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HomeMy WebLinkAbout2001-108 - Approval of the Gateway Redevelopment PlanBill No. "llt - Ordinance No.'4�W"1�V AN ORDINANCE APPROVING THE GATEWAY REDEVELOPMENT PLAN, INCLUDING THE GRANT AND LOAN REVITALIZATION PROGRAM, AND DESIGNATING THE REDEVELOPMENT AREA; AUTHORIZING A REQUEST FOR PROPOSALS FOR DEVELOPER(S) FOR THE REDEVELOPMENT AREA; AND APPROVING ACTIONS AND DOCUMENTS RELATED THERETO. WHEREAS, the Board of Aldermen of the City of Riverside, Missouri (the "City ") established the Riverside, Missouri Tax Increment Financing Commission (the "Commission ") pursuant to the TIF Act; and WHEREAS, the Real Property Tax Increment Allocation Redevelopment Act, Sections 99.800 to 99.865 of the Revised Statutes of Missouri, as amended (the "TIF Act "), requires the Commission to: (a) hold hearings with respect to proposed redevelopment areas, redevelopment plans and redevelopment projects and amendment to same;(b) vote on the approval of the same; and (c) make its recommendations on the same to the City; and WHEREAS, in compliance with the TIF Act, the Commission considered a redevelopment plan entitled the "Gateway Redevelopment Plan" (the "Redevelopment Plan"), attached as Exhibit A, and the designation of a redevelopment area described in the Redevelopment Plan (the "Redevelopment Area "); and WHEREAS, the Commission, after giving all notices required by the TIF Act, held a public hearing on June 27, 2001 which public hearing was continued to July 11, 2001 and all interested parties had an opportunity to be heard at such hearing and at which the Commission heard and considered all protests and objections concerning the Redevelopment Plan and the Redevelopment Area; and WHEREAS, the public hearing was closed on July 11, 2001; and WHEREAS, changes were made to the plan after the public hearing was closed and as required by Section 99.825, RSMo., notice of such changes was given by mail to each affected taxing district on September 20, 2001 and by publication on September 21, 2001 both of which dates are not less than ten days prior to the adoption of the changes by ordinance; and WHEREAS, the Commission after hearing and considering all protests and objections concerning the Redevelopment Plan and the Redevelopment Area, adopted Resolution No.01 -01, a copy of which is attached as Exhibit B , on October 1, 2001, approving and recommending same to the City; NOW, THEREFORE, BE IT ORDAINED By The Board of Aldermen Of Riverside, Missouri, as follows: Section 1. The City approves the Redevelopment Plan as set forth in the attached Exhibit A and finds that: a. The existing conditions of the Redevelopment Area described in the Redevelopment Plan are a fair depiction of the Redevelopment Area and cause the Redevelopment Area on the whole to be a "blighted area" as defined in the TIF Act. These conditions include: a) inadequate street layout, drainage, sewers and other utilities; b) unsanitary or unsafe conditions; c) deterioration of site improvements; d) and improper platting; b. the Redevelopment Area has not been subject to growth and development through investment by private enterprise and would not reasonably be anticipated to be developed without the adoption of tax increment financing; C. the Redevelopment Plan does not include the initial development or redevelopment of any gambling establishment; d. the Redevelopment Plan conforms to the comprehensive plan for development ofthe City as a whole; e. the estimated dates, which shall not be more than 23 years from the adoption of the ordinance approving each Redevelopment Project, of completion of each Redevelopment Proj ect and retirement of obligations incurred to finance the Redevelopment Project costs have been stated in the Redevelopment Plan; f. a plan has been developed and included in the Redevelopment Plan for the relocation assistance of businesses and residences; g. a cost - benefit analysis showing the economic impact of the Redevelopment Plan has been included in the Redevelopment Plan; and h. the Commission shall report to the Director of Economic Development the information required by the TIF Act relating to any business which relocates to the Redevelopment Area. Section 2. The City approves and designates the Redevelopment Area as a redevelopment area pursuant to the TIF Act. Section 3. As a part of the Redevelopment Plan, the City approves and establishes the Grant and Loan Revitalization Program. It is intended that this program officially commence January 1, 2002 and the City hereby expresses its intent to appropriate $100,000 for the Grant portion of the program and $500,000 for the Loan portion of the program. The Mayor, the City Administrator and the City Attorney are authorized and directed to take such actions and prepare such documents, including but not limited to forms, applications, policy guidelines and other K documents and procedures which would be necessary or desirable in implementing this program and effectuate the intent of this Ordinance; it being the intent of the Board that the actual implementation of this program begin in January 2002. Section 4. The City expects to adopt specific redevelopment project(s) and redevelopment project area(s) within the Redevelopment Area on a project -by- project basis. Section 5. The City authorizes one or more requests for proposals for all or any part of the Redevelopment Area. Section 6. The City approves tax increment financing and provides that: (i) after the total equalized assessed valuation of the taxable real property in each Redevelopment Project Area when so designated exceeds the certified total initial equalized assessed valuation of the taxable real property in such Redevelopment Project Area, the ad valorem taxes and payments in lieu of taxes', if any, arising from the levies' upon taxable real property in such Redevelopment Project Area by taxing districts and tax rates determined in the manner provided in subsection 2 of Section 99.855 of the TIF Act each year after the effective date of the ordinance adopting tax increment financing for such Redevelopment Project Area until the Redevelopment Project Costs pursuant to the Redevelopment Plan have been paid, shall be divided as follows: (a) That portion of taxes levied upon each taxable lot, block, tract, or parcel of real property which is attributable to the initial equalized assessed value of each such taxable lot, block, tract, or parcel of real property in each Redevelopment Project Area when so designated as well as the amount remaining after the reduction of PILOTs pursuant to the Redevelopment Plan shall be allocated to, and when collected shall be paid by the county collector to, the respective affected taxing districts in the manner required by law in the absence of the adoption of tax increment allocation financing; (b) Payments in lieu oftaxes ( defined in the Redevelopment Plan' attributable to the increase in the current equalized assessed valuation of each taxable lot, block, tract, or parcel of real property in each Redevelopment Project Area at the time so designated over and above the initial equalized assessed value of each such unit of property in each Redevelopment Project Area shall be allocated to, and when collected shall be paid to, the municipal treasurer who shall deposit such payment in lieu of taxes into a special fund called the "Special Allocation Fund" of the municipality for the purpose of paying redevelopment costs and obligations incurred in the payment thereof. Payments in lieu of taxes which are due and owing shall constitute a lien against the real 'PILOTS being 50% of the statutorily defined amount and excluding certain levies.. 'As limited by the provisions of the Redevelopment Plan relating to the Initial School Taxes 'Being 50% of the statutorily defined amount and excluding certain levies. estate of the redevelopment project from which they are derived. The municipality may, in the ordinance, pledge the funds in the special allocation fund for the payment of such costs and obligations and provide for the collection of payments in lieu of taxes, the lien of which may be foreclosed in the same manner as a special assessment lien as provided in Section 88.861 RSMo. Unless otherwise required by law, no part of the current equalized assessed valuation of each lot, block, tract, or parcel of property in a Redevelopment Project attributable to any increase above the total initial equalized assessed value of such properties shall be used in calculating the general state school aid formula provided for in Section 163.031 RSMO., until such time as all redevelopment costs have been paid as provided for in the TIF Act. (ii) in addition to the payments in lieu of taxes described in Section 99.845.1(2) of the TIF Act, the total additional revenues from taxes generated by economic activities in a Redevelopment Project Area ( excluding the County's special tax as further detailed in the Redevelopment Plan when so designated, as described in Section 99.845.3 of the TIF Act, shall be allocated as set forth in Section 99.845.3 of the TIF Act and the Redevelopment Plan. Section 7. This Ordinance shall be in force and become effective immediately upon passage of this Ordinance. PASSED AND APPROVED BY THE BOARD OF ALDERMEN OF RIVERSIDE, MISSOURI, THIS � DAY OF Oo,i C1 Lc r' , 2001. 9 Betty Burch, Mayor Attest: 4 EXHIBIT A GATEWAY REDEVELOPMENT PLAN (Attached hereto.) GATEWAY REDEVELOPMENT PLAN RIVERSIDE, MISSOURI ON BEHALF OF THE CITY OF RIVERSIDE, MISSOURI BY: ARMSTRONG TEASDALE LLP 2345 Grand Boulevard, Suite 2000 Kansas City, Missouri 64108 PLAN APPROVED 2001 1 ' CLI ENT S`,6I492',00045U2EDEV.DOC TABLE OF CONTENTS IN TRODUCTION............................................................................... ............................... 1 II. DEFINITIONS ...................................................................................... ..............................3 III. DESCRIPTION OF THE REDEVELOPMENT AREA 6 IV. EXISTING CONDITIONS IN THE REDEVELOPMENT AREA .... ............................... 7 V. PLAN OBJECTIVES ........................................................................... ............................... 7 VI. REDEVELOPMENT PROJECTS ....................................................... ............................... 8 A. Redevelopment Project Objectives .......................................... ............................... 8 B. Infrastructure Redevelopment Project ..................................... ............................... 8 C. Other Potential Redevelopment Projects ................................. ............................... 9 D. Limitations on Redevelopment Project Areas ......................... ............................... 9 E . Redevelopment Activities ........................................................ ............................... 9 1. Acquisition and Clearance ........................................... ............................... 9 2. Relocation Assistance ................................................ ............................... 10 F . General Land Use .................................................................. ............................... 10 G. Additional Controls and Design Criteria ............................... ............................... 10 I General ......................................................................... .............................10 2 Parking ....................................................................... ............................... 11 H. Schedule of Redevelopment Projects ..................................... ............................... 11 I. Grant and Loan Revitalization Program ................................ ............................... 11 VII. COSTS AND FINANCING .............................................................. ............................... I 1 A. Estimated Redevelopment Project Costs ............................... ............................... I 1 B. Source of Funds ..................................................................... ............................... 11 C. Projected Payments in Lieu of Taxes and Economic Activity Taxes ................... 12 1. Payments in Lieu of Taxes ......................................... ............................... 12 2. Economic Activity Taxes ........................................... ............................... 12 3. Special Allocation Fund ............................................. ............................... 13 D. Nature and Term of Obligations ............................................ ............................... 13 E. Evidence of Commitments to Finance ................................... ............................... 13 VIII. ECONOMIC BENEFIT ANALYSIS .................................................. .............................13 IX. DISBURSEMENTS FROM SPECIAL ALLOCATION FUND ...... ............................... 14 X. PROCEDURES FOR PAYMENTS TO THE SPECIAL ALLOCATION FUND .......... 15 1. Documentation of Economic Activity Taxes by Taxpayers ..................... 15 2. Certification by TIF Commission .............................. ............................... 15 3. Presentation to Taxing Districts ................................. ............................... 15 4. Deposit of Funds . ................................................................ I..................... 16 XI. REQUIRED STATUTORY FINDINGS ........................................... ............................... 16 XII. PROVISIONS FOR AMENDING THIS PLAN ............................... ............................... 16 XIII. TERMINATION OF TAX INCREMENT FINANCING ................. ............................... 16 ii iii LIST OF EXHIBITS EXHIBIT A General Location and Boundaries of the Redevelopment Area EXHIBIT B Legal Description of Redevelopment Area EXHIBIT C Blight Study EXHIBIT D List of Owners and 2000 Assessed Values EXHIBIT E Relocation Plan EXHIBIT F Conceptual Development Plan EXHIBIT G Statutory Findings EXHIBIT H Developer Affidavit EXHIBIT I Portion of City Master Plan Applicable to Redevelopment Plan EXHIBIT J Cost Benefit Analysis and Estimated TIF Revenues EXHIBIT K Plan of Acquisition of Property by Use of Eminent Domain EXHIBIT L Grant and Loan Revitalization Program iii I. INTRODUCTION The Gateway Redevelopment Plan (this "Plan') contemplates the redevelopment of approximately 300 acres (the "Redevelopment Area ") in the City of Riverside, Missouri, a city of the fourth -class (the "City "). The Redevelopment Area is located generally in that area bounded on the southwest by the north line of Highway 9, going north and northeast along Vivion Road to the Vivion Road/Gateway intersection, including all those properties east of Vivion Road and west of Line Creek; from such intersection, extending north along Gateway, including those properties adjacent to and in the vicinity west of Gateway and those properties between Gateway and Line Creek, to the City limits; from such intersection extending east along Vivion Road, including the properties adjacent to and in the vicinity south of Vivion Road, to the City limits; and from such intersection extending south and southeast along Gateway/NW Platte Road, including those properties adjacent to and in the vicinity east of Gateway, to the City limits. A map showing the general location and boundaries of the Redevelopment Area is attached as Exhibit A and the legal description of the Redevelopment Area is attached as Exhibit B. This Plan is adopted pursuant to the Real Property Tax Increment Allocation Redevelopment Act, Missouri Revised Statutes, Section 99.800 through 99.865 (the "Act "). The Act enables cities and counties to finance redevelopment costs based on the revenue generated from: (1) payments in lieu of taxes, as measured by the net increase in assessed valuation resulting from new development ( "PILOTS "); and (2) a portion of the increase in certain other local tax revenue associated with new economic activity ( "EATS "). The Redevelopment Area on the whole has not been subject to growth and development through investment by private enterprise, and would not reasonably be anticipated to be developed without the adoption of this Plan. This Plan conforms to the comprehensive plan for the development of this portion of the City, as well as for the City as a whole. Tax increment financing ( "TIF ") is premised on the theory that by attracting new private development with needed public improvements, the assessed valuation in a redevelopment area should increase, thereby generating new tax revenue. The anticipated development and the generation of new tax revenues would not occur but for the adoption of TIF and the use of TIF revenues to finance such public improvements. Upon adoption of a redevelopment plan and approval of a redevelopment project area, the assessed value of the real estate in the redevelopment project area is frozen at its then present level. By applying the real estate tax rate of the taxing districts having taxing power within the redevelopment project area to the increased assessed valuation resulting from redevelopment, a tax "increment," the difference between the new value and the frozen value, is produced. For purposes of this Plan only, 50% of the real estate tax increments are referred to as "payments in lieu of taxes," or "PILOTS," and are deposited in a special allocation fund; provided however, for purposes of calculating PILOTs under this Plan, the tax levy of the School District shall not exceed the Initial Tax Rate and amounts attributable to the then current School District tax levy being in excess of the Initial Tax Levy shall not be considered PILOTs but rather real estate taxes distributed to the School District. In addition to PILOTS, fifty percent of certain local taxes generated by new economic activities in the redevelopment project area, such as sales taxes and taxes on utility gross receipts, referred to as EATS, are deposited in the special allocation fund; provided, however for the purposes of this Plan, EATS do not include the County's ten year sales tax of .5% for the specific purpose of parks, recreation and stormwater control in effect on the date hereof. The PILOTS and EATS are then used to pay for bonds issued to finance Reimbursable Project Costs and/or to reimburse the City and developer for Reimbursable Project Costs. The Redevelopment Area qualifies as a blighted area under the Act, by reason of a) inadequate street layout, drainage, sewers and other utilities; b) unsanitary and unsafe conditions; c) deterioration of improvements, and d) improper platting. The existence of the blighting conditions has and continues to retard growth of the Redevelopment Area as a whole and constitutes an economic liability and a threat to the public health and safety of the Redevelopment Area in its present condition. The blighting factors of the Redevelopment Area are more fully discussed in Section IV below and the Blight Study attached as Exhibit C. This Plan proposes one or more activities ( "Redevelopment Project ") to eliminate the blighting influences which are present in the Redevelopment Area. The Redevelopment Projects may include infrastructure improvements and/or commercial, retail and /or general business development. Infrastructure improvements may include but are not limited to streets, curbs, sidewalks and gutter construction, water system extension and improvements, sewer system extension, and improvements and property acquisition. Specified Redevelopment Projects will be considered and designated on a project -by- project basis. This Plan allocates PILOTS and EATS generated within the Redevelopment Project Areas to pay Reimbursable Project Costs. The current assessed value of the Redevelopment Area is as set forth on Exhibit D. As a part of the initial adoption of this Plan, the City will establish the Grant and Loan Revitalization Program in addition to traditional Tax Increment Financing Assistance. It is anticipated that this program will increase tax bases and assist in the removal of blight from the Redevelopment Area. The only approved Reimbursable Project Costs at the initial adoption of this Plan are the City and TIF Commission Redevelopment Project Costs in preparing and administering this Plan. Attached as Exhibit J is the Cost Benefit Analysis and Estimated TIE Revenues. No Redevelopment Project Areas are being designated as a part of the initial adoption of this Plan. A cost benefit analysis and estimated TIF Revenues for each Redevelopment Project Area will be included as a part of this Plan as each Redevelopment Project Area is designated on a case -by -case basis. The following Policy Statement applies with respect to this Plan: The City recognizes the importance to the School District, as well as other Taxing Districts, of maintaining and enhancing their respective tax bases. The School District recognizes the importance to the City of encouraging development and the removal of blight which, in turn, increases the tax base of the School District. In connection with the Redevelopment Plan, PILOTS will only be used to the extent necessary to accomplish a Redevelopment Project which demonstrates financial and economic need such that the Redevelopment Project would not otherwise go forward and be viable. PILOTS will not be used when they are no longer necessary. Further, prior to approval, each and every Redevelopment Project under this Plan will come before the TIF Commission and the City for consideration and as a part of such consideration, information will be presented which (i) demonstrates the financial and economic need that such Redevelopment Project would 2 not otherwise go forward and be viable, and (ii) estimates the amount of TIF Revenues necessary for the Redevelopment Project. For the purpose of redeveloping the Redevelopment Area, the City shall request proposals from developers for the redevelopment of the Redevelopment Area. The proposal(s) which, in the opinion of the City, will best carry out and implement the intent of this Plan shall be recommended for selection. II. DEFINITIONS As used in this Plan and in the Act, the following terms shall mean: 1. "Act ", the Real Property Tax Increment Allocation Redevelopment Act, RSMo Section 99.800, et seq.; 2. "Blighted Area ", an area which, by reason of the predominance of defective or inadequate street layout, unsanitary or unsafe conditions, deterioration of site improvements, improper subdivision or obsolete platting, or the existence of conditions which endanger life or property by fire and other causes, or any combination of such factors, retards the provision of housing accommodations or constitutes an economic or social liability or a menace to the public health, safety, morals, or welfare in its present condition and use; 3. "Conservation Area ", any improved area within the boundaries of a redevelopment area located within the territorial limits of a municipality in which fifty percent or more of the structures in the area have an age of thirty -five years or more. Such an area is not yet a blighted area but is detrimental to the public health, safety, morals, or welfare and may become a blighted area because of any one or more of the following factors: dilapidation; obsolescence; deterioration; illegal use of individual structures; presence of structures below minimum code standards; abandonment; excessive vacancies; overcrowding of structures and community facilities; lack of ventilation, light or sanitary facilities; inadequate utilities; excessive land coverage; deleterious land use or layout; depreciation of physical maintenance; and lack of community planning. A conservation area shall meet at least three of the factors for projects approved on or after December 23, 1997; 4. "City ", the City of Riverside, Missouri; 5. "County ", the County of Platte, Missouri; 6. "Economic Activity Taxes" or "EATS ", the total additional revenue from taxes which are imposed by the City and other Taxing Districts, and which are generated by economic activities within a Redevelopment Project Area over the amount of such taxes generated by economic activities within such Redevelopment Project Area in the calendar year prior to the adoption of the ordinance designating such a Redevelopment Project Area, while tax increment financing remains in effect, but excluding personal property taxes, taxes imposed on sales or charges for sleeping rooms paid by transient guests of hotels and motels, licenses, fees or special assessments and also excluding the County's ten year sales tax of .5% for the specific purpose of parks, recreation and' stormwater control in effect on the date hereof. If a retail establishment relocates within one year from one facility to another facility within the County and the 3 Governing Body finds that the relocation is a direct beneficiary of tax increment financing, then for purposes of this definition, the Economic Activity Taxes generated by the retail establishment shall equal the total additional revenues from Economic Activity Taxes which are imposed by the City or other Taxing District over the amount of Economic Activity Taxes generated by the retail establishment in the calendar year prior to its relocation to the Redevelopment Project Area; 7. "Economic Development Area ", any area or portion of an area located within the territorial limits of a municipality, which does not meet the requirements of subdivisions (1) and (3) of Section 99.805 of the Act, and in which the Governing Body finds that redevelopment will not be solely used for development of commercial businesses which unfairly compete in the local economy and is in the public interest because it will: (a) discourage commerce, industry or manufacturing from moving their operations to another state; or (b) result in increased employment in the municipality; or (c) result in preservation or enhancement of the tax base of the municipality; 8. "Gambling establishment ", an excursion gambling boat as defined in Section 313.800, RSMo, and any related business facility including any real property improvements which are directly and solely related to such business facility, whose sole purpose is to provide goods or services to an excursion gambling boat and whose majority ownership interest is held by a person licensed to conduct gambling games on an excursion gambling boat or licensed to operate an excursion gambling boat as provided in sections 313.800 to 313.850, RSMo. This provision shall be applicable only to a redevelopment area designated by ordinance adopted after December 23, 1997; 9. "Governing Body ", the City Board of Aldermen; 10. "Initial Tax Levy ", means a tax levy of 4.9932 %; for purposes of calculating PILOTS under this Plan, the tax levy of the School District shall not exceed the Initial Tax Rate and amounts attributable to the then current School District tax levy being in excess of the Initial Tax Levy shall not be considered PILOTS but rather real estate taxes distributed to the School District; 11. "Obligations ", bonds, loans, debentures, notes, special certificates, or other evidences of indebtedness issued by the Governing Body to carry out a Redevelopment Project or to refund outstanding Obligations; 12. "Ordinance ", an ordinance enacted by the Governing Body; 13. "Payment in Lieu of Taxes" or "PILOTS ", "Payment in lieu of taxes ", for purposes of this Plan only, fifty percent (50 %) of those estimated revenues from real property in the area selected for a Redevelopment Project, which Taxing Districts would have received had the City not adopted tax increment allocation financing, and which would result from levies made after the time of the adoption of tax increment allocation financing during the time the current equalized value of real property in the area selected for the Redevelopment Project exceeds the total initial equalized value of real property in such area until the designation is terminated pursuant io subsection 2 of Section 99.850 of the Act provided however such term 4 does not include the replacement tax or the blind pension tax or any levee district tax and provided further that the levy of the School District shall not exceed the Initial Tax Levy; 14. "Redevelopment Plan" or "Plan", this Plan setting forth the comprehensive program of the Governing Body for redevelopment intended by the payment of Redevelopment Project Costs to reduce or eliminate those conditions, the existence of which qualified the Redevelopment Area as a Blighted Area, Conservation Area, Economic Development Area or combination thereof, and to thereby enhance the tax bases of the Taxing Districts which extend into the Redevelopment Area; 15. "Redevelopment Project ", any designated development project within the Redevelopment Area in furtherance of the objectives of this Plan; 16. "Redevelopment Project Costs" include the sum total of all reasonable or necessary costs incurred or estimated to be incurred, and any such costs incidental to this Plan, or any Redevelopment Project, as applicable. Such costs include, but are not limited to, the following: (a) Costs of studies, surveys, plans, and specifications; (b) Professional service costs, including, but not limited to, architectural, engineering, legal, marketing, financial, planning or special services; (c) Property assembly costs, including, but not limited to, acquisition of land and other property, real or personal, or rights or interests therein, demolition of buildings, and the clearing and grading of land; (d) Costs of rehabilitation, reconstruction, or repair or remodeling of existing buildings and fixtures; (e) Initial costs for an Economic Development Area; (f) Costs of construction of public works or improvements; (g) Financing costs, including, but not limited to, all necessary and incidental expenses related to the issuance of Obligations, and which may include payment of interest on any Obligations issued pursuant to Sections 99.800 to 99.865 accruing during the estimated period of construction of any Redevelopment Project for which such Obligations are issued and for not more than eighteen months thereafter, and including reasonable reserves related thereto; (h) All or a portion of a Taxing District's Capital Costs resulting from the Redevelopment Project necessarily incurred or to be incurred in furtherance of the objectives of this Plan and project, to the extent the County by written agreement accepts and approves such costs; (i) Relocation costs to the extent that the City determines that relocation costs shall be paid or are required to be paid by federal or state law; and E (j) Payments in lieu of taxes; 17. "Reimbursable Project Costs ", any and all Redevelopment Project Costs incurred by the City or the TIF Commission (excluding however funding for the grants and loans under the Grant and Loan Revitalization Program), and any and all Redevelopment Project Costs approved as reimbursable under this Plan and a Redevelopment Contract or other written agreement with the City or the TIF Commission, which expressly identifies such costs as Reimbursable Project Costs; 18. "School District ", the Park Hill School District; 19. "Special Allocation Fund ", the fund of the City which contains at least two separate segregated accounts for each redevelopment plan, maintained by the treasurer of the City or the treasurer of the commission into which PILOTS are deposited in one account, and EATS and other revenues are deposited in the other account; 20. "State ", the State of Missouri; 21. "Taxing Districts ", any political subdivision of this State having the power to levy taxes; 22. "Taxing Districts' Capital Costs ", those costs of Taxing Districts for capital improvements that are found by the Governing Bodies to be necessary and to directly result from the Redevelopment Project; 23. `TIF Commission ", the Tax Increment Financing Commission of Riverside, Missouri; 24. "TIF Revenues ", PILOTS and EATS generated from Redevelopment Project Areas pursuant to this Plan; and 25. "Vacant land ", any parcel or combination of parcels of real property not used for industrial, commercial, or residential buildings. III. DESCRIPTION OF THE REDEVELOPMENT AREA The Redevelopment Area, consisting of approximately 300 acres, is located generally in that area bounded on the southwest by the north line of Highway 9, going north and northeast along Vivion Road to the Vivion Road/Gateway intersection, including all those properties east of Vivion Road and west of Line Creek; from such intersection, extending north along Gateway, including those properties adjacent to and in the vicinity west of Gateway and those properties between Gateway and Line Creek, to the City limits; from such intersection extending east along Vivion Road, including the properties adjacent to and in the vicinity south of Vivion Road, to the City limits; and from such intersection extending south and southeast along Gateway/NW Platte Road, including those properties adjacent to and in the vicinity east of Gateway, to the City limits. A map showing the general location and boundaries of the Redevelopment Area is attached as Exhibit A. and the legal description of the Redevelopment Area is attached as Exhibit B. 31 The Redevelopment Area is currently divided into some 150 separate tax parcels according to the County Assessor. A list of the property ownership is attached as Exhibit D. IV. EXISTING CONDITIONS IN THE REDEVELOPMENT AREA The existing conditions in the Redevelopment Area clearly demonstrate that the Redevelopment Area is blighted. There is a lack of adequate street, drainage and sewer infrastructure and layout within the Redevelopment Area. The area is characterized by outdated building and building facades. Some streets are substandard and there are no or inadequate sewers and water for portions of the Redevelopment Area. Certain utilities are unavailable or inadequate. Abandoned and deteriorated improvements as well as vacant ground are within the Redevelopment Area. Several buildings are underutilized and some are in need of repair and major renovation. A Blight Study of the Redevelopment Area indicating existing conditions in the Redevelopment Area is attached as Exhibit C. No Developer is selected at the initial adoption of this Plan. Once this Plan has been adopted, the City will issue a request for proposals. Each and every Developer selected for a Redevelopment Project for which tax increment financing is adopted will submit a signed Affidavit regarding blight in substantially the form attached as Exhibit H to be attached to this Plan in connection with the amendment to and/or supplement of this Plan required in connection therewith. The Redevelopment Area is blighted based upon Section 99.8 10(1) of the Act by reason of inadequate street layout, drainage sewers, and other utilities, unsanitary and unsafe conditions, deterioration of improvements, improper platting and the existence of conditions which endanger life or property so that the area is a social and economic liability and may not to be properly developed, and thus cannot generate reasonable taxes. All of the above conditions indicate a need for redevelopment and rehabilitation in the Redevelopment Area to realize its highest and best use and prevent continuing blighting conditions. V. PLAN OBJECTIVES A. The general objectives of this Plan are to: 1. Eliminate and/or reduce the blighting conditions and underutilization factors that qualify the Redevelopment Area as a Blighted Area under the Act; 2. Prevent the reoccurrence of previously identified blighting conditions; 3. Enhance the tax base of the City; 4. Enhance the tax base of other Taxing Districts whose jurisdictions encompass the Redevelopment Area; 5. Expand opportunities for new commercial, retail and other business and development; and 6. Provide an implementation mechanism that will accelerate the achievements of these objectives and compliment other community and economic development tools and programs. 7 B. Specific objectives of this Plan are to: 1. Stimulate development of the Redevelopment Area and surrounding commercial and retail areas through private investment; 2. Serve as a catalyst and to accommodate a coordination of development activities within and surrounding the Redevelopment Area; 3. Provide access to the Redevelopment Area in order to accommodate and promote development in the Redevelopment Area; 4. Upgrade and refurbish utilities and other infrastructure facilities serving the Redevelopment Area, as well as other areas contiguous thereto; and 5. Conform with the general plan for the development of the community as a whole by preserving as much of the existing development area as possible in accordance with this Plan, as well as the general plan for zoning and development prepared by the City, if any, while at the same time maximizing development potential in the context of sound environmental considerations. VI. REDEVELOPMENT PROJECTS A. Redevelopment Project Objectives All Redevelopment Projects under this Plan for which Reimbursable Project Costs are requested to be paid or reimbursed from tax increment financing revenues will be considered by the TIF Commissions and the City on an individual case by case basis. Redevelopment Projects may consist of infrastructure projects and commercial, retail and/or general business facilities. The combination of these Redevelopment Projects is an essential element of this Plan. The City will select developers and negotiate and enter into Redevelopment Contracts for the development of the Redevelopment Area. Redevelopment Projects may be accomplished in one or more phases, each of which shall be proposed and approved according to the provisions of the Act. The Payments in Lieu of Taxes and Economic Activity Taxes to be generated from Redevelopment Project Areas will be used to pay Reimbursable Project Costs, including but not limited to the annual cost of Obligations which may be issued to pay Reimbursable Project Costs. B. Infrastructure Redevelopment Project. The infrastructure projects may include: i) Utility Improvements, such as Sewers, Water, Electricity and Telephone. These improvements may include construction of new or upgraded sanitary sewer facilities, new electrical service and other utility facilities, as well as fire hydrant installation and the establishment and provision of other systems of water service for fire and domestic purposes, including pumps and other water - handling and providing systems. 8 ii) Ingress and Egress Improvements. These improvements may be effected by construction or reconstruction of new or refurbished roadways serving the Redevelopment Area, and the additional or improvement to curbs and sidewalks. This portion may also include improvements to traffic flow by improving public rights of way and designing beneficial and efficient ingress and egress points for the Redevelopment Area, including acquisition of all necessary lands and rights -of -way. 2. The City will select developers and negotiate and enter into Redevelopment Contracts in connection with the implementation of this Plan. The construction of the infrastructure projects will attract new development to the Redevelopment Area as further described in subsection C below. As the construction of new development begins, subsequent Redevelopment Projects may be approved and TIF may be adopted for the respective Redevelopment Project Areas. The Payments in Lieu of Taxes and Economic Activity Taxes generated from the current and subsequent applicable Redevelopment Projects will be captured and used (in the manner specified both herein and in applicable Redevelopment Contracts) to repay a) Obligations issued; and b) Reimbursable Project Costs. C. Other Potential Redevelopment Projects Potential Redevelopment Projects may include, but not be limited to: (a) Construction of driveways or other areas of accessing businesses and tenants within the Redevelopment Area. (b) Construction of retail, commercial, consumer services and/or general business facilities. (c) Installation of water, power, telephone and other utility systems. (d) Sanitary sewer systems, lines, facilities and stations. (e) Emergency systems. D. Limitations on Redevelopment Project Areas No residential homes will be designated as a Redevelopment Project Area under this Plan and therefore, no tax increment financing revenues will be collected from residential homes. E. Redevelopment Activities 1. Acquisition and Clearance Land assemblage shall be conducted for (i) sale, lease or conveyance to private developers and/or (ii) sale, lease, conveyance or dedication for public improvements or facilities. Terms of the conveyance shall be incorporated into appropriate disposition agreements which may contain additional provisions consistent with this Plan. 0 It is anticipated that property will be acquired through negotiated transactions. However, eminent domain may be used when the City finds that it is necessary in order to achieve the goals and objectives of this Plan. Acquisitions by eminent domain shall be implemented and carried out pursuant to the Plan of Acquisition of Property by Use of Eminent Domain, attached as Exhibit K. 2. Relocation Assistance It is currently unknown whether there will be any relocation of any individual, or any enterprise from within the Redevelopment Area. A relocation plan conforming to the State minimum requirements for the relocation of any business or individual resident displaced by the implementation of this Plan is attached as Exhibit E. F. General Land Use The majority of the Redevelopment Area is currently zoned commercial. The Master Plan for the City designates the Redevelopment Area as appropriate for uses including office /service and commercial (see Exhibit I). There are no Gambling establishments within the Redevelopment Area. Attached as Exhibit F is the Conceptual Development Plan for the Redevelopment Area. The Conceptual Development Plan sets forth the proposed predominant land use within the Redevelopment Area as commercial, retail and general business. Also attached as Exhibit F is additional information relating to the viability of a quality mixed -use development within the Redevelopment Area. It is possible that portions of the Redevelopment Area will require rezoning. The Conceptual Development Plan sets forth a concept of the manner in which the Redevelopment Area could be developed. Actual development will be determined on a project by project basis consistent with this Plan. The information set forth in Exhibit F and Exhibit I evidence that the Conceptual Development Plan is consistent with the City Master Plan. Also attached as a part of Exhibit I is information from Bulter, Rosenbury & Partners, Inc. discussing this Plan and the City comprehensive plan and concluding that this Plan conforms to the comprehensive plan of the City. All Redevelopment Projects shall be subject to the applicable provisions of the Governing Body's Zoning Ordinance as well as other Codes, Ordinances and laws, as may be amended from time to time. G. Additional Controls and Design Criteria The following design controls shall apply to development in the Redevelopment Area: 1. General The predominant land uses to be established in the Redevelopment Area shall be for general business purposes, specifically commercial and retail facilities and structures with appurtenant and necessary rights of way, parking and other aesthetic facilities. 1[I] 2. Parking Parking areas shall be designed to conform with applicable codes. H. Schedule of Redevelopment Projects The estimated date for the completion of each Category 1 Redevelopment Project and retirement of obligations incurred to finance Category 1 Redevelopment Project Costs shall be not more than 10 years from the adoption of the Ordinance approving the Category 1 Redevelopment Project and related Redevelopment Project Area. The estimated date for the completion of each Category 2 Redevelopment Project and retirement of obligations incurred to finance Category 2 Redevelopment Project Costs shall be not more than 5 years from the adoption of the Ordinance approving the Category 2 Redevelopment Project and related Redevelopment Project Area. No Ordinance approving a Redevelopment Project shall be adopted later than 10 years from adoption of the Ordinance approving this Plan. The specific schedule relating to a Redevelopment Project and developer's obligations thereto will be set forth in the Redevelopment Contract between such developer and the City. I. Grant and Loan Revitalization Program. As a part of this Plan, the City establishes the Grant and Loan Revitalization Program to assist in funding neighborhood improvements (i.e., facade improvements, streetscape improvements and parking, etc.). The Grant and Loan Revitalization Program, attached as Exhibit L, provides for an annual amount of funds as determined by the City for the Grant Program and a revolving amount for the Loan Program. These amounts will not be Reimbursable Project Costs but rather will be funded by the City to assist in the elimination of blight and revitalization of properties within the Redevelopment Area. The City may adopt policies and modify and amend the Grant and Loan Revitalization Program at any time and from time to time without amending this Plan provided that such modification or amendment shall not classify the above amounts as Reimbursable Project Costs. It is intended that the neighborhood improvements funded through this program will foster a pleasant, attractive environment which will contribute to the development and revitalization of the Redevelopment Area. VII. COSTS AND FINANCING A. Estimated Redevelopment Project Costs Redevelopment Project Costs will be estimated on a case -by -case basis as Redevelopment Projects and Redevelopment Project Areas are designated. B. Source of Funds The total Reimbursable Project Costs for each developer will be estimated at such time as the applicable Redevelopment Project and Redevelopment Project Area is approved. Such reimbursement items are subject to change and adjustment as provided in this Plan or within any 11 Redevelopment Contract executed between the City and the developer. Anticipated sources of funds to pay Reimbursable Project Costs and amounts to be available from those sources may be as follows: (1) TIF Revenues, (2) TIF Obligation proceeds, and (3) proceeds made available by the developer for which it will seek reimbursement from TIF Revenues. C. Projected Payments in Lieu of Taxes and Economic Activity Taxes. Immediately after the Governing Body approves a Redevelopment Project and adopts tax increment financing for the Redevelopment Project Area of such Redevelopment Project, the County Assessor shall certify the total initial equalized assessed value of such Redevelopment Project Area. Real estate taxes resulting from the total initial equalized assessed value for each Redevelopment Project Area as well as fifty percent (50 %) of the increment will be payable to Taxing Districts as if TIF were not adopted. Payments in Lieu of Taxes (defined in this Plan as 50% of the increment) collected on property within each Redevelopment Project Area will be paid over by the County Collector and deposited in the PILOTS account within the Special Allocation Fund. In addition, Economic Activity Taxes, i.e., fifty percent (50 %) of the total additional revenue from taxes which are imposed by the County or other Taxing Districts, and which are generated by the economic activities within the Redevelopment Project Areas, while TIF remains in effect (subject to the required statutory exclusions and the exclusion of the County's ten year sales tax of .5% for the specific purpose of parks, recreation and stormwater control in effect on the date hereof) shall be paid over by the collecting Taxing Districts to the City. The City shall deposit such Economic Activity Taxes in the EATS account within the Special Allocation Fund for payment of Reimbursable Project Costs and/or the retirement of Obligations issued to pay Reimbursable Project Costs, if any such Obligations are issued. 1. Payments in Lieu of Taxes. Calculation of anticipated Payments in Lieu of Taxes are to be based on then current and projected future real property assessed valuations and the information reasonably available concerning property tax levy rates, both of which are subject to change due to many factors, including statewide reassessment, the effects of real property classification for real property tax purposes, and the rollback in tax levies resulting from reassessment or reclassification. Estimated Payments in Lieu of Taxes for each Redevelopment Project Area will be estimated at the time such Redevelopment Project Area is approved. 2. Economic Activity Taxes. Calculation of anticipated EATS are to be based on then current and projected future economic activities and related tax generation and the information reasonably available concerning tax rates. Estimated EATS for each Redevelopment Project Area will be estimated at the time such Redevelopment Project Area is approved. 12 3. Special Allocation Fund. The City shall establish and maintain the Special Allocation Fund which shall contain two separate segregated accounts. Payments in Lieu of Taxes shall be deposited into the PILOTS account within the Special Allocation Fund and Economic Activity Taxes shall be deposited into the EATS account within the Special Allocation Fund. Payments in Lieu of Taxes and Economic Activity Taxes so deposited and any interest earned on such deposits will be used for and are pledged for the payment of Reimbursable Project Costs and Obligations (should such Obligations be issued), with surplus for the distribution to the Taxing Districts, all in the manner set forth in the Act and this Plan. D. Nature and Term of Obligations Reimbursable Project Costs may be paid on a "pay as you go" basis or with proceeds from the issuance of Obligations if approved by the City. If Obligations are issued, they will be issued for a term not to the term of the applicable Redevelopment Project Area at an interest rate determined by the Governing Body. TIF Revenues received in excess of 100% of funds necessary for the payment of principal and interest on the Obligations and the payment of other Reimbursable Project Costs may be used to call bonds in advance of their maturities or declared as surplus and become available for distribution annually to the Taxing Districts to the extent that this distribution of surplus does not impair the financial feasibility of this Plan. Obligations may be sold in one or more series in order to implement this Plan. The City's issuance of obligations is within its sole discretion. E. Evidence of Commitments to Finance The Redevelopment Project Costs may be paid from sources available to the developer or a combination of bond proceeds (if approved by the City) and debt and equity financing of developer. The developer(s) selected for the implementation of this Plan may be reimbursed for Redevelopment Project Costs on a "pay -as- you -go" basis with the developer receiving payments from the collection of TIF Revenues during the term of this Plan. The source of these funds to pay Reimbursable Project Costs are committed pursuant to this Plan. The developer(s) of the Redevelopment Area will provide all funds necessary over and above bond proceeds, if applicable, to complete implementation of each Redevelopment Project approved and adopted pursuant to this Plan. Each successful developer chosen to implement this Plan shall likewise submit, along with its proposal for the approval of each Redevelopment Project and designation of the related Redevelopment Project Area, evidence of a source of funds to pay Redevelopment Project Costs, evidence of commitments to finance the Redevelopment Project Costs, and the nature and term of the sources of funds to pay the Redevelopment Project Costs for such Redevelopment Project. VIII. ECONOMIC BENEFIT ANALYSIS The Redevelopment Area on the whole has not been subject to growth and development through investment by private enterprise, and would not reasonably be anticipated to be developed without the adoption of this Plan. This Plan is intended to eliminate blight and encourage redevelopment. 13 Although no Redevelopment Project or related Redevelopment Project Area is being considered with the initial adoption of this Plan, it is anticipated that this Plan will generate significant economic benefits to the Taxing Districts. The only approved Reimbursable Project Costs under this Plan at initial adoption are the City and TIF Commission Redevelopment Project Costs in preparing and administering this Plan. Initially, economic benefits will be generated by the implementation of the Grant and Loan Revitalization Program under this Plan. The Grant and Loan Revitalization Program will provide for an annual amount of funds as determined by the City for the Grant Program and a revolving amount for the Loan Program. These amounts will not be Reimbursable Project Costs but rather will be funded by the City to assist in the elimination of blight and revitalization of properties within the Redevelopment Area. Attached as Exhibit J is the Cost Benefit Analysis and Estimated TIF Revenues. Additionally, PILOTS and economic activity taxes are anticipated to be generated from the Redevelopment Projects. Each taxing jurisdiction will also receive personal property taxes and real estate taxes from the Redevelopment Projects. In addition, the economic impact of the Redevelopment Projects to local and state taxing jurisdictions will also include revenues associated with indirect expansion. The employees hired for the new jobs created by the Redevelopment Projects will spend their wages on the purchase of products, services and homes. As the demand for products and services go up, more persons are then employed in those industries and the more the local economy expands. During construction and as the Redevelopment Projects are completed, employees are hired. Tax revenues are generated by the new development and its direct as well as indirect economic impact. These tax revenues are available for the Taxing Districts and public services. A cost benefit analysis and estimated TIF Revenues for each Redevelopment Project Area will be included as a part of this Plan as each Redevelopment Project Area is designated on a case -by -case basis. IX. DISBURSEMENTS FROM SPECIAL ALLOCATION FUND All disbursements from the Special Allocation Fund will be made by the City first from EATs deposited into the Special Allocation Fund which are attributable to taxes imposed by the City on economic activities ( "City EATs "). Only after all City EATs have been utilized shall other TIF Revenues disbursed to pay Reimbursable Project Costs out of the two separate segregated accounts maintained within the Special Allocation Fund for Payments in Lieu of Taxes and Economic Activity Taxes in proportion to the respective balances in each such account at the time of such disbursement. The City shall make