ELECTRONICALLY
RECORDED
JACKSON
COUNTY,
MISSOURI
07/25/2017
02:57:44
PM
MEMO
FEE:
$
63,00
15
Pages
INSTRUMENT
NUMBER:
2017E0068126
SPACE
ABOVE
THIS
LINE
IS
FOR
RECORDER'S
USE
ONLY
Title.of
Document:
MEMORANDUM
OF
UNDERSTANDING
Date
of
Document:
April^j,
2017
Grantor:
Grantor's
Address:
The
Trustees
of
The
Nelson
Gallery
Foundation,
a
charitable
trust,
created
under
a
Declaration
of
Trust
dated
December
23, 1954
The
Nelson
Gallery
Foundation
4525
Oak
Street
Kansas
City,
MO
64111
Grantees:
See
Page
1.
Grantees'
Address:
See
Page
1.
Legal
Description:
See
Exhibit
A
attached
hereto
Reference
No.
N/A
This
cover
page
is
attached solely
for
the
purpose
of
complying
with
the
requirements
stated
in
§§
59,310.2;
59.313.2
RSMo
2001
of
the
Missouri
Recording
Act.
The
information
provided
on
this
cover
page
shall
not
be
construed
as
either
modifying
or
supplementing
the
substantive
provisions
of
the
attached
document.
In
the
event
of
a
conflict
between
the
provisions
of
the
attached
document
and
the
provisions
of
this
cover
page,
the
attached
document
shall
prevail
and
control.
MEMORANDUM
OF
UNDERSTANDING
This
MEMORANDUM
OF
UNDERSTANDING
(this
"MOU")
is
made
and
entered
into
this
day
of
April,
2017,
by
and
between
the
Rockhill
Homes
Association,
a
Missouri
Registered
Neighborhood
Organization
("Rockhill")
having
an
address
at
704
Emanuel
Cleaver
II
Boulevard,
Kansas
City,
MO
64110,
Southmoreland
Neighborhood
Association,
a
Missouri
Registered
Neighborhood
Organization
("Southmoreland")
having
an
address
at
P.O.
Box
10127,
Kansas
City,
MO
64171
(Rockhill
and
Southmoreland
are
collectively
referred
to
the
"Grantees"),
and
The
Trustees
of
The
Nelson
Gallery
Foundation,
a
charitable
trust,
created
under
a
Declaration
of
Trust
dated
December
23,
1954
(the
"Museum"),
(separately
a
"party"
and
jointly
the
"parties").
WHEREAS,
the
Museum
is the
owner
of
certain
real
property
legally
described
on
Exhibit
A
attached
hereto
and
incorporated
herein
by
reference
(the
"Museum
Property").
WHEREAS,
the
Museum
seeks
to
establish
a
Master
Planned
Development
("MPD")
in
order
to
provide
a
framework
for
the
Museum's
future
development
within
the
City
of
Kansas
City,
Missouri
(the
"City");
WHEREAS,
in
collaboration
with
the
Grantees,
the
Museum
has
requested
that
the
MPD
be
established
upon
certain
terms
and
conditions
which
are
depicted
on
Exhibit
B
attached
hereto
and
incorporated
herein
by
reference
(the
"MPD
Plan
Notes");
and
WHEREAS,
desire
to enter
into
this
MOU
in
order
to
effectuate
the
MPD
Plan
Notes
and
provide
the
parties
with
a
method
of
self-enforcement
of
the
terms
and conditions contained
therein.
NOW,
THEREFORE,
in
consideration
of
the
mutual
covenants
and
promises
contained
herein,
the
parties
do
hereby
agree
as
follows:
1.
MPD
Plan
Notes.
Subject
to
prior
City
approval
of
the
MPD,
the
parties
hereby
acknowledge
and
accept
the
terms
and
conditions
set
forth
in
the
MPD
Plan
Notes.
2.
Term.
This
MOU
shall
commence
upon
the
City's
approval
of
the
MPD
and
shall
remain
in
force
until
such
time
as
the
MPD
is
terminated
and
shall
have
no
further
effect
on
the
Museum
Property.
3.
Modification
of
Agreement.
This
MOU
may
not
be
amended,
modified,
terminated
or
waived
orally,
but
only
by
a
writing
signed
by
the
parties
to
this
MOU.
