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Land Bank Agency

Regular Meeting

Blue Springs, MO · August 15, 2022

AgendaMinutes

Minutes

CITY OF BLUE SPRINGS, MISSOURI MINUTES OF LAND BANK MEETING AUGUST 15, 2022 A meeting of the Land Bank of Blue Springs, Missouri was held on Monday, August 15, 2022 at 3:00 p.m. with Chairman May presiding. COMMISSIONERS IN James May, Chair Tracy White-Baldridge ATTENDANCE Jennifer Irey Kirk Sampson Rodney Hill Also present were Staff Liaisons Jackie Sommer, Chris Sandie, Mike Mallon, Lance Dillenschneider, realtor and Board Secretary Julia Porter. CALL TO ORDER AND Chair May called the Land Bank meeting to order at 3:03 p.m. The CONFIRMATION OF A Board Secretary confirmed a quorum of the Lank Bank was present. QUORUM APPROVE BOARD Commissioner White-Baldridge moved to approve the minutes of the MINUTES July 18, 2022 Meeting of the Land Bank of Blue Springs. Motion seconded by Commissioner Irey and carried with the following votes: Sampson -Aye Irey-Aye White-Baldridge - Aye Hill -Aye May-Aye STATUS UPDATE ON Board Secretary Julia Porter gave the staff update on the replat of PARCEL 2013-28 Land Bank Parcel 2013-28-36-940-15-01-01-0-00-000. Ms. Porter reviewed the updates included in the Memo, having been previously made available to the public as an attachment to the meeting agenda. INTERGOVERNMENTAL Board Secretary Julia Porter reviewed the details of the AGREEMENT WITH THE Intergovernmental Agreement with the City of Blue Springs. CITY OF BLUE SPRINGS Commissioner White-Baldridge moved to approve the Intergovernmental Agreement with the City of Blue Springs. Motion seconded by Commissioner Irey and carried with the following votes: Sampson - Aye Irey-Aye White-Baldridge - Aye Hill -Aye May-Aye LAND BANK 2021-22 Board Secretary Julia Porter presented the FY 2021-22 Budget BUDGET AMENDMENT Amendment and the FY 2022-23 Annual Budget. The FY 2021-22 AND 2022-23 ANN UAL Budget Amendment and the FY 2022-23 Annual Budget were BUDGET previously made available to the public as an attachment to the meeting agenda. August 15, 2022 Land Bank Minutes Page 2 Commissioner White-Baldridge moved to approve the FY 2021-22 Budget Amendment and the FY 2022-23 Annual Budget. Motion seconded by Commissioner Irey and carried with the following votes: Sampson - Aye Irey-Aye White-Baldridge - Aye Hill -Aye May-Aye 2022 TAX SALE City Attorney Jaqueline Sommer notified the Board that there are no UPDATE properties left in the tax sale located in Blue Springs to be included in the Jackson County Delinquent Land Tax Sale for 2022 and therefore there will be no properties transferred to the Land Bank in 2023. ADJOURNMENT At 3:22 p.m., there was no further business to come before the Board, Commissioner White-Baldridge moved the meeting be adjourned. Motion seconded by Commissioner Irey and carried with the following votes: Sampson - Aye Irey-Aye White-Baldridge - Aye Hill -Aye May-Aye

Agenda

LAND BANK BOARD MEETING August 15, 2022 3:00 p.m. Training Room 210 City Hall, 903 W Main Street Blue Springs, Missouri 64015 Anyone wishing to address the Land Bank in the Visitors Section of the Agenda, must fill out a Speaker’s Appearance Form. Forms are available online or located at the entrance of the conference room. After completion, the form is to be given to the Board Secretary prior to the start of the meeting. 1. Call to Order 2. Confirmation of a Quorum 3. Approval of the July 18, 2022 Land Bank Meeting Minutes 4. Staff Update on Parcel 2013-28-36-940-15-01-01-0-00-000 5. Approval of Intergovernmental Agreement with the City of Blue Springs 6. Approval of 2021-2022 Budget Amendment and 2022-2023 Annual Budget 7. 2022 Tax Sale Staff Update 8. Visitors 9. Adjourn Posted Friday, August 12, 2022 at City Hall, 903 W Main Street, Blue Springs, MO and on the City’s website. A quorum of the City Council may be in attendance, however no City Council votes will be taken. Julia Porter Board Secretary CITY OF BLUE SPRINGS, MISSOURI MINUTES OF LAND BANK MEETING JULY 18, 2022 A meeting of the Land Bank of Blue Springs, Missouri was held on Monday, July 18, 2022 at 3:00 p.m. with Chairman May presiding. COMMISSIONERS IN James May, Chair Tracy White-Baldridge ATTENDANCE Jennifer Irey Kirk Sampson - ABSENT Rodney Hill Also present were Staff Liaisons Christine Cates, Karen Van Winkle, Chris Sandie, Lance Dillenschneider, realtor and Board Secretary Julia Porter. CALL TO ORDER AND Chair May called the Land Bank meeting to order at 3:00 p.m. The CONFIRMATION OF A Board Secretary confirmed a quorum of the Lank Bank was present. QUORUM APPROVE BOARD Commissioner White-Baldridge moved to approve the minutes of the MINUTES June 21, 2022 Meeting of the Land Bank of Blue Springs. Motion seconded by Commissioner Irey and carried with the following votes: Sampson – ABSENT Irey– Aye White-Baldridge - Aye Hill - Aye May – Aye INTRODUCTION OF NEW Chairman May welcomed new Commissioner, Rodney Hill to the Land COMMISSIONER Bank. STATUS UPDATE ON Board Secretary Julia Porter gave the staff update for the City Code PARCEL 2013-28 violation on Land Bank Parcel 2013-28-36-940-15-01-01-0-00-000. Ms. Porter reviewed the updates included in the Memo, having been previously made available to the public as an attachment to the meeting agenda. LAND BANK Christine Cates presented the Land Bank Quarterly Financial QUARTERLY FINANCIAL Statements for the Third Quarter of Fiscal Year 2021-22. The Financial STATEMENTS Statements were previously made available to the public as an attachment to the meeting agenda. 