payments on outstanding Obligations as such payments come due out of funds available in the Special Allocation Fund and from any other source pledged for such payments. Funds shall be disbursed from the Special Allocation Fund to pay the City and TIF Commission Reimbursable Project Costs. Funds may also be disbursed to the developer(s) to reimburse developer(s) on a "pay as you go" basis for Reimbursable Project Costs. Funds remaining in the Special Allocation Fund after all Redevelopment Projects are completed, all Obligations are fully retired and all administrative costs and all Reimbursable Project Costs are fully paid, will be returned to appropriate Taxing Districts in accordance with and as required under the Act. 14 With respect to disbursements from the PILOTS Account, the School District shall have priority for the payment of the School District Hold Harmless Amount as determined pursuant to the Gateway Redevelopment Plan Intergovernmental Agreement between the City and the School District. With respect to each Redevelopment Project Area under this Plan, each year during which PILOTS are collected and paid into the Special Allocation Fund, the City will first distribute to the School District an amount equal to the School District Hold Harmless Amount for such year; provided that in no event shall the School District Hold Harmless Amount and related distribution exceed the amount of PILOTS collected from such Redevelopment Project Area for such year. X. PROCEDURES FOR PAYMENTS TO THE SPECIAL ALLOCATION FUND A. Payments in Lieu of Taxes. Following the designation of any Redevelopment Project Area, for as long as such Redevelopment Project Area is subject to TIF, the County Assessor shall determine the assessed value of the Redevelopment Project Area without regard to TIF. The County Collector shall collect sums due from real property within such Redevelopment Project Area in accordance with the current equalized assessed valuation and tax levies in effect for each year; provided however, for purposes of calculating PILOTS under this Plan, the tax levy of the School District shall not exceed the Initial Tax Rate and amounts attributable to the then current School District tax levy being in excess of the Initial Tax Levy shall not be considered PILOTs but rather real estate taxes distributed to the School District. The amount collected which represents Payments in Lieu of Taxes shall be paid by the County Collector within 30 days after collection and deposited into the PILOTS account within the Special Allocation Fund, to be utilized and expended in accordance with the Act and this Plan. B. Economic Activity Taxes. Following the designation of any Redevelopment Project Area, for as long as such Redevelopment Project Area is subject to TIF, Economic Activity Taxes generated within such Redevelopment Project Area shall be determined and deposited into the EATS account within the Special Allocation Fund in accordance with the following procedures: 1. Documentation of Economic Activity Taxes by Taxpayers. Developer shall have the responsibility for the collection of information and documents indicating the type and amount of Economic Activity Taxes paid. 2. Certification by TIF Commission. The City Treasurer, after receiving such information and documents, shall certify the nature and amount of Economic Activity Taxes payable by each Taxing District from which Economic Activity Taxes are due. 3. Presentation to Taxing Districts. The TIF Commission or the City shall deliver by mail or hand delivery its certification of Economic Activity Taxes payable by each Taxing District to the governing body of each such Taxing District. Each Taxing District shall within 30 days of receiving the certification or within 30 days after receiving any such Economic Activity Taxes, whichever is later, appropriate the amount of Economic Activity Taxes actually received and pay the appropriate sum to the City. 15 4. Deposit of Funds. The City shall deposit the payments of Economic Activity Taxes received from the respective Taxing Districts in the EATS account in the Special Allocation Fund, to be utilized and expended in accordance with the Act and this Plan. XI. REQUIRED STATUTORY FINDINGS With the approval of this Plan, the Governing Body shall made the findings set forth in Exhibit G as required by the Act. XII. PROVISIONS FOR AMENDING THIS PLAN This Plan, the Redevelopment Area and any Redevelopment Project may be amended pursuant to the provisions of the Act. XIII. TERMINATION OF TAX INCREMENT FINANCING Tax increment financing for Category I Redevelopment Projects and their corresponding Redevelopment Project Areas shall remain in effect for a period of 10 years from the date of the Ordinance approving the corresponding Category I Redevelopment Project and adopting tax increment financing for the Redevelopment Project Area, and tax increment financing for the Category 2 Redevelopment Projects and their corresponding Redevelopment Project Areas shall remain in effect for a period of 5 years from the date of the Ordinance approving the corresponding Category 2 Redevelopment Project and adopting tax increment financing for the Redevelopment Project Area; except that tax increment financing may be terminated earlier by Ordinance in the event all Obligations have been retired and all Reimbursable Project Costs incurred or expected to be incurred have been paid. Tax increment financing shall be terminated for each Redevelopment Project Area by the adoption of an Ordinance of the Governing Body which terminates the designation of the Redevelopment Project Area under the Act or by any other method authorized by the Act. 16 The Redevelopment Plan does not include the initial development or redevelopment of any gambling establishment The only gambling establishment in the City of Riverside is the Argosy Casino. The Argosy Casino is located at 777 NW Argosy Parkway, Riverside, Missouri. Attached is a map of the Redevelopment Area indicating the location of the Argosy Casino; outside of the Redevelopment Area. O IJ N lf V b rf_ ' EXHIBIT B LEGAL DESCRIPTION OF REDEVELOPMENT AREA W SHAFER, KUNE & WARREN, INC ■ 11100 West 91st Street, Overland Park, Kansas 66214 -3216 ■ 913- 888 -7800 FAX: 913 - 888 -7868 i , �,,i � „ , �h ir June 15, 2001 LEGAL DESCRIPTION FOR CITY OF RIVERSIDE "TIF" BOUNDARY PART OF SECTIONS 3 & 4, TWP. 50, RNG. 33 AND PART OF SECTIONS 33 & 34, TWP. 51, RNG. 33 CITY OF RIVERSIDE, PLATTE COUNTY, MISSOURI All that part of Sections 3 and 4, Township 50 N, Range 33 W, and all that part of Sections 33 and 34, Township 51 N, Range 33 W, now in the City of Riverside, Platte County, Missouri, more particularly described as follows: Beginning at a point on the East City Limit line of Riverside, said point also being the East line of Platte County, said point further being on the South right -of -way line of West Platte Road (U.S. Highway No. 69 and Missouri State Highway A), as now established; thence Northwesterly and Northerly, along the South and Westerly right -of -way line of said West Platte Road (U.S. Highway No. 69 and Missouri State Highway A), to an intersection; thence Northerly, along the West right -of - way line of said U.S. Highway No. 69 and Missouri State Highway A, to a point on the centerline of Line Creep thence Southwesterly, Southerly, Westerly and Southerly, along the centerline of said Line Creek, to a point on the North right -of -way line of Missouri State Id'ighway 9, as now established; thence Northwesterly, along the North right -of -way line of said Missouri State Highway 9, to a point on the North right -of -way line.of said West Platte Road; thence Easterly, along the North right -of- way line of said West Platte Road, to a point on the West right -of -way line of V'ivion Road, as now established; thence Northerly, along the West right -of -way line of said Vivion Road, to a point on the -South right -of -way line of High Drive, as now established; thence Westerly, along the South right -of -way line of said High Drive, to a point on the Southerly extension of the West line of Tax Parcel ID No. 23- 2.0-04- 200 - 001-022.001, as shown on the Platte County Assessors Map No. 23 -2.0- 04-200 dated January 2000; thence Northerly, along the West line and its ` extension, of last said Tax Parcel, and along the West line of Tax Parcel ID N6.2 -2.0-04-200- 001-022.000 and No. 23- 2.0-04 -200- 001 - 021.000 and No. 23- 2.0 200 - 001 - 020.000, to the A It11171-DISQPl1NE APPROACH TO PROJECTS Cyril Engineers ■ Norio! Engineers ■ Mechanical Enclneers ■ ` .1and'09A A .. kc'" . ■ ■ `� ' ■ LEGAL DESCRIPTION FOR CITY OF RIVERSIDE " TIF" BOUNDARY PART OF SECTIONS 3 & 4, TWP. 50, RNG. 33 AND PART OF SECTIONS 33 & 34, TWP. 51, RNG. 33 CITY OF RIVERSIDE, PLATTE COUNTY, MISSOURI JUNE 15, 2001 PAGE 2 Northwest comer of the last said Tax Parcel; thence Easterly, along the North line of last said Tax Parcel, to the Southwest corner of Tax Parcel ID No. 23- 2.0 -04- 200 - 001 - 029.000; thence Northerly, along the West line of last said Tax Parcel, and along the West line of Tax Parcel ID No. 23- 2.0 -04- 200 - 001 - 034.000, to the Northwest corner thereof; thence Easterly, along the North line of last said Tax Parcel, to the Southwest corner of Tax Parcel ID No. 23- 2.0- 04 -200- 001- 002.003; thence Northwesterly, along the West line of last said Tax Parcel, to the Northwest comer thereof; thence Easterly, along the North line of last said Tax Parcel, to a point on the Southerly extension of the West line of Tax Parcel ID No. 23- 2.0 -04- 200 - 001- 002.000; thence Northerly, along the West line and its extension, of last said Tax Parcel, to the Northwest corner thereof, said point also being on the North line of said Section 4; thence Easterly, along the North line of last said Tax Parcel, and along the North line of Tax Parcel ID No. 23-2.0-04- 200 -00 1 - 001.000 and along the North line of said Section 4, to the Southwest comer of Tax Parcel ID No. 19- 8.0 -33- 300 -005 - 007.000 as shown on the Platte County Assessors Map No. 19- 8.0 -33 -300 dated June 1998; thence Northerly, along the West line of last said Tax Parcel, and along the West line of Tax Parcel No. 19- 8.0-33 -300- 005- 002.000, to the Northwest comer thereof; thence Easterly, along the North line of last said Tax Parcel, to a point 300 feet West of the West right - of-way line of said Missouri State Highway A; thence Northerly, along a line 300 feet West of and parallel with the West right-of-way fne of said Missouri State Highway A, to a point on the South line of Tax Parcel No. 19- 8.0 -33- 300 - 001 -004.000; thence Westerly, along the South line of said LEGAL DESCRIPTION FOR CITY OF RIVERSIDE "TIF" BOUNDARY PART OF SECTIONS 3 & 4, TWP. 50, RNG. 33 AND PART OF SECTIONS 33 & 34, TWP. 51, RNG. 33 CITY OF RIVERSIDE, PLATTE COUNTY, MISSOURI NNE 15, 2001 PAGE 3 corner thereof, said point also being on the centerline of Line Creek; thence Southerly, Easterly, Southerly, Westerly and Southerly, along the East City Limit line of Riverside, and along the centerline of said Line Creek, to a point on the centerline of said Vvion Road (U.S. Highway No. 69); thence Northeasterly, along the North City Limit line of Riverside, and along the centerline of said V'ivion Road (U.S. Highway No. 69), to the Northeast corner of the City Limit of Riverside, said point also being on the East line of Platte County; thence Southerly, along the East City Limit line of Riverside, and along the East line of Platte County, a distance of 1030 feet, more or less, to a point on the centerline of a drainage ditch; thence Northwesterly, along the centerline of said drainage ditch, to a point on the South line of Tax Parcel ID No. 23- 2.0 -03- 000 - 001 - 003.000, as shown on the Platte County Assessors Map No. 23- 2.0 -03 dated January 1993; thence Westerly, along the South line of last said Tax Parcel and along the South line of Tax Parcel ID No. 23 -2.0- 03-000-001- 002.000, to a point on the centerline of East Creek; thence Southwesterly, Westerly and Southerly, along the centerline of East Creek, to a point on the North line of Tax Parcel ID No. 23- 2.0 -04- 100 -006 -006.000, as shown on the Platte County Assessors Map No. 23- 2.0 -04- 100 dated May 1998; thence Westerly, along the North line of last said Tax Parcel, to the Northwest corner thereog thence Southerly, along the West line of last said Tax Parcel, to a point on the centerline of East Creek; thence Southerly, Westerly and Southwesterly, along the centerline of East Creek, to a point on the East line of Tax Parcel ID No. 23-2.0-04-100-006 - 062.000; thence Southwesterly, along the East line of last said Tax Parcel, to the Southeast comer thereof; thence Westerly, along the South line of last said Tax Parcel, to the most Easterly corner of Tax Parcel ID No. 23 -2.0- 04- 100 -006-059.000; thence Southwesterly, along the Southeast line of last said Tax Parcel, to the Northeast comer of Tax Parcel ID No. 23-2.0-04- 100-006 - OKO00; thence Southerly, along the East line of last said Tax Parcel,'to the Northwest corner of 1. Lot B, RESURVEY OF BLOCK 2; DM IAN HIIS.S, a subdivision of land now in the City of Riverside, Platte : County, Mlssourl, thence Easterly and 'Southeasterly, along: the North and Northeast line of said Lot B, to a point on the North_right -ofway line of St Ice Boulevard, as LEGAL DESCRIPTION FOR CITY OF RIVERSIDE "TIF" BOUNDARY PART OF SECTIONS 3 & 4, TWP. 50, RNG. 33 AND PART OF SECTIONS 33 & 34, TWP. 51, RNG. 33 CITY OF RIVERSIDE, PLATTE COUNTY, MISSOURI JUNE 15, 2001 PAGE 4 now established; thence Southwesterly, along the North right -of -way line of said St. Joe Boulevard, and its Southwesterly extension, to a point on the South right -of -way he of Woodland Road, as now established; thence Easterly, along the South right -of -way line of said Woodland Road, to the Northwest corner of Tax Parcel ID No. 23- 2.0 -04 -400- 004 - 001.000, as shown on the Platte County Assessors Map No. 23 -2.0- 04-400 dated November 2000; thence Southerly, along the West line of last said Tax Parcel, and its Southerly extension, to a point on the South right -of -way line of Riverside Drive, as now established; thence Easterly, along the South right -of -way line of said Riverside Drive, to the Northeast comer of Tax Parcel ID No.23- 2.0-04 -400- 007 - 007.000; thence Southerly, along the East line of last said Tax Parcel, to the Northwest comer of Tax Parcel ID No. 23- 2.0- 04 -400- 007 -006.000; thence Southeasterly, along the Northeast line of last said Tax Parcel, and along the Northeast line of Tax Parcel ID No. 23- 2.0 -04- 400 -007 -005.000, to the Southwest comer of Tax Parcel ID No. 23-2.0-04- 400 -007 - 003.000; thence Northerly, along the West line of last said Tax Parcel, to the Northwest comer thereof; thence Easterly, along the North line of last said Tax Parcel, to the Northeast comer thereof; thence Southerly, Easterly and Southeasterly, along the East line of last said Tax Parcel, to a point on the North line of Tax Parcel 11 No. 23 -2.0 -04 -400- 007 - 002.000; thence Easterly, along the North line of last said Tax Parcel, to the Northeast comer thereof; said point also being on the East line of said Section 4; thence Southeasterly, to the Northwest comer of Tax Parcel ID No. 23- 2.0-03 - 000-003 -026.000, as shown on the Platte County Assessors Map No. 23 -2.0 -03 dated January 1993; thence Southeasterly, along the North line of last said Tax Parcel, to a point on the West line of Tax Parcel ID No. 23- 2.0-03-000 -003 -027,000; thence Northeasterly, along the West line of last said Tax Parcel, to the Northwest comer thereof; thence Southeasterly, along the North line of last said Tax Parcel, to the Northeast comer..thereoi thence southwesterly, along the East fine of last said Tax Parcel, to the Northwest comer of Tax Parcel ID No. to 23-2.0 - 03400- 003 -029 00b,, thence Southeast the North line of last saidTax Paroet . the 7. Northeast corner thereof said point also bewg ;on the East City Lunt line o£Riverside said point LEGAL DESCRIPTION FOR CITY OF RIVERSIDE "I'1F"' BOUNDARY PART OF SECTIONS 3 & 4, TWP. 50, RNG. 33 AND PART OF SECTIONS 33 & 34, TWP. 51, RNG. 33 CPI'Y OF RIVERSIDE, PLATTE COUNTY, MISSOURI JUNE 15, 2001 PAGE 5 further being on the East line of Platte County; thence Southerly, along the East line of last said Tax Parcel, and along the East City Limit line of Riverside, and along the East line of Platte County, to the point of begimungexcepting out property within the L -385 Levee Redevelopment Area as further describ����I /, A� By Larry D. Graham, MO L! June 15, 2001 LARRY ).GRAHAM NUMBER LS � 2057 The following property is not without and shall be excepted out from the foregoing legal description of the Gateway Redevelopment Plan: LEGAL DESCRIPTION OF REDEVELOPMENT AREA (As amended in 1999) The original Redevelopment Area, including the areas legally described in Exhibit 6 which are hereby incorporated by reference, and the Expanded Redevelopment Area are legally described as follows: "All that part of Sections 3, 4, 5, and 6; that part of fractional Section 10, and all of fractional Section 7, 8 and 9; all in Township 50 North, Range 33 West, of the fifth principal meridian, in Platte County and Clay County, Missouri, described as follows: Beginning at a point where the line between Platte County and Clay County, Missouri intersects the centerline of Northwest Platte Road, as now established, (old U.S. Highway No. 71), which point is 828.0 feet East and 180.0 feet, more or less, North of the Southwest comer of Section 3, Township 50 North, Range 33 West, in Platte County, Missouri; thence Southeasterly along the centerline of said Northwest Platte Road (old U.S. Highway No. 71), across that part of said Section 3 and Section 10, Township 50 North, Range 33 West, to a point on a line which forms a Northwesterly angle of 56 ° -58', from the East line of said Section 10 at a point that is 390.10 feet South of the East 1/4 corner of said Section 10; thence Southeasterly along the last described line to its intersection with the centerline of the North Kansas City Levee District's tie -back levee; thence Southwesterly along last said levee centerline to its intersection with the centerline of said Northwest Platte Road (old U.S. Highway No. 71); thence Southwesterly, continuing along last said levee centerline to its intersection