h sinsabaugh lease 022492V
LEASE AGREEMENT
This Lease Agreement, made and entered into this 2 day of
1992, by and between THE CITY OF SALINA, KANSAS, a municipal corporation (the
"City"), and Harry Sinsabaugh and Mildred Sinsabaugh of 204 South Eighth,
Salina, Saline Co. Kansas (the "Lessee"), WITNESSETH:
That the City, in consideration of the rents, covenants, agreements and
conditions hereinafter stipulated to be paid and performed by the Lessee, does
hereby let and lease unto Lessee the following described premises, to wit:
A tract of land situated in the Southeast Quarter of the Northwest Quarter
(SE 1/4 NW 1/4) of Section Nineteen (19), Township Fourteen (14) South,
Range Two (2) West of the 6th Principal Meridian, in Saline County, Kansas,
which is more particularly described as follows:
Beginning at the southwest corner of the Southeast Quarter of the Northwest
Quarter (SE 1/4 NW 1/4) of said Section Nineteen (19), said point being the
southeast corner of Meyer Addition; thence North along the West line of
said Southeast Quarter of the Northwest Quarter (SE 1/4 NW 1/4), and the
East line of Meyer Addition on an assumed bearing of N00° 00' 00"E a
distance of Seven Hundred Seventy-four and Fifth -nine Hundredths (774.59)
feet to the North line of Martin Avenue; thence N 88° 51' 00"E a distance
of Three Hundred and Two -hundredths (300.02) feet; thence S 00° 00" a
distance of Seven Hundred Seventy-five and Eighty -hundredths (775.80) feet
to a point on the South line of the said Southeast .,Quarter of the Northwest
Quarter (SE 1/4 NW 1/4); thence S 89° 04' 51"W along the South line of the
said Southeast Quarter of the Northwest Quarter (SE 1/4 NW 1/4) a distance
of Three Hundred (300) feet back to thepoint of beginning. (the
"Premises")
(1). Term of Lease: This lease shall be for a term of five (5) years
commencing and terminating at the times specified in paragraph (4) effective
January 1, 1992.
(2). Rentals: Lessee agrees to pay the City as rent for the Premises the
sum of One Hundred Dollars ($100) per year (or partial year) payable on or
before December 30th of each lease year.
(3). Government Agricultural Programs; City agrees that it will cooperate
with the Lessee in abiding by all terms and conditions of any governmental
agricultural programs which are now in effect or may be applicable during the
terms of this lease.
(4). Termination: Parties agree at the expiration of this lease in the
year 1997 that Lessee will surrender possession of said Premises to the City at
the following times:
(a). All land planted to wheat as soon as 1997 crop has been harvested.
(b). Pasture land on or before January 1997.
(c). All cultivated land upon which no crops are growing on or before
August 1, 1997.
(d). All land planted to other crops as soon as crop has been harvested
(excludes harvesting by grazing) but in no event later than August 1, 1997.
City of Salina
P.O. Box 736
Salina, Kansas 67402-0736
311020
RECEIPT NO.
DESCRIPTION `" ` i AMOUNT
-12/06/93 414193
MISCELLANEOUS -•GENERAL
100 000 619 000
CHECK NUMBER 0000347
LEASE 5.6 ACRES 1/1-12/31/94
)N eyrr Holo,
TOTAL
CHECK TENDERED
CHANGE
RECEIVED FROM: // /I
RECEIVED BY:
` r
TRIPLICATE RECEIPT
I
City of Salina
P.O. Box 736
Salina, Kansas 67402-0736
41tof 1
109271
RECEIPT NO. t t
DESCRIPTION AMOUNT
J., Jr. ;.L-..-.1 I F. Y: a2 , J'L1"i T.�iI
RECEIVED FROM: ?i�.l it - ii4,PL1`.�J:•:H
RECEIVED BY:
TRIPLICATE RECEIPT
'C r.
AIDOl:U. CERTIFICATE OF INSURANCE
' MMM SSUE DATE (MM/DD/YY)
aMENnan aMSNn>�n-
i,
PRODUCER
ONLY AND
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMA AWN
RGB/Schmidt Ins., Inc.
CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE
DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
BOX 2747
POLICIES BELOW.
Salina, KS 67402
j
COMPANIES AFFORDING COVERAGE
'ANY
LETTER A United Fire
_
I COMPANY B
INSURED
LETTER
C
Sinsabaugh, Harry S Mildred
204 S Sth
LITER"'
—
Salina, KS 67401
COMPANY
p
LETTER
COMPANY.E
LETTER
COVERAGES
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN; THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
T ._.
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POLICY EFFECTIVE POLICY EXPIRATION
COI TYPE OF INSURANCE POLICY NUMBER
LTR
iI DATE (MM/DD/YY) 1 DATE (MM/DD/VV) i _J PM TS
GENERAL LIABILITY
I
GENERAL AGGREGATE
i COMMERCIAL GENERAL LIABILITY
PRODUCTS6 P/OP A00'
lCLAIMS MADE OCCUR.
PERSONAL A ADV. INJU I--
i OWNER'S A CONTRACTOR'S PROt
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EACH OCCURRENCEr-
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FIRE DAMAGE (Any one f- S
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MED. EXPENSE (Any one pe/5oN SS
AUTOMOBILE LIABILITYi
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COMBINED SINGLE Ln
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ANY AUTO
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LIMIT (:
BODILY INJURY
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ALL OWNED AUTOS
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SCHEDULED AUTOS
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HIRED AUTOS
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i GARAGE LIABILITY
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EXCESS LIABILITY {
' EACH OCCURRENCE S
`UMBRELLA FORM
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DISEASE—POLICY LIMIT E
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DISEASE—EACH EMPLOYEE j $
j OTHER
A illersonal Liability
}-60-205-575
11/24/91
11/24/921 $5000000.
DESCRIPTION OF OPERATIONS/LOCATIONSIVEHICLES/SPECIAL ITEMS
5 3/4 acres located NWk 19-14-2, Saline
Co., KS
Leased to insured by the City of Salina,
KS
CERTIFICATE HOLDER
:'CANCELLATION
-' SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
City Clerk Office
'.
EXPIR T1ON DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
300 W Ash
317
MAIL DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
Salina, KS 67401
LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR
' LIABILITY OFA Y KIND UPON THE OMPANY, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRE T TIVE
ACORD 25-S�(7/90),
®ACORD-CORPORATION 1990-
(5). Anticipated Use: Lessee is aware that the leased Premises were
acquired by City for use as a Park.
(6). Easement: City retains the right to enter upon said Premises without
expense for any crop loss, for the following purposes:
(a). To perform any and all necessary maintenance in connection with its
utility lines (water, sewerage, gas) located thereon; or to install any new
lines which may be necessary.
(b). To remove, replace, salvage or modify such existing utility lines and
appurtenances.
(7). Termination of Lease: The City reserves the right to terminate this
as to all or any portion of the Premises in the event the Premises or any
portion thereof are needed by City for a Park area, industrial, other municipal
purposes or for the use of any other political subdivision. In the event the
City desires to terminate this lease as to all or any portion of the Premises,
then the City shall give the Lessee sixty days written notice of its intention
to do so and shall describe the portion of the Premises affected thereby. In
the event the lease is cancelled as to a portion of the Premises, then the City
agrees to reimburse Lessee for any growing crops on Premises for which the lease
is cancelled.
The leasee reserves the right to terminate the lease. In the event
the leasee desires to terminate this lease, then the leasee shall give sixty
days written notice of the intention to terminate. In the event the lease is
terminated then leasee agrees to pay a proportional amount of the years rent
depending on the month of termination.
(8). Taxes: City agrees to pay any real estate taxes which may be levied
against said premises during the term of this lease.
(9). Indemnification and Liability Insurance: Lessee agrees to indemnify
and hold the City harmless (including costs of defense) from any claims arising
from use of the Premises by Lessee and its subleases, agents or employees.