2022 TAX SALE UPDATE City Attorney Jaqueline Sommer notified the Board that there are currently three properties located in Blue Springs that are included in the upcoming Jackson County Delinquent Land Tax Sale for 2022. EXECUTIVE SESSION At 3:11 p.m., Commissioner Irey moved that the Land Bank go into closed session pursuant to Section 610.021, subparagraph (2), Revised Statutes of Missouri, for the purpose of privileged communications between a governmental body or its representative and legal counsel including real estate, and that any minutes, July 18, 2022 Land Bank Minutes Page 2 documents and other records discussed or taken during the closed session remain closed, and that this body stand adjourned at the completion of such session. Motion seconded by Commissioner White-Baldridge and carried with the following votes: Sampson – ABSENT Irey– Aye White-Baldridge - Aye Hill - Aye May – Aye ______________________________ ________________________ James May, Chair Julia Porter, Board Secretary MEMORANDUM DATE: August 11, 2022 TO: Land Bank Commissioners FROM: Julia Porter, Board Secretary SUBJECT: Replat of Parcel 2013-28-36-940-15-01-01-0-00-000 – Blue Springs Reserve Land Bank staff mailed letters to neighboring property owners of Parcel 2013-28-36-940- 15-01-01-0-00-000 on June 24, 2022. The letter sent to the neighboring property owners notified them that a preliminary plat for Blue Springs Reserve had been prepared and asked them to fill out and return a survey gauging their interest in acquiring the additional property. Recipients were asked to return the survey by Friday, July 22, 2022. The thirteen of the fifteen property owners have responded as of August 11, 2022: Name Address Response Matthew and Alexandra Wilson 110 SE 2nd Street Still Reviewing Terin Humphrey 114 SE 2nd Street Interested in Property Jennifer Devore Interested in Property *Interested in neighboring 118 SE 2nd Street property Jacquelyn and David Schultz 204 SE 2nd Street No response Mark and Linden Jenessee 208 SE 2nd Street Interested in Property Phillip and Julia Oberkrom 212 SE 2nd Street Interested in Property Beverly Miles, Trustee 216 SE 2nd Street Interested in Property Taffi Wright 220 SE 2nd Street Interested in Property Stacey Nethicumara 300 SE 2nd Street Interested in Property Clarence and Sabrina Grimm 304 SE 2nd Street Interested in Property John Trussell 308 SE 2nd Street Interested in Property Christopher Mayo 312 SE 2nd Street Interested in Property Dwane and Elaine Rees 316 SE 2nd Street Interested in Property *Included note that they are interested in Tract B as well Orleans Duplexes LLC 320 SE 2nd Street Not Interested in Property Laura Handy 324 SE 2nd Street Interested in Property A map of the properties with the survey responses is attached. Once all of the surveys are returned, staff has identified the following as next steps: • Conveyance Plat o The City’s contractor will prepare a conveyance plat to create the separate tracts o The Land Bank will need to execute the conveyance plat as the property owner and staff will obtain city signatures o Staff will record the conveyance plat with Jackson County • Preliminary and Final Plats o The City’s contractor will prepare a preliminary and final plat to merge the new properties o Lot owners will need to sign the plat o Plats will grant drainage easement to City 100 201 1st Street t l nu 105 100 214 Wa 109 129 W 304 300 al 125 306 nu 101 308 t 104 1 122 312 104 108 112 118 105 314 2 316 305 303 110 309 318 3 109 315 Sunnyside School 114 4 113 320 321 105 109 113 117 118 5 121 117 322 500 Moore 204 401 403 125 324 6 121 323 208 405 129 326 7 104 108 201 118 122 Be n 212 400 407 133 tT 8 205 126 re e 411 101 216 404 9 201 209 103 d 220 406 105 109 113 201 130 2n 10 205 415 105 205 213 300 410 209 217 304 11 412 216 12 110 114 200 301 204 208 212 308 414 301 416 13 300 305 312 305 14 304 307 316 109 217 309 113 201 205 209 213 311 320 Chicago 313 308 15 315 304 317 110 300 324 200 204 208 216 312 319 401 400 ID # Owner Name Owner Address US 40 1 WILSON MATTHEW DILLON & ALEXANDRA ELIZABETH 110 SE 2ND ST BLUE SPRINGS, MO 64014 217 2 HUMPHREY TERIN 114 SW 2ND ST BLUE SPRINGS, MO 64014 th 3 DEVORE JENNIFER JEAN 118 SE 2ND ST BLUE SPRINGS, MO 64014 Sou 203 111111 115115 4 SCHULZ JACQUELYNN K 204 SE 2ND ST BLUE