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Escrow Agreement f' /V5-2-3 /fr ESCROW AGREEMENT THIS AGREEMENT is made this 1p i day of October, 1989, by and between LEE HAWORTH CONSTRUCTION MANY, INC. referred to in this Agreement as "the Property Owner") and the City of Salina, Kansas (Referred to in the Agreement as "the Escrow Agent"). RECITALS A. Property owner is the owner of real estate legally described as: The North Seventy-eight (78) feet of Lot Fourteen (14) and the South Five (5) feet of Lot Thirteen (13) , Block Two (2) , Twin Oaks II Subdivision (referred to in this Agreement as "the Real Estate") B. Special Assessments have been levied against the Real Estate and bonds have been issued by the City of Salina, Kansas, in payment of the costs of the public improvements for which the special assessments were levied. C. Pursuant to Salina Ordinance Number 88-9252, the Property Owner wishes to deposit with the Escrow Agent funds which, when held in an interest-bearing account, will generate sufficient interest such that the share of annual payments of bond principal and interest attributable to the Real Estate can be made. D. The Escrow Agent is willing to receive such payment from the Property Owner and to hold such funds, subject to the terms and conditions of this agreement. NOW, THEREFORE, the parties agree as follows: 1 . Payment. The property Owner deposits with the Escrow Agent the sum of Five Thousand One Hundred Sixty-one and 17/100 Dollars ($5,161 .17) , the receipt of which is hereby acknowledged by the Escrow Agent. The amount deposited by the Property Owner has been determined as follows: a. All unpaid special assessment installments which have been levied against the Real Estate $ b. All unlevied principal and interest installments plus an annual administrative fee of 5$ of the annual principal and interest due, reduced to a present value based upon the discount rate of (06$) $ 5,161 .17 TOTAL $ 5,161 .17 r , • 2. Investment. The sum deposited by the Property Owner with the Escrow Agent shall be deposited by the Escrow Agent in an escrow account under the City's Special Assessment Escrow fund and invested as permitted by law. 3. Annual withdrawal. In January of each year the Escrow Agent shall transfer from the escrow account an amount necessary to pay the annual bond principal and interest payments attributable to the Real Estate and the 5% annual administration fee. The amount necessary to pay bond principal and interest will be transferred to the City's Bond and Interest Fund and the administrative fee shall be transferred to the City's General Fund. 4. Termination. This Escrow Agreement shall terminate on December 20, 1997, coinciding with payment from the escrow account of the final annual installment of bond principal and interest attributable to the Real Estate. 5. Binding effect. This Escrow Agreement shall be binding upon and inure to the benefit of the heirs, executors, administrators, devisees, legatees, successors and assigns of the parties. EXECUTED this yi day of October, x:9. Lee U)0 7���'v{ S 4 K r // Property e er r ' CITY OF SALINA, KANSAS B y J 1 ,i.+. .%\,...;u,CI.-"Escrow gent" STATE OF KANSAS, SALINE COUNTY, ss: The above and foregoing instrument acknowledged before me this 11 day of October, 1989, by Lee Haworth, the property owner. M. A. ABBOTT NOTARY PUBLIC 7,/ STATE OF KANSAS Notary Public MY APPT. EXPIRES APRIL 2, 1992 STATE OF KANSAS, SALINE COUNTY, ss: The above and foregoin�{-I instrument acknowledged before me this ti day of October, 1989, by Jo. k�kr.« s�,,iwe...t, iw C�„G of the City of Salina, Kansas, on behalf of the Cii y of Salina, Kansas. N M. ABBOTT NOTARY PUBLIC STATE OF KANSAS �����-- Notary Public MY APPT. EXPIRES APRIL 2, 1992 1 r"-- r N 1 1- rO 01 rI 1 rle+ o o O r i 1.D r+ O .- 1 ■ < In 1 in in 1 O 1 z a w 0 u, G CL a W tt U c a r 0Z .. E—Z [O+ E U m o 0 w in 0 F, cc a w O U M lil CZ O -I C N Q _ a r- r- ¢ Cl) p w y O o TaY N V c H E a i 0 En ri en N a e W W E c W y w 0 a Q � 0 a o ,o 0 Q E O 0 r 0 a a ` o" Z M Es a- LLao _ - s°c a Ina Z o s c 2 U A S LL �' - ... W 4 U w m 0 W G W U til Cr 6( go j3° Ca 1(0 • ADDITION' Twin Oaks II Subdivision €i s l a+ 13 C. 'This' Lot 14, Block 2 r Property' is in the Benefit District for the improvement of: Drainage system and Drainage channel 82-688-690 a February 11, 1983 The amount due within 30 days from the date of is $ 1�Og1:95— " IzS. 3 � After 30 days the assessment will be certified to the county to be • collected on the real estate tax rolls over a 10 year period with interest at the rate of approximately. 9 %. First Assessment Year Last Assessment Year t ; 19 83 19 99 „ lggD n33 •35 No. 19 Pg 80 Bk 16 198q • 15 Z.SS Ip 91 ra L.G$ 199,- 11 $.'-G, G • SA 21518 -- ADDITION Twin Oaks I I ,_ So..,AL 5' Lt,-k- 13 Job 87-752 This pJl�s Lot 14, Block 2 Property is in the Benefit District for the improvement of : Storm drainage, water system, Later Sanitary ewer 6508, curbing, ° guttering, paving anu grading of Post Oak Lane and viantatlon urive The amount due within 30 days from the date of July 1, 1988 is aao__,L as,Set 'fl = 5 512,28 After 30 days the assessment will be certified 1 the county to be s- collected on the real estate tax rolls over a year period with interest at the rate of approximately 7 %. First Assessment Year Last Assessment Year c19 ae 19 97 I`iq° 8s9.o's Cbb. 19 P 130 16 1-03420-00190 No 19.2 S g Bk 7 7 E, `/7 7tSS rl 19fre7 - 9'll,oi I , 12 11 vaIi z .25 '6,.4S.)3 'e -- /q=T7 - 6,61. 22- O i o O \ O W 1/4.,.: vi R W S 01 C1 J J 1 •W CJ y' U-I 1 O -^ CO V� CO Ui —a —s N VN , -P %D U7 N W V: J kD \D N co co C\ W N N J N ^ N O O - .P — 0% 'v1 O W N W `.r1 — -- -- U1 U1 • 10 Dl W U1 - (E * + + + + + + + + * * + + + if- t .