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Legislation #: 141027 Introduction Date: 12/4/2014
Type: Ordinance Effective Date: none
Sponsor: COUNCILMEMBER REED
Title: Approving an amendment to the 353 Redevelopment Contract by and between Beacon Hill Redevelopment Corporation and the City to exclude certain property owned by the Curators of The University of Missouri from the Beacon Hill 353 project and extinguish all master development rights of Beacon Hill Redevelopment Corporation to such property of the Curators; and authorizing the Director of Finance to execute an amendment to the 353 Redevelopment Contract between Beacon Hill Redevelopment Corporation and the City.

Legislation History
DateMinutesDescription
12/4/2014 Filed by the Clerk's office
12/4/2014 Referred to Planning, Zoning & Economic Development Committee
12/10/2014 Advance and Do Pass, Debate
12/11/2014 Passed

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ORDINANCE NO. 141027

 

Approving an amendment to the 353 Redevelopment Contract by and between Beacon Hill Redevelopment Corporation and the City to exclude certain property owned by the Curators of The University of Missouri from the Beacon Hill 353 project and extinguish all master development rights of Beacon Hill Redevelopment Corporation to such property of the Curators; and authorizing the Director of Finance to execute an amendment to the 353 Redevelopment Contract between Beacon Hill Redevelopment Corporation and the City.

 

WHEREAS, Beacon Hill Redevelopment Corporation, a Missouri urban redevelopment corporation organized under the Urban Redevelopment Corporations Law, Chapter 353 of the Revised Missouri Statutes (“Beacon Hill Redevelopment Corporation”) is the master developer of the Beacon Hill neighborhood in Kansas City, Missouri, generally bounded by 22nd Street on the north, 27th Street on the south, Troost Avenue on the west, and The Paseo and Vine Street on the east (the “Redevelopment Area”), pursuant to that certain Amended and Restated Chapter 353 Redevelopment Plan dated December 23, 2009, approved by the City by Ordinance No. 090947, (the “353 Plan”), and that certain Redevelopment Contract by and between BHRC and the City dated March 30, 2010, recorded with the Jackson County, Missouri, Recorder of Deeds on April 2, 2010 as Instrument No. 2010E0030903 (“Redevelopment Contract”); and

 

WHEREAS, the Development Plan provides for the development of single family housing upon that portion of the Redevelopment Area legally described as follows:

 

All of Tracts I and J, Beacon Hill Northwest Quadrant, a subdivision in Kansas City, Jackson County, Missouri, together with all of vacated east 24th Terrace lying between and abutting said Tracts I and J, as vacated by Ordinance No. 120453, recorded July 20, 2012, as Document No. 2012E0077550; also together with all of the vacated alley abutting along a portion of the south line of said Tract J from the southerly prolongation of the west line of the north-south alley next east of Troost Avenue as established by the Plat of Beacon Hill Northwest Quadrant, a subdivision in Kansas City, Jackson County, Missouri, thence west to said alley’s terminus, said terminus being the western most east line of said Tract J, all as vacated by Ordinance No. 130322 recorded July 12, 2013, as Document No. 2013E0072414;

 

and

 

Lot 1, Block 1, Beacon Hill Townhomes, a subdivision in Kansas City, Jackson County, Missouri.

 

(the “Student Housing Property”); and

 

WHEREAS, the City Council has repeatedly expressed its support the construction of a housing and related parking facility (the “Student Housing Project”) to provide housing for students attending the various schools and programs located on the Hospital Hill campus of The Curators of the University of Missouri, a Missouri public corporation, for the benefit of the University of Missouri-Kansas City (the “University”), pursuant to, among others: (i) Resolution No. 120329 adopted by the City Council on April 12, 2012, which expressed Council’s priority support of the Student Housing Project and authorized the City Manager to take all steps necessary to move the Student Housing Project forward; (ii) Committee Substitute for Ordinance No. 120405 adopted by the City Council on May 10, 2012 which authorized the City Manager to execute an agreement with Redeveloper’s affiliate, Beacon Hill Student Housing Developers, L.C., a Missouri limited liability company (“BHSHD”) for the development of the Student Housing Project, as well as to assemble the necessary land for the Student Housing Project; and (iii) Ordinance No. 130324 adopted by the City Council on May 9, 2013, which approved an amendment to a previously approved development plan in District URD to allow for a Student Housing Project (collectively, the “City Authorizations”).

WHEREAS, in connection with the Student Housing Project, BHSHD, an affiliate of Beacon Hill Redevelopment Corporation, and the University entered into that certain Real Estate Purchase Contract dated September 6, 2013 (the “Sale Contract”) concerning the purchase and sale of the Student Housing Property; and

 

WHEREAS, the Sale Contract requires the Redevelopment Contract to be amended to: (i) exclude the Student Housing Property from the Redevelopment Area by amending Exhibit A to the Redevelopment Contract; (ii) extinguish Beacon Hill Redevelopment Corporation’s right to function as the master developer of the Student Housing Property and any improvements constructed thereon; and (iii) release the Student Housing Property and all past, present and future owners of it from all past, present and future obligations and liabilities regarding the Redevelopment Contract, as if the Student Housing Property was originally not included within the boundaries of the Redevelopment Area; and

 

WHEREAS, in furtherance of implementing and City Authorizations and Student Housing Project, Beacon Hill Redevelopment Corporation desires to amend the 353 Agreement, in accordance with the terms of the Sale Contract; NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That an amendment to the Redevelopment Contract to: (i) exclude the Student Housing Property from the Redevelopment Area by amending Exhibit A to the Redevelopment Contract; (ii) extinguish Beacon Hill Redevelopment Corporation’s right to function as the master developer of the Student Housing Property and any improvements constructed thereon; and (iii) release the Student Housing Property and all past, present and future owners of it from all past, present and future obligations and liabilities regarding the Redevelopment Contract, as if the Student Housing Property was originally not included within the boundaries of the Redevelopment Area, is hereby approved.

  

Section 2. That the Director of Finance is hereby authorized to execute the amendment to the Redevelopment Contract Assignment attached hereto, with the Beacon Hill Redevelopment Corporation.

 

Section 3. That all other rights, duties and obligations of Beacon Hill Redevelopment Corporation not affected by the amendment to the Redevelopment Contract shall remain in full force and effect.

 

_____________________________________________

 

Approved as to form and legality:

 

 

___________________________________

Brian Rabineau

Assistant City Attorney