SPRINGS, MO 64014 203 5 JENESSEE MARK L & LINDEN E 208 SE 2ND ST BLUE SPRINGS, MO 64014 203 6 OBERKROM PHILLIP & JULIA A 212 SE 2ND ST BLUE SPRINGS, MO 64015 Petition Boundary 7 MILES BEVERLY L-TR 216 SE 2ND ST BLUE SPRINGS, MO 64014 Survey - No 8 WRIGHT TAFFI M 220 SE 2ND ST BLUE SPRINGS, MO 64014 9 SANDERS STACEY J 300 SE 2ND ST BLUE SPRINGS, MO 64014 Survey - Yes 10 GRIMM CLARENCE F & SABRINA L 304 SE 2ND ST BLUE SPRINGS, MO 64014 11 TRUSSELL JOHN 308 SE 2ND ST BLUE SPRINGS, MO 64014 Survey - Undecided / Not Responded 12 MAYO CHRISTOPHER AARON 312 SE 2ND ST BLUE SPRINGS, MO 64014 13 REES L DWANE & BARBARA ELAINE 316 SE 2ND ST BLUE SPRINGS, MO 64015 Date: 8/8/2022 14 ORLEANS DUPLEXES LLC 1850 NW M 7 HWY BLUE SPRINGS, MO 64014 1 inch = 200 feet 15 HANDY DAVID D & LAURA 324 SE 2ND ST BLUE SPRINGS, MO 64015 INTERGOVERNMENTAL COOPERATIVE AGREEMENT BETWEEN LAND BANK OF BLUE SPRINGS, MISSOURI AND THE CITY OF BLUE SPRINGS, MISSOURI THIS AGREEMENT, made as of this ______ day of____________, 202219 by and between Land Bank of Blue Springs, Missouri, a public body corporate and politic, hereinafter referred to as “Land Bank,” and the City of Blue Springs, Missouri, a constitutionally chartered municipal corporation, hereinafter referred to as “City.” WHEREAS, Revised Missouri Statutes Section 141.980Sec. 141.980 RSMo. et seq. permitted the City to establish by ordinance a land bank agency for the management, sale, transfer, and other disposition of interests in real estate owned by such land bank agency; and WHEREAS, on March 4, 2013, the City passed Bill No. 4250, Ordinance No. 4429 establishing the Land Bank (“Authorizing Ordinance”); and WHEREAS, the City and Land Bank entered into an Intergovernmental Cooperative Agreement on August 5, 2013 and approved a new Intergovernmental Cooperative Agreement on October 7, 2019; and WHEREAS, a number of the properties within the City have become vacant, dilapidated, and non-revenue generating; and WHEREAS, some of the properties contain violations of health, nuisance and property maintenance ordinances, contribute to the blight and deterioration of the City, and impose an economic burden upon the City; and WHEREAS, some of these properties will be transferred to the Land Bank; and WHEREAS, some properties in the Neighborhood Improvement Districts (NIDs) within the City have become or will become property of the Land Bank as a result of economic downturns; and WHEREAS, it is in the best interests of the health, safety, welfare and economic viability of the citizens of City to efficiently and effectively support the Land Bank and to enter into this Intergovernmental Cooperative Agreement to achieve that interest; NOW, THEREFORE, in consideration of the mutual covenants herein contained, Land Bank and City agree as follows 1: 1. SCOPE OF AGREEMENT. This agreement outlines the terms and conditions by which the City will support and undertake administrative and operational staffing, and other services for the Land Bank. Specific operational policies and procedures 1 All Authorizing Ordinance Section Numbers are now codified in Chapter 120 Commissions, Boards, and Committees, Article IX, Blue Springs Land Bank Agency, Code of Ordinances, City of Blue Springs, Missouri. will be developed by the Land Bank to govern its operations, within the limitations of the Authorizing Ordinance. 2. PAYMENT. On October 1, 202219, and on October 1 of each year thereafter that this Agreement is in effect, the City's annual contribution, if any, will be determined as a part of the City's budget process, and is not an ongoing obligation, and is subject in all respects to appropriated funds. For the fiscal year beginning October 1, 202219, and each fiscal year thereafter that this Agreement remains in effect, the maximum amount that the City will budget for the implementation, support, and operation of the Land Bank is an amount not to exceed $10,000, allocated in accordance with the direction from the City Administrator, as initially set forth in its budget for that fiscal year. The Land Bank will adopt a line item budget in conformity with the final allocation approved by the City, and thereafter will make modifications to such budget if changes are made to appropriate funds, and are less than anticipated. The Land Bank acknowledges that pursuant to Section 800.140 of the Authorizing Ordinance, the City is not obligated to contribute amounts to the Land Bank's annual budget, and that contributions or the incurring of expenses by the City on behalf of the Land Bank shall be reimbursed to the City from sale proceeds consistent with Section 800.120.A.3 and 800.120.B.4 of the Authorizing Ordinance. Any amounts budgeted by the City for the benefit of the Land Bank will be accounted for in a separate fund maintained by the City. 3. TERM. The term of this Agreement shall be for approximately three years, commencing on the effective date of the City’s Resolution authorizing