License Agreement, Interpleader Settlement Agreement & Interpleader Settlement Journal Entry AGREEMENT
NOW, on this 'I day of September, 2015, Chris Vercher, for himself and as agent
and President with binding authority for Indoor Game Productions, Inc., 300 West Vine,
Junction City, Kansas (both hereinafter referred to as "Vercher"), and Global Spectrum, L.P. for
itself and as agent for the City of Salina, Kansas (both hereinafter referred to as "City") make the
following Agreement:
WHEREAS, Vercher and City are bound by the terms of a certain License Agreement
made and entered into by Vercher and.City on the 12111 day of October 2012; and
WHEREAS, pursuant to the,terms of that License Agreement the City licensed use of its
public arena facility known as the Salina Bicentennial Center to Vercher for five (5) seasons of
professional men's football events beginning with the 2013 league season and expiring upon
completion of the 2017 league season; and
WHEREAS, pursuant to §16.H. of the License Agreement Vercher agreed to "maintain
in good standing its membership in the League and refrain from taking any action that leads to
the revocation of loss of Licensee's right to own or operate a League franchise"; and
WHEREAS, Vercher did not "remain in good standing" and failed to finish its third
season under the License Agreement and was thereafter unable to complete its obligations under
the License Agreement for Season Four and Five and was in breach thereof;and
WHEREAS, the occurrence of Vercher's breach constituted an early termination of the
License Agreement; and
WHEREAS, upon early termination due to Vercher's breach §15.B. of the License
Agreement obligates Vercher to pay City One Thousand Five Hundred Dollars ($1,500) per
year for each League Season" missed during the term of the License Agreement; and
WHEREAS, Vercher therefore owes City $3,000 in accordance with §15.B. of the
License Agreement; and
WHEREAS, the City is in possession of the following items used by Vercher during the
professional men's football events, i.e. black dasher pads; wood dasher wall system; two (2) field
goal posts and nets; one (1) play clock with cables and controller; one (1) custom needle for turf
transportation; all belonging to Vercher(hereafter all referred to as "the Items"); and
WHEREAS, the City is in possession of twelve (12)black metal dasherboards, concrete
blocks and unspecified required hardware which together constitute a part of the City's complete
dasherhoard system; and
WHEREAS, Vercher and City disagree as between the two of them which is the rightful
owner of the twelve(12) black metal dasherboards, concrete blocks, and hardware; and
WHEREAS, Vercher and City wish to resolve the ownership issue and disposition of all
stated property being held by City; and
WHEREAS, Vercher and City agree to be bound by the promises and covenants found
herein as full and final satisfaction of all claims either party now has or may have against the
other arising from that certain License Agreement;
NOW TI-IEREFORE, Vercher and City agree as follows:
1. City agrees to pay Vercher the sum of Five Thousand Eight Hundred Dollars
($5,800) and shall thereafter retain ownership of the twelve (12) black metal dasherboards, all
concrete blocks and hardware free and clear of all right, title, and interest claimed by Vercher.
2. Vercher's obligation to pay to City the sum of $3,000 to satisfy §15.B. of the
License Agreement shall be set off against.the City's agreed payment, and City shall pay the sum
of Two Thousand Eight Hundred Dollars ($2,800)to Vercher upon Vercher's completion of the
following terms of this Agreement:
a. Vercher shall sign a receipt for the Items "as is," take possession of and
remove the Items from City property by October 30, 2015.
b. The agreed upon removal shall occur and be completed between 8:00 a.ni.
and 5:00 p.m. on a single day during the work week (Monday through Friday).
c. Vercher shall provide City with two (2) business days' notice of a
requested removal time& date for the Items.
d. City will.make the Items available to Vercher in the south parking lot of
the Bicentennial Center at the agreed date and time.
e. Vercher shall be solely responsible for loading, securing, and transporting
the Items. City loading assistance may be arranged by Vercher upon separate agreement
and full release of liability with the City.
f. Items not picked up and removed before October 30, 2015, will incur a
Twenty Dollar($20) per day storage fee.
g. City will pay to Vercher the agreed sum of Two Thousand Eight Hundred
Dollars ($2,800) less accrued storage fees upon Vercher's removal of all Items from City
property before December 15, 2015.
h. If the Items are not picked up and removed by December 15, 2015, the
Items will be deemed abandoned and retained by and become the property of the City and
no money will be owed by City to Vercher.
3. Subject to the full performance of this Agreement or December 15, 2015,
whichever shall first occur, Vercher and City generally release each other from any and all
3
claims, suits, demands, causes, or choses in action of any kind or nature, known or unknown,
actual or contingent, foreseen or unforeseen arising out of that certain License Agreement dated
the 12`h day of October, 2012.
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the
day and year first above written.
Chris Vercher, Individually
By /72„.
Chris Vercher, President
Indoor Game Productions, Inc.
GLOBAL SPECTRUM, L.P.