with the centerline of the North Kansas City Levee District's Missouri River Levee, said centerline being parallel with and 40.45 feet Southwesterly of, as measured at right angles to, the centerline of the westbound main line track of the Burlington Northern & Santa Fe Railroad; thence Southeasterly along last said levee centerline, a distance of 226.0 feet, more or less, to a point on the East and West centerline of the Southeast 1/4 of said Section 10, said point being 715.6 feet, more or less, West of the Southeast corner of the Northeast 1/4 of the Southeast 1/4 of said Section 10; thence West along the East and West centerline of the Southeast 1/4 of said Section 10, to a point on the Northerly top of the high bank of the Missouri River, thence Northwesterly, Westerly, Southwesterly, Westerly, Northwesterly and Northerly along the said Northerly top of the high bank to the most Southerly comer of a tract of land described as Tract 2, in the warranty deed filed for record as Document No. 11457 in Book 647 at Page 137 at the Platte County, Missouri, Recorder of Deeds Office; thence Northeasterly along the Southeasterly line of said Tract 2, as described in the said warranty deed to the Southerly right -of -way line of the Burlington Northern & Santa Fe Railroad, as now established; thence Northeasterly along a straight line to the most Southerly comer of the tract of land described as Tract 1, in the aforesaid warranty deed; thence Northeasterly and Northerly along the Easterly line of said Tract 1, to the Northeast corner of said Tract 1, said point being on the Southerly right -of -way line of Missouri Route No. 9, as now established; thence Northeasterly along a straight line to the most Southerly intersection of the Northerly right -of -way line of said Missouri Route No. 9, with the North -South centerline of said Section 6; thence Easterly along said Northerly right -of -way line to the most Westerly corner of a tract of land described in the warranty deed filed for record as Document No. 33773 in Book 692 at Page 740 at the Platte County, Missouri, Recorder of Deeds Office; thence Northeasterly, along the most Westerly line of the tract of land described in the last said warranty deed, to a point on a line that is 8.00 feet Northeasterly of and parallel to the Northerly right -of -way line of said Missouri Route No. 9; thence Southeasterly and Easterly, along a line that is 8.00 feet Northeasterly of and parallel to the Northerly right -of -way line of said Missouri Route No. 9, to the most Easterly line of the tract of land described in the last said warranty deed; thence' Southerly, along the most Easterly line of the tract of land described in the last said warranty deed, to a point on the Northerly right -of- way line of said Missouri Route No. 9; thence Easterly along said Northerly right -of -way line to the Westerly right -of -way line of Interstate Route No. 635, as now established; thence Easterly along a straight line to the Southwest corner of Tract "D ", "Cliff Manor" a subdivision of land in Riverside, Platte County, Missouri; thence Easterly and Northeasterly along the Southerly and Southeasterly line of said Tract "D ", to the most Easterly corner of said Tract "D ", said point also being the Northwest corner of a tract of land described in the instrument filed for record as Document No. B -48772 at the Platte County, Missouri, Recorder of Deeds Office; thence Northeasterly along the Northwesterly line of said tract of land to the most Northerly comer of said tract of land; thence North 52 53' 47" East along a line, the prolongation of which intersects the Westerly right -of -way line of Vivion Road, (U.S. Highway No.'s 69 and 169), as now established, that is 225.00 feet South of the North line of the Southwest 1/4 of said Section 4, as measured along said Westerly right -of -way line, a distance of 418.68 feet; thence North 39 26' 57" East a distance of 27.24 feet; thence North 27° 25' 58" West a distance of 92.00 feet; thence North 17° 19' 10" West a distance of 43.34 feet; thence North 10° 21' 03" East a distance of 22.86 feet; thence North 60 45' 06" East a distance of 32.80 feet; thence South 24 49' 25" East a distance of 102.29 feet; thence South 33° 50' 29" East a distance of 49.31 feet to a point on the aforesaid prolonged line; thence North 52 53' 47" East along the aforesaid prolonged line, a distance of 137.46 feet to the aforesaid point on the Westerly right -of -way line of Vivion Road; thence Southeasterly to a point on the Easterly right -of -way line of said Vivion Road that is 268.26 feet South of the North line of the Southwest 1/4 of said Section 4, as measured along said Easterly right -of- way line; thence Northeasterly along said Easterly right -of -way line, a distance of 268.26 feet to the North line of the Southwest 1/4 of said Section 4; thence Easterly along said North line, a distance of 358.27 feet; thence Northeasterly, parallel with the Easterly right -of -way line of said Vivion Road, a distance of 225.00 feet; thence North 62° 09' 21" East along a line, the prolongation of which goes to the Northwest comer of Lot 3, Block 1, "Indian Hills First Addition," a subdivision of land in Riverside, Platte County, Missouri, a distance of 153.13 feet; thence North 48° 06' 11" East a distance of 15.56 feet; thence North 49° 18' 05" East a distance of 58.77 feet; thence North 82° 30' 39" East a distance of 48.45 feet to a point on the last said prolonged line; thence North 62° 09' 21" East, along the last said prolonged line, a distance of 83.22 feet to the Northwest corner of said Lot 3, Block 1, "Indian Hills First Addition, "; thence Northeasterly, along the North line of said Lot 3, to the Northeast corner of said Lot 3; thence Northeasterly along a straight line to the Northwest comer of Tract "C" "Resurvey of Block 2, Indian Hills First Addition ", a subdivision of land in Riverside, Platte County, Missouri; thence Northeasterly along the Northerly line of said Tract "C," a distance of 114.25 feet to an angle point in said Northerly line; thence Northeasterly, continuing along said Northerly line, a distance of 368.25 feet to an angle point in said Northerly line; thence Southeasterly along a straight line to the most Northerly corner of Lot 12, Block 3, said "Indian Hills First Addition;" thence Southwesterly along the Northwesterly line of said Lot 12, to the most Westerly comer of said Lot 12; thence Southeasterly along the Southwesterly line of said Lot 12 to the most Southerly corner of said Lot 12; thence Southwesterly along the Southeasterly line of Lot 13, said Block 3, to the Northwest corner of Lot 17, said Block 3; thence Southerly along the West line of said Lot 17 and along the Southerly prolongation thereof, to the North line of the Southeast 1/4 of said Section 4; thence Westerly along said North line to the Northeast comer of Lot 1, "Renner Plaza No. 1," a subdivision of land in Riverside, Platte County, Missouri; thence Southerly along the East line of Lots 1 through 8, both inclusive, said "Renner Plaza No. V to the Southeast comer of said Lot 8; thence Westerly along the South line of said Lot 8, a distance of 250.00 feet; thence Southerly along a straight line to the Northwest comer of Block `B ", "Renner Plaza No. 3 ", a subdivision of land in Riverside, Platte Uounty, Missoun; thence Southerly and Southeasterly along the westerly and Southwesterly line of said Block "B ", to the Southeast comer of said Block "B'; thence Northerly along the East line of said Block "B," to the Northerly line of the former Kansas City, Clay County and St. Joseph Railway Company right -of -way; thence Southeasterly along said Northerly line to the Southwest comer of Lot 12, "Janie Lants Addition ", a subdivision of land in Riverside, Platte County, Missouri; thence Northerly along the West line of said Lot 12, to the Northwest comer of said Lot 12; thence Easterly along the North line of said Lot 12 to the Northeast comer of said Lot 12, being on the East line of the Southeast 1/4 of said Section 4; thence South 00° 03' 04" East, along the East line of the Southeast 1/4 of said Section 4, a distance of 57.30 feet; thence South 70° 25' 38" East a distance of 192.35 feet; thence South 19° 34' 18" West a distance of 217.83 feet to the aforesaid centerline of Northwest Platte Road (old U.S. Highway No. 71); thence Southeasterly along said centerline to its intersection with the line between Platte and Clay Counties, said point being the Point of Beginning; except those portions thereof lying in Clay County, Missouri." EXHIBIT C BLIGHT STUDY FOR PROPERTY LOCATED GENERALLY OF THAT AREA BOUNDED ON THE SOUTHWEST BY THE NORTH LINE OF HIGHWAY 9, GOING NORTH AND NORTHEAST ALONG VIVION ROAD TO THE VIVION ROAD /GATEWAY INTERSECTION, INCLUDING ALL THOSE PROPERTIES EAST OF VIVION ROAD AND WEST OF LINE CREEK; FROM SUCH INTERSECTION, EXTENDING NORTH ALONG GATEWAY, INCLUDING THOSE PROPERTIES ADJACENT TO AND IN THE VICINITY WEST OF GATEWAY AND THOSE PROPERTIES BETWEEN GATEWAY AND LINE CREEK, TO THE CITY LIMITS; FROM SUCH INTERSECTION EXTENDING EAST ALONG VIVION ROAD, INCLUDING THE PROPERTIES ADJACENT TO AND IN THE VICINITY SOUTH OF VIVION ROAD, TO THE CITY LIMITS; AND FROM SUCH INTERSECTION EXTENDING SOUTH AND SOUTHEAST ALONG GATEWAY/NW PLATTE ROAD, INCLUDING THOSE PROPERTIES ADJACENT TO AND IN THE VICINITY EAST OF GATEWAY, TO THE CITY LIMITS RIVERSIDE, MISSOURI TABLE OF CONTENTS 1. PHOTOGRAPHS OF PORTIONS OF THE SUBJECT PROPERTY ...................1 2. INTRODUCTION TO BLIGHT STUDY ................................. ..............................2 3. BACKGROUND ....................................................................... ..............................2 (a) DESCRIPTION OF THE REDEVELOPMENT AREA ..... ..............................2 (b) UTILIZATION .................................................................... ..............................3 (i) Sewers ............................................................................ ..............................3 (ii) Water .............................................................................. ..............................3 (iii) Streets ............................................................................. ..............................3 (c) DESCRIPTION OF THE AREA IN THE VICINITY OF THE REDEVELOPMENT AREA ............................................... ..............................3 (d) DISCUSSION OF FACTORS FOR BLIGHT .................... ..............................3 (i) Physical Blight ............................................................... ..............................3 (ii) Lack of Utilities ............................................................. ..............................4 (iii)Economic Blight ............................................................ ..............................4 (e) CONCLUSION .................................................................... ..............................4 PHOTOGRAPHS OF PORTIONS OF THE SUBJECT PROPERTY n • IN _.� ter ,. � -. \ • :,�,',V_ - �a an � 1. ,. 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INTRODUCTION TO BLIGHT STUDY The purpose of this report is to examine an area of land located generally of that area bounded on the southwest by the north line of Highway 9, going north and northeast along Vivion Road to the Vivion Road/Gateway intersection, including all those properties east of Vivion Road and west of Line Creek; from such intersection, extending north along Gateway, including those properties adjacent to and in the vicinity west of Gateway and those properties between Gateway and Line Creek, to the City limits; from such intersection extending east along Vivion Road, including the properties adjacent to and in the vicinity south of Vivion Road, to the City limits; and from such intersection extending south and southeast along Gateway/NW Platte Road, including those properties adjacent to and in the vicinity east of Gateway, to the Riverside, Missouri City limits ( "Redevelopment Area "). The Redevelopment Area is presently owned by public and private entities and individuals. Section 99.910(1) RSMo., as amended, of the Real Property Tax Increment Allocation Redevelopment Act, Sections 99.800 - 99.865 Revised Statutes of Missouri (the "Act ") defines a "blighted area" as follows: An area which, by reason of the predominance of defective or inadequate street layout, unsanitary or unsafe conditions, deterioration of site improvements, improper subdivision or obsolete plating, or the existence of conditions which endanger life or property by fire and other causes, or any combination of such factors, retards the provision of housing accommodations or constitutes an economic or social liability or a menace to the public health, safety, morals, or welfare in its present condition and use. The Redevelopment Area qualifies as a "blighted area" due to: a) inadequate street layout, drainage, sewers and other utilities; b) unsanitary and unsafe conditions; c) deterioration of improvements; and d) improper platting, all of which endanger life and property and result in an economic and social liability. These conditions are conducive to ill health, transmission of disease, fire and crime which endanger life and property and result in an inability to generate reasonable taxes. 3. BACKGROUND This Blight Study again examines the conditions of the Redevelopment Area and determines that it is a blighted area. (a) DESCRIPTION OF THE REDEVELOPMENT AREA The Redevelopment Area is depicted on Exhibit 1 and is located generally of that area bounded on the southwest by the north line of Highway 9, going north and northeast along Vivion Road to the Vivion Road/Gateway intersection, including all those properties east of Vivion Road and west of Line Creek; from such intersection, extending north along Gateway, including those properties adjacent to and in the vicinity west of Gateway and those properties between Gateway and Line Creek, to the City limits; from such intersection extending east along Vivion Road, including the properties adjacent to and in the vicinity south of Vivion Road, to the City limits; and from such intersection extending south and southeast along Gateway/NW Platte 1:\CLfNTS \61492 \00045\K025078 I DOC Road, including those properties adjacent to and in the vicinity east of Gateway, to the City limits in Riverside, Missouri. (b) UTILIZATION (i) Sewers Although sanitary sewers are located in the vicinity of the Redevelopment Area, portions of the Redevelopment Area suffer from a lack of sanitary sewers for use at its highest and best use, and portions of the current system are in disrepair. Likewise, the Redevelopment Area does not have adequate storm sewers for use at its highest and best use, and both systems in their current deteriorating status create unsanitary conditions. (ii) Water Although water is located in the vicinity of the Redevelopment Area, portions of the Redevelopment Area suffer from a lack of water for use at its highest and best use, and portions of the current system are in disrepair. (iii) Streets Some of the streets located in and serving the Redevelopment Area are not adequate for use of the Redevelopment Area at its highest and best use, and some are plagued by inadequate layout. Accordingly, these inadequacies create hazards for fire and police protection and greatly retard the provision of accommodations necessary for development. These factors have an undesirable effect on the Redevelopment Area and create hazardous conditions which threaten the safety of the public. (c) DESCRIPTION OF THE AREA IN THE VICINITY OF THE REDEVELOPMENT AREA Some of the area in the vicinity of the Redevelopment Area is developed but not to its highest and best use. Other areas are undeveloped. (d) DISCUSSION OF FACTORS FOR BLIGHT (i) Physical Blight The Redevelopment Area includes developed, undeveloped and unused vacant areas. Some of the Redevelopment Area is rough, covered by heavy brush and trees and is of uneven grade. The area is characterized by outdated building and building facades. The topography of the Redevelopment Area varies abruptly. Portions of the Redevelopment Area have improper platting. The Redevelopment Area includes improvements which show signs of visible disrepair and deterioration. The Redevelopment Area contains a more than a few buildings that have been vacant for a number of years and others which have been abandoned. There are numerous 1:\CLEENTS\61492 \00045\K0250781 DOC buildings which are underutilized and in need of repair and major renovation. The predominance of defective or unsafe conditions as well as the deterioration of site improvements constitute a danger to life and/or property. The Redevelopment Area constitutes an economic and social liability and a menace to the public health, safety, morals and welfare in its present condition and use. (ii) Lack of Utilities The Redevelopment Area suffers from a lack of adequate streets, sewers, water and other utilities. The lack of adequate streets and utilities creates hazards for fire and police protection and greatly retards the development of the Redevelopment Area. (iii) Economic Blight The Redevelopment Area, in its present state, represents a social and economic liability to the City. The Redevelopment Area does not approach its highest and best use. As can be seen on the attached Exhibit, in the past eight years, only 14 building permits for significant building activity have been issued with the Redevelopment Area. This is an average of only 1.87 building permits per year for approximately 300 acres. Further, both of the 1996 building permits were issued in connection with the relocation of a businesses already operating within the Redevelopment Area. Neither of the building from which these businesses relocated house operating businesses today; in fact one of the buildings has remained vacant since 1996. The 1999 building permit was for the City's construction of the post office building. Further, from a review of the records of the Platte County Assessor's Office, from 1996 to 2000, a time of unprecedented grow in many areas, there was virtually no change in the assessed value of over 50% of the parcels within the Redevelopment Area. During this same time period, almost 15% of the parcels had a decrease in assessed value. If developed consistent with its highest and best use, the Redevelopment Area would provide a significant increase in tax revenue and employment opportunities in the City. Less measurable, although equally important, is the ripple effect of further commercial and industrial expansion in the City in locations where property is zoned for such uses. The economic blight of the Redevelopment Area, therefore, is substantial. (e) CONCLUSION There are many blighting features within the Redevelopment Area. This area is characterized by outdated buildings and building facades, vacant lots interspersed among businesses and public uses. Abandoned and deteriorated improvements are within the Redevelopment Area. Buildings are underutilized and in need of repair and/or renovation. Other features include the lack of sufficient street and utility infrastructure within the Redevelopment Area. There are no or inadequate sewers and water for portions of the Redevelopment Area. Adequate provisions for drainage are also lacking. It is therefore concluded that the factual evidence clearly demonstrates that the Redevelopment Area is blighted based upon Section 99.810(1) of the Act by reason of. a) inadequate street layout, drainage, sewers and other 1: \CL ENTS \61492 \00045\x0250791.DOC utilities; b) unsanitary and unsafe conditions; c) deterioration of improvements; and d) improper platting, and the existence of conditions which endanger life or property so that the area is a social and economic liability with an inability to be property developed and generate reasonable taxes. 