Underground Vault Closure Agreement IlItDIIIIIIIIIIHOHillllllllM! 11111II1lllllllllllllllllllllllllllllllllll
REBECCA SEEMAN
• "- "'";>REGISTER OF DEEDS SALINE COUNTY KANSAS
)Book:1352 Page: 515-519
Receipt #: 121235 1 Recording Fee: 589.00
Pages Recorded: 5 GAJ
Date Recorded: 2/5/2019 11: 14:42 AM
UNDERGROUND VAULT CLOSURE AGREEMENT
This Underground Vault Closure Agreement ("Agreement") is entered this 9th day of
January, 2019, among GRASSROOTS EFFORTS, LLC (the "Owner"); REVOLUTION
SCHOOL OF DANCE, LLC (the "Tenant"); and the CITY OF SALINA, KANSAS, a Kansas
municipal corporation (the "City").
Recitals
A. The Owner owns and the Tenant leases and occupies a building (`Building`)
located on real estate in downtown Salina, Saline County, Kansas addressed as 141 South Santa
Fe Avenue and legally described as:
Lot One Hundred Thirty-one (131) on Santa Fe Avenue, in the Original Town of Salina,
Saline County, Kansas ("Owners Property').
B. The west property line ("Property Line") of Owner's Property abuts the Santa Fe
Avenue public right-of-way ("Right-of-Way") and the public sidewalk constructed on the Right-
of-Way ("Sidewalk") as depicted on the attached and incorporated Exhibit A.
C. There exists beneath the Sidewalk and in the Right-of-Way an underground vault
accessible from the basement of the building constructed on Owner's Property (Basement`)
depicted on Exhibit A ("Underground Vault").
D. In conjunction with plans to make comprehensive public improvements to the
Right-of-Way as part of the City's downtown streetscape project ("Streetscape Project'), the
City has determined, and the Owner acknowledges, that public safety and future maintenance
considerations warrant sealing off at the Property Line and either filling or removing the
Underground Vault at City expense.
THE PARTIES agree and covenant:
1. Consideration. In consideration for the City's commitment as part of the
Streetscape Project to seal off at the Property Line and either fill or remove the Underground
Vault based upon a licensed professional engineer's design and at the City's expense (the
"Work"), the Owner and the Tenant:
Back 1352 Page: 516
a. Terminate and relinquish any rights the Owner or the Tenant may have relating to
use and possession of the Underground Vault effective as of the date of this
Agreement;
b. Agree to remove all private property from the Underground Vault by no later than
January 10th, 2019;
c. Covenant that no other person or entity than the Tenant occupies Owner's
Property by rental agreement, lease or otherwise is in possession of or has
possessory rights to the Underground Vault through the Owner; and
d. Grant the City and its contractors, agents, and employees reasonable access to the
Basement for the purposes of(1) photographing the Underground Vault from the
vantage point of the Basement prior to commencement of the Work, (2) accessing
the Underground Vault with equipment and personnel necessary to complete the
Work, and (3) photographing the completed Work from the vantage point of the
Basement. The City agrees to provide the Owner and the Tenant three (3) days'
notice of need for access to the Basement and will diligently pursue uninterrupted
completion of the Work following commencement.
2. Indemnification by Contractor. The Owner and the Tenant acknowledge having
received and read a copy of the First Addendum to Construction Contract dated August 6, 2018
("First Addendum") between the City and Smoky Hill, L.L.C. (the "Contractor"), and further
acknowledge and consent to the terms and conditions of Section 2 of the First Addendum
relating to the Contractor's agreement to defend, indemnify and hold harmless the Owner
Indemnified Parties as third-party beneficiaries of the Addendum, from certain claims, damages,
losses, and expenses arising from the Contractor's performance of the Work or entry into the
Owner's property.
3. Additional Insured. The Owner and the Tenant acknowledge having received and
read a copy of the Second Addendum to Construction Contract dated August 13, 2018 ("Second
Addendum") including the terms of Section 2 of the Second Addendum relating to the Owner's
and Tenant's qualification as additional insureds under the Contractor's general liability
coverage during the performance of the Work. The Owner and the Tenant will each notify the
City if it chooses to request a certificate of insurance from the Contractor's general liability
insurance provider documenting its additional insured status.