4.
Entire
Agreement.
This
MOU
is the
entire
agreement
between
the
parties
and
may
not
be
amended
except
by
written
agreement
by
both
parties.
No
failure
to
enforce
or
require
compliance
with
any
provision
of
this
MOU
shall
constitute
an
amendment
to
this
MOU
or
preclude
enforcement
of
that
provision
in
the
future.
5.
Severability.
In
the
event
that
any
provision
of
this
MOU
is
found
by
a
court
of
competent
jurisdiction
to
be
unconstitutional
or
unlawful,
the
remaining
provisions
of
this
MOU
shall
be
valid
unless
the
court
finds
that
the
valid
provisions
of
this
MOU
are
so
essentially
and
inseparably
connected
with
and
so
dependent
upon
the
invalid
provision(s)
that
it
cannot
be
presumed
that
the
parties
to
this
MOU
could
have
included
the
valid
provisions
without
the
invalid
provision(s);
or
unless
the
court
finds
that
the
valid
provisions,
standing
alone,
are
incapable
of
being
performed
in
accordance
with
the
intentions
of
the
parties.
1
6.
Governing
Law.
This
MOU
shall
be
governed
by
the
laws
of
the
State
of
Missouri
and
shall
be
binding
on
the
parties'
successors,
heirs
and
assigns.
7.
Counterparts.
This
MOU
may
be
executed
in
multiple
counterparts,
all
of
which
together
shall
constitute
the
complete,
original
agreement.
[Remainder
ofpage
intentionally
left
blank;
signature
pages
and
exhibit
follows]
2
isj^dayof^ll:
Signed
and
agreed
to
this/Ml
day
of
rw»f
2017
The
Nelson
Gallery
Foundation
a
charitable
trust,
created
under
a
Declaration
of
Trust
dated
December
23,
1954
By:
^K4JJCn/(
tee
or
Chair
Shirty
Bush
I4elzbtrO)
STATE
OF
_
ss:
COUNTY
OF"3ojl\&£W
)
On
this
^4*^ay
of
April,
2017j_
before
me,|
for
said
state,
personally
appeared
Foundation,
a
charitable
trust,
created
under
a
declaration
of
Truk
known
to
me
to
be
the
person
who
executed
the
foregoing
instrument
in
behalf
of
said
charitable
trust
and
acknowledged
to
me
that
he
or
she
executed
the
same
for
the
purposes
therein
stated.
IN
WITNESS
WHEREOF,
I
have
hereunto
set
my
hand
and
affixed
by
notarial
seal
the
day
and
year
last
above
written.
a
Notary
Public
in
and
of
The
Nelson
Gallery
dated
December
23,
1954,
ommission Expires
Notary
Public
MARY
F.STONE
Notary
Public
•
Notary
Seal
STATE
OF
MISSOURI
Jackson
County
3
Rockhill
Homes
Association
a
Missouri
Registered
Neighborhood
Organization
President
STATE
OF
(y\
*
i
\\\SSoua
•
COUNTY
OF
)
)
ss:
On
thi^m'
day
of
April,
2017,
before
me,l
vVxfM
r-
ojt>^
,
a
Notary
Public
in
and
for
said
state,
personally
appearedp.
fof
The
Rockhill
Homes
Association,
a
Missouri
registered
neighborhood organization,
known
to
me
to
be
the
person
who
executed
the
foregoing
instrument
in
behalf
of
said
organization
and
acknowledged
to
me
that
he
or
she
executed
the
same
for
the
purposes therein
stated.
IN
WITNESS
WHEREOF,
I
have
hereunto
set
my
hand
and
affixed
by
notarial seal
the
day
and
year
last
above
written.
My
Commission
Notary
Public
MARY
F.
STONE
Notary
Public
-
Notary
Seal
STATE
OF
MISSOURI
Jackson
County
My
Commission
Expires:
Sept..9,
2019
Commission
#
15636942
Jwvw
Expiry
^
ww
-
<
Not
4
Southmoreland
Neighborhood
Association
a
Missouri
Registered
Neighborhood
Organization
STATE
OF
COUNTY
OF
"3d
d4»CJW
)
)
ss:
On
thisojCj
1
day
of
April,
2017,
Jtafore
mc,
for
said state,
personally
appeared/Tyuire^
a
Notary
Public
in
and
of
The
Southmoreland
Neighborhood
Association,
a
Missouri
registered
neighborhood
organization,
known
to
me
to
be
the
person
who
executed
the
foregoing
instrument
in
behalf
of
said
organization
and
acknowledged
to
me
that
he
or
she
executed
the
same
for
the
purposes
therein
stated.
IN
WITNESS
WHEREOF,
I
have
hereunto
set
my
hand
and
affixed
by
notarial
seal
the
day
and
year
last
above
written.
Notary
Public
My
Commission
Expires:
Notary
Public
-
Notary
Seal
STATE
OF
MISSOURI
Jackson
County
My
Commission
expires:
Sept.
9,2019
4
Commission
#
15036942
5
EXHIBIT
A
Museum
Property
400
E.
45
th
Street:
The
West
151.47
feet
of
BLOCK
1,
AMENDED
PLAT
OF
ROCKHILL,
a
subdivision
in
Kansas
City,
Jackson
County,
Missouri,
according
to
the
recorded
plat
thereof.
414
E.
45
th
Street:
The
East
75.52
feet
of
the
West
226.99
feet
of
Block
1,
AMENDED
PLAT
OF
ROCKFIILL,
a
subdivision
in
Kansas
City,
Jackson
County,
Missouri,
according
to
the
recorded
plat
thereof.
420
E.
45
th
Street:
The
East
75.52
feet
of
the
West
302.51
feet
of
BLOCK
1,'
AMENDED
PLAT
OF
ROCKHILL,
a
subdivision
in
Kansas
City,
Jackson
County,
Missouri,
according
to
the
recorded
plat
thereof.
500
E.
45
th
Street:
The
West
150
feet
of
the
East
300
feet
of
BLOCK
1,
AMENDED
PLAT
OF
ROCKHILL,
a
subdivision
in
Kansas
City,
Jackson
County,
Missouri,
according
to
the
recorded
plat
thereof.
510
E.
45
th
Street:
The
East
150
feet
of
Block
One,
AMENDED
PLAT
OF
ROCKHILL,
a
subdivision
in
Kansas
City,
Jackson
County,
Missouri,
according
to
the
recorded
plat
thereof.
4520
Kenwood
Avenue:
The
North
245.24
feet
of
the
South
491
feet
of
Block
5,
Amended
Plat
of
Rockhill,
in
Kansas
City,
Jackson
County,
Missouri,
according
to
the
recorded
plat
thereof.
421
E.
45
th
Street:
Block
Six,
AMENDED
PLAT
OF
ROCKHILL,
a
subdivision
in
and
to
Kansas
City,
Jackson
County,
Missouri,
according
to
the
recorded
plat
thereof.
6
EXHIBIT
B
MPD
Plan
Notes
[See
Attachment]
Nelson-Atkins
Museum
and
Rockhill/Southmoreland
Neighborhood
Associations
Agreed
MPD
Plan
Notes
As
of
4/8/17
The
following
notes
are
not
inclusive
of
all
notes
outlined
in
the
City
Plan
Commission
(the
"CPC")
Staff
Report,
dated
November
15,
2016,
and
provided
by
the
Development
Review
Committee
at
the
October
18,
2016,
meeting.
It
represents
those
Master
Planned
Development
(the
"MPD")
terms
agreed
to
by
the
above
stated
parties.
1.
PLAN
AMENDMENTS.
All
"Major
Amendments",
as
defined
in
88-516-06-A,
and
"Minor
Amendments",
as
defined
in
88-516-06-B,
shall
require
the
same
approval
process
that
includes
public
notice
requirements,
public
hearing,
CPC
recommendation,
and
City
of
Kansas
City,
Missouri
(the
"City")
city
council
(the
"City
Council")
approval.
2.
PHASE
I
(the
"45
th
STREET
PROPERTIES")
FOUR
HISTORIC
RESIDENCES.
(400,
414,
420,
and
500
East
45th
Street).
a. Permitted
Uses.
