ROGERS -- Operators of Frisco Station Mall affirmed their objection to a proposed K1 Speed indoor, electric go-kart racing venue at an adjacent building.
6420 Bentonville Rogers LLC, the company wanting to lease the space, filed a complaint last month in Benton County Circuit Court requesting a declaratory judgment on whether the use of the property would violate previous agreements with Frisco Station LLC.
Frisco Station repeated its objection in its answer to the complaint, electronically filed April 7, stating the use "clearly violates" two reciprocal easement agreements between property owners, both dated January 1994.
6420 Bentonville Rogers "is simply seeking permission from this Court to operate in violation of the Agreements," Frisco Station states.
In the answer, Frisco Station also denied it previously attempted to lease one of its properties -- the former location of Hobby Lobby, which is vacant -- to K1 Speed.
Plans for the proposed go-kart facility involve the north side of the building at 2111 W. Walnut St. The building houses Benton County offices and Samaritan Shop. A Kmart department store was previously in the building.
6420 Bentonville Rogers bought the 5.3-acre parcel for $5.6 million in November, according to county property records. The property owner and the building's customers are allowed to use parking spaces owned by the mall, according to a parking and sign easement agreement dated 2004.
Citing the agreements, Frisco Station states in its answer the building owned by 6420 Bentonville Rogers may only be used for "such purposes as are customarily found in retail shopping centers, including financial institutions, service shops, restaurants, offices and retail stores, and for no other use or purpose."
The agreements prohibit uses of the property which involve "any noise, litter, dust, dirt, odor, or other activity which may constitute a public or private nuisance," "any unusual risk of fire, explosion, or other hazard (including explosives or fireworks)" and bowling alleys, bingo parlors and skating rinks, according to the answer by Frisco Station.
Representatives of 6420 Bentonville Rogers claim the easement agreements don't prohibit leasing the building to K1 Speed. The complaint by the company, electronically filed March 23, states a lease between K1 Speed and 6420 Bentonville Rogers would also be consistent with Frisco Station's attempt to lease its own space to K1 Speed.
Frisco Station states it "entered into informal discussions" with K1 Speed and "only merely began the negotiation process" regarding the former Hobby Lobby space but didn't "attempt" to lease the building.
If the negotiation process had been successful, Frisco Station would have sought the approval of 6420 Bentonville Rogers and "other interested parties" before entering into a lease, the answer by Frisco Station states.
Frisco Station and 6420 Bentonville Rogers have different considerations in leasing their properties, the answer states. Frisco Station owns the nearby parking lot and is responsible for its maintenance and expenses; 6420 Bentonville Rogers has no obligations regarding the parking lot maintenance and will not be responsible for parking issues created by the racing venue, the answer states.
The city approved a conditional use permit and a rezoning related to the proposed go-kart facility earlier this year. Commissioner John Schmelzle said in January the city's Planning Commission has its own criteria for land use and isn't able to get into a private dispute.
A Rogers location of K1 Speed would be the first in Arkansas, according to the company's website. The California-based company was founded in 2003 and has expanded to over 60 kart racing locations across the world, including Dallas and Arlington, Texas.
The entertainment venue aims to appeal to casual racers, enthusiasts and gatherings like birthday parties and corporate events, a previous permit application states. According to the company's website, the 20-horsepower electric karts for adults can reach 45 mph. Junior karts can reach 20 mph.