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Commissioners approve lease amendment and subordination for Big Twin Inc. property at 2047 SW Topeka Blvd.

2302030 · January 9, 2025
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Summary

The board approved an amendment to contract C186-2024 and a subordination of landlord lien agreement for Big Twin Inc., related to a change in business ownership; counsel said the subordination is a bank-driven standard protecting inventory financing.

The Board of County Commissioners approved an amendment to contract C186-2024 and a subordination of a landlord lien agreement for the property at 2047 Southwest Topeka Boulevard, occupied by Big Twin Inc., during the Jan. 9 meeting.

County Counselor (spelled in paperwork as Mr. Checher) explained the late-added item stemmed from an anticipated transfer of business ownership of the Harley-Davidson franchise at the site's location. The amendment extends the lease term (the paperwork lists an extended date field) and adds a CPI-based rent escalator tied to the urban index. "What a subordination agreement does is it acknowledges the fact that this business has inventory... and the bank makes us sign," the counselor said, describing the subordination as a standard protection for lenders so the inventory used as collateral is not seized by the landlord while the business borrows against that inventory.

The board voted 3-0 to approve both the contract amendment (C186-2024) and the subordination agreement. Commissioner Kevin Cook made the motion; Commissioner Bill Rippon seconded.

Counsel noted the paperwork included a transfer-of-ownership acknowledgement and said the extended lease term in the draft was chosen "out of an abundance of caution" and that the tenant expects to move to a new building in time. The subordination agreement, counsel said, requires only the county's signature and is typically required by a lender when a tenant borrows against inventory.

The board recorded no additional conditions or amendments and approved both documents.