The
permitted
use
for
the
45
th
Street
Properties
is
museum
administrative/professional
office
(for
definitional
purposes,
professional
use
should
relate
to
the
Nelson-Atkins Museum
of
Art's
(the
"Museum")
oversight
and
include
employees,
volunteers,
and
other
individuals
assisting
in
the
operation
of
the
Museum
and
its
programming
and
no
other
use
(other
than
single
family
residence)
shall
be
permitted;
provided
however,
adaptive
reuse
of
the
property
generally
referred
to
as
the
Feingold
residence ("Feingold")
shall
be
permitted
as
long
as
the
exterior
of
the
building
is
preserved.
No
building
or
addition
on
the
north
of
the
Feingold
home
will
be
allowed.
Any
adaptive
reuse
must
complement the
architectural
integrity
of
Feingold
and
be
consistent
with
the
surrounding
area.
It
is
the
intent
of
the
Museum
to
use
the
45th
Street
Properties
for
such
purposes
and,
upon
a
determination
that
such
need
shall
cease,
return
them
to
residential
status.
Within
three
years
of
the
MPD
approval
the
Museum
will
annually
provide
the
below
mentioned
Stewardship Committee
a
then
current
understanding
of
the Museum's
intent
to
continue
or
cease
such
use.
At
such
time
as
the
Museum
determines
that
the
property
is
no
longer
necessary
for
the
aforementioned
permitted
use,
the
zoning
shall
revert
back
to
R-5.
If
the
Museum
ever
sells
any
of
the
45
th
Street
Properties,
the
Museum
intends
to
take
necessary
steps,
consistent
with
this
agreement,
to
preserve
the
45
th
Street
Properties
as
historically
significant
single
family
residences
consistent
with
the
Rockhill
Historic
District,
which
may
include
deed
restrictions.
If
such
sale
goes
through
a
public
process
or
modified
public
process,
certain
bidding
requirements
must
be
agreed
upon
between
the
Museum
and
Rockhill
Homes
Association
("Rockhill")
and
the
Southmoreland
Neighborhood
Association
("Southmoreland")
(Rockhill
and
Southmoreland
are
collectively
referred
to
herein
as
the
"Associations").
At
minimum,
the
process
must
require
that
the
bidding
party
present
as
part
of
their
proposal
their
architectural
and
rehabilitation
plans
and
confirm
their intent
to
maintain
the
integrity
of
such
property
as
a
8
historically
significant
single
family
residence
consistent
with
the
Rockhill
Historic
District.
b.
Plans.
Phase
I
(45
th
Street
Properties)
shall
require
MPD
final
plan
approval
from
the
CPC
and
said
plan
shall
include
a
site plan,
landscape
plan,
signage
plan,
and
lighting
plan.
c.
Phasing.
Renovation
of
the
45
th
Street
Properties
will
occur
over
an
extended
period
of
time.
The
renovation
for
offices,
creation
of
new
Museum gallery
space
in
the
Museum
Block (as
defined
herein),
and
the
renovation
of
the
next
residence
will occur
one
after
the
other.
The
necessary
renovation
work
will
be
undertaken
in
phases
with
Feingold
being
restored
and
utilized
first.
Thereafter,
the
buildings
located
at
414
and
420
East
45th
Street
will
be
renovated
based
on
need
and
budget.
The 414
E.
45
th
Street
residence
will
be
the
last
renovated.
The Museum will
revise
existing
eviction
notices
and
new
dates
will
be
given
providing
for
tenancy
until
at
least
December
31,
2018.
On
or
before
March
31,
2018,
the
Museum
shall
notify
all
tenants
whether
the
aforementioned
notice
will
be
effectuated.
If
the
tenancy
shall
last
beyond
December
31,
2018,
the
Museum
will
provide
not
less
than
six
months'
notice
of
any
termination.
d.
Parking.
A
parking
plan
shall
be
submitted
as
part
of
the
final
plan
approval
for
Phases
I
and
II.
MPD
G001
depicts
the
existing
parking
spaces
that
are
to
remain
for
each
location
at
the
45
th
Street
properties
and
said
parking
shall
not
be
expanded.
Visitors,
deliveries,
and
construction
workers
should access
the
properties
from
45
th
Street.
The
employees,
construction
workers
and
deliveries
will
utilize
existing
parking
in
the
driveways
of
the
45
th
Street
Properties
to
limit
pedestrian
traffic
in
those
locations.