1: \CL ENTS \61492 \00045UCO250'791.DOC F F U Q F_ W a .• C7 ° o A a oa w O a 3 a� c 0 0 00 CIA O > 64 6A 69 69 69 69 69 60q 69 0 0 £ v 3 o E 604 a o U y v °o c 3 cd c E U y c° s U O 3 = C4 U U 0 to i I zm y M N a c a s a o a o> Golf C 69 G04 M O M 69 O 0 O 0 O 0 O 69 O 0 O o DD r N N V O rt O O O M M 69 69 69 69 \O 6A ri 69 6 O Cl O O 00 00 Q\ 6A �o 69 O O O O O O O O O O O O 00 (� O T O O O O N N O lzr O It 00 00 O O M 69 69 69 O\ 69 ON Cl) 69 v j 69 69 T C C C N C O > D tO O O U w O � td r � N c C Z 66s Z U U ° i U rz U .6 N 0 O C N C U U • fl O M 06 _G. _ '� td C y m .. m U .� > O U U O — > V 0 . 0 E O e O D U V 4 �N C N d U O z U p O ¢ 3ti3"v o Y co � y .�+ N �C PG = 'O et .G iG--� W OC l� r 00 O1 O O T O N N Q LL) O a O a z x E-- 3 F E= U O F= U F O U C7 z Q r� p7 ¢ w x z a F w a o O N w c w� 3 w F- ¢ C7 ,Z O N 00 69 69 `w ' c v p > — w ¢ 60q U z F o 0 00 0 0�0 z O O O O O M O O v v r w 69 rooq 61 61� 6 6�9 ul z w z 0 ° 0 0 0 cn 0 0 V) W a S o N 6 M N F Cl o 0 0 o 0 S 0 o 0 o 00 M z 6 U. z zza� O w v —° o a E_ o i E c n = c '� o . E E E a a 7 U C _ U U N A X X N N L L 0 U O L U N N Q N U z A 3> Z U C �- • e° a 3 3 � 3 � -_ 3 ° 3 °� a`i 3 • E 3 °� T. Q (� � eO C7 N N U C7 `"" eC A O ,O �• e0 N _c .U. � Y ¢ ed r- W C7 E C7 �o V U w > > ° C7 to C7 = m �z Z ; 4) Z °z.? „z �' Z E E z'o zU 'Tu v €m vw >-TU0 vOlrh y c�QQ v w� a� x a } a a a a a a a Architecture Ms. Debra Polk Engineering Armstrong Teasdale LLP Interior Design 2345 Grand Boulevard Planning 6 Development Kansas City, MO 64108 -2617 Re: Riverside Gateway Redevelopment Area Dear Ms. Polk: The City of Riverside is primarily an Industrial community, with a few commercial areas along the highway 69 corridor within the downtown. The current zoning of the Gateway Redevelopment Area is commercial within the, Highway 69 (Platte Road) corridor. Unfortunately this corridor has not experienced enough active commercial retail growth to support the community. Thos it is considered blighted. It iS for this reason that Tax Increment Financing is considered a strong solution to encouraging development in this area- As mentioned in my letter of July 11, 2001, I have reviewed the Land Use Guide Plan and the addendum to that document which serve as the comprehensive plan documents for the City of Riverside. With reference to the proposed TIF Digtrict, the Plan sets forth a number of goals as its primary functions. These goals state the general needs and desires for long -range planning in the City. The proposed TIF district, the Gateway Redevelopment Area, supports the goals and objectives of the comprehensive plan documents. More specifically, the evaluation of the Gateway area is in keeping with the addendum to the Land Use Guide Plan which highlighted the L -385 Levee Redevelopment Area. Therefore, the Riverside Gateway Redevelopment Area Plan conforms to the Comprehensive Plan documents for the City of Riverside. Many parallels can be drawn between the L -385 Levee Redevelopment Arei project, and the project at hand. The primary goal of a comprehensive land use plan for the Gateway area should be the application of plarming, legal, and management techniques to promote the optimum use of nadral and manmade assets, and to assure the quality of life for all citizens at theleast social and economic cost. The comprehensive land use plan should assist the decision makers in thinking systematically, and in understanding the inter- relationships of the many complex public issues. Planning is the process for dewrmining the appropriate future action through a.f of well- ordered choices and decisions. The land use plan for the Gateway Redevelopment Area should be the basis from which these decisions are made. Just as the L-385 Area was included as an addendum, consideration should be given to the future land use, regulatory matters, and other internal and external factors affecting the planning process for the Gateway Redevelopment Arca- The highest and best uses of the land with regard to the results of the economic analysis will need to be determined, vlrith consideration given to optimizing the location of retail and commercial sectors. The overall goals should be to maximize the combination of initial and future co tax revenue, quality of life for the users, aesthetic concerns and other factors entering into the cost - benefit equa4pu for the Gateway Redevelopment Area It is trey belief that the Gateway Redevelopment Area can sustain a quality minced -use devel meat that has a nicer feel Sidewalk -lined streets, treed boulevards, green space buffers, pl pedestrian access, all done with a creative, but realistic approach will help to make development a higher quality wixed use product for the City of Riv zdde. b . * w $outth k9=;= StP- Soy 'SM2&IJ- 11060" %0= 4 1 7 16 0 14) o F= 4172W'02 www.brpaecom Ms. Deborah Polk' August 21, 2001 Page 2 Sincerely, BUTLER, ROSENBURY & PARTNERS, INC J&any L. Jackson Studio Leader - Planning and Development / Principle 4 EXHIBIT D LIST OF OWNERS AND 2000 ASSESSED VALUES J 1CLIENTS\61492\00043 VC0169266 -DOC V] Q F- Q 3 W 0 W w w U d W 0 00 -- o Ln 69 M 69 69 M 69 Q 6A W d wA Q O O O O k O N O kn 00 O 00 N D o0 7 MW rs Goq d w � A r-7 a ro W cn oc u I a I 0 o 00 Z LL O 0�O o� x0 ° N °°"� cod ❑ O >1z 3� z z o o o z o o ti °C7 `ti E na - Cq�tn °aC N O O O O O O O O O O O O O O O O O O O O O O O O O d o 0 0 0 0 0 0 M M M M M M M X d M M M M M M M M M M M M M M 00 00 00 00 00 00 00 Q1 � � N O O oo M O O 00 O O 69 V O � 69 69 coq .Nr O 0 O O O O CIA 00 7D v O CIA r- N _ d9 �D 69 6�9 6H 69 O 00 G u ca p > L• N o'� N 00 N y v v ca 0 ca t 03 c�3b b3� b3� O 2. to ' 0 OM O 00 N 00 m m a J v, v .� U o �' N O ca V a U }. r- cd f� �C m cu C7 Ln a .-. kr) .> U v X cl Q L 73 Q � v. 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N O N .a 0. M O O O O O O O O O O O O O O M N N M N N N O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O N N N N N N N N O O O O O O O O O O O O O O O O N N N N N N N N M iE N* M N M N M N M N M N M N M N 0 M O O O O O Q1 vi o0 00 [� N cn vl cn O O 59 69 d9 69 V9 69 vj 69 tr) M O V 7 00 O N 69 d• 69 59 N 69 d9 N 69 tf3 cn N 69 7 Cd Q o > CA 110 2 c3 cc ca y �p cl bob rz"�33b �� T �°' z � �� cn z 3z Qz C', =w �UQ O N C c ; 0 V O N °� O O> �^ cC O O O `� .. — �•'� O N a.04 Cg0 �rn3 Zia! �aC �7LT 0 0 0 0 0 0 0 O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O 7 O O O O O O O �•' N N N N N N N O M N M N M N M N M N M N M N Vl EXHIBIT E Relocation Assistance Plan for Gateway Redevelopment Area I. Introduction The City of Riverside ( "the City ") is utilizing the Real Property Tax Increment Allocation Redevelopment Act ( "the TIE Act ") (Section 99.800 RSMo., et. seq.) to assist in redeveloping an area identified as the Redevelopment Area under a Redevelopment Plan ( "Redevelopment Plan"). In moving forward under the Redevelopment Plan, although not currently anticipated, occupants of some portions of the Redevelopment Area may be displaced. Under Missouri law, any municipality utilizing the redevelopment tools provided in Chapter 99, RSMo. for redevelopment activities which cause displacement must adopt by rule or ordinance a relocation policy which meets the requirements set forth in Section 523 .200 - 215 RSMo. ( "the Relocation Statute "). Those provisions establish certain requirements for relocation policies. This Relocation Plan is intended to comply with the minimum statutory requirements of the Relocation Statute which is incorporated herein. This Relocation Plan is for displacements. Notwithstanding any of the provisions of this Redevelopment Plan, nothing shall preclude a developer selected to implement a redevelopment project from providing relocation benefits in addition to those outlined below. II. The Relocation Statute The Relocation Statute details the provisions which are required in any relocation plan. The statutory requirements include the following benefits for eligible displacees: 1. Payments to all eligible displaced persons who occupied the property to be acquired for not less than ninety days prior to the initiation of negotiations who are required to vacate the premises. 2. A program identifying special needs of displaced persons with special consideration given as required under the Relocation Statute. 3. A program of referrals for eligible displaced persons: a minimum of three decent, safe and sanitary housing referrals for residential persons or suitable referral sites for displaced business, a minimum of ninety days' notice of referral sites for handicapped displaced persons and sixty days' notice of referral sites for all other eligible displaced persons prior to the date such displaced persons are required to vacate the premises, and arrangements for transportation to inspect referral sites. 4. Ninety (90) days written advance notice prior to the time when occupants will be required to vacate the property. 5. Eligible displaced residents may choose between (a) a fixed dislocation allowance of $500.00 or (b) payment for actual moving costs and initial housing deposits including first and last months' rent and security deposits. 6. Eligible displaced businesses may choose between (a) a fixed dislocation allowance of $1,500.00 or (b) payment for actual moving costs. 7. Written notice of the availability of relocation payments and assistance In addition, the Relocation Statute permits any owner /occupant of property to waive their relocation payments as part of the negotiation process for the acquisition of the land. III. LIMITATIONS ON ELIGIBILITY No displacee shall be eligible for relocation assistance or payments or be considered an eligible displacee under this Relocation Plan if any of the following occur: 1. If such a displacee is a person or business who occupied the property for less than ninety consecutive days immediately prior to the date the owner received the initial offer to purchase the property. As the offer dates will vary for each property, the date when an occupant becomes eligible, which is called the "initiation of negotiations date," will be determined individually for each property. 2. If the displacee relocates at any time prior to the displacee receiving a notice from the City or the applicable developer instructing the displacee to vacate the property. 3. No relocation payment shall be attributable to any period of time prior to the eligible displacee receiving a notice to vacate from the City or the applicable developer. IV. RELOCATION ASSISTANCE Each displacee, both residential and commercial, will be given written notice of the availability of relocation assistance and payments. Each displacee will have an initial meeting with a developer or City official, who will collect baseline information regarding their eligibility for assistance, relocation requirements and other needs which would ease the relocation process. The official will serve as a resource for the occupant to ask questions about the relocation process and obtain any necessary assistance. The type of services that will be provided will include the following: Eligible Residential Displacees — Tenants and Owners /Occupants 1. Written information explaining the relocation program and at least 90 days written advance notice prior to the time they are required to vacate. 2. A program of referrals by which each displaced occupant may receive up to three (3) referrals to decent, safe and sanitary housing which the residents can afford. Efforts will be made to assist residents in obtaining affordable housing in the areas where they wish to reside. 2 3. Identification of any special needs of the displaced household and assistance in obtaining any social services which they may require to meet those needs. 4. If necessary, assistance in making arrangements for transportation to referral sites. Assistance in obtaining any relocation payments to which they might be eligible. Eligible Commercial Displacees — Tenants and Owner /Occupants 1. Written information explaining the relocation program shall be provided to all commercial displacees located upon property to be acquired by the City or by the developer. Commercial displacees are to be given ninety (90) days written notice prior to the time they are required to vacate. The time period for any notice to vacate referenced in this paragraph may be extended, reduced, or waived by written agreement between the City and the commercial displacee or the developer and the commercial displacee, filed with the City. 2. Access to available replacement space compiled through contacts with area commercial real estate brokers. 3. A program of referrals by which each displaced business may receive up to three (3) referrals to alternative space. 4. Assistance in obtaining any relocation payments to which the business might be eligible. V. RELOCATION PAYMENTS The relocation payments which will be provided to displacees have been tailored to meet the needs of each affected group. In all cases, the payments will meet the requirements of the Relocation Statute. The eligibility requirements and benefit levels for each displaced group are described below: Eligible Residential Displacees 1. Eligibility. Pursuant to the terms and conditions of this Relocation Plan, any person that moves from the real property, or moves his personal property from the real property permanently and voluntarily as a direct result of the acquisition, rehabilitation, demolition of, or receives written notice of intent to acquire such real property, in whole or in part, for the redevelopment project will be eligible for relocation benefits, provided that the person who occupied the property to be acquired and who will be displaced occupied the property for not less than ninety days prior to the date the owner received the initial offer to purchase the property. As the offer dates will vary for each property, the date when an occupant becomes eligible, which is called the "initiation of negotiations date," will be determined individually for each property. Relocation assistance will not be provided to any person who purposely resides or locates on a property in the Redevelopment Area solely for the purpose of obtaining relocation benefits. 2. Relocation Payments for Owner /Occupants of Residential Property. Residential owner /occupants may choose to receive a relocation payment by choosing one of the following options: (a) $500; or (b) Actual reasonable and necessary costs of relocation, including actual moving costs, utility deposits, key deposits, storage of personal property up to one month, utility transfer and connection fees and other initial re- housing deposits including first and last month's rent and security deposit (the cost of upgrading any personal property or materials is excluded). As part of the acquisition price for the property, the owner /occupant may agree to waive any other relocation payment as provided in the Policy or the Relocation Plan. 3. Relocation Payments for Residential Tenants. Residential tenants may choose to receive a relocation payment by choosing one of the following options: (a) $500; or (b) Actual reasonable and necessary costs of relocation, including actual moving costs, utility deposits, key deposits, storage of personal property up to one month, utility transfer and connection fees and other initial re- housing deposits including first and last month's rent and security deposit (the cost of upgrading any personal property or materials is excluded). Eligible Commercial Displacees 1. Eligibility. Any business that moves from the real property, or moves its personal property from the real property permanently and voluntarily as a direct result of the acquisition, rehabilitation, demolition of, or receives written notice of intent to acquire such real property, in whole or in part, for a specified redevelopment project will be eligible for relocation benefits, provided that the business which occupied the property to be acquired which will be displaced occupied the property for not less than ninety days prior to the date the owner received the initial offer to purchase the property. As the offer dates vary for each property, the date when an occupant becomes eligible, which is called the "initiation of negotiations date," will be determined individually for each property. A business includes any partnership, corporation or association which conducts a lawful activity which is primarily for the purchase, sale or use of personal or real property or for the manufacture, processing or marketing of products or commodities or primarily for the sale of services to the public. Relocation assistance will not be provided to any business which purposely resides or locates on a property in the Redevelopment Area solely for the purpose of obtaining relocation benefits. 