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harris/albers landfill agreementADDENDUM TO LEASE AGREEMENT THIS ADDENDUM, made and entered into this 22nd day of Feb- ruary, 1974, by and between MINOR HARRIS and BOB ALBERS, d/b/a Lady Bird Landfill of Salina, Saline County, Kansas, hereinafter referred to as the "Lessors" and the CITY OF SALINA, KANSAS, a municipal corporation, hereinafter referred to as the "Lessee", WITNESSETH: WHEREAS, on the 15th day of January, 1974, the Lessors and the Lessee entered into a Lease Agreement covering the following described real estate, to wit: Lots Six (6), Eight (8), Ten (10), Twelve (12), Fourteen (14), Sixteen,(16), and Eighteen (18) on Third Street in the Original Town of Salina, Saline County, Kansas; and WHEREAS, the parties hereto desire to amend said lease in- sofar as the same applies to the term and repairs to the improve- ments located thereon. NOW, THEREFORE, in consideration of the mutual covenants herein contained the parties hereto mutually agree that the Lease Agreement between the parties dated the 15th day of January, 1974, is hereby amended to read as follows: (1). That Paragraph (1), Term of Lease, is hereby amended to read as follows: (1). Term of Lease: This lease shall be for a term of seven (7) years commencing on the 15th day of January, 1974, and terminating on the 14th day of January, 1981; subject however, to the right of termination previously provided. (2). That Paragraph (3), Repairs to Improvements on Premises, is hereby amended to read as follows: (3). Repairs to Improvements on Premises: (a). Roof: Lessee covenants that during the term of this lease it will at its own expense properly care for the demised premises and the appurtenances and suffer no waste, make all repairs, structural and otherwise, necessary to preserve the same in good order and condition, which re- pairs shall be in a quality and class equal to the original work. In addition to the normal repairs, Lessee agrees that it will at the commencement of this lease make all necessary repairs to the west section of the top main deck, the lower northwest corner deck and lower southwest deck of the roof which are presently needed; provided however, that the Lessors will furnish all the 3/4 inch plywood necessary to make such repairs. (b). Floor Repairs: Lessee will provide all the necessary materials, including concrete, re -enforcing materials, fill sand and expansion joints material, and the Lessors will provide all equipment, tools and labor necessary for the proper installation of a six inch (6") concrete floor in the west main section of the building. (3). That all of the other terms, conditions and covenants contained in the above mentioned original Lease Agreement are hereby ratified and affirmed and made a part of this Addendum by reference. IN WITNESS WHEREOF, the respective parties have hereunto caused this instrument to be executed all on the day and year first above written. ATTEST: City Clerk LADY BIRD LANDFILL CITY OF SALINA By City Manager r. LEASE AGREEMENT THIS LEASE AGREEMENT, made and entered into this 14th day of January, 1974, by and between MINOR HARRIS and BOB ALBERS, d/b/a LADY BIRD LANDFILL of Salina, Saline County, Kansas, herein- after referred to as the "Lessors", and THE CITY OF SALINA, KANSAS, a municipal corporation, hereinafter referred to as the "Lessee", WITNESSETH: That the Lessors in consideration of the rents, covenants, agreements and conditions hereinafter stipulated to be paid and performed by said Lessee do hereby let and lease unto said Lessee the following described real estate, to wit: Lots Six (6), Eight (8), Ten (10), Twelve (12), Fourteen (14),.Sixteen (16) and Eighteen (18) on Third Street in the Original Town of Salina, Saline County, Kansas (commonly known as 401 North Third), together with the appurtenances thereunto belonging, hereinafter referred to as the "Premises". (1). Term of Lease: The lease shall be for a term of five (5) years commencing on the 15th day of January, 1974, subject however, to the right of termination hereinafter provided. (2). Rental: Lessee agrees to pay the Lessors a basic rental for the leasing of the aforesaid premises a monthly sum which shall be equal to one twelfth (1/12) of the taxes levied against the prop- erty for the year in which the premises are used, which said rental shall be due and payable annually on or before the 1st day of Dec- ember of each lease year. (3). Repairs to Improvements on Premises: Lessee covenants that during the term of this lease it will at its own expense properly care for the demised premises and appurtenances and suffer no waste, make all repairs, structural and otherwise, necessary to preserve the same in good order and condition, which repairs shall be in quality and class equal to the original work. In addition to normal repairs Lessee agrees that it will at the commencement of this lease make all necessary repairs to the roof which are presently needed; provided however, that the Lessors will furnish all the 3/4 inch plywood necessary to make such repairs. (4). Improvements of Leased Premises: Lessee may make all necessary modifications or remodel the premises in such a manner as may be necessary to make the building suitable for the pur- poses for which it will be used. All repairs and improvements shall conform to existing building codes of the City of Salina, Kansas. (5). Ownership of Fixtures: It is understood and agreed by and between the parties hereto that any improvements, fixtures or equipment attached to the building or placed or installed on or about the premises by the Lessee shall be considered as per- sonal property and shall remain the property of the Lessee who shall have the right to remove the same from the premises upon the expiration of this lease so long as the removal does not impair the structural feature of the improvements presently on the leased premises and the Lessee returns the premises to sub- stantially the same condition as the premises were in at the commencement of this lease. (6). Removal of Fixtures: That on or before the date of expiration of this lease or any extension thereof, the Lessee shall vacate the demised premises and remove its property there- from and restore the premises to as good order and condition as that existing upon the commencement of the term of this lease, damage beyond the control of the Lessee and due to the fair wear and tear excepted. (7). Liability: Lessee agrees to secure and maintain public liability insurance on the premises which will insure against any liability which may arise as the result of injury or accident on or about the premises. Lessee agrees to save and hold the Lessors harmless from any claim for damages for accidents or injuries on the premises which may be made by any person or persons while said premises are occupied by the Lessee. (8). Excavations: Lessors agree that they will fill, compact, and level the excavations existing on the south side _ of the property and will remove all materials and equipment presently stored on said site. (9). Termination of Lease: The City shall have the option to terminate this lease at any time by giving Lessor sixty (60) days written notice of such termination. (10). Insurance: Each of the parties hereto shall at their own expense maintain such fire and extended coverage insurance as they feel necessary to protect their own property or equip- ment located on the said premises. (11). Utilities: Lessee shall at its own expense obtain and pay for all electricity, water, gas, sewer use fees or other utilities used by it during the term of this lease or any extensions thereof, including the cost of maintenance and operation of said utility systems. (12). Notices: All notices to be given pursuant to this lease shall be addressed to the Lessors at 1200 East Cloud, Salina, Kansas and to the Lessee at 300 West Ash, Sa ina, Kansas, or as may rom time to time be directed by the parties. Notice shall be deemed to have been duly given if and when enclosed in a properly sealed envelope or wrapper addressed as aforesaid and mailed by registered or certified mail with postage prepaid. This agreement shall be binding upon the successors, heirs, executors and assigns of the respective parties to this agreement. IN WITNESS WHEREOF, the parties have hereunto caused this instrument to be executed all on the day and year first above written. ATTEST: GfiyLfiyro^-� City Clerk M CITY OF SALINA,/KANSAS 0