COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 080802

Authorizing the Director of Finance to execute agreements and releases in connection with the D.A. Holmes Project.

WHEREAS, D.A. Holmes Redevelopment Corporation and D.A. Holmes Development, L.P. undertook a redevelopment project known as the D.A. Holmes Project located at the southwest corner of 30th Street and Benton Boulevard in Kansas City, Missouri, and entered into a 353 Development Contract, dated May 2, 2003, and recorded as Document No. 2003K0034650 with the Jackson County Recorders Office on May 7, 2003 (353 Contract), with the City for the completion of the Project; and  

WHEREAS, Section 8 of the 353 Contract required the payment of prevailing wages; and 

WHEREAS, two workers filed a complaint with the City claiming that they had not been paid prevailing wages by alleging that they had worked in a different employment classification for which they had not been paid; and 

WHEREAS, the City investigated these charges and determined that Tri-Star and Fairway collectively owed additional wages to the workers, Daniel Wake and Shane Dye; and 

WHEREAS, the developers and the contractors deny these allegations; and 

WHEREAS, all parties wish to resolve their disputes without further expenditure of time or money; NOW, THEREFORE, 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY: 

Section 1. That the Director of Finance is authorized to execute an agreement and release with D.A. Holmes Redevelopment Corporation, D.A. Holmes Development, L.P., Fairway Construction, Inc. and Tri-Star Construction Corporation with each of Shane Dye and Daniel Wake, in substantial form as the agreements and releases on file in the office of the Director of Finance.  

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Approved as to form and legality:

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Heather A. Brown

Assistant City Attorney