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Legislation #: 170145 Introduction Date: 2/23/2017
Type: Ordinance Effective Date: none
Sponsor: COUNCILMEMBER REED AND COUNCILMEMBER LUCAS
Title: Authorizing the Director of Neighborhoods and Housing Services to execute a lease agreement with Lipari Brothers, Inc. for the purposes of operating a grocery store at the Linwood Shopping Center, and an amendment to an existing lease agreement with Linwood Shopping Center Initiative, LLC, for the purpose of revising the list of prohibited uses within the remainder of the Linwood Shopping Center.

Legislation History
DateMinutesDescription
2/22/2017 Filed by the Clerk's office
2/23/2017 Referred to Finance and Governance Committee
3/1/2017 Advance and Do Pass, Debate
3/2/2017 Passed

View Attachments
FileTypeSizeDescription
170145.pdf Authenticated 99K Authenticated
170145 -# 55630889 Grocery Lease.pdf Other 186K 170145
170145 Maxwell - first amendment to lease (2.10.17).pdf Other 51K 170145
170145 Fact Sheet-Linwood Shopping Center.pdf Fact Sheet 70K 170145

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ORDINANCE NO. 170145

 

Authorizing the Director of Neighborhoods and Housing Services to execute a lease agreement with Lipari Brothers, Inc. for the purposes of operating a grocery store at the Linwood Shopping Center, and an amendment to an existing lease agreement with Linwood Shopping Center Initiative, LLC, for the purpose of revising the list of prohibited uses within the remainder of the Linwood Shopping Center.

 

WHEREAS, the City owns and is redeveloping the Linwood Shopping Center generally located at 31st Street and Prospect Avenue, in Kansas City, Missouri; and

 

WHEREAS, the plans for the Linwood Shopping Center include the construction and operation of an approximately 38,000 square foot grocery store, and adjoining retail space of approximately 26,580 square feet; and

 

WHEREAS, the City executed that certain Master Lease and Completion Agreement (the “Retail Lease”) with Linwood Shopping Center Initiative, LLC, on or about May 9, 2016, for the purpose of leasing it the adjoining retail space; and

 

WHEREAS, the Retail Lease includes a list of prohibited uses for that adjoining retail space, designed to ensure that the retail operations are consistent with the successful operation of a first-class grocery store; and

 

WHEREAS, the Retail Lease provides that the list of prohibited uses will be periodically reviewed by the City for the purposes of ensuring its objectives are realized; and

 

WHEREAS, the City intends to lease the grocery store to Lipari Brothers, Inc. (the “Grocery Lease”); and

 

WHEREAS, the City, Lipari Brothers, Inc. and Linwood Shopping Center Initiative, LLC have jointly discussed and agreed upon appropriate modifications to the list of prohibited uses for the Retail Lease; and

 

WHEREAS, the City intends to amend the Retail Lease for the purposes identified herein; and

 

WHEREAS, additional modifications to the Grocery Lease and Retail Lease may be necessitated in the future; NOW, THEREFORE;

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That the Director of Neighborhoods and Housing Services is hereby authorized to execute the Grocery Lease with Lipari Brothers, Inc. for an initial term of 20 years with four renewal options totaling an additional 20 years, and including an option to purchase and right of first refusal. The Grocery Lease is approved in substantial form as attached hereto.

 

Section 2. That the Director of Neighborhoods and Housing Services is hereby authorized to execute an amendment to the Retail Lease for the purpose of revising the list of prohibited uses. The amendment is approved in substantial form as attached hereto.

 

Section 3. That the Director of Neighborhoods and Housing Services is hereby authorized to execute such further amendments to the Grocery Lease and Retail Lease as he may reasonably determine to be necessary, without further City Council approval, provided such further amendments are substantially consistent with the terms of those agreements as authorized by the City Council.

 

___________________________________________________

 

Approved as to form and legality:

 

 

____________________________

Brian T. Rabineau

Assistant City Attorney