The
remainder of
employee
parking
shall
be
in
the
Museum's
existing
garage;
provided
however,
the
parking
lot
located
on
the
Kirkwood
Property
(as
defined
herein)
may
be
used
in
accordance
with
Section
3.d.
herein.
e.
(45th
Street
and
Rockhill
Road
Parking
Lot).
The
MPD
is
not
requesting
any
development
of
the
45th
Street
and
Rockhill
Road
parking
lot (commonly
referred
to
as
510
E.
45th
Street)
at
this
time.
Any
variance
from
the
aforementioned
would
require
the
MPD
to
go
through
the
Major
and
Minor
Amendment approval
process
and
shall
require
approval
of
an
MPD
final
plan
from
the
CPC
and
City
Council.
The
permitted
potential
building
is
three
stories
with
a
basement,
up
to
but
not
exceeding
12,500
square
feet
per
floor,
with
a
total
of
50,000
square
feet
and
the
height
will
not
exceed
the
adjacent residence
at
500
East
45th
Street
subject
to
approval
of
the
Stewardship
Committee
and
City
requirements.
Any
potential
building
shall
only
be
used
for
museum
administrative/professional
offices.
The
exterior
of
the
building
shall
complement
and
be
compatible
with
the
Rockhill
Historic
District, and
the
adjacent
Southmoreland
Historic
District
in
accordance
with
the
Kansas
City
Landmarks
Commission
Urban
Design
Guidelines
and
Standards
adopted
by
Ordinance
and
Midtown/Plaza
Area
Plan
"Guiding
Principles
With Area-Wide
Recommendations"
(p.
23-26)
utilizing
the
Secretary
of
the
Interior
Standards.
9
f.
MPD
Final
Plan.
The
Museum
shall
secure
approval
of
an
MPD
final
plan
for
Phase
I
from
the
CPC
prior
to
certificates
of
occupancy
for
administrative
office
uses
of
any
of
the
buildings
in
Phase
I,
except
for
the
residence
located
at
400
East
45th
Street
(the
"Bishop's
Property")
which
is
already
being
used
as
museum
offices.
The
Museum
shall
secure
approval
of
an
MPD
final
plan
for
Phase
III
from
the
CPC
prior
to
certificates
of
occupancy
for
administrative
office
uses
of
any
of
building
in
Phase III.
3.
PHASE
II
(Kirkwood
Property)
a.
Permitted
Uses.
The
Museum
intends
to
sell
the
residence
located
at
4520
Kenwood
(the
"Kirkwood
Residence")
which
shall
include
a
residential
yard
approximately
three-fourths
(3/4)
of
one
acre
in
size
and
the
MPD
should
reflect
this
subdivision.
If
the
sale
of
the
Kirkwood
Residence
goes
through
a
public
process
or
modified
public
process
certain
bidding
requirements
must
be
agreed
.
upon
between
the
Museum
and
the
Associations.
At
minimum,
the
process
must
require
that
the
bidding
party
present
as
part
of
their
proposal
their
architectural
and
rehabilitation
plans
and
confirm
their
intent
to
maintain
the
integrity
of
the
Kirkwood
Residence
as
a
historically
significant
single
family
residence
consistent
with
the
Rockhill
Historic
District.
Any
party
purchasing
the
Kirkwood
Residence
must
confirm
the
intention
and
all
subsequent
owners
shall
be
subject
to
this
restriction.
The
Kirkwood Residence
will
be
subject
to
deed
restrictions
to
that
effect.
The
permitted
use
for
the
remaining
grounds
of
the
Kirkwood
Property
shall only
be
a
sculpture
park,
garden,
or
park
with
walkway
paths
and
accompanying
amenities
(the
"Sculpture
Park")
and
the
existing
parking
lot
shall
remain subject
to
3.d.
below
At
such
time
as
the
Museum
determines
that
the
Kirkwood
Property
is
no
longer
needed
for
the
Sculpture
Park,
Phase
II
of
the
approved
MPD
shall
have
no
further
effect
on
the
Kirkwood
Property
and
the
regulations
of
the
R-6
zoning district
shall
govern
those
portions
of
the
Kirkwood
Property.
b.
Kirkwood
Property
Changes.
