Underground Vault Closure Agreement IIIIIIIIIIIII IIIII11111IIIIIIIIFVIIIIIIIIID111111IIlllIIIIIIIDIIIIIIIIIIIIIP
: : :` REBECCA SEEMAN
• .. _ :•,.REGISTER OF DEEDS SALINE COUNTY KANSAS
y-1Book:1352 Page: 718-722
Receipt #: 121296 Recording Fee:$89.00
pages Recorded: 5
Date Recorded: 2/8/2019 9:50: 12 AM
UNDERGROUND VAULT CLOSURE AGREEMENT
This Underground Vault Closure Agreement ("Agreement") is entered this /.-1-k day of
January 2019, among GAYLE K. ROSE, a single person (the "Owner"); VALERIE K.
LINENBERGER d/b/a True Betty Boutique (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 108 North Santa
Fe Avenue and legally described as:
The South One-half (S/2) of Lot One Hundred Three (103) 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 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 aeree 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:
Book 1352 Page: 719
I
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 11, 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 she chooses to request a certificate of insurance from the Contractor's general liability
insurance provider documenting her 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.
2
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Beak 1352 : 720
CITY: City of Salina, Kansas
Attn: City Clerk
P.O. Box 736
Salina, KS 67402-0736
OWNER: Gayle K. Rose
311 Sunset Drive
Salina, KS 67401
TENANT: Valerie K. