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Legislation #: 121041 Introduction Date: 12/13/2012
Type: Ordinance Effective Date: 12/30/2012
Sponsor: None
Title: Authorizing the Director of Aviation to Execute a Settlement Agreement with BBA U.S. Holdings, Inc. and Executive Beechcraft, Inc. settling a lawsuit related to BBA’s purchase of Executive Beechcraft.

Legislation History
DateMinutesDescription
12/12/2012 Filed by the Clerk's office
12/13/2012 Referred to Transportation & Infrastructure Committee
12/20/2012 Advance and Do Pass, Debate
12/20/2012 Passed

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121041.pdf Authenticated 855K Authenticated
121041 Fact Sheet.docx Fact Sheet 29K Fact Sheet
http://kansascity.granicus.com/ViewSearchResults.php?view_id=2&keywords=121041 Video Link 0K http://kansascity.granicus.com/ViewSearchResults.php?view_id=2&keywords=121041
Ordinance for Settlement Agreement.docx Other 13K Draft Ordinance

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ORDINANCE NO. 121041

 

Authorizing the Director of Aviation to Execute a Settlement Agreement with BBA U.S. Holdings, Inc. and Executive Beechcraft, Inc. settling a lawsuit related to BBA’s purchase of Executive Beechcraft.

 

WHEREAS, BBA U.S. Holdings, Inc. (“BBA”) commenced a lawsuit against the City of Kansas City, Missouri, entitled BBA U.S. Holdings, Inc., et al. v. The City of Kansas City, Missouri, et al., Case No. 0916-CV36906; and

 

WHEREAS, the City and BBA desire to settle and resolve the lawsuit by entering into a Settlement Agreement that provides for BBA to dismiss the lawsuit with prejudice and to amend the current leases between Executive Beechcraft, Inc.(“Executive”) and the City at Kansas City International Airport (“KCI Lease”) and Charles B. Wheeler Downtown Airport (“Downtown Lease”); and

 

WHEREAS, the Settlement Agreement provides Executive the option to extend the KCI Lease an additional twenty years to terminate on February 28, 2049 and the option to extend the Downtown Lease an additional fifteen years to terminate on December 31, 2050; and

 

WHEREAS, the Settlement Agreement provides a portion of Parcel C currently leased by Executive will be released to the City, rental credits to Executive of $800,000.00 for 2013, $450,000.00 for 2014 and $312,500.00 for 2015 through 2018, and the existing fire lane between Hangar 4 and the VML leasehold will be moved to encroach on Executive leasehold; NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That the City Council hereby accepts and approves of the terms of the Settlement Agreement with BBA U.S. Holdings, Inc. and Executive Beechcraft, Inc. to resolve the lawsuit between BBA and the City concerning the Executive leasehold at Charles B. Wheeler Downtown Airport, in substantial conformance with the terms of the copy of the Settlement Agreement attached hereto.

 

Section 2. That the Director of Aviation is hereby authorized to execute the Settlement Agreement, in substantial conformance with the terms set out in the copy of the Settlement Agreement attached hereto, and any other documents, including any KCI Lease and Downtown Lease amendments necessary to effectuate the terms of the Settlement Agreement.

 

_____________________________________________

 

Approved as to form and legality:

 

 

___________________________________

Dorothy L. Campbell

Assistant City Attorney