the execution of this Agreement by the Mayor on behalf of the City, and terminating on September 30, 20252, subject to sufficient appropriations by the City as set out in Section 17 hereof. On or before June 1, 20252 the City will provide to the Land Bank a list of proposed modifications, if any, for a renewal form of this Agreement. Upon the Land Bank’s receipt of the proposed modifications, then the Land Bank may prepare and provide to the City its proposed modifications by September 1, 201252. Thereafter, the Land Bank and the City will enter into negotiations for a renewal form of this Agreement. The goal for the parties in those negotiations is to reach an agreement, if any, simultaneous with the submission of the City‘s budget for the fiscal year commencing on October 1, 20252. The parties hereto agree that there may modifications during the term hereof consistent with Section 8. 4. BASIC SERVICES. In consultation with the Land Bank, the City will allocate and provide staff to serve as the Land Bank’s administrative and operational personnel as needed to implement and support the Land Bank, subject to the budget allocations. Pursuant to such consultation, the Land Bank will may from time to time adopt resolutions appointing an executive director as recommended by the City and delegate to such executive director such authority it deems prudent and consistent with the Authorizing Ordinance, and the Land Bank’s own bylaws and policies. Such core staff provided by the City shall initially include an executive director, counsel, administrative assistants and code enforcement Intergovernmental Agmt 2 officers, some of which will fill the positions only to the extent necessary to accomplish the work needed. Beyond the core staff, additional City staff will assist the Land Bank with additional functions, as assigned and coordinated by the City Administrator with advice and support from the executive director Land Bank as follows: • Administrative and operational staffing for public contact, distribution and process of application for purchase and donation of real properties, review and evaluation of offers for suitability of acceptance, and marketing properties; • Field task staffing for inspection, evaluation, cleaning and securing properties in the Land Bank inventory or offered to the Land Bank, and ongoing monitoring of Land Bank properties as to changes in conditions; • Maintenance or demolition of properties, to the extent of available and budgeted resources for that purpose, including mowing, cleaning, boarding, demolition, and limited repair, however, the primary responsibility for such maintenance will remain the liability of the Land Bank, and such an undertaking of assistance by the City will not be deemed an assumption of any liability for failure to maintain the Land Bank’s property; and • Financial support activities, including, but not limited to, processing of invoices, payments, receipt of funds, use of the City’s accounting system, handling payroll of staff, Such staff may have other duties as assigned by the City, and such duties shall not be deemed to be a conflict of interest with their undertakings on behalf of the Land Bank. The City agrees that all personnel costs associated with supporting and staffing the Land Bank, including salaries and benefits, will be paid by the City, and portions of that cost will be paid from the funds allocated by the budget established by the City for the Land Bank, as affirmed by the line item budget of the Land Bank. Any amendments to the Land Bank Rules of Procedure shall be approved by the City Council. The Land Bank will separately contract with the City’s auditing firm for an annual audit consistent with Section 800.140 of the Authorizing Ordinance. 5. CLAIM SERVICES. Subject to budget allocations from the City to the Land Bank, for the term of this Agreement, for matters not otherwise covered by the insurance, the City, through its Law Department, under the direction of the City Attorney, hereby agrees to: a) handle the legal defense of all lawsuits for tort claims filed in the State of Missouri against the Land Bank, in which the City is not also a defendant, b) administer, evaluate and provide servicing of claims against the Land Bank that have not yet been filed as law suits and provide legal advice and assistance on claims once made to the Land Bank during the term of this Agreement. Intergovernmental Agmt 3 For those lawsuits in which both the City and Land Bank are named a party, in which neither are covered by insurance, the Law Department will provide, as soon as practical, to the Land Bank, in closed session, the circumstances as then determined, that led to the claim, to enable the Land Bank to make an informed knowledgeable decision whether to waive the conflict of interest to enable the City Attorney to represent both the City and the Land Bank. The disclosure in closed session will occur at the next