The
Museum
will
commence
the
process
for
removal of
the
existing
tennis
courts
and
fence,
as
well
as
provide
landscaping
(consistent with
the
surrounding
area)
for
the
location
of
the
former tennis
courts,
within
nine
(9)
months from
the
date
of
MPD
approval
by
the
City
Council
and
complete
within
a
time
period
as
reasonably
soon
as
practicable
from
the
date
of
commencement.
The
parking
lot
will
be
subject
to
the
plans
in
paragraph
3.d
herein.
c.
Plans.
Phase
II
shall
require
MPD
final
plan
approval
from
the
CPC
and
shall
include
a
detailed
site
plan
and
landscape
plan
for
the
removal
of the
existing
tennis
courts
and
fence.
1)
A
separate
and
more detailed
site
plan,
landscape
plan,
signage
plan,
lighting
plan,
and
traffic
study
shall
be
required
prior
to
implementation
of
the
Sculpture
Park.
10
2)
The
Sculpture
Park
plan
shall
graphically
depict
the
extent
of
the
sculpture
gardens,
including
detailed
information
for
the
renovation
of
the
existing
surface
parking
lot
in
accordance
with
paragraph
3.d
herein,
security,
art
locations,
pathways,
lighting,
irrigation,
signage,
parking,
retention
of
mature
trees,
new
grass,
trees,
shrubs,
and
decorative
security
fencing.
The
design
plan
will
provide
adequate
screening
and
buffering.
3)
A
signage
plan
that
defines
the
placement
and
measurement
of
all
signage.
4)
The
lighting
plan,
with
photometric
study,
shall
be
submitted
per
City
standards.
All outdoor
lighting
must
be
reflected
away
from
residences
and
streets.
5)
The
height
of
the
existing
Kirkwood
Residence
or
35
feet,
whichever
is
greater,
unless
otherwise
consented
by
the
Stewardship
Committee,
shall
serve
as
the
maximum
height
allowed
for
any
new
sculptures
in
the
Sculpture
Park.
6)
The
Museum
will
work
with
the
neighbors
as
they
develop
the
plan
for
the
Sculpture
Park
which
must
be
sensitive
to
the
adjoining
single
family
residences
and
incorporate
landscaping
consistent
with
the
surrounding
area
and
decorative
fencing
that
allows
visibility
to/from
the
park.
d.
Parking.
The
parking
lot
area
will
be
landscaped
and
bermed
to
reduce
pavement
visibility
and
increase
aesthetic
integration into
the
Sculpture
Park.
The
parking
lot
will
be
returned
to
park-like
status
with
permeable
paving
consistent
with
the
grounds.
The
parking
lot
will
be
used
by
Museum
staff
only
for
days
of
high
demand
for
visitor
parking,
which
shall
include the
following
six
(6)
Major
Festivals
held
by
the
Museum,
the
Jewel
Ball, and
the
last
day
of
(3)
Major
Exhibits
per
year.
The
parking
lot
shall
be
completely
removed
by
December
31,
2020.
e.
MPD
Final
Plans.
The
Museum
shall
secure
approval
of
a
MPD
final
plan
for
Phase
II
from
the
CPC
prior
to
permits
for
any
work
in
Phase
II
except
for
the
work
described
in
Section
3.b.
4.
421
E.
45
th
STREET
(MUSEUM
BLOCK).
The
Museum
will
place
a
priority
on
the
expansion
of
the
Museum
Block,
which
will
not
be
subject
to
the
other
Sections
of
this
Agreement.
The
permitted
use
for
the
Museum
Block shall
be
museum,
library,
cultural
exhibit,
museum
shop,
restaurant,
education
activities,
and
parking.
No
other
uses
shall
be
permitted.
Potential
future
development
shall
only
occur
as
noted
below:
a.
Museum
Block
South
East
Corner;
b.
Museum
Block
Westside
of
Property;
c.
Museum
Block North
West
Corner
of
Property;
and
d.
Museum
Block
South
West
Corner
of
Property.
11
5.
FUTURE
PHASES.