As agent for City of Salina
By
Ron Rideout
General Manager
Salina Bicentennial Center
4
•
possession and control of the dasher pads and field turf since it took possession of the same up to:arid
including the date that it delivers possession to BREEDEN; arising out of that certain contract
between BREEDEN and VERCHER,dated December 31,.2012;and/or from aiiyand-all.other claims
regardless of their nature, which may exist between any of the parties hereto and;in particular, any
claim by BANK against VERCHER and/or any other party arising out of its claimed lien against the
dasher pads and field turf
Nothing herein shall be construed to affect in any way the contract between
BREEDEN and PRECISION, dated June 10, 2015, the same to remain in full force and effect.
7. Upon the execution of this Agreement,the above-styled litigation shall be dismissed
with prejudice,costs to be borne by the Plaintiff(consisting only Of the filing fee, if any). Each party
shall be individually responsible for their own attorney's fees, costs and expenses.
8. It is agreed that counterpart signatures shall be permitted. Signatures may be by
facsimile.
9-161- IS
City of Salina,by \I U Date
Jason.Gage, City Manager
Chris Vercher, individually Date
Indoor Game Productions, Inc., by Date
Chris Vercher,President
4
•
IT IS SO ORDERED.
THE HON. PAUL J. HICKMAN
DISTRICT COURT JUDGE
SUBMITTED BY:
NORTON, WASSERMAN, JONES &KELLY, L.L.C.
213 S. Santa Fe
P.O. Box 2388
Salina, KS 67402-2388
(785) 827-3646
(785) 827-0538
E-mail: rsj @nwjklaw.com
By:
Robert S. Jones
SC#08948
Attorneys for J.L. Breeden, LLC
APPROVED BY:
CLARK,MIZE&LINVILLE, CHTD.
129 South Eighth
P.O. Box 380
Saha, Kansas 67402-0380
(785) 823-6325
Fax: (785)-823-1868
E-mail: pjwright @cml-law.com
Paula J. Wright
SC#12953
Attorneys for Plaintiff
2
Wicks, Shandi
From: Gage, Jason
Sent: Thursday, October 01, 2015 3:57 PM
To: Wicks, Shandi
Subject: FW: Turf Interpleader Action
Attachments: City Interpleader Settlement Agreement 09-29-15.pdf; City Interpleader Settlement Journal
Entry 09-29-15.pdf; Interpleader City-Vercher Agreement (9-29-15).pdf
Shandi,
For your records.
Jason A. Gage, ICMA-CM
City Manager
City of Salina Kansas
300 W. Ash Street, Room 202
P.O. Box 736
Salina, KS 67402-0736
Phone: (785) 309-5700
Fax: (785) 309-5711
TDD: (785) 309-5747
Website: www.salina-ks.gov
r
r. m
0
ANNIVERSARY
..:. 19 1 4 e 2 0 1 4
Ani
From: Paula Wright [mailto:pjwright@cml-law.com]
Sent: Thursday, October 01, 2015 3:52 PM
To: Gage, Jason; Louthan, Dion; Ron Rideout
Cc: Schrage, Mike; Aaron 0. Martin; Bengtson, Greg
Subject: Turf Interpleader Action
Gentlemen:
Attached here are the following concluding documents from this action:
Electronically file stamped Settlement Agreement between all parties resolving the use of the turf and blue
dasher pads
Electronically file stamped Journal Entry approving the Settlement Agreement and dismissing the case
Agreement between Global Spectrum and Chris Vercher & Indoor Game Productions, Inc. resolving all issues
flowing from the License Agreement between Global Spectrum and Indoor Game Productions
The Interpleader action is now officially over and the City has been released from any liability associated with the use of
the turf and blue pads by Precision Sports. The City's involvement with Mr. Vercher will be concluded when he removes
the property itemized in the Agreement with Global Spectrum from Bicentennial Center storage in accordance with the
terms of that Agreement. The Agreement with Vercher also eliminates all claims by him regarding the metal dasher
1
boards and the blocks and hardware needed to utilize them and releases the City from all claims by Vercher/Indoor
Game Productions that could arise under the License Agreement.
Thank you all for your expert advice and assistance and "being on call" as the details of these settlements were
negotiated.
Please call if you have questions or comments.
Paula.
Paula J. Wright I CLARK,MIZE&LINVILLE,CHARTERED 1 129 S. 8th St. -- P.O. Box 380 1 Salina, Kansas 67402-0380 I pjwright(a,cm1-
law.com I Tel. 785-823-6325 1 Facsimile 785-823-1868
IMPORTANT NOTICE AND DISCLAIMER: This message was sent by an attorney with Clark,Mize&Linville,Chartered.The information
contained in this message is privileged,confidential,and is intended only for the use of the addressee(s)indicated above.The Electronic
Communications Privacy Act, 18 U.S.C. § 2510,et seq.,makes it a crime to intentionally intercept email transmissions.Anyone who receives this e-
mail in error should notify the sender by telephone(785-823-6325)and/or reply to this message immediately and destroy the original message in his
or her possession.Thank you.
2