Land Bank meeting after service of the summons upon the lawsuit has been received by either the Land Bank or the City. The City shall advise the Land Bank board of commissioners by expeditious means, such as email, of the filing of any lawsuit to which the Land Bank is named as a party; and such electronic notice will be given as soon as practical, but not later than ten business days after receipt by the City of the summons in such lawsuit. Similarly, each commissioner of the Land Bank who individually receives a summons for any lawsuit related to their activities on behalf of the Land Bank, shall advise the City by expeditious means, such as email, of the filing of any lawsuit to which the commissioner is named as a party; and such electronic notice will be given as soon as practical, but not later than ten business days after receipt by such commissioner of the summons in such lawsuit. In the event that the Land Bank does not have insurance and elects not to waive the conflict of interest, and desires to retain its own outside counsel, it shall so advise the City the earlier of i) five business days after the closed session in which the City advises the Land Bank of the circumstances of the lawsuit, or ii) ten business days before the answer on behalf of the City or the Land Bank needs to be filed in response to such lawsuit. If the Land Bank elects to retain independent counsel, then if requested by the Land Bank, the City will assist the Land Bank in engaging counsel. If funds budgeted by the City for the benefit of the Land Bank are proposed to be used for the purpose of retaining independent counsel, then the City has the right to object to any counsel selected by the Land Bank, and thereafter payment for such fees and services by the Land Bank will be limited to sale proceeds generated by its inventory. The Land Bank agrees to pay the City for such legal and investigative services from its budgeted funds upon submission of invoices outlining those services. All other actual expenses associated with defending claims, such as costs of depositions and court reporters, preparation of trial exhibits, or outside counsel whenever required, will be chargeable to the various case files and submitted to the Land Bank for its payment. The parties hereto agree that the City Attorney will have settlement authority up to an amount of One Thousand Dollars ($1,000) on all claims or cases where no insurance is available to the Land Bank without the approval of the Land Bank board, and may rely upon the Land Bank’s executive director’s verification of the source of funding for such payment from the Land Bank’s budget. Intergovernmental Agmt 4 6. TECHNOLOGY. Subject to the budget allocation, City shall provide access to an integrated computer system and hardware to track Land Bank inventory. Land Bank may enter into a contract for software, and software maintenance coverage, and assure connectivity to the City’s computer system. City and Land Bank shall make a reasonable effort to create an interface between the existing City tracking software within the City’s provided system with the software obtained by the Land Bank. 7. FACILITY and IMPROVEMENTS. a. City will provide a portion of its facility at 903 W. Main Street in its Administration Department to house the Land Bank operations, but may relocate such operations if deemed necessary or convenient to the City to other municipal facilities provided such alternative facilities are equally accessible to the public. b. City and Land Bank shall jointly participate in good faith in the coordination and management of the space available to house the Land Bank pursuant to the terms of this Agreement. All furnishings and fixtures provided by the City for the Land Bank’s use shall remain the property of the City. Reusable and recycled furnishings, equipment, or supplies from existing City facilities may be utilized. 8. MODIFICATION. This Agreement shall not be amended, modified, or canceled without the written consent of both parties to this Agreement. The Land Bank Board of Commissioners and the City Administrator, or his their designee, shall have authority to make modifications to the Agreement that do not change the compensation to be paid by the Land Bank to the City, from budgeted funds from the City allocated to the Land Bank operations, or affect the duration of the Agreement. 