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Legislation #: 150257 Introduction Date: 4/9/2015
Type: Ordinance Effective Date: none
Sponsor: COUNCILMEMBER FORD
Title: Approving and authorizing an agreement to terminate a long term lease for the use of athletic fields and concession facilities at Tiffany Hills Park with Southern Platte County Athletic Association (SPCAA) for $200,000.00 in order to fully discharge and settle all possible claims relating to the early termination of this lease; and recognizing an accelerated effective date.

Legislation History
DateMinutesDescription
4/9/2015 Filed by the Clerk's office
4/9/2015 Referred to Planning, Zoning & Economic Development Committee
4/15/2015 Advance and Do Pass, Debate
4/16/2015 Passed

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150257.pdf Authenticated 104K Authenticated

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ORDINANCE NO. 150257

 

Approving and authorizing an agreement to terminate a long term lease for the use of athletic fields and concession facilities at Tiffany Hills Park with Southern Platte County Athletic Association (SPCAA) for $200,000.00 in order to fully discharge and settle all possible claims relating to the early termination of this lease; and recognizing an accelerated effective date.

 

WHEREAS, on July 14, 2000, the City, through the Board of Parks and Recreation Commissioners, entered into a Cooperative Agreement including six amendments with SPCAA to lease the parkland at Tiffany Hills Park and to construct, maintain, manage and operate the athletic fields and concession facilities at the park; and

 

WHEREAS, pursuant to this Cooperative Agreement, SPCAA (d/b/a Northland Sports Alliance) constructed eight baseball fields, two soccer fields, two concession stands and restrooms, bleachers, a maintenance shed and installed lighting for the fields at the Tiffany Hills Park; and

 

WHEREAS, the remaining term of this Agreement is fourteen years and ends on December 31, 2029, and SPCAA is only required to pay the City $1.00 per year for use of the fields and facilities at Tiffany Hills Park; and

 

WHEREAS, due to some unforeseen financial difficulties by SPCAA and lack of annual revenue from SPCAA’s current use of the athletic fields and concession facilities at Tiffany Hills Park, the City wants to terminate this long term cooperative agreement; and

 

WHEREAS, this would allow the City the opportunity to explore more profitable options regarding the use of these athletic fields and concession facilities for 2016 and beyond; and

 

WHEREAS, the current agreement allows the City to terminate the agreement only if SPCAA fails to comply with any of the provisions required under the agreement and SPCAA is not currently in default under this agreement; and

 

WHEREAS, the City has agreed to pay SPCAA $200,000.00 to terminate this long term lease and fully discharge and settle all potential claims relating to the early termination; NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That the Director of the Parks Department is hereby authorized to enter into an agreement to terminate the lease agreement with SPCAA and pay the sum of $200,000.00 from funds previously appropriated in the following account. A copy of this agreement is on file at the Parks Department.

15-2030-702542-B North Region Athletics $200,000.00

 

Section 2. That this ordinance, relating to the appropriation of money, is recognized as an ordinance with an accelerated effective date as provided by Section 503 (a)(3)(C) of the Charter and shall take effect in accordance with Section 503, City Charter. 

 

___________________________________________

 

I hereby certify that there is a balance, otherwise unencumbered, to the credit of the appropriation to which the foregoing expenditure is to be charged, and a cash balance, otherwise unencumbered, in the treasury, to the credit of the fund from which payment is to be made, each sufficient to meet the obligation hereby incurred.

 

 

_________________________________

Randall Landes

Director of Finance

 

Approved as to form and legality:

 

 

________________________________

Lana K. Torczon

Assistant City Attorney