4. Notices. All notices required or permitted to be given pursuant to this Agreement
shall be in writing and delivered personally or sent by registered or certified mail, return receipt
requested, or by generally recognized, prepaid, commercial courier or overnight air courier
service. Notice shall be considered given when received on the date appearing on the return receipt,
but if the receipt is not returned within five (5) days, then three (3) days after mailed, if sent by
registered or certified mail or commercial courier service; or the next business day, if sent by
overnight air courier service. Notices shall be addressed as appears below for each party, provided
that if any party gives notice of a change of name or address, notices to the provider of that notice
shall thereafter be given as demanded in that notice.
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• Book 1352 Page: 517
CITY: City of Salina, Kansas
Attn: City Clerk
P.O. Box 736
Salina, KS 67402-0736
OWNER: Grassroots Efforts, LLC
do Blue Beacon International, Inc.
• Resident Agent
500 Graves Blvd
Salina, KS 67401
TENANT: ,EvOIvno.%) cc.wool C bcg.1LLC.- •
/1/1 S. Sa..,i F
5114.1 nn /CC C.2i/01
5. Binding Effect and Recording. This Agreement shall be binding upon the parties,
their successors, and subsequent owners of Owner's Property, and shall be binding upon and run
• with the land legally described and identified above as Owner's Property. A copy of this
Agreement may be recorded in the records of the Saline County Register of Deeds and indexed to
the real estate legally described and identified above as Owner's Property.
EXECUTED the day and year first above stated.
GRASSROOTSOEFFORTS, LLC
By:CIV1 �
KAn16R..nc p/Anti. Managing Member
By: 'Wei -16142-
oL lS ay I41 ' w�Q7 j(/I CANAscv
CITY OF SALINA, KANSAS
By:
Karl F. Ryan, Mayor
ATTEST:
•
�4Aa &oik RI. et
Shandi Wicks, CMC, City Clerk
3
. ' Book 1352 Page: 518
ACKNOWLEDGEMENTS
STATE OF KANSAS, COUNTY OF SALINE, SS:
This instrument was acknowledged before me on January /44,11 2019 by
kg-fie, /Z1a{•4_-, as Managing Member of Grassroots Efforts, LLC.
NOTARY PUBLIC-State at Kansas
ANN MIKK,E �t Notary Public
MYAPPt.Exp.1=�L_
PrintedName: AL 7')i,('k'tl_ld:✓1
STATE OF KANSAS, COUNTY OF SALINE, SS:
This instrument was acknowledged before me on January 9, 2019 by
Xe/Sey //tehnrzas tach-,her of /)cvo/vho., Saco/ OP�i�e,
NOTARY PUBLIC•State of Kansas /ja
� I1-)A-491--
. ANN MI
fl
,e!= MyAppt.Exp -e
Notary Public •
Printed Name: An,--, / , / key/Jo✓l
STATE OF KANSAS, COUNTY OF SALINE, SS:
d%
This instrument was acknowledged before me on January, 2019 by Karl F. Ryan as
Mayor and by Shandi Wicks as City Clerk of Salina, Kansas.
CYNTHIA S. WOLFF II r U`
N. Eary Public-Siad of Kansas t
�MYAppt.expires a0� Notary i blic I 1 jrp
Printed Name: ,Th rk . �,r10 'f'°
4
• . Book 1352 Page 519
Exhibit A
The Santa Fe Avenue Right of Way that abuts the west line of Lot 131 on
Santa Fe Avenue, in the Original Town of Salina, Saline County, Kansas.
RIGHT—OF—WAY
LOT 129
EDGE BUILDING
Q SIDEWALK VAULT
o LOT 131
N-.CURB: LINE
LOT 133
arra-saisxt sz 'n,��r SSINa•
'pa'Uc r?t.CS = ...._r.0 uglydS
o 10 20 Do 40 EXHIBIT p.
424
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VI) RECORDED AT FILERS REQUEST - 72LtmeS