9. DEFENSE AND INDEMNIFICATION. No party to this Agreement shall assume any liability for the acts or omissions of any other party to this Agreement, its officers or employees. However, City shall add the Land Bank as an additional insured or add the Land Bank’s name by endorsement upon the City’s comprehensive general liability coverage similarly to other boards, commissions or entities affiliated with the City, and/or to which the Mayor or City Council make appointments to the extent the City is able to do so under its policy of insurance. The Land Bank acknowledges that the City is uninsured up to an amount, with that amount being determined from time to time by the City’s risk manager, upon the advice of its insurance consultant. The Land Bank will maintain its own comprehensive general liability coverage, in at least an amount of $500,000 combined single limit throughout the term of this Agreement. Both the City and the Land Bank preserve their own separate sovereign immunity, and acknowledge that such immunity will be asserted in any actions related to those activities undertaken by City staff on behalf of the Land Bank, and that each will submit claims to their respective policies, with rights of subrogation to the other’s policy. To the extent permitted by law and subject to sufficient appropriations by Intergovernmental Agmt 5 the City Council, and further the City’s obligations under this Section with respect to this indemnification for acts or omissions, including negligence of the City shall be limited to the coverage and limits of insurance maintained by the City, the City will indemnify, defend and hold Land Bank harmless from any and all claims, liabilities, damages and costs (including reasonable attorney’s fees directly related thereto) including but not limited to bodily injury to or death of any person and for damage to or destruction of property due to the actions or omissions of the City employees providing services to the Land Bank. 10. ASSIGNMENT. This Agreement, or any part thereof, shall not be assigned without the prior written consent of the City and/or the Land Bank. Any attempt to assign without such consent shall be void and confer no rights on any third parties. 11. GOVERNING LAW. This Agreement shall be construed and governed in accordance with the laws of the State of Missouri. The parties submit to the jurisdiction of the courts of the State of Missouri and waive venue. 12. WAIVER. Waiver of any of the provisions of this Agreement or any breach of this Agreement shall not thereafter be deemed to be a consent by the waiving party to any further waiver, modification or breach by the other party, whether new or continuing, of the same or any other covenant, or breach by the party, whether new or continuing, of the same or any other covenant, condition or provision of this Agreement. Failure by one of the parties of this Agreement to assert its rights for any breach of this Agreement shall not be deemed a waiver of such rights. 13. SEVERABILITY. If any covenant or other provision of this Agreement shall be construed to be invalid, or incapable of being enforced, by reason of any rule of law or public policy, all other provisions and conditions of this Agreement shall nevertheless remain in full force and effect, and no covenant or provision shall be deemed dependent upon any other covenant or provision unless so expressed herein. 14. CONFLICTS OF INTEREST. City and Land Bank warrant as to their respective officers or employees of the City or Land Bank, whether elected or appointed, shall not in any manner whatsoever be interested in or receive any benefit from the profits or emoluments of this Agreement, except City employees may receive their salaries, wages and benefits otherwise due them. Both the City and the Land Bank will take such steps that are reasonable to assure that the conflicts of interest and ethics provisions contained in Section 800.170 of the Authorizing Ordinance are complied with by their respective employees or the individual commissioners of the Land Bank. 15. COMPLIANCE WITH LAW. City and Land Bank must comply with all applicable laws, ordinances and codes, and regulations of the federal, state and local governments in performing any of the work embraced in this Agreement. Intergovernmental Agmt 6 16. TERMINATION. a. Notice. City or Land Bank may terminate this Agreement at any time by giving sixty days’ notice in writing to the other party. b. If the Agreement is terminated by the Land Bank, the City will be paid for all services and associated costs up to the date of termination, from budgeted funds allocated by the City to the Land Bank, and any unexpended budgeted amounts allocated by the City will revert to the City. Subsequent to termination the Land Bank shall not have any right to funds derived from or traceable back to the budget allocated by the City to the Land Bank. 17. NON-APPROPRIATION. The parties recognize that City intends to satisfy its financial obligation to Land Bank hereunder out of funds annually appropriated for that purpose by the City, from which in turn it is anticipated that the Land Bank will reimburse the City for services provided for its benefit. In the event no funds or insufficient funds are appropriated and budgeted or are otherwise unavailable by any means whatsoever in any fiscal year for payments due hereunder, City shall immediately notify Land Bank of this occurrence. Land Bank and City agree: a. That any funds authorized or appropriated for the operation of the Land Bank in any fiscal year shall be applied to the payments hereunder consistent with this Agreement, and upon termination consistent with Section 16.b. above. b. The City Administrator through the Director of Finance will use their reasonable efforts to obtain authorization and appropriation of such funds including, without limitation, the inclusion in the City’s annual budget for each fiscal year during the term of this Agreement, a request for adequate funds to operate the Land Bank in a reasonable manner. 