Buca di Beppo on the Country Club Plaza has filed suit against its landlord, Highwoods Realty Limited Partnership, and Hillstone Restaurant Group Inc., owners and operators of Houston’s restaurant at 4640 Wornall Road.
It said Highwoods was “aware of, and disclosed” a water leak from from the tenant above — Houston’s. According to the lawsuit, Highwoods was obligated to make Houston’s install a new waterproofing membrane and tile in its kitchen area and make other repairs to drain lines.
But Buca said it has had water leaks from Houston’s since 2002, and during a mid-2013 test and inspection it found “significant mold caused by the water leaks” throughout its ceiling, flooring and drywall, requiring extensive repair work and loss of business during the repairs.
Buca said it sent notice of repair costs and expenses to Highwoods and Hillstone and has yet to receive payment and leaks continue to occur. It is suing Highwoods for breach of contract and Hillstone for negligence and said damages are in excess of $100,000.
Officials with Hillstone declined to comment. Highwoods officials said in a statement: “It is our policy not to discuss pending legal matters.”
Buca said it signed a 15-year lease agreement in mid-2000 for a below-street-level space at 310 W. 47th St. and it is now paying rent of $24,295 a month.
In other Plaza news, American Eagle Outfitters has closed after 15 years in an 8,309-square-foot space at 306 W. 47th St. Company officials declined to comment on the Plaza closing but a year ago it announced plans to close 150 stores over three years.
▪ Andy’s Frozen Custard is scheduled to open in a freestanding building with drive-thru at 1000 N.W. Missouri 7 in Blue Springs in April.
It had some contingencies to work through at another location at 10641 State Line Road in south Kansas City but the company hopes to close on the land in April, start construction immediately after and open an Andy’s there by late summer.
▪ Krispy Kreme has closed its location at 4242 S. Noland Road in Independence.
In a statement, company officials said: “After careful consideration, Krispy Kreme Doughnut Corporation made the difficult decision to close its shop in Independence, Mo., on February 1. We don’t take a decision like this lightly and understand the impact it has on the community and our team members.”
Krispy Kreme opened in the location in mid-1996 and remodeled in 2009.
▪ Ryan’s has closed at 1918 W. Foxwood in Raymore. Its parent company, Ovation Brands, was acquired by Food Management Partners in mid-2015. Since then the company said it has continued to execute the former management’s operating plan to stabilize and enhance the company’s performance. However, this month they announced they would close 74 under-performing Ryan’s, Country Buffet, Old Country Buffet, Hometown Buffet, and Fire Mountain locations.
In a statement, Peter Donbavand, vice president of business development, said: “While we cannot predict future market conditions, the plan is to continue operating the remaining Ovation Brands’ restaurants as they are financially viable.”
▪ The former Patrikio’s Mexican Restaurant building at 9849 Holmes Road has been demolished.
“We took the building down. I guess a guy could have gone in and spent a gillion dollars fixing it up. But it’s great location and the area deserves a new building,” said Victor Cascio of Newmark Grubb Zimmer, which has the land listed for $375,000.