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Memorandum of Lease Agreement _ > ; : 1 iiiiiiiriiiriiiiiiiiii1iii111111111111111111111111111111111111111ii1iii11111111 "- LANDTITLE SERVICES,INC. REBECCA SEEMAN 136N.7th Street 1 REGISTER OF DEEDS SALINE COUNTY KANSAS ts Salina, KS 67401,-1 Page: 737-741 • � -�.� FILE# ��L( .3 B '0912L `` + .� Receipt #: 104988 1 Recording Fee: $59.00 • "" Pages Recorded: 5 G • Date Recorded: 7/27/2016 4:15:51 PM MEMORANDUM OF LEASE AGREEMENT THIS MEMORANDUM OF LEASE AGREEMENT, made and entered into as of July 27, 2016, by and between the CITY OF SALINA, KANSAS, a municipal corporation organized under the laws of the State of Kansas (the "Issuer"), and SALINA FIELD HOUSE QUALIFIED ACTIVE LOW- INCOME COMMUNITY BUSINESS,INC., a Kansas not-for-profit corporation(the"Company"); WITNESSETH: Be it known by these presents that the Issuer has rented, leased and let unto the Company and the Company has rented, leased and hired from the Issuer, for the rentals, and upon and subject to the terms and conditions set forth in the Lease Agreement dated as of July 27, 2016 (the "Lease Agreement"), by and between the Issuer and the Company, the property described and set forth on Exhibit A attached hereto and made a part hereof(being the"Project"), for a basic term commencing on July 27, 2016, and terminating on December 31,2026. The Company is given the right and option under the provisions of said Lease Agreement to purchase the Project or portions thereof at the time and in the manner described in the Lease Agreement. The covenants, agreements and conditions herein and in the Lease Agreement contained shall run with the property leased and shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. • Book: 1315 Page: 738 IN WITNESS WHEREOF, the parties hereto have executed these presents the day and year first above written. CITY OF SALINA,KANSAS By: Name: Karl F.Ryan Title: Vice-Mayor ATTEST: Na�Ie: Shandi Wicks Title: City Clerk ACKNOWLEDGMENT STATE OF KANSAS ) )SS. COUNTY OF SALINE ) BE IT REMEMBERED that on this 8 ' day of July, 2016, before me, a notary public in and for said county and state, came Karl F. Ryan, Vice-Mayor of the City of Salina, Kansas, a municipal corporation duly authorized, incorporated and existing under and by virtue of the Constitution and laws of the State of Kansas, and Shandi Wicks, City Clerk of said City, who are personally known to me to be the same persons who executed,as such officers,the within instrument on behalf of said City,and such persons duly acknowledged the execution of the same to be the act and deed of said City. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal,the day and year last above written. CYNTHIA S. WOLFF ,� All _ -� . nom:..... [SEAL] r4'='—• Notary Public-State of Kansas Name - [ My Appt,Expires )Q—?—(401g Title: Notary Public c n`*{))& I,) S . My commission expires JO - g'02 Off • Memorandum of Lease Agreement (Salina Field House Qualified Active Low-Income Community Business,Inc.Project) 2 Book: 1315 Page: 739 e SALINA FIELD HOUSE QUALIFIED ACTIVE LOW-INCOME COMMUNITY BUSINESS, INC.,a Kansas not-for-profit corporation By: R eXu41- / a� Name: Kart P. a& - Title: — p 5 i C.