ORDINANCE NO. 921391

Approving and authorizing settlement of a lawsuit by Hardee's Food Systems, Inc. and the partners of V.T.B. Six against Kansas City, Missouri, resulting from refusal of the City to approve a modification to the Hardee's Restaurant located generally at 101st Street and Wornall Road; and recognizing an emergency.

WHEREAS, Hardee's Food Systems, Inc. ("Hardee's") filed an application on September 15, 1988, to demolish the existing restaurant and to construct a facility with a drive-thru window at 101st and Wornall Road; and

WHEREAS, on February 7, 1989, the City Plan Commission voted to recommend denial of the request; and

WHEREAS, thereafter, Hardee's filed a Petition in four counts and were joined by the partners of V.T.B. Six, the owner of the fee interest, as party plaintiffs; and

WHEREAS, the partners of V.T.B. Six are David M. Block, Lonnie J. Shalton, Jay M. Friedman, Gregory A. Boechler, Dan Thellman, Cecil Van Tuyl and Nona Martin (hereinafter collectively referred to as "V.T.B. Six"); and

WHEREAS, on November 1, 1990, trial commenced on the issues and taken up by the trial court again on December 13, 1990, but continued to allow the parties an opportunity to pursue settlement of the litigation; and

WHEREAS, Hardee's and V.T.B. Six have agreed to a settlement of the issues as set forth in the Settlement Agreement; NOW, THEREFORE,

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. That the Settlement Agreement, attached hereto and made a part hereof, as to the claims of Hardee's Food Systems, Inc. and David M. Block, Lonnie J. Shalton, Jay M. Friedman, Gregory A. Boechler, Dan Thellman, Cecil Van Tuyl and Nona Martin as general partners of V.T.B. Six for any and all damages resulting from the refusal of the City to approve the demolition of the Hardee's Restaurant located generally at 101st Street and Wornall Road and the new construction of a drive-thru facility in the case styled Hardee's Food Systems, Inc., et al. v. City of Kansas City, Missouri, Case No. CV89-20056 now pending in the Circuit Court of Jackson County, Missouri including the payment to Hardee's and V.T.B. Six the total sum of $65,000.00 as recommended by the Director of City Development, City Attorney and the City's Risk Management Committee.

Section 2. That the City Attorney is hereby authorized to pay the sum of $65,000.00 in settlement of said lawsuit from funds heretofore appropriated to the Public Official Liability Claims Fund, Account No. 701-013-1543-B-1820.

Section 3. That this ordinance, providing for the payment of a current expense of City government, is recognized as an emergency measure within the provisions of Article II, Section 15 of the Charter of the City of Kansas City, Missouri, and shall take effect immediately upon passage.

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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.

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Director of Finance

Approved as to form and legality:

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Assistant City Attorney