2. Relocation Payments for Owner /Occupants of Commercial Property. Commercial owner /occupants may receive a relocation payment by choosing one of the following options: (a) A fixed payment of $1,500; or 11 (b) Actual reasonable and necessary costs of moving, including costs for packing, crating, disconnection, dismantling, reassembling and installing all personal equipment, costs for relettering similar signs and similar replacement stationary. As part of the acquisition price for the property, the owner /occupant may agree to waive any other relocation payment as provided in the Policy or the Relocation Plan. 3. Relocation Payments for Commercial Tenants. Commercial tenants may receive a relocation payment by choosing one of the following options: (a) A fixed payment of $1,500; or (b) Actual reasonable and necessary costs of moving, including costs for packing, crating, disconnection, dismantling, reassembling and installing all personal equipment, costs for relettering similar signs and similar rep 1 acement — stationary. 4. Ineligible Moving and Related Expenses. A displaced business is not entitled to payment for the following items: (a) The cost of moving any structure or other real property improvement in which the displaced person reserves ownership; or (b) Interest on a loan to cover moving expenses; or (c) Loss of goodwill; or (d) Loss of profits; or (e) Loss of trained employees; or (f) Any additional operation expense of a business incurred because of operating in a new location; or (g) Any legal fees or other cost for preparing a claim for a relocation payment or for representing the claimant before the TIF Commission, the City, the Review Committee or a developer; or (h) Physical changes to the real property including the cost of upgrades at the replacement location; or (i) The cost of upgrading any equipment or personal property. Review Procedure Review Procedure 1. Initiating an Appeal. A person may initiate an appeal by personally delivering or mailing a written notice of appeal to the City c/o City Administrator and to the developer 5 representative within sixty (60) calendar days after the person receives written notification of a determination by a developer or other responsible party regarding the person's claim for relocation payments and assistance. The appealing party is entitled to inspect and copy all materials pertinent to his/her appeal in preparing the written notice. 2. Statement of Appeal. The appealing party shall file with the City and the developer representative a written statement of appeal describing in detail the error allegedly made in determining the person's eligibility or amount or type of relocation assistance and attach any pertinent documentation. All statements shall be confined to factual and legal issues. 3. Review Committee. Each appeal will be reviewed by a Review Committee consisting of one developer representative, the City Administrator and a member from either the Tax Increment Financing Commission of the City or the City Board of Aldermen. The determination of the Review Committee shall be made on the basis of the statement of appeal and supporting documentation and any response by the parties, provided, however, that the Review Committee, in its sole discretion, may request the parties to appear at a hearing at s mutually agreeable time and place. Either party may submit additional material at that time. Each party may have the opportunity to be represented by legal counsel at the party's expense. 4. Determination and Notification. Within thirty (30) days, the Review Committee shall make a written determination on the appeal including an explanation of the basis upon which the decision was made. The Review Committee shall furnish a copy to both parties. M EXHIBIT F CONCEPTUAL DEVELOPMENT PLAN FOR GATEWAY DEVELOPMENT This Redevelopment Plan anticipates that the Redevelopment Area will be developed as: Commercial Retail General Business August 6, 2001 Ms. Debra Polk Armstrong Teasdale LLP 2345 Grand Boulevard Kansas City, MO 64108 -2617 Re: Riverside Gateway Redevelopment Area Dear Ms. Polk: The City of Riverside is primarily an Industrial community, with a few commercial areas along the highway 69 corridor within the downtown. The current zoning of the Gateway Redevelopment Area is commercial within the Highway 69 (Platte Road) corridor. Unfortunately this corridor has not experienced enough active commercial retail growth to support the community. Thus it is considered blighted. It is for this reason that Tax Increment Financing is considered a strong solution to encouraging development in this area. As mentioned in my letter of July 11, 2001, I have reviewed the Land Use Guide Plan and the addendum to that document which serve as the comprehensive plan documents for the City of Riverside. With reference to the proposed TIF District, the Plan sets forth a number of goals as its primary functions. These goals state the general needs and desires for long -range planning in the City. The proposed TIF district, the Gateway Redevelopment Area, supports the goals and objectives of the comprehensive plan documents. More specifically, the evaluation of the Gateway Area is in keeping with the addendum to the Land Use Guide Plan which highlighted the L-385 Levee Redevelopment Area. Many parallels can be drawn between the L - 385 Levee Redevelopment Area project, and the project at hand. The primary goal of a comprehensive land use plan for the Gateway area should be the application of planning, legal, and management techniques to promote the optimum use of natural and manmade assets, and to assure the quality of life for all citizens at the least social and economic cost The comprehensive land use plan should assist the decision makers in thinking systematically, and in understanding the inter - relationships of the many complex public issues. Planting is the process for determining the appropriate future action through a sequence of well-ordered choices and decisions. The land use plan for the Gateway Redevelopment Area should be the basis from which these decisions are made. Just as the L-385 Area was included as an addendum, consideration should be given to the future land use, regulatory matters, and other internal and external factors affecting the planning process for the Gateway Redevelopment Area The highest and best uses of the land with regard to the results of the economic analysis will need to be determined, with consideration given to optimizing the location of recall and co mmercial sectors. The overall goals Should be to Maximize the combination of initial and future commerce, tax revenue, quality of life for the user, aesthetic concerns and other factors entering into the cost - benefit equation for the Gateway Redevelopment Area. It is my belief that the Gateway Redevelopment Area can sustain a quality mixed -use development that has a triter feel. Sidewalk -lined streets, treed boulevards, green space buffers, plentiful pedestrian access, all dome with a creative, but realistic approach will help to make this development a higher quality mixed -use product for the City of Riverside. C COG y H ewer, AU Tl RD-6. AU RJI &vin ' Pf Da IW JWXl , AIA Bmce K. Adl6yatd4, AA Mld.ad D. Named, AU DANd L Her, AIA Andm Wills, AIA 300 sane lcff a Sate 400 Sprinpfda M tour 6SS06.2217 Tdglha,e N l *""100 Fat (117)4654102 ..,.+v.eepo.. AlChaeOUre F,�Aw(nr wrorne oar rtasA-K a Ms. Deborah Polk August 7, 2001 Page 2 I am looking forward to discussing this further with you in the meeting on Monday August 13, 2001 at 5:00 pm. Sincerely, BUTLER, ROSENBURY & PARTNERS, INC. Jerany L. Jackson Studio Leader - Planning and Development / Principal A Enclosures JulV I I, - Ms. Debra Polk Mr. John McClelland Armstrong Teasdale LLP 2345 Grand Boulevard Kansas City, MO 64108 -2617 Rc: Riverside Land Use Guide Plan - #61492 -2 Dear Debra and John: I have reviewed the Land Use Guide Plan and the addendum to that document which serves as the comprehensive plan documents for the City of Riverside. With refercaee to the proposed 'nF District the following are my observations: The Plan sets forth a number of goals as its primary functions. These goals state the general needs and desires for long -range planning in the City. Among those, there are four in pwiicular that stand out in support of the proposed TIF district. • The Growth goal that calls for "managed quality growth" within the city limits. • The Community image and Identification Goal, which encourages an effort toward achieving a `Teasing image to residents and passersby", especially on main thoroughfares. • The Economic goals which encourage the development of commercial businesses to deliver goods and services to the residents of the comtntmity-and to further assist the residents through taxation which ultimately creates infrastructure in the City, and supports the schools. • the Private Sector Goals, which oudine specifically that the City should provide adequape opportunities for development in locations that are "attractive and "convealcnC". I would like to take an opportunity to discuss the proposed TIF district and its impacts with - the mayor and Board of Alderman in a workshop if possible. Please contact lme to schedule this if it is possible. Sincerely, BUTLER, ROSENBURY do PARTNERS, INC. -jo Enekasures C —%n K Wee•. Ar.. r- tea+. Iu ow wg'v. n Mri K AdbW D AU wnfnae a M,,, �u oa.0 L gym, ALA And. W�ft Au s«ar ks rwRrw esea: n Td"fi e(412""1ea s. M�natKiao 6r..r,r Studio Leader- Planning and Development I Principle EXHIBIT G STATUTORY FINDINGS Before adopting the Redevelopment Plan, the Governing Body must determine that: The redevelopment area on the whole is a blighted, conservation, or an economic development area, and has not been subject to growth and development through investment by private enterprise, and will not reasonably be anticipated to be developed without the adoption of tax increment financing and the redevelopment plan. Such a finding shall include, but not be limited to, a detailed description of the factors that qualify the redevelopment area or project and an affidavit, signed by the developer or developers and submitted with the redevelopment plan, attesting that these provisions have been met. 2. The redevelopment plan and project conform to the comprehensive plan for the development of the City as a whole. 3. The estimated date for the completion of each redevelopment project and retirement of obligations incurred to finance redevelopment project costs should be not more than 23 years from the adoption of the ordinance approving the redevelopment project, no ordinance approving a redevelopment project shall be adopted later than 10 years from adoption of the ordinance approving the redevelopment plan and no property for a redevelopment project shall be acquired by eminent domain more than five years after its adoption by ordinance. 4. A suitable plan has been developed for relocation assistance for businesses and residences. 5. Only those parcels substantially benefitted by the redevelopment projects are included in a redevelopment project area. 6. A cost - benefit analysis showing the economic impact of the redevelopment plan on each taxing district, which is at least partially within the boundaries of the redevelopment area, has been completed. 7. The redevelopment plan does not include the initial development or redevelopment of any gambling establishment. A requirement that by the last day of February each year, the TIF Commission shall report to the Director of Economic Development the name, address, phone number and primary line of business of any business which relocates to the redevelopment area. EXHIBIT H AFFIDAVIT 1, the undersigned, am over the age of 18 years and have personal knowledge of the facts stated herein. I have been authorized by the Board of Directors of matters set forth herein. to attest to the 2. I am familiar with the provisions of Real Property Tax Increment Allocation Redevelopment Act, §§ 99.800, et seq., RSMo (the "Act "). The Redevelopment Project Area for the Project is a blighted area within the meaning of the Act, and has not been subject to growth and development through investment by private enterprise and would not reasonably be anticipated to be developed without the adoption of tax increment financing. Because of: (a) inadequate street layout, drainage, sewers, and other utilities; (b) unsanitary or unsafe conditions; (c) deterioration of improvements; and (d) improper platting, the Gateway Redevelopment Area complies with the provisions of § 99.810. Further affiant sayeth not. By: Title: STATE OF MISSOURI ) SS COUNTY OF ) On this day of , in the year before me, , a Notary Public in and for said state, personally appeared known to me to be the person who executed the within affidavit, and acknowledged to me that executed the same for the purposes therein stated. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the County and said State aforesaid, the day and year first above written. Notary Public My Commission Expires: 1:\ CL1ENTS\61492 \00045\K0I95024.DOC RIVERSIDE MISSOURI , cpwhdmv COMPREHENSIVE GUIDE PLAN LEGEND J .ugust 27, 2001 Anha ft " Ms. Debra Polls b °g Armstrong P 61k Teasdale LLP - kMiffg 6'D Nebpment 2345 Grand Boulevard latning Kansas City, MO 64108 -2617 Re: Riverside Gateway Redevelopment Area Dear Ms. Polk: The City of Riverside is primarily an Industrial community, with a few commmial areas along the highway 69 corridor within the downtown The parent zoning of the Gateway Redevelopment Area is commercial within the. Highway 69 (Platte Road) corridor. Unfortunately this corridor has not experienced enough active commercial retail growth to support the community. Thus it is considered blighted. It is for this reason that Tax Iwxcvemt Financing is considered a strong solution to encouraging development in this area. As mentioned in my letter of July 11, 2001,1 have reviewed the Land Use Guide Plan and the addendum to that document which Aerve as the comprehensive plan documents for the City of Riverside. With re5aence to the proposed TIF District, the plan sets forme a number of goals as its primary functions. These goals state the general needs and desires for long -range planning in the City. The proposed TIF district, the Gateway Redevelopmcnr Area, supports the goals and objectives of the comprehensive plea documents. Mote specifically, the evaluation of the Gateway, area is in keeping with the addemdq m to the Lund Use Guide Plan which highlighted the L385 Levee Redevelopment Area. Therefore, the Riverside Gateway Redevelopment Area Plan conforms to the Comprehensive Plan documents for the City of Riverside. Many parallels can be drawn between the L-385 Levee Redevebpmemt Area project, and the project at heed. Ile primary goal of a comprehensive land use plan for the Gateway am should be Ir application of planning, legal, and management techniques to promote the optimum use of nanmal and manmade assets, mod to assure the quality of life for all citizens at the least social and economic cost The comprehensive land use plan should assist the decision makers in thinking systematically, and in understanding the inter - relationships of the many complex public issues. Planning is the process for de0umimiog the appropriatg future action through a #egruaee of yell- ordered choices and decisions. The land use plan for the Gateway Redevelopment Arm should be the basis Erma which these decisions are made. Just as the L-395 Area was included as an addendtttm, consideration should be given to the future land use, regulakwj mamen, and other internal and external factors aff:ctitrg the planning process for the Gateway Redevelopment Area. The highest and best uses of the land with regard to the suulm of the economic analysis wM need to be determined, itith consideration given to optimizing the location of retail and commercial sectors. The overall goals should be to maximize the combination ofinidai and future commerce tax revenue, quality ofli& for the users, aesthetic concerns and other factors catering into the cosOxnefit egmdan for the Gateway Redevelopment Area. It is my belief that the Gateway Redevelopment Ana can sustain a grn}ity minced -uu deve lopment that bas a nicer feel. Sidewalk -lined streets, treed boulevards, green space buffets, p leptdiil pedestri m access, all done with a creative, but approach will belp to make dds development a higher quality mined -me product for the City of Riverside_ „• sea 6wmk)d&mn. Ste. sas 6prw$fick MO 6Oo6 Phamec 4s746s.etoo Far 4s7�WAM wwwbgw-cm Ms. Deborah Polk' August 27, 2001 Page 2 Sincerely, BUTLER, ROSENBURY & PARTNERS, INC. J&any L. Jackson Studio Leader Platming and Development / Principle A s V n • EXHIBIT J COST BENEFIT ANALYSIS AND ESTIMATED TIF REVENUES The attached details the estimated cost benefit analysis anticipated to occur upon the initial implementation of the Gateway Redevelopment Plan, including the Grant and Loan Revitalization Program. The attached assumes that there is funded an initial annual amount of $100,000 for the Grant Program and a $500,000 revolving amount for the Loan Program. These amounts will not be Reimbursable Project Costs but rather will be funded by the City to assist in the elimination of blight and revitalization of properties within the Redevelopment Area. No Redevelopment Project and no Redevelopment Project Area is being considered with the initial adoption of the Gateway Redevelopment Plan. The only approved Reimbursable Project Costs under the Gateway Redevelopment Plan at this time are the City and TIF Commission Redevelopment Project Costs in preparing and administering the Gateway Redevelopment Plan. In addition to the benefits set forth on the attached, PILOTS and economic activity taxes are anticipated to be generated from future Redevelopment Projects. Each taxing jurisdiction will also receive personal property taxes and real estate taxes from the Redevelopment Projects. In addition, the economic impact of the Redevelopment Projects to local and state taxing jurisdictions will also include revenues associated with indirect expansion. The employees hired for the new jobs created by the Redevelopment Projects will spend their wages on the purchase of products, services and homes. As the demand for products and services go up, more persons are then employed in those industries and the more the local economy expands. During construction and as the Redevelopment Projects are completed, employees are hired. Tax revenues are generated by the new development and its direct as well as indirect economic impact. These tax revenues are available for the local taxing jurisdictions and public services. Further, a cost benefit analysis and estimated TIF Revenues for each Redevelopment Project Area will be included as a part of the Gateway Redevelopment Plan as each Redevelopment Project Area is designated on a case -by -case basis. b N 1.. d O N U Za Hz N F� � c w � U z° 3 w q •. w F � U O U '- a. v b U O C N O Q . 