the necessary due diligence for determining the feasibility of using the Campus for the proposed municipal purposes, and the preparation, completion and execution of all closing documentation contemplated by such Contract for the benefit and execution by the City. Director of the General Services Department, or his designee, is hereby authorized to execute all closing and other documents related to the acquisition of the Site, and the lease back to the MCC of portions of the Site.

Section 6. It is specifically contemplated as a part of the Contract authorized in Section 1, that the acquisition of the Site pursuant will be completed after receipt and evaluation of: 1) appropriate environmental site assessments, and 2) renovation projections to utilize the Campus for municipal facilities.

Section 7. That this ordinance, relating to the design, repair, maintenance or construction of a public improvement and appropriating money, is recognized as an ordinance with an accelerated effective date as provided by Section 503(a)(3) of the City Charter and shall take effect in accordance with Section 503, City Charter.

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  I hereby certify that there is a balance, otherwise unencumbered, to the credit of the appropriation to which the foregoing expenditure is to be charged, and a cash balance, otherwise unencumbered, in the treasury, to the credit of the fund from which payment is to be made, each sufficient to meet the obligation hereby incurred.

______________________________

Tammy L. Queen

Director of Finance

Approved as to form and legality:

______________________________

Amelia McIntyre

Associate City Attorney