ORDINANCE
NO. 200447
Authorizing and directing the City Manager to execute an
amendment to an existing lease agreement between the City of Kansas City,
Missouri and BlueScope Buildings North America, Inc. and/or their affiliate for
parking in what is commonly known as the West Bottoms Garage or the Kemper
Parking Facility.
WHEREAS, the Planned Industrial Expansion
Authority of Kansas City, Missouri (“PIEA”) and Butler Manufacturing Company
(“Butler”) entered into that certain Lease Agreement dated March 28, 2001 (the
“Lease”), for the lease of 400 or more parking spaces in the parking facility
commonly known as the West Bottoms Garage or the Kemper Parking Facility (the
“Garage”); and
WHEREAS, the Lease was assigned by Butler to
BlueScope Buildings North America, Inc. and/or their affiliate (collectively,
“BlueScope”); and
WHEREAS, the Lease was assigned
by the PIEA to the City of Kansas City, Missouri (“City”); and
WHEREAS, the City and BlueScope desire to
amend the Lease to retain BlueScope in its current headquarters facility at
1540 Genessee Street (the “Headquarters Facility”); NOW, THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:
Section 1. That the City Manager is hereby
authorized and directed to execute an amendment, or an amendment and a
restatement, to the Lease to provide for the following substantive terms: the
lease of at least 400 reserved, covered parking spaces in the Garage at no
charge to BlueScope for a 10 year period so long as BlueScope is occupying and
operating at the Headquarters Facility, provided, however, if the Kansas City,
Missouri Earnings Tax generated from BlueScope’s corporate earnings and payroll
falls below the applicable minimum amount set forth on Exhibit A
attached hereto (the “Schedule”), then BlueScope will remit to the City the
corresponding amount set forth on the Schedule as additional rent under the
Lease (the “Amendment”).
Section 2. That the City Manager is hereby
authorized and directed to take
other actions the City Manager deems necessary to implement the objectives of
this ordinance, and is hereby authorized and directed to execute and deliver
such other documents, certificates and instruments as may be necessary or
desirable to carry out and comply with the intent of this ordinance without
further City Council approval.
_____________________________________________
Approved as to form and
legality:
________________________________
Katherine Chandler
Assistant City Attorney
Exhibit
A
SCHEDULE