Consolidate
Phases
III
and
IV
into
one phase
as
a
future
phase
with
a
narrative
description
of
the
intent
of
the
phase
and
stating
that
such
phase
shall
require
approval
of
all
"Major
Amendments"
as
defined
in
88-516-06-A
and
"Minor
Amendments"
as
defined
in
88-516-06-B
from
the
City
Council
following
CPC
recommendation
including
public
hearings
at
both.
6.
ALTERNATE
PHYSICAL
SITE
CONSIDERATIONS.
The
Museum
is
committed
to
evaluate
east/west
connections
as
part
of
any amendment
or
phase
approval.
Said
connection
is
described
in
"Envisioning
a
Cultural
District"
as
expansion
of
the
district
to
the
east
to
include
Bruce
R.
Watkins
Cultural
Center
as
a
participating
institution.
7.
HISTORIC
PRESERVATION.
a.
The
45
th
Street
Properties
are
identified
as
significant
contributors
within
the
,
"Rockhill
Historic
District"
which is
identified
on
the
"National
Register
of
Historic
Places,"
the
"State
Registry
of
Historic
Places,"
and
the
"Kansas
City
Register
of
Historic
Places."
All
of
the
properties
were
owned
by
William
•
Rockhill
Nelson,
were
zoned
residential
by
Mr. Nelson,
and
were
built
under
the
protection
of
the
Rockhill
Homes
Association
Plan.
This
MPD
plan
also
lies
adjacent
to
the
"Southmoreland
Historic
District"
and
is
a
significant
contributor
to
the
architectural
identity
and
character
of
the
Midtown/Plaza
area.
The
2016
Midtown/Plaza
Plan
states
"It
is
this
collective
value
of
the
urban
design
character
that
this
plan
seeks
to
protect
and to
reinforce
as
the
Plaza
continues
to
grow
and
evolve."
The
2012
Cultural
Heritage
Plan
states:
"The
preservation
of
this
historic
character
is
critical
to
the
long-
term
viability
and
ambiance
of
the
Midtown/Plaza
area."
b.
The
Museum's
use of the
45th
Street
Properties
will
support
their
long-term
preservation.
No
original
interior
or
load
bearing
walls
will
be
removed.
These
properties will
be
protected
from
"demolition-by-neglect"
and
rehabilitated,
provided
however,
the
adaptive
reuse
of
Feingold shall
be
permitted
so
long
as
the
exterior
of the
building
is
preserved.
Taking
into
account
code
compliance,
including
compliance
with
the
Americans
with
Disabilities
Act,
the
45th
Street
Properties
will
be
protected
and
any
exterior
rehabilitation
shall
be
conducted
in
accordance
with
well-established
preservation
standards
that
apply
to
properties
recognized
as
historically
significant,
which
shall
include,
to
the
extent
permitted
by
the
guidelines/standards
required
in
Section
9 and
Section
11
herein,
the
Secretary of
the
Interior's
Standards
for
the
Treatment
of
Historic
Properties,
the
Kansas
City
Landmarks
Commission
Urban
Design
Guidelines
and
Standards
adopted
by
Ordinance,
and
Midtown/Plaza
Area
Plan
"Guiding
Principles
with
Area-Wide
Recommendations"
(p.
23-26).
The
exteriors
of
the
45th
Street
Properties
will
be
maintained
in
their
current
historic
appearance
with
provisions
for
ADA/FLS
compliance
subject
to
approval
in
consultation
with
the
Stewardship
Committee.
c.
The
45th
Street
Properties
shall
be
maintained
in
a
good
physical
and
functional
condition.
The
Kirkwood Residence
shall
be
sold
in
its
current
condition.
The
12
Museum
shall
provide
information,
as
reasonably
appropriate,
to
the
structural
soundness
for
the
45th
Street
Properties,
to
the
Associations
prior
to
approval
of
the
MPD
final
plan
for
Phase
I
and
II,
and
on
an
annual
basis
thereafter.
In
addition,
the
Museum
shall
provide
an
opportunity
annually
for
open
inspection
of
each
of
the
buildings
by
the
Stewardship
Committee.
d.
All
treatment
plans
and
any
proposed
change
to
the
45th
Street
Properties
shall
be
consistent
with
this
agreement
and
approved
in
consultation
with
the
Stewardship
Committee.
e.
The
MPD
zoning,
including
applicable
rights
and
obligations
contained
therein
shall
cease
upon
the
sale
of
the
45
th
Street
Properties.
