1992 Agreement LEASE AGREEMENT •
This Lease Agreement, made and entered into this 24 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.,Quafter 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 the point 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.
(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 sublesses, 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.
(f) . 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.
CITY OF SALINA, KANSAS
BY
Stephen C. Ryan, ayor
CSEA��,
;Attesfq` - :
Nair,�u i
Jacqueline Shiever, City Clerk
LESSEE
Harry--Sinsabaugh
Mruti d ����� � C/
Mildred Sinsabaugh
City of Salina 311020
P.O. Box 736
Salina, Kansas 67402-0736 (RECEIPT NO.
sauuna
DESCRIPTION / AMOUNT
12/06/93 414193
MISCELLANEOUS—GENERAL 100. 00
100 000 619 000 LEASE 5. 6 ACRES 1/1-12/31/94-
Meyer AAte
• TOTAL 100. 00
CHECK NUMBER 0000347 CHECK TENDERED 100. 00
CHANGE . 00
•
RECEIVED FROM: G� RECEIVED BY: 7.
No rr`/ C . ✓! S ei
TRIPLICATE RECEIPT
City of Salina
109271
�t P.O. Box 736
` o Salina, Kansas 67402-0736
sumo12/10/92 (RECEIPT NO. 19271)
DESCRIPTION AMOUNT
100 . 00
LAND LEASE MEYER ADDITION
CHECK NUMBER 0000000305 TOTAL 100 . 00
TENDERED 100 . 00
CHANGE . 00
•
RECEIVED FROM: HAU RY v S INSABAUGH RECEIVED BY: CC
TRIPLICATE RECEIPT
a1:11ia�. CERTIFICATE OF INSURANCE AMENDED AMENDED AMENDSSSUE DATE(MWDDFYY�
I11 1/4/92
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND
ROB/Schmidt Ins. , Inc. CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE
Box 2747 DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
POLICIES BELOW.
Salina, KS 67402
COMPANIES AFFORDING COVERAGE
COMPANY
LETTER A United Fire
COMPANY n
INSURED LETTER
Sinsabaugh, Harry & Mildred COMPANY C
204 S 8th
Salina, KS 67401 COMPANY Y D
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.
v Ct—O
COI POLICY EFFECTIVE POLICY EXPIRATION _
LTR TYPE OF INSURANCE I POLICY NUMBER DATE(MM/DDIYY) DATE(MM/DDF(Y) I y v t--•
GENERAL LIABILITY GENERAL AGGREGATE S
COMMERCIAL GENERAL LIABILITY PRODUCTSZOMPIOP AGG. SP
CLAIMS MADE I OCCUR. PERSONAL 8-ADV.INJU- $I-
^— OWNER'S&CONTRACTOR'S PROT. EACH OCCURRENCE — $-J
FIRE DAMAGE one lire)_ S
MED.EXPENSE1Nry cne perm) $
AUTOMOBILE LIABILITY COMBINED SINGLE L/)
j LIMIT V C� S
ANY AUTO
ALL OWNED AUTOS BODILY INJURY I
SCHEDULED AUTOS (Per person) $
HIRED AUTOS BODILY INJURY
NON-OWNED AUTOS (Per accident)
t
GARAGE LIABILITY
PROPERTY DAMAGE I S
EXCESS LIABILITY I EACH OCCURRENCE ' S
UMBRELLA FORM AGGREGATE IS
II OTHER THAN UMBRELLA FORM r r
WORKER'S COMPENSATION I I STATUTORY LIMITS __
I EACH ACCIDENT S
{ AND
DISEASE—POLICY LIMIT S
EMPLOYERS'LIABILITY
DISEASE—EACH EMPLOYEE S
OTHER I
A ±-Persona- Liability -80 -205-575 11/24/91 11/24/92 $500,000.
!
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/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
EXPIRATION DATE THEREOF. THE ISSUING COMPANY WILL ENDEAVOR TO
300 W Ash MAIL 10 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 OF A!�Y KIND UPON THE OMPANY,ITS AGENTS OR REPRESENTATIVES.
' AUTHORIZED REPRESENTATIVE
I
ACORD 25-S (7/90) CACORD CORPORATION 1990