First Addendum to Lease Agreement FIRST ADDENDUM TO LEASE AGREEMENT
This First Addendum to Lease Agreement ("Addendum") is made and entered
into this 15 day of May, 2018 by and between KMJJM, L.L.C., a Kansas limited
liability company ("Lessor"), and the CITY OF SALINA, KANSAS, a Kansas municipal
corporation ('Lessee").
Recitals
A. Lessor and Lessee are parties to a Lease Agreement dated March 6, 2018 (the
"Lease") to enable Lessee to operate a recycling center and other activities normally
associated with waste and recyclables management on the Premises as defined in the
Lease.
B. Pursuant to Section 2 of the Lease, its force and effect were made subject to
satisfaction of the condition precedent of Lessee's determination, in its sole
discretion, of the acceptable environmental status of the Premises, based upon a
Phase I environmental site assessment and, if warranted, a Phase II environmental
assessment.
C. Phase I and Phase II environmental assessments of the Premises have been
completed and the City, upon the authority delegated by its Governing Body to its
City Manager, wishes to exercise its option under Section 2.2(a) of the Lease to
execute with Lessor an Addendum to the Lease establishing the Effective Date of the
Lease.
D. Lessee has had opportunity to further refine the location of the perimeter fence to be
installed by Lessee, as depicted on the attached and incorporated Supplement to
Exhibits B and D.
The parties agree and covenant:
1. Effective Date. The Effective Date of the Lease shall be May 15 2018.
2. Perimeter Fence. The perimeter chain-link fence to be installed by Lessee as
originally depicted on Exhibit B to the Lease and described on Exhibit D to the
Lease shall be installed as depicted on the attached and incorporated Supplement to
Exhibits B and D.
3. Ratification. Except as modified by this Addendum, all other terms of the Lease are
ratified and confirmed.
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4.
4. Binding Effect. This Addendum shall' be binding upon the heirs, beneficiaries,
personal representatives, successors, and assigns of the Lessor and the Lessee.
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Lessor and the Lessee have each caused this Addendum to be executed by its duly
authorized officers on the date shown.
KMJJM, L.L.C. (Lessor) �� (��
Date: May . 2018 By: 0—Q1�y�y�
Charles Henry, Mana ing mber
CITY OF SALINA (Lessee)
Date: May 15, 2018 By: City
J on A. Gage, City Man ger
ATTEST
Date: May 15, 2018 By: lath
Shandi Wicks, CMC, City Clerk
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