STEWARDSHIP
COMMITTEE.
The
Museum
shall
create
with
the
Associations
a
committee
(the
"Stewardship
Committee"),
similar
to
the
model
used
by
Union
Station.
The
purpose
of
the
Stewardship
Committee
will
be
to
continue
the
collaborative
working
partnership
between
the
Museum
and
the
Associations
to
further
enhance
and
protect
the
cultural,
architectural
and historic
nature
of
the
area.
The
Stewardship
Committee
shall
remain
in
existence
as
long
as
the
45th
Street
Properties
are
used
for
museum
administrative/professional
offices
and
there
is
a
Sculpture
Garden.
The
Stewardship
Committee
shall
exist
to
review
the
issues
of
historic
preservation
and
neighborhood
integration
of the
45th
Street
Properties
and
the
Sculpture
Garden,
not
curatorial
issues
or
sculpture
selection.
The
Stewardship
Committee
will
consist
of
a
representative
of
Rockhill,
Southmoreland,
and
the
president
of
Historic
Kansas
City,
and
three
members
selected
by
the
Museum.
The
Stewardship
Committee
will
be
staffed
by
the
Museum.
A
representative
of
the
National
Trust
for
Historic
Preservation
will
also
serve
as
a
non-voting
advisor
to
the
Stewardship
Committee.
The
Stewardship
Committee
will
meet
at
least
three
times
per
year
for
the
first five
years.
After
the
first five
years,
the
Stewardship
Committee
will
meet
at
least
two
times
per
year.
The
Museum
Block
is
excluded
from
the
Stewardship
Committee
oversight
matters.
45
th
Street
Properties:
The
Stewardship
Committee
will
review
and
comment
for approval
on
the
historic
preservation
of
the
45
th
Street
Properties
and
any
interior
or
exterior
architectural
changes
and
compliance
with
the
standards
contained
in
this
agreement
for
such
changes.
In
addition,
the
Stewardship
Committee
will review
and
comment
on
any
additions
or
deletions
to
the
exterior grounds
of
the
45
th
Street
Properties.
The
Stewardship
Committee
shall
review
and
comment
for
approval
on
any
future
development
plan,
excluding
any
development
plan
for
the
Museum
Block,
within
forty-
five
(45)
days
of
receipt.
13
Sculpture
Park:
The
Stewardship
Committee
shall
review
and
comment
for
approval
of
the
detailed
Sculpture
Park plan
with
the
contents
described,
but
not
limited
to,
those
referenced
in
3
CI
&
2
of
this
Agreement.
The
Stewardship
Committee
can
also
review
and
comment
on
other
issues
that
the
Museum
or
the
Associations
might
bring
before
it.
The
Stewardship Committee
will
be
governed
in
a
manner
consistent
with
the
standards
of
good
governance
agreed
upon
by
the
Stewardship
Committee.
With
respect
to
disputes,
the
Stewardship
Committee
shall
adopt
a
protocol
for
alternate
dispute
resolution.
9.
MIDTOWN/PLAZA
AREA
PLAN
GUIDELINES.
Guidelines
for
Districts
and
Neighborhoods,
as
defined
in
the
Midtown/Plaza
Area
Plan,
shall
be
incorporated
into
the
MPD
to
guide
future
development.
1
10.
LOT
AND
BUILDING
STANDARDS.
Lot
and
building
standard
notps.
revised
to
clearly
state
that
the
current
building
setbacks
and
height
restrictions
for
the
existing
structures
shall
apply
to
any
new
structure.
11.
PARKS
DEPARTMENT
STANDARDS.
The
MPD
shall
conform
to
the
standards
"The
Boulevard
and
Parkway
Standards
88-323-01"
of
the
City's
Zoning
and
Development
Code,
as
amended,
for
the
streets
that
are
within
the
jurisdiction
of
the
Parks
Department.
12.
ENFORCEMENT.
It
is
the
intention
of
the
parties
to
this
agreement
consistent
with
the
Memorandum
of
Understanding
(MOU),
that
the
MOU
and
this
agreement
will
be
recorded
on
the
45
th
Street
Properties
and
the
Kirlcwood
Property
and
enforceable
by
the
parties
hereto.
14
