ORDINANCE NO. 120571
Authorizing the Director of
Convention and Entertainment Facilities to execute two Termination, Release and
Release of Guaranty agreements with AEG Management KC, LLC (“Manager”) and
Anschutz Entertainment Group (“Guarantor”) regarding management of Kemper Arena
and the American Royal Center; authorizing payment of six monthly installment
payments for each facility in accordance with the Termination, Release and
Release of Guaranty agreements by June 30, 2012; and authorizing a Third
Amendment to the Arena Management Agreement.
WHEREAS, the City and Manager
are parties to a Kemper Arena Management Agreement and an American Royal Center
Management agreement dated as of July 16, 2007 and December 31, 2007,
respectively, both guaranteed by Guarantor; and
WHEREAS, Manager has managed
both facilities through these agreements that are set to expire on December 31,
2012; and
WHEREAS, City desires to
self-manage both Kemper Arena and the American Royal Center starting July 1,
2012, six months before the original contract expiration dates; and
WHEREAS, termination and release
documents are necessary to accomplish the early termination of these agreements
and to release Guarantor from its obligations under the Guaranty, with the
consent of Manager and Guarantor; and
WHEREAS, City and AEG Kansas
City Arena, LLC, desire to execute a Third Amendment To Arena Management
Agreement (Sprint Center) to make necessary changes that result from the
termination of the Kemper Arena and American Royal Center management agreements;
NOW, THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF
KANSAS CITY:
Section 1. That the Director of
Convention and Entertainment Facilities is authorized execute a Termination,
Release and Release of Guaranty with AEG Management KC, LLC and Anschutz
Entertainment Group regarding management of Kemper Arena.
Section 2. That the Director of
Convention and Entertainment Facilities is authorized to expend $78,905.68 from
funds previously appropriated to Account No. 2360-631110-611010 to pay six
monthly management fee installments by June 30, 2012 for the termination of the
Kemper Arena Management Agreement.
Section 3. That the Director of
Convention and Entertainment Facilities is authorized execute a Termination,
Release and Release of Guaranty with AEG Management KC, LLC and Anschutz
Entertainment Group regarding management of the American Royal Center.
Section 4. That the Director of
Convention and Entertainment Facilities is authorized to expend $47,343.45 from
funds previously appropriated to Account No. 2360-631100-611010 to pay six
monthly management fee installments by June 30, 2012 for the termination of the
American Royal Center Agreement; and
Section 5. That a Third
Amendment to the Arena Management Agreement between the City and AEG Kansas
City Arena, LLC, is hereby accepted and approved. A copy of the amendment is
on file with the Director of Conventions and Entertainment Facilities.
_____________________________________________
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 J. Landes
Director of
Finance
Approved as to
form and legality:
______________________________
Joseph A. Guarino
Assistant City
Attorney