18. NOTICE. Any notices or other communication required or permitted to be given hereunder must be in writing and will be deemed given three (3) days after posting in the United States mail, regular mail, postage prepaid, or upon receipt by personal or telefacsimile delivery, addressed to: If to City: City Administrator 903 W. Main Street Blue Springs, MO 64015 With a courtesy copy to: City Attorney 903 W. Main Street Blue Springs, MO 64015 Intergovernmental Agmt 7 If to Land Bank: Chair of Land Bank of Blue Springs, Missouri 903 W. Main Street Blue Springs, MO 64015 19. WARRANTY. City and Land Bank warrant that each has authority to enter into this Agreement and that all necessary approvals have been given. 20. INCORPORATION. This Agreement incorporates the entire understanding and agreement of the parties. IN WITNESS WHEREOF, Land Bank and the City have each caused this Agreement to be executed by its duly authorized representative effective as of the date first above written. CITY OF BLUE SPRINGS, MISSOURI LAND BANK OF BLUE SPRINGS, a Constitutionally Charter Municipal MISSOURI, a Public Body Corporate and Corporation of the State of Missouri Politic of the State of Missouri By ____________________________ By ________________________________ Carson Ross, Mayor Eric JohnsonJames May, Chairman APPROVED AS TO FORM: ____________________________________ Julia Porter, Board Secretary By ____________________________ City Attorney ATTEST: By ____________________________ City Clerk Intergovernmental Agmt 8 The Land Bank Board is being asked to approve an increase in expenditures and revenues for fiscal year 2022. Transfers for Neighborhood Improvement District debt will include all revenues associated with NID properties until all past due assessments are fully reimbursed. Fiscal Year 2022 Land Bank Budget Amendment Account Description Amount Revenue Sale of Land & Buildings Sales: $ 100 Total Revenue $ 100 Expenditures Professional Services Fees associated with ‘No Trespassing’ signs $ 2,252 Tax Assessment Services Tax assessment fee of 0.6% $ 105 TOTAL $ 2,357 The FY2023 budget is being submitted for your review and approval. Included in this budget is a transfer to the City’s general fund for property tax and NID special assessment for those Land Bank post-sale parcels that are in the NID. Although there are a few pending contracts for the sale of Land Bank property that may finalize in FY 2023, those funds are not included in the budget. Once the sale is completed, a request for an amended FY 2023 budget will be submitted. Fiscal Year 2023 Land Bank Budget Account Description Amount Revenue Property Tax Three years of property taxes – post sale $ 225,784 Purchase Application Fee Fee paid by potential buyers $ 25 Interest Income Interest earned on cash in bank $ 1,500 Total Revenue $ 227,309 Expenditures Tax Collection Services Jackson County 1% collection fee $ 2,200 Tax Collection Services - LB Jackson County 4% fee for costs related to LB $ 8,800 Tax Assessment Services Jackson County 0.06% fee for assessing value $ 400 Insurance Premiums & Bond Truss $ 500 Transfer to City for NID Debt Net revenues associated with any NID property $ 213,500 Total Expenditures $ 225,400 The 2023 budget does not include non-cash items such as Contributed Capital or Loss on the Sale of Assets. These items will be recorded when properties are either transferred to the Land Bank by the County or when the Land Bank sells a property. Other Land Bank expenditures that are not included in the budget and that are paid by the City include office supplies, postage, and audit costs. The proposed budget may be amended throughout the year if additional property sales occur or additional expenditures become necessary. City of Blue Springs Land Bank Fund Budget Summary FY 2022-23 Annual Budget 2021-22 2021-22 Year- 2022-23 2020-21 $ Change % Change $ Change % Change LAND BANK FUND Adopted/Amended End Budget Actual from 2022 from 2022 from 2022 from 2022 Budget Projection Request REVENUES Taxes 111,848 266,034 237,093 (28,941) -10.88% 225,784 (40,250) -15.13% Charges for Service - 25 - (25) -100.00% 25 - 0.00% Interest 6,541 5,713 1,500 (4,213) -73.74% 1,500 (4,213) -73.74% Sales & Rental 985,803 - 100 100 0.00% - - 0.00% Other Income - - - - 0.00% - - 0.00% TOTAL REVENUES 1,104,192 271,772 238,693 (33,079) -12.17% 227,309 (44,463) -16.36% EXPENDITURES Supplies and