2009-12-07 Regular Council Session

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INTRODUCED BY_____________ DATE:__________________ BOARD BILL NO. __________ ORDINANCE NO. ________ AN ORDINANCE APPROVING A REDEVELOPMENT AGREEMENT IN CONNECTION WITH THE KINGSLAND WALK REDEVELOPMENT PLAN & PROJECT. WHEREAS, the City has approved the Kingsland Walk Redevelopment Plan & Project (the “Plan”) pursuant to the Tax Increment Allocation Redevelopment Act, Sections 99.800 to 99.865 of the Revised Statutes of Missouri, as amended; and WHEREAS, the City desires to enter into a redevelopment agreement with Metropolitan Development-Kingsland Walk, LLC (the “Developer”) with regard to the redevelopment of the Redevelopment Area described in the Plan; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF UNIVERSITY CITY, MISSOURI, AS FOLLOWS: Section 1 : The City Council finds and determines that it is necessary and desirable to enter into an agreement with the Developer to implement the Plan and the redevelopment projects described therein. The Mayor is hereby authorized and directed to execute, on behalf of the City, the Redevelopment Agreement between the City and the Developer, and the City Clerk is hereby authorized and directed to attest to the Redevelopment Agreement and to affix the seal of the City thereto. The Exhibit A Redevelopment Agreement shall be in substantially the form attached hereto as , which Redevelopment Agreement is hereby approved by the City Council, with such changes therein as shall be approved by the officers of the City executing the same. Section 2: The officers, agents and employees of the City are hereby authorized and directed to execute all documents and take such steps as they deem necessary and advisable in order to carry out and perform the purpose of this Ordinance. Section 3: The sections of this Ordinance shall be severable. If any section of this Ordinance is found by a court of competent jurisdiction to be invalid, the remaining sections shall remain valid, unless the court finds that: (i) the valid sections are so essential to and inseparably connected with and dependent upon the void section that it cannot be presumed that the City Council has or would have enacted the valid sections without the void ones; and (ii) the valid sections, standing alone, are incomplete and are incapable of being executed in accordance with the legislative intent. Section 4: This Ordinance shall be in full force and effect from and after the date of its passage by the City Council and approval by the Mayor; provided, if the Developer has not executed the Redevelopment Agreement within 15 days after such date, all rights conferred by this Ordinance on the Developer shall terminate and the City may designate another entity as developer of the Redevelopment Area.