7 O 9 U C � G G 3 0 w C4 N E . (1 O CU G N O Off+ N ' cl 3 C13 c0 N cO O C7 C o. o C ¢ 0 cl N N C 0 N O b U C'C > 00 N 00 N 0 -0 U � 0 d E P WC c� U p y N R U cs C O , a� O a a� Y U N a U W W e CYi o [ N N o0 O 0 M � �o 'S N M n oa V' v7 n r/t r- oo a 00 v 00 O. M vl � ?. O n �D r W a • - - a M M h a 00 O O M M 00 00 V1 vl vl �n 00 00 00 � Ll. V a N N N N N M M M M M e M 0 7 �n o a vi N r M oo N oo a 'n M f v O a N M .a e O o C V O N Ol VJ r P u F � u o u o F h W r C a0 y Q% b 83 Off, o C W m O t+1 Nj u m CO V1 h M Oc 0o O O n O r O 5 G Q M "O O M O r M 10 O b G 00 y C N M W S a fA (3. N N M M M � V 'q r1 V1 m p p a p p pp pM pp7. u O O O O O O O O N N N N N N N T' N N N N N N N N N c� U p y N R U cs C O , a� O a a� Y U N a U W W EXHIBIT K PLAN OF ACQUISITION OF PROPERTY BY USE OF EMINENT DOMAIN Introduction Under the Gateway Redevelopment Plan, it is anticipated that property will be acquired through negotiated transactions. Property may be acquired through the use of eminent domain by the City when the Board of Aldermen of the City of Riverside, Missouri (the "Board ") finds that the acquisition of such property is necessary to accomplish the goals and objectives of the Gateway Redevelopment Plan. 2. Determination that Subject Property is Necessary. (a) Board Initiation. Property may be acquire through the use of condemnation upon the Board finding that (i) certain property is necessary to accomplish the goals and objectives of the Gateway Redevelopment Plan and (ii) the City has made a good faith offer to purchase the property at a purchase price equal to or greater than the appraisal value set forth in the City Appraisal (defined below). (b) Developer Initiation. In carrying out its obligations and duties with regard to the Gateway Redevelopment Plan, a Developer may determine that certain property is vital to the accomplishment of the Gateway Redevelopment Plan's goals, although that property was not acquired by virtue of the other acquisitions tools of the Gateway Redevelopment Plan. In such event, Developer after complying with the requirements of Section 3(b) below, may request, in writing, that the City acquire such property by eminent domain proceedings. Such request shall include a legal description of the property, the Developer Appraisal (defined below), evidence of written offer to purchase such property at a purchase price equal to or greater than the appraisal value set forth in the Developer Appraisal, the Affidavit and Agreement (defined below) and such other information as requested by the City. After reviewing the information, the City may proceed to acquire the subject property by purchase or other conveyance, including, but not limited to, eminent domain. Conveyances of legal title by the City to Developer shall be by quit claim deed. 3. Negotiations for Purchase. (a) Board Initiation. Prior to exercising the power of eminent domain at the initiation of the City, the City shall: (i) Engage an independent third party MAI appraiser to prepare an appraisal of such property ( "City Appraisal "). (ii) Engage in negotiations with the property owner. Such negotiation efforts shall (1) be undertaken for a reasonable amount of time which may not be less than thirty days, and (2) include at least one offer at least equal to or greater than the appraised value set forth in the City Appraisal. (iii) If the City and the property owner do not reach agreement, the Board may declare, by resolution, that it has engaged in good faith negotiations with the property owner, which included a good faith offer to purchase the property at a price at least equal to or greater than the appraised value set forth in the City Appraisal. The Board may consider whether to commence condemnation proceedings, and will only proceed upon a majority vote to do so. (b) Developer Initiation. (i) Prior to requesting the initiation of condemnation proceedings with respect to any property, Developer shall: (1) Make a written request to the Board for the initiation of condemnation proceedings. The request shall include a legal description of the parcel or parcels to be taken by such proceedings, together with all other information reasonably required by the City to proceed. Accompanying such request shall be an Affidavit and Agreement signed by Developer pursuant to which Developer agrees to pay immediately upon request any and all costs and expenses incurred by the City in connection with the review of such request and the implementation of such request. The City may require a deposit, bond, letter of credit or other surety in connection with this matter. (2) Satisfy all jurisdictional prerequisites to the initiation of eminent domain proceedings, including the requirement to negotiate in good faith. (3) With respect to any parcel or parcels proposed to be acquired by eminent domain, obtain (at the Developer's expense) and deliver to the City an appraisal dated within six months of the date of such request, from an independent third party MAI appraiser reasonably acceptable to the City ( "Developer Appraisal "), and make an offer at least equal to the appraised value to the owner of such parcel or parcels. (4) Make available to the City all documentation relating to Developer's good faith efforts to acquire by negotiation the parcel or parcels to be part of the proceeding. J.\CLMNTS\61492b0045VCO24W2.DOC 2 (ii) After receiving and reviewing a written request by Developer pursuant to Section 2(b) above, and before commencing condemnation proceedings, the Board shall negotiate with the property owner for the acquisition of the subject property. Such negotiation efforts shall (i) be undertaken for a reasonable amount of time which, since Developer had previously negotiated with the property owner, may not be less than fifteen days, and (ii) include at least one good faith offer to purchase the property for an amount at least equal to or greater than the appraisal value set forth in the Developer Appraisal. Should the Board be unable to reach a purchase agreement with the property owner within such time, the City may consider commencing condemnation proceeding. (iii) With respect to any Developer request for initiation of condemnation proceedings, the Board may approve any such request only if it finds that (i) the acquisition of such parcel or parcels, taken individually or in the aggregate, are necessary to achieve the goals and objectives of the Gateway Redevelopment Plan, and (ii) Developer made good faith efforts to acquire such parcel or parcels by negotiation based upon such facts, circumstances or claims. 4. Acquisition of Property by Condemnation With respect to any portion of property for which Developer has requested that the City initiate eminent domain proceedings, upon Developer complying with the preceding provisions of this Plan, the City may initiate eminent domain proceedings to acquire such property or interest therein. Control of Proceedings. The City shall control all condemnation proceedings, including the selection of attorneys, appraisers and other professionals, all at the sole cost and expense of Developer. The City and Developer shall diligently prosecute all such proceedings. During the condemnation proceedings, Developer and the City will consult each other regarding the fair settlement value of each such case. Advice and consultation among the City and Developer shall continue throughout such proceedings. Developer shall, prior to the initiation of the condemnation proceedings, designate in writing to the City an individual who is authorized to represent Developer in consultations with the City and its counsel. Developer, acting through designated representative, shall have the right to inspect and to receive copies of any documentation relating to the efforts to acquire the parcel or parcels which are part of the proceedings and to make suggestions based upon any appraisals regarding the price or settlement to be paid therefor; provided further that the City shall not agree to a price or settlement with respect to the acquisition of property on behalf of Developer without the prior written consent of the Developer. (a) Developer's Litigation Rights. Subject to the foregoing and without limiting the generality of Developer's rights in connection with such condemnation proceedings, it is acknowledged that (i) Developer may conduct such due diligence as Developer deems appropriate, (ii) Developer may prepare and request that the City file motions providing for the inspection of any parcel subject to the condemnation proceedings, (iii) Developer may prepare and request that the City J:\ CLIENTS \61492\00045UCO246662.DOC 3 file exceptions to any commissioners' report, (iv) Developer may at any time request the City to abandon any or all of the condemnation proceedings, and (v) Developer may take such other action and prepare and request that the City file such other motions and pleadings as Developer deems appropriate; all at the sole cost and expense of Developer. (b) Commissioner's Determination. Within twenty -five (25) days after any commissioners' award, Developer shall either: (i) notify the City that it is terminating these proceedings and has determined not to pursue acquisition of the property; or (ii) pay the amount of any commissioners' award issued in conjunction with any such condemnation proceeding either directly to the Clerk of the Circuit Court or to the City for payment of such commissioners' award by the City. (c) Developer Obligations. Before payment of the commissioners' award and acquisition of legal title to any such parcel or parcels by the City on behalf of Developer, Developer shall provide, maintain and keep in place at all times thereafter an irrevocable letter or letters of credit naming the City as beneficiary, or such other bond or collateral delivered to the City as the City may accept in its sole discretion, in an amount equal to the difference, if any, between the commissioners' awards for all parcels which have been taken by eminent domain for which such commissioners' award is not yet final (a "Pending Award ") and the amount of damages reasonably claimed by the defendants for the taking of all parcels for which there is a Pending Award. The letter or letters of credit or other bond or security instrument shall be in form and substance reasonably acceptable to the City and, once issued for any such Pending Award, shall remain outstanding until such time as each such Pending Award has been liquidated, settled, compromised or otherwise resolved and paid. Notwithstanding anything to the contrary herein, Developer covenants that it will indemnify and hold harmless the City from any and all costs and expenses associated therewith, including but not limited to the amount that the sum of all jury awards exceeds the sum of all commissioners' awards for all parcels, or interests therein, which have been taken by eminent domain, and the breach of this covenant shall, in addition to any other remedy that the City may have at law or in equity, give rise to the City's right to terminate the Redevelopment Agreement, and upon such termination, the City shall have no obligation to reimburse Developer for any amounts advanced under the Gateway Redevelopment Plan or for Reimbursable Redevelopment Project Costs incurred or paid by Developer, and any and all TIF Notes issued pursuant to the Gateway Redevelopment Plan shall be deemed canceled. 5. Environmental Prerequisites to Acquisition of Title by Condemnation Prior to acquiring legal title to any parcels of real property within the Redevelopment Area pursuant to a request of Developer, Developer will provide information to the City regarding the environmental- condition of such parcels, including if requested, Phase I Environmental Reports and additional envirormental reports. Failure of Developer and the City to agree within sixty (60) days after receipt by the City of all such information, or such longer 1 .\CLIENTS\61492b0045\KO246M2.DOC 4 period as may be agreed to by the parties, as to the environmental condition of such real property or the necessity or requirement for further investigation, assessment or remediation, shall be deemed to terminate any and all rights of Developer to request condemnation with respect to such parcel or parcels of real property until such time as the parties may reach agreement as aforesaid. Developer agrees to indemnify and hold the City, its employees, agents and independent contractors harmless from and against any and all suits, claims, costs and attorneys' fees resulting from, arising out of, or in any way connected with any environmental condition existing on, in or under any portion of the property. 6. Abandonment or "Termination of Condemnation Proceedings; Indemnity If Developer elects to abandon condemnation proceedings following entry of a commissioners' award and any such condemnation proceeding is abandoned thereafter by the City, Developer shall indemnify and hold the City harmless of and from any and all costs, expenses, damages, including but not limited to any statutory award of interest the City is compelled by the Court to pay pursuant to Section 523.045 of the Revised Statutes of Missouri, as amended. In such event, the City shall have no obligation to reimburse Developer for any costs incurred by Developer including without limitation costs incurred in the City's name or as the City's agent. If the City elects to continue condemnation proceedings, the City shall have the further right to receive and to utilize at no cost to the City all reports, surveys, appraisals and work product obtained by or on behalf of Developer in the acquisition of such real property for which the City proceeds to acquire by condemnation or negotiated purchase. 7. Indemnity Developer shall indemnify and hold the City harmless from and against any and all claims, suits, damages, expenses or liabilities, including court costs and reasonable attorneys' fees, arising out of (i) any eminent domain action filed pursuant to the Gateway Redevelopment Plan, including any action which is abandoned; and (ii) the operation of all or any part of any property necessary to complete the Gateway Redevelopment Plan; and (iii) negotiations, inspections, acquisitions, preparations, construction, leasing, operations and other activities of Developer or its agents in connection with or relating to a Redevelopment Project, or any property necessary to complete the Gateway Redevelopment Plan. 8. Appraisal Costs The owner or owners of property to be acquired by eminent domain pursuant to the Gateway Redevelopment Plan will be entitled to reimbursement (as a Reimbursable Project Cost under the Gateway Redevelopment Plan) of the reasonable cost of one appraisal performed at such time by an independent third party MAI appraiser licensed in Missouri; provided, however, the total reimbursement in connection with such property shall not exceed $1,500. Under this Section, "property to be acquired by eminent domain" means only that property for which a petition for condemnation has been filed by the City pursuant to the Gateway Redevelopment Plan. ]1CLIENTSN61492WN5\K0246662.DOC 5 EXHIBIT L GATEWAY REDEVELOPMENT PLAN GRANT AND LOAN REVITALIZATION PROGRAM INTRODUCTION The Board of Aldermen of the City of Riverside, Missouri has approved the Gateway Redevelopment Plan ( "Plan "), which includes the Tax Increment Financing Assistance Program and the Grant and Loan Revitalization Program. The Plan is intended to encourage ongoing redevelopment and revitalization and provide financial incentives to businesses, developers and owners of property located along Vivion and Gateway Roads in the Redevelopment Area to remove blight, encourage redevelopment and increase the economic vitality of this area. Pursuant to the Plan, the City has established the Grant and Loan Revitalization Program to assist in funding neighborhood improvements (i.e., facade improvements, streetscape improvements and parking, etc.). The neighborhood improvements will foster a pleasant, attractive environment which will contribute to the development and revitalization of the Redevelopment Area. The Board solicits projects that would benefit the Redevelopment Area. Persons interested in requesting assistance will complete the attached application and submit it to the City for consideration. ASSISTANCE PROGRAM A combination of grant and low- interest loans may be used as determined by the City to accomplish the improvement projects not to exceed a specific dollar amount set by the City of Riverside in addition to tax increment financing assistance. A $100,000 fund for the Grant Program is anticipated to be established for the first year of the Grant Program to assist eligible businesses with specified improvement types that have been selected by the Board of Aldermen. Thereafter, the size of the annual fund will be set by the Board of Aldermen. With respect to the Loan Program, a revolving loan fund of $500,000 is anticipated to be established by the City to assist eligible businesses with specified improvement types that have been selected by the Board of Aldermen. Funding for the Loan Program, as well as interest rates, terms, down payments and other requirements will be determined by the City of Riverside. submitted during July, August and September of each year, such submissions will be reviewed during the months of October, November and December of each year. The City reserves the right to accept or reject any and all proposals. All applicants and their contractors must be current on all taxes in order to be considered. ADDITIONAL INFORMATION For additional information, please contact David Blackburn, City Administrator, 2950 Vivion Road, Riverside, Missouri. The City reserves the right to accept or reject any and all proposals. The City reserves the right to change, supplement and /or waive any requirement or time period under the program.