Materials - - - - 0.00% - - 0.00% Contractual Services 67,876 14,395 15,352 957 6.65% 11,900 (2,495) -17.33% Capital Outlay 52,901 - - - 0.00% - - 0.00% TOTAL EXPENDITURES 120,777 14,395 15,352 957 6.65% 11,900 (2,495) -17% EXCESS OF REVENUES OVER (UNDER) EXPENDITURES 983,415 257,377 223,341 (34,036) -13% 215,409 (41,968) 1% OTHER FINANCING SOURCES (USES): OPERATING TRANSFERS IN From General Fund - - - - 0% - - 0% TOTAL OPERATING TRANSFERS IN - - - - 0% - - 0% OPERATING TRANSFERS OUT 1,017,661 251,692 224,583 (27,109) -11% 213,500 (38,192) -15.17% TOTAL OPERATING TRANSFERS OUT 1,017,661 251,692 224,583 (27,109) -11% 213,500 (38,192) -15.17% TOTAL OTHER FINANCING SOURCES (USES) (1,017,661) (251,692) (224,583) 27,109 -0.107707039 (213,500) 38,192 -15.17% NET CHANGES IN FUND BALANCES (34,246) 5,685 (1,242) 1,909 FUND BALANCES - BEGINNING OF YEAR 354,712 320,466 320,466 319,224 FUND BALANCES - END OF YEAR 320,466 326,151 319,224 321,133 2021-22 2021-22 Year- 2022-23 2020-21 $ Change % Change $ Change % Change Adopted/Amended End Budget Actual from 2022 from 2022 from 2022 from 2022 Budget Projection Request Revenue Budget Summary Land Bank 2021-22 2021-22 2022-23 2018-19 2019-20 2020-21 $ Change % Change Account Account Description Adopted Year-End Budget Actual Actual Actual from 2022 from 2022 Budget Projection Request - 770.00000.401100.000 PROPERTY TAX - CURRENT 106,408 48,355 111,848 266,034 237,093 225,784 (40,250) -38% Total Taxes 106,408 48,355 111,848 266,034 237,093 225,784 (40,250) -38% - - - - 0% Total Licenses and Permits - - - - - 0% - - - - 0% Total Intergovernmental - - - - - 0% 770.00000.430100.000 PURCHASE APPLICATION FEE 75 25 - 25 - 25 - 0% Total Charges for Service 75 25 - 25 - 0% - - - - 0% Total Fines and Penalties - - - - - 0% 770.00000.450100.000 INTEREST INCOME 11,613 1,444 6,541 5,713 1,500 1,500 (4,213) 770.00000.450521.000 INTEREST - DELINQUENT PROPERTY TAX - - - - - 0% Total Interest Earnings 11,613 1,444 6,541 5,713 1,500 1,500 (4,213) -36% 770.00000.460300.000 SALE OF LAND & BUILDINGS 890,000 232,024 980,203 - 100 - - 0% 770.00000.460610.000 CHAPMAN FARM LEASE 7,697 12,839 5,600 - - - - 0% Total Sales & Rentals 897,697 244,863 985,803 - 100 - - 0% 770.00000.480999.000 CONTRIBUTED CAPITAL - LAND BANK - 51,739 - - - 0% Total Other Income - 51,739 - - - - - 0% - - - - 0% Total Operating Transfers In - - - - - 0% TOTAL LAND BANK REVENUES 1,015,793 346,401 1,104,192 271,772 238,693 227,309 (44,463) -4.38% \\cbswin1\finance\Financial Reporting\Land Bank of Blue Springs\Land Bank Budget\2023 Budget\Land Bank Budget FY 2022 Amendment and FY 2023 Budget.xlsx Land Bank Budget FY 2022 Amendment and FY 2023 Budget.xlsx Revenue Summary Expenditure Budget Summary Land Bank 2021-22 2022-23 2018-19 2019-20 2021-22 Year $ Change from % Change Account Account Description 2020-21 Actual Adopted/Amended Budget Actual Actual End Projection 2022 from 2022 Budget Request 770.00000.520100.000 OFFICE SUPPLIES - - - - 0% 770.00000.520300.000 POSTAGE - - - - 0% Total Supplies and Materials - - - - 0% 770.00000.530100.000 PROFESSIONAL SERVICES 56,551 15,196 61,526 - 2,252 - - 0% 770.00000.530120.000 LEGAL SERVICES - - - - - - 0% 770.00000.530150.000 AUDIT SERVICES - - - - - - 0% 770.00000.530200.000 TAX COLLECTION SERVICES 1,064 2,442 5,746 2,660 2,400 2,200 (460) -43% 770.00000.530201.000 TAX COLLECTION SERVICES - LAND BANK 4% 4,256 - - 10,640 9,500 8,800 (1,840) -43% 770.00000.530210.000 TAX ASSESSMENT SERVICES 274 30 104 595 700 400 (195) -71% 770.00000.530300.000 TRAINING AND EDUCATION - - - - - - - 0% 770.00000.530330.000 MEETING & BUSINESS EXPENSES - - - - - - - 0% 770.00000.530350.000 DUES & MEMBERSHIPS - - - - - - - 0% 770.00000.530410.000 INSURANCE PREMIUMS & BONDS 500 500 500 500 500 500 - 0% 770.00000.530415.000 INSURANCE DEDUCTIBLES - - - - - - - 0% 770.00000.530700.000 PRINTING & DUPLICATING - - - - - - - 0% 770.00000.530750.000 ADVERTISING & PROMOTION - - - - - - - 0% 770.00000.530800.000 LICENSES, FEES & PERMITS - - - - - - - 0% Total Contractual Services 62,645 18,168 67,876 14,395 15,352 11,900 (2,495) -4% 770.00000.540100.000 LAND - - - - - - - 0% 770.00000.54900.000 GAIN/LOSS ON SALE OF LAND 71,379 70,123 52,901 - - - - 0% Total Capital Outlay 71,379 70,123 52,901 - - - (71,379) -100% 770.00000.550100.000 TRANSFER TO CITY FOR NUISANCE VIOLATIONS - - - - - - 0% 770.00000.550470.000 TRANSFER TO CITY FOR DS PAYMENTS - NID 538,102 686,931 1,017,661 251,692 224,583 213,500 (38,192) -7% - - - - - - 0% Total Operating Transfers Out 538,102 686,931 1,017,661 251,692 224,583 213,500 (38,192) -7% TOTAL LAND BANK EXPENSES 672,126 775,222 1,138,438 266,087 239,935 225,400 (40,687) -11% \\cbswin1\finance\Financial Reporting\Land Bank of Blue Springs\Land Bank Budget\2023 Budget\Land Bank Budget FY 2022 Amendment and FY 2023 Budget.xlsx Land Bank Budget FY 2022 Amendment and FY 2023 Budget.xlsx Expenditure Summary

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