` ■l.'r ACKNOWLEDGMENT STATE OF ) ) SS. COUNTY OF SALINE ) BE IT REMEMBERED, that on this664" day of July, 2016, before me the undersi -d, Notary Public in and for the County and State aforesaid, came rl , • ;._�; Book: 1315 Page: 740 1 . EXHIBIT A Description of the Project All buildings, improvements, equipment, furnishings and machinery owned or leased by the Company and paid for in whole or in part with the proceeds of the Bonds and located or to be located on the following property: LEGAL DESCRIPTION PROPERTY DESCRIPTION: (PER TITLE COMMITMENT #TI16-13942) rR#1:A TRACT OF LAND BEING COMPOSED OF LOT EIGHTY-FOUR(84),LOT EIGHTY-SIX(86), EIGHTY-EIGHT(88),LOT NINETY(90),LOT NINETY-TWO(92),LOT NINETY-FOUR(94),LOT NINETY- SIX(96),LOT NINETY-EIGHT(98),AND PART OF LOT ONE HUNDRED(100)ON 4TH STREET,AND LOT NINETY-ONE(91),LOT NINETY-THREE(93),LOT NINETY-FIVE(95),LOT NINETY-SEVEN(97),LOT NINETY-NINE(99),AND PART OF LOT EIGHTY-NINE(89)ON 5TH STREET,AND THAT PORTION OF THE VACATED ALLEY THAT ABUTS SAID LOTS,ALL IN THE ORIGINAL TOWN OF SALINA, SALINE COUNTY,KANSAS SAID TRACT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF LOT ONE HUNDRED SEVEN(107)ON SAID 5TH STREET;THENCE ON AN ASSUMED BEARING OF NORTH 00 DEGREES 03'18"EAST ON THE EAST RIGHT-OF-WAY LINE OF SAID 5TH STREET,A DISTANCE OF 201.69 FEET TO THE SOUTHWEST CORNER OF SAID LOT NINETY-NINE(99)AND THE POINT OF BEGINNING;THENCE NORTH 00 DEGREES 03'18"EAST ON THE EAST RIGHT-OF-WAY LINE OF SAID 5TH STREET,A DISTANCE OF 277.08 FEET TO THE NORTHWEST CORNER OF THE TRACT DESCRIBED IN SALINE COUNTY REGISTER OF DEEDS BOOK 1267,PAGE 761;THENCE NORTH 89 DEGREES 57'59"EAST ON THE BOUNDARY LINE OF SAID DESCRIBED TRACT,A DISTANCE OF 130.71 FEET TO THE WEST LINE OF SAID LOT NINETY(90);THENCE NORTH 00 DEGREES 01'35" EAST,A DISTANCE OF 175.29 FEET TO THE NORTHWEST CORNER OF SAID LOT EIGHTY-FOUR(84);THENCE SOUTH 89 DEGREES 58'04" EAST A DISTANCE OF 119.26 FEET TO THE NORTHEAST CORNER OF SAID LOT EIGHT-FOUR(84); THENCE SOUTH 00 DEGREES 05'02"WEST ON THE WEST LINE OF SAID 4TH STREET,A DISTANCE OF 444.14 FEET TO THE POINT THAT IS 8.5 FEET NORTHWEST,MEASURED AT RIGHT ANGLES,FROM THE CENTERLINE OF THE MAIN TRACK OF THE MCPHERSON BRANCH OF THE UNION PACIFIC RAILROAD COMPANY,THENCE SOUTH 12 DEGREES 57'26"WEST ON A LINE THAT IS 8.5 FEET NORTHWEST,MEASURED AT RIGHT ANGLES,FROM SAID CENTERLINE,A DISTANCE OF 9.27 FEET TO THE SOUTH LINE OF SAID LOT ONE HUNDRED(100);THENCE NORTH 89 DEGREES 48'51" WEST ON THE SOUTH LINE OF SAID LOT ONE HUNDRED(100)AND SAID LOT NINETY-NINE(99),A DISTANCE OF 247.58 FEET TO THE POINT OF BEGINNING.PLUS THAT PART OF VACATED ALLEY THAT ABUTS SAID LOTS. TR#2:LOT EIGHTY-ONE(81),EIGHTY-THREE(83),EIGHTY-FIVE(85),EIGHTY-SEVEN(87)AND THE NORTH HALF OF LOT EIGHTY-NINE(89)ON FIFTH STREET IN THE ORIGINAL TOWN OF SALINA, SALINE COUNTY,KANSAS PLUS THAT PART OF VACATED ALLEY THAT ABUTS SAID LOTS. TR#3:LOTS EIGHTY(80)AND EIGHTY-TWO(82)ON FOURTH STREET,ORIGINAL TOWN OF SALINA, SALINE COUNTY,KANSAS PLUS THAT PART OF VACATED ALLEY THAT ABUTS SAID LOTS. -TR#4: LOT SEVENTY-NINE(79)ON FIFTH STREET,ORIGINAL TOWN OF SALINA, SALINE COUNTY, KANSAS PLUS THAT PART OF VACATED ALLEY THAT ABUTS SAID LOTS. NOW DESCRIBED AS: ✓ALL EVEN NUMBERED LOTS 80 THROUGH 100, ON 4TH STREET,AND ALL ODD NUMBERED LOTS 79 THROUGH 99,ON 5TH STREET,AND THE ADJACENT VACATED 10 FOOT ALLEY DESCRIBED IN Book: 1315 Page: 741 . ORDINANCE NO. 7009,FILED IN MISC.BOOK 89,PAGE 577,AND IN ORDINANCE NO. 16-10820 FILED IN BOOK 1309,PAGE 284,ALL IN THE ORIGINAL TOWN OF SALINA, SALINE COUNTY,KANSAS. EXCEPT THAT PART OFX LOT 100,ON 4TH STREET TAKEN FOR RAILROAD RIGHT-OF-WAY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 100;THENCE N 00°18'39" E ON THE EAST LINE OF SAID LOT 100,A DISTANCE OF 9.01; THENCE S 14°51'35" W A DISTANCE OF 9.31 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT 100;THENCE S 89°34'03" E ON SAID SOUTH LINE,A DISTANCE OF 2.34 FEET TO THE POINT OF BEGINNING. RECORDED AT FILERS REQU ST �c�,r tit d ll a C1 G'r