FIB LLC Memorandum of Agreement iiuiiiiiiiuiiuuiiiiii111111I1111111111Il IIIiu11111 IflI11101111111iiiiiuirt _
REBECCA SEEMAN
--.AREGISTER OF DEEDS SALINE COUNTY KANSAS
: -)Book:1350 Page: 1641-1645
j' Receipt #: 120449 2,03Recording Fee: 589.00
Pages Recorded: 5
Date Recorded: 12/ 14/2018 9:28:29 AM
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
Greg A. Bengtson, Esq.
Clark, Mize & Linville Chartered
129 S. 8th St.
Salina, KS 67402-0380
MEMORANDUM OF AGREEMENT
THIS MEMORANDUM OF AGREEMENT is made and entered into as of
January 12 , 2018, by and between the CITY OF SALINA, KANSAS (the "City"), a municipal
corporation duly organized and existing under the laws of the State of Kansas and FIB, LLC, a
Kansas limited liability company ("Transferee") (collectively, the "Parties" and each a"Party").
RECITALS:
A. The Transferee is the owner of certain real property which is located in the City as
legally described on Exhibit A as attached hereto (the "Project Site").
B. Pursuant to that certain Transferee Agreement dated as of January 12 , 2018
(the"Transferee Agreement"), a copy of which is on file with the City Clerk, Transferee has
agreed to redevelop the Project Site into an entertainment facility as a more particularly set forth
in Exhibit A to the Transferee Agreement (the 'Project").
C. The redevelopment, construction, completion and operation of the Project, as well
as the financing of the Project through STAR bond financing and community improvement
district financing are governed and controlled by the Transferee Agreement.
D. All capitalized terms which are used but not defined in this Memorandum shall
have the respective meanings set forth in the Transferee Agreement.
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61762630.1
• Book 1350 Page: 1642
E. The parties hereto agree and desire to record this Memorandum in order to give
notice of terms and provisions of the Transferee Agreement, each and all of which are
incorporated herein by reference.
NOW THEREFORE, in consideration of the foregoing recitals, and for other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged:
1. The City and Transferee do now make and enter into this Memorandum and
record the same in order that notice be given of the terms, provisions, restrictions and other
agreement of the Transferee Agreement, each and all of which are incorporated herein by
reference.
2. During the Term of the Transferee Agreement, this Memorandum and the
Transferee Agreement shall be binding on and inure to the benefit of the Parties hereto and their
respective successors and assigns.
3. The Transferee Agreement may be • executed simultaneously in several
counterparts, each of which shall be deemed to be an original, but all of which together shall
constitute one and the same instrument. In the event of any conflict between the Transferee
Agreement and this Memorandum, the Transferee Agreement shall control.
[Remainder of Page Intentionally Left Blank]
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61762630.1
Book 1350 Page: 1643
IN WITNESS WHEREOF, the City and Transferee have duly executed this Agreement
pursuant to all requisite authorizations as of the date first above written.
CITY OF SALINA, KANSAS
X
Karl F. Ryan, Mayor
[SEAL]
ATTEST:
StaKILL
Shandi Wicks, CMC, City Clerk
APPR, D AS 0 FORM:
G eL A. Bent%.4n, City Attorney
STATE OF KANSAS )
ss.
COUNTY OF SALINE )
On this 5+2) day of , 2018, Karl F. Ryan, personally known to
me and after first being sworn did state that hd/she is the Mayor of the City of Salina, State of
Kansas, and that the seal affixed to the foregoing instrument is the official Seal of the City of
Salina, and that said instrument was signed and sealed on behalf of the City, and that the matters
•set forth herein are true and correct to the best of his/her and the City's knowledge, information
and belief, and acknowledge that he executed the same on behalf of the City as its free act and
deed.
aaIACti bth-Olt
Shandi L. Wicks
Notary Public
SHANDI L WICKS 1
My Commission BeSotarf Pur State of Kansas
My ADO Expiresy )( pp-a }
Memorandum of Transferee Agreement—Salina.KS—r Alley—2018
61762630.1
• • Book 1350 Page: 1644
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IN WITNESS WHEREOF, the City and Transferee have duly executed this Agreement
pursuant to all requisite authorizations as of the date first above written.
TRANSFEREE:
By:
Printed Name: C 4-k¢vl nc k b 2Sctt o
Title: Mt.rw�r
Date: 3ja£s /doe g
STATE OF illEt
t1S )
ss.
COUNTY OFSQ SuJ l cJK )
CCII ry rL�l2 On this a8 day of /'1(,I.[C.h , 2018 , before me personally appeared
f'o, to me personally known, who being by me duly sworn did say that he/she is the
Il1.fi_r ,\lDPr of RI-6 LLC, , a K5 L rnlkd
U tt and that said instrument was signed and delivered on behalf of said
r ZP° LLCM and acknowledged to me that he/she executed the same as the
free act and deed of said F r31 LLC.
In Testimony Whereof, I have hereunto set my hand and affixed my official seal the day
and year first above written. n
NOTARY PUBLIC-State of Kansas Notary Public
rai - LATOYes, RANT
A:Ipl Exp5M Printed Name:CACGf &rantan}
My Commission Expires:
oG •aU -aoao
Memorandum of Transferee Agreement—Salina,KS—Alley—2018
Error!Unknown document property name.
• - Boolc 1350 Page: 1645
EXHIBIT A
•
PROJECT SITE
LEGAL DESCRIPTION
Lots Sixty-Five (65), Sixty-Seven (67), Sixty-Nine (69), Seventy-One (71), Seventy-Three (73),
Seventy-Five (75) and Seventy-Seven (77) on Santa Fe Avenue, Lots Sixty-Eight (68), Seventy
(70), Seventy-Two (72), Seventy-Four (74), Seventy-Six (76), and Seventy-Eight (78) on 5t1f
Street, all in Original Town Salina, Saline County, Kansas
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61762630.1
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