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<br />WHEREAS, the blighted character of the Redevelopment Area is shown <br />by the study entitled "Data and Analysis on Conditions of Blight for Cates Avenue <br />Redevelopment Area" dated March 19, 2007 submitted by Developer to the City; <br />NOW, THEREFORE, BE IT ORDAINED BY THE COUNCil OF THE CITY OF <br />UNIVERSITY CITY, MISSOURI AS FOllOWS: <br /> <br />Section One. The foregoing recitals are hereby incorporated herein by <br />reference as findings of the City Council. <br /> <br />Section Two. The Redevelopment Area is that certain tract of land being <br />described within Exhibit A attached hereto and incorporated herein by reference. <br /> <br />Section Three. It is hereby determined, found and declared that the <br />Development Plan, attached hereto as Exhibit B and incorporated herein by <br />reference, submitted by Cates Avenue Redevelopment Corporation for the <br />redevelopment of the Redevelopment Area is necessary and in the public <br />interest to remediate the blight determined, found and declared by Ordinance No. <br />6703 [Bill No. 8947] and as such is approved in accordance with provisions of <br />this ordinance. <br /> <br />Section Four. The City Manager of the City of University City is hereby <br />authorized and directed to enter into and deliver on behalf of the City, an <br />agreement by and between said City and the Developer, its successors and <br />assigns, in substantially the same form as set forth in Exhibit C, attached hereto <br />and incorporated herein by reference. In the event of any conflicts or differences <br />between the provisions of the Development Plan and the Development <br />Agreement hereinafter recited, the Development Agreement shall govern and <br />said Development Plan shall be deemed to be amended. <br /> <br />Section Five. The sections of this ordinance shall be severable. In the <br />event any section of this ordinance is found by a court of competent jurisdiction <br />to be invalid, the remaining sections of this ordinance are valid, unless the court <br />finds the valid Sections of this ordinance are so essentially and inseparably <br />connected with, and so dependent upon, the void sections, that it cannot be <br />presumed that the City Council would have enacted the valid sections without the <br />void ones; or unless the court finds that the valid sections, standing alone, are <br />incomplete and are incapable of being executed in accordance with the <br />legislative intent. If any part of this ordinance regarding the rights of Developer <br />are found invalid or unconstitutional, Developer shall thereafter at its election <br />have the right to be released from the Development Agreement herein contained. <br /> <br />Section Six. The provisions of Chapter 353, RSMo. 2000, are <br />incorporated herein by reference. <br />