Samy OC, LLC Memorandum of Agreement IIIII!uiiuIIIIIIiiiiiiiiiuuii1111111ItlIDimuiiri1111IiiiiiiiiiiiiiiuUIII
REBECCA SEEMAN
?•.REGISTER OF DEEDS SALINE COUNTY KANSAS
i,: :°• .),IBook:1350 Page: 1635-1640
Receipt #: 120449Recording Fee: 5106.00
Pages Recorded: 6 fiN
Date Recorded: 12/ 14/2018 9:28:28 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, SALINA 2020,
INC., a Kansas corporation (the "Master Developer") and SAMYS OC, 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 Old Chicago restaurant 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 tax increment 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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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, Master Developer, 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]
Memorandum of Transferee Agreement—Salina,KS—Old Chicago—2018
61758866.1
Book 1350 Page: 1637
IN WITNESS WHEREOF, the City, Master Developer and Transferee have duly
executed this Agreement pursuant to all requisite authorizations as of the date first above written.
CITY OF SALINA, KANSSAS
(--.0 1= rw
Karl F. Ryan, Mayor
[SEAL]
ATTEST:
!!1A2LVl�i i W ai/e
Shandi Wicks, CMC, City Clerk
APPROVED AS TO FORM:
14? /
Greg ens
$-, City Attorney
STATE OF KANSAS )
) ss.
COUNTY OF SALINE )
On this 4h day of kb , 2018, Karl F. Ryan, personally known to
me and after first being sworn did state thAt he/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.
• Shandi L. Wicks
Notary Public
SHANDI L. WICKS
Notary Public-State of Kansas
My Commission Expir Appt.Expires Q 01ZZ _
Memorandum of Translate Agreement-Salina,KS-Old Chicago-2018
61758866.1
Book 1350 Page: 1638
IN WITNESS WHEREOF, the City, Master Developer and Transferee have duly
executed this Agreement pursuant to all requisite authorizations as of the date first above written.
MASTER DEVELOPER:
SALINA2020, INC.,
a Kansas corporation
By: � (.c Oc
Trace Walker, Secretary/Treasurer
STATE OF KANSAS )
) ss
COUNTY OF SALINE )
On this 23rd day of January, 2018, before me personally appeared Trace Walker, to me
personally known, who being by me duly sworn did say that he is the Secretary\Treasurer of
Salina2020, Inc., and that said instrument was signed and delivered on behalf of said corporation
and acknowledged to me that he executed the same as the free act and deed of said corporation.
In Testimony Whereof, I have hereunto set my hand and affixed my official seal the day
and year first above written.
04L
0
NOTARY PUBLIC 4
Andra K4y Erd ne.r
My Commission Expires:
9-4/611-bei D,0
[SEAL]
Plgioi ANDRA KAY ERDNER
Notary RKs t
MY Appt.Expires '� Kansas
Memorandum of Transferee Agreement—Salina,KS—Old Chicago—2018
61758866.1
• Bocic 1350 Page: 1639
IN WITNESS WHEREOF, the City, Master Developer and Transferee have duly executed
this Agreement pursuant to all requisite authorizations as of the date first above written.
TRANSFEREE:
Samys OC, LLC
By: !L/
Printed ► ; e: Amro Samv
Title: Manager
Date:
STATE OF KANSAS )
) ss.
COUNTY OF FINNEY )
On this day of \1`\Q,}1 , 2018, before me personally appeared Amro Samv, to
me personally known, who being by me duly sworn did say that he/she is the Manager of Samys OC,
LLC, a Kansas limited liability corporation, and that said instrument was signed and delivered on
behalf of said company and acknowledged to me that he/she executed the same as the free act and
deed of said company.
In Testimony Whereof, I have hereuntr • my hand and affixed my official seal the day and
year first above written.
stary Public
Printed Name: C cid Thau\
My Commission Expires:
a NOTARY PUBLIC-S!aemKansa
ACACIA pe,VIS
11 n= MyAppt.Expires. 11 I I
Memorandum of Transferee Agreement-Salina,KS-Old Chicago-2018
Error!Unknown document property name.
Book 1350 Page: 1640
EXHIBIT A
PROJECT SITE
LEGAL DESCRIPTION
Lot 146 & N/2 of Lot 148, on Santa Fe Avenue, Original Town of Salina, Saline County,
Kansas, commonly known as 214 S. Santa Fe, Salina, Kansas.
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61758866.1
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