Underground Vault Closure Agreement III 1011III IIl II IIl II HI MIII 111111111111111111111011111111D 11111111111111
REBECCA SEEMAN
•,REGISTER OF DEEDS SALINE COUNTY KANSAS
i-?Book:1352 Page: 520-524
^.'Receipt #: 121235 Recording Fee: S89.00
Pages Recorded: 5c,A
Date Recorded: 2/5/2019 11: 14:43 AM
UNDERGROUND VAULT CLOSURE AGREEMENT
This Underground Vaults Closure Agreement ("Agreement") is entered this 28th day of
January 2019, by and between WYATT & SULLIVAN, LLC f/k/a Wyatt Law Office, LLC (the
"Owner") and the CITY OF SALINA, KANSAS, a Kansas municipal corporation (the "City").
Recitals
A. The Owner owns and occupies a building ("Building") located on real estate in
downtown Salina, Saline County, Kansas addressed as 129 South Santa Fe Avenue and legally
described as:
The North Half(N/2) of Lot One Hundred Twenty-three (123) on Santa Fe Avenue, in
the Original Town (now City) of Salina. Saline County, Kansas ("Owner's 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 exist beneath the Sidewalk and in the Right-of-Way two underground
vaults accessible from the basement of the Building ("Basement") depicted on Exhibit A
("Underground Vaults").
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 Vaults at the City's 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
Vaults based upon a licensed professional engineer's design and at the City's expense (the
"Work"), the Owner:
Book 1352 Page: 521
a. Terminates and relinquishes any rights the Owner may have relating to use and
possession of the Underground Vaults effective as of the date of this Agreement;
b. Agrees to remove all private property from the Underground Vaults by no later
than January 29, 2019;
c. Covenants that no other person or entity by rental agreement, lease or otherwise is
in possession of or has possessory rights to the Underground Vaults through the
Owner; and
d. Grants the City and its contractors, agents, and employees reasonable access to
the Basement for the purposes of(1) photographing the Underground Vaults from
the vantage point of the Basement prior to commencement of the Work, (2)
accessing the Underground Vaults 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 1 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 acknowledges 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
acknowledges and consents to the terms and conditions of Section 2 thereof 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 acknowledges receipt of a copy of the Second
Addendum to Construction Contract and the terms of Section 2 relating to the Owner's
qualification as an additional insured under the Contractor's general liability coverage during the
performance of the Work. The Owner will notify the City if Owner chooses to request a
certificate of insurance from the Contractor's general liability insurance provider documenting
the Owner's 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.
CITY: City of Salina, Kansas
Attn: City Clerk
P.O. Box 736
Salina, KS 67402-0736
2
Book 1352 Page 522
OWNER: Wyatt & Sullivan, LLC
do Jennifer Wyatt, Registered Agent
129 S. Santa Fe Ave.
Salina, KS 67401
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.
CITY OF SSAALIINA, KANSAS
By: ��Zu wl i^/� /^�
Trent W. Davis, M.D., Mayor
ATTEST:
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Shandi Wicks, CMC, City Clerk
WYATT& SULLIVAN, LLC
By: ra
Jennifer Wyatt, Memb
B :
Pamela ullivanember
3
Book 1352 Page: 523
ACKNOWLEDGEMENTS
STATE OF KANSAS, COUNTY OF SALINE, SS:
This instrument was acknowledged before me on January, 2019 by Trent W. Davis,
M.D. as Mayor and by Shandi Wicks as City Clerk of Salina, Kansas.
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ACYNTHIA S. WOLFF ,1 �/ ��
I Notary Public-State of Kansas t Public
C MyAPPt.Expires l0'Se— � j�O
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Printed Name: 5nfh '12 V /7'
STATE OF KANSAS, COUNTY OF SALINE, SS:
This instrument was acknowledged before me on January of8 , 2019 by Jennifer Wyatt
as a member of Wyatt & Sullivan, LLC (f/k/a Wyatt Law Office, LLC).
MIRANDA SHIRACK NoPublic 4tZMX#I /
State of Kansas Notary Public
�
� ' 1 Printed Name: ‘r : aL 0 hi/
1 KAMM
OF KANSAS, COUNTY OF SALINE, SS:
This instrument was acknowledged before me on January apj, 2019 by Pamela Sullivan
as a member of Wyatt & Sullivan, LLC f/k/a Wyatt Law Office, LLC).
1
MIRANDA SHIRACK /, i i 0
yemayCC Notary Public
State Notary Public
Printed Name: 1t-aYe/{a Uh//aa<
" aaares 1
4
Book 1352 Page: 524
Exhibit A
The Santa Fe Avenue Right of Way that abuts the west line of the North
Half of Lot 123 on Santa Fe Avenue, in the Original Town of Salina, Saline
County, Kansas.
:,/rRIGHTOFWAY0
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EDGE BUILDING
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C 'B LINE
LOT 125
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CD'OF SAUNA 300 W A . SALINA KANSAS
PUGYIC WORKS - ENONEENNC - Ol7LIPES
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SCALE 1' - 20' Mar 2018
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