Lessee agrees to secure and maintain, at Lessee's expense, in full force and
effect until the completion of this lease, such liability insurance for the
operations of Lessee and its Sublessees, agents, or employees which may arise
from conditions of this lease. Such insurance shall be written by a reliable
insurance company authorized to do business within the State of Kansas.
(10). Ownership of Fixtures: It is understood and agreed by and between
the parties hereto that any additions, improvements or fixtures attached to the
Premises or placed on or about said Premises by Lessee shall be considered as
personal property and shall remain the property of Lessee, who shall have the
right to remove the same from the Premises upon the expiration of this lease.
Provided, however, in the event of termination of this lease due to a breach of
covenant by the Lessee, then all fixtures and improvements shall become the
property of the City and may not be removed from the Premises.
(11). Waiver: Waiver by the City of any breach of this Lease shall not be
construed as a continuing waiver of a subsequent breach nor imply further
indulgence.
(12). Breach of Lease: In the event said Lessee shall fail to comply with
any substantial term, condition or or covenant of this lease within ten days
event said Lessee is adjudged bankrupt or insolvent or makes an assignment for
the benefit of creditors or commits any act of bankruptcy, any of such event
shall be deemed an immediate breach and forfeiture of this lease and all unpaid
installments of rent and other expenses herein provided for shall immediately
become due and payable.
(13). Liens: Lessee shall pay, satisfy and discharge all liens and
obligations of any nature and kind whatsoever created by or the obligations of
the Lessee which shall attach to or be imposed upon said Premises and shall
indemnify, save and hold harmless said City from such payment and from all
damages and expenses attendant thereto.
(14). Inspection of Premises: Lessee agrees that the City, or its agents,
may at all reasonable times have free access to the Premises and buildings
thereon for the purpose of examining or inspecting the condition of the same or
exercising any right or power reserved to the City under the terms and
provisions of this agreement.
(15). General Clauses:
(a). Lessee shall comply with all applicable laws, ordinances and
regulations of the state, county and municipality wherein the same demised
Premises are located with regards to construction, sanitation, licenses, or
permits to do business and all other matters.
(b). Lessee will not permit any person to hunt upon said Premises.
(c). That any property of the City damaged or destroyed by the Lessee,
incident to the Lessee's use and occupation of the Premises, shall be promptly
repaired or replaced by the Lessee to the satisfaction of said City or in lieu
of such repair or replacement, the Lessee shall, if so required by said City pay
to the City money in an amount sufficient to compensate for the loss sustained
by the City by reason of damage or destruction of said property.
(d). In the event the Lessee fails or neglects to procure the insurance
required by this lease or to pay the premiums thereon or to properly maintain
and keep in force said insurance, the City shall have the right and privilege to
procure such insurance and to pay the premiums thereon and any premiums paid
shall be deemed as additional rental and shall be due and payable with the next
installment of rent due hereunder.
(e). Lessee acknowledges that it has inspected and knows the condition of
the Premises and it is understood that the same is hereby leased without any
representation or warranty by the City whatsoever and without obligation on the
part of the City to make any alterations, repairs or additions thereto.
M. Lessee shall neither use nor permit to be used any portion of the
property under its control for signs, billboards or displays, other than those
connected with its own operations thereon.
(g). Lessee shall not be the agent of the City in making repairs or other
improvements to the above Premises and no mechanics liens or claims thereunder
shall be valid against the City or against the interest of the City in said
property.
(h). The Lessee must at all times keep the Premises and buildings, if any,
in a safe, clean, wholesome condition, and comply in all respects to all
government, health and police requirements and the Lessee will remove at its own
expense any rubbish which may accumulate on said property.
This agreement shall be binding upon the heirs, executors, administrators,
successors and assigns of the respective parties to this agreement.
IN WITNESS WHEREOF, the respective parties have hereunto caused this
instrument to be executed on its behalf by its duly authorized officers all on
the date and year first above mentioned.
CSEAk�;
;Attes
Jacquelin Shiever, City Clerk
CITY OF SALINA, KANSAS
BY
AL
Stephen C. Ryan, ayor