ORDINANCE NO. 961169, AS AMENDED

Approving the assignment of the obligations of WPC, Inc., under a deferral agreement, as amended, with the City of Kansas City, Missouri, for the construction of Boardwalk Avenue to Platte County Ford, L.L.C., and releasing Fleming Companies, Inc., as successor in interest to WPC, Inc., through merger, from its obligations under such agreement.

WHEREAS, Boardwalk Square Limited Partnership and the City entered into a certain agreement dated June 16, 1989, for the purpose of providing for the deferral of construction of Boardwalk Avenue between certain points within the plat of Boardwalk Square; and

WHEREAS, pursuant to the terms of the agreement, Boardwalk Square Limited Partnership shall not be deemed to have been released from its obligations under the contract until such time as the release is accepted and approved by the City; and

WHEREAS, on November 21, 1989, the City approved an Amendment to the Agreement for Deferral of Construction for Boardwalk Avenue to release therefrom the owners of Lots 1 through 6, inclusive of Boardwalk Square, and to hold Boardwalk Square Limited Partnership as responsible for such construction; and

WHEREAS, on August 13, 1992, the City approved an assignment of the obligations under the agreement from Boardwalk Square Limited Partnership to WPC, Inc.; and

WHEREAS, on April 25, 1994, the City approved a second amendment to the Agreement for Deferral of Construction for Boardwalk Avenue to release therefrom the owner of Lot 8 of Boardwalk Square, and to hold WPC, Inc., as responsible for such construction; and

WHEREAS, Fleming Companies, Inc., as successor in interest to WPC, Inc., through merger, has recently assigned the responsibility for the future improvement of Boardwalk Avenue to Platte County Ford, L.L.C.; and

WHEREAS, Fleming Companies Inc., has requested that it be released from the terms of the agreement; and

WHEREAS, Platte County Ford, L.L.C., has assumed the responsibilities under the terms of the agreement; and

WHEREAS, the City is agreeable to approve the assignment from Fleming Companies, Inc., to Platte County Ford, L.L.C., and to release Fleming Companies, Inc., from its liabilities under the terms of the agreement; NOW, THEREFORE,

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. That the City hereby approves the assignment of the obligations under a certain deferral agreement between the City and WPC, Inc., an Oklahoma to Platte County Ford, L.L.C.

Section 2. That Fleming Companies, Inc., as successor in interest to WPC, Inc., an Oklahoma corporation, is hereby released of its obligations under said deferral agreement, as amended.

Section 3. That the Director of Public Works is hereby authorized to take appropriate action to effect such approval of assignment and release of Fleming Companies, Inc.

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Approved as to form and legality:

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Assistant City Attorney