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8.3 Agr Covenant ExtensionCITY OF SALINA REQUEST FOR COMMISSION ACTION DATE TIME 12/22/86 4:00 P.M. AGENDA SECT I ON: Admi ni strati on OR I G I NAT I NG DEPARI~ENT: APPROV ED FOR NO. 8 AGENDA: City Attorney ~_ ITEM NO. 3 BY: BY: RE: Urban Renewal As you authorized in September, this department and the legal department contacted the property owners of those parcels in the Northeast Industrial Park for which certificates of completion have not been issued to date. We were able to successfully issue a certificate of completion to one property owner: Premier Pneumatics (Butler Mfg.) The remaining three property owners (Long McArthur, Inc., Wilson-Wilfam, Inc. and Famdoc, Inc.) have agreed to the proposed extension of the covenants. Attached are signed copies of these agreements. It is imperative that the city agree to .these extensions as our only alternative at this time is to pursue protracted legal action in reclaiming and reselling the affected property. Therefore, you are requested today to adopt the attached resolution, authorizing the Mayor to sign the three agreements. Attachments: Resolution #86-3877 3 Covenant extensions as indicated cc: Larry Muff Greg Wilson Rex McArthur COMMISSION ACTION MOTION BY SECOND BY TO: RESOLUTION NUMBER 86-3877 A RESOLUTION AUTHORIZIHG THE MAYOR OF THE CITY OF SALINA TO EXECUTE AN EXTENSION CF COVENAHTS AGREEMENT PERTAINING TO CERTAIN PROPERTIES INCLUDED WITHIN THE NORTHEAST INDUSTRIAL PARK URBAN RENEWAL PROJECT. ¥/HEREAS, IN CONJUNCTION WITH THE Northeast Industrial Park Urban Renewal Project either the Salina Urban Renewal Agency or its successor, the City of Salina, sold certain properties on a bid basis to private individuals or entities for redevelopment; and WHEREAS, the deeds conveying the respective properties to those purchasers all contained certain covenants running with the land, including the requirements that the property be devoted only to the uses specified in the Urban Renewal Plan, as amended, and that construction be commenced and completed within a certain period of time, subject to reversion and title to the City of Salina in the event of noncompliance; and WHEREAS, there are certain properties for which the time limit for development in accordance with the construction plans approved by the City has expired and a certificate of completion evidencing compliance has not been issued; and WHEREAS, the covenant requ ring that the property be devoted to uses specified in the Urban Renewal Plan expires in all cases on January 1, 1987; and WHEREAS, it is the desire of the City of Salina, to assure that all properties within the project are developed in accordance with the Urban Renewal Plan, as amended, and to cooperate with the present owners of the property toward its development in accordance with their respective construction plans; SO NOW, THEREFORE BE IT RESOLVED by the Governing Body of the City of Salina, Kansas: Section 1. That the Mayor of the City of Salina is hereby authorized to execute an "Extensio~ of Covenants" agreement with the owners of the )roperties outlined below which shall: A. Extend application of the i'~ortheast ~r. dustrial Park Urban Renewal Plan until January 1, 2002, an additional !5 years; and B. Extend the permitted period for completion of construction in accordance with the construction plans approved by the City until January 1, 1997, an additional 10 years. Section 2, That the extension of covenants agreement referred to above shall be entered into with the following owners of the following described real estate: A. Bo Wilfam, Inc., a Kansas Corporation. Lot Four (4) and Lot Five (5), Block Thirteen (13), and Lots Two (2), Three (3) and Four (4), Block Fourteen (14), Northeast industrial Park (Blocks Thirteen - Fourteen), Salina, Saline County, Kansas. Famdoc, Inc., a Kansas Corporation. Lot Two (2), less the West One Hundred Twenty Feet (W 120') thereof, a~,d Lot Six (6), all in Block Five (5), Northeast industrial Park in tl~e City of Salina, Saline County, Kansas. C. Long-McArthur, Inc., a Kansas Corporation. All of Lot Seven L;'), Block Five (5) of the Northeast Industrial Park (Blocks Four - Six) of the City of Salina, Kansas, except the following described parcel of land: Beginning at the northeast corner of said Lot Sever: (7); thence southerly along the east line of said Lot Seven (7), a distance of One Hundred Eighty-five feet (185.00') to the southeast corner of said Lot Seven (7); thence southwesterly along the south line of said Lot Seven (7), a distance of Two and Sixteen Hundredths feet (2.16'); thence northerly along a line parallel with the east line of said Lot Seven (7) a distance of One Hundred Eighty-five and Eighty-two Hundredths feet (185.82') to the north line of said Lot Seven (7); thence easterly along the north line of said Lot Seven (7) a distance of Two feet (2.00') to the point of beginning. Adopted by the Board of Commissioner's and signed by the Mayor this 22nd day of December, 1986. [SEAL] ATTEST: Joseph M. Ritter, Mayor D. L. Harrison, City Clerk