ORDINANCE NO. 940094

Approving and authorizing the mutual termination of a concession agreement between Kansas City, Missouri and Service America Corporation and payment and settlement of claims by Service America Corporation against Kansas City, Missouri for damages arising out of the performance of the concession agreement.

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. That termination of the ten year term concession agreement entered into between Kansas City, Missouri and Service America Corporation on August 13, 1986, is recommended by the Director of Convention and Entertainment Centers and is hereby approved.

Section 2. That payment and settlement of all claims of Service America Corporation against Kansas City, Missouri for damages allegedly arising out of the performance of the concession agreement entered into between Kansas City, Missouri and Service America Corporation on August 13, 1986 by payment to Service America Corporation the sum of $307,290.67, is recommended by the Director of Convention and Entertainment Centers and is hereby approved.

Section 3. That the Director of Convention and Entertainment Centers is hereby authorized to execute the termination of the concession agreement and the mutual release of all claims of Kansas City, Missouri and Service America Corporation, in substantial conformance with Exhibit "A", attached hereto and incorporated herein, and is hereby authorized to pay the sum of $307,290.67 to Service America Corporation in settlement of said claims, from funds heretofore appropriated in the Convention and Entertainment Centers Fund, Account No. 236-063-2000B.

__________________________________________

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.

________________________________

Director of Finance

Approved as to form and legality:

__________________________________

Assistant City Attorney