A foreclosure action has been filed against a shopping center near 47th South and I-135.
Bank of America has filed against owners of the South City Center, 4830 to 4858 S. Broadway, according to a petition filed in Sedgwick County District Court.
The bank also seeks the appointment of a receiver for the project.
The petition alleges that South City Wichita Partners LLC, and its principals, Michael J. Kamen and Gerson I. Fox, failed in June 2009 to make payments on a $5.44 million 2007 note to purchase the center with Lehman Brothers Bank.
Although certain payments were later made under the loan, the petition alleges the group failed to assign all collected rent from the center to a lock-box account to help retire the debt.
The petition indicates that the shopping center generates $488,000 in annual income but is worth no more than $4.75 million. It seeks almost $7 million in principal, accrued and default interest and late charges.
Kamen, a Los Angeles-based commercial Realtor, did not return calls for comment.
Neither did Brian Fenimore of Lathrop & Gage, the attorney for Bank of America.
South City Center has housed a Carlos O'Kelly's restaurant since 2001.
Jon Rolph, executive vice president of Sasnak Management, operators of the Mexican food chain, said his company is aware of the foreclosure.
"It doesn't affect our business one bit," Rolph said. "It just affects where we send our rent check."
Rolph said the owners have been good landlords, "putting a lot of money into fixing it up.
"It's a lot better than when we first got there."
Kamen and Fox's local corporation is listed with the Kansas Secretary of State with headquarters at 837 Traction Ave., Suite 400, in Los Angeles.
The company's Kansas incorporation has been forfeited for failure to file an annual report, according to the state's Web site.
In addition, the site indicates that the corporation's resident agent, unidentified, has resigned.
Kamen and Fox are listed on the Internet at www.mikarealty.com as founders of Mika Realty.
Mika, listed as an "adaptive reuse developer," has projects across the country, including in Los Angeles, Chicago, Detroit and Nashville.
The site identifies the company's presence in Wichita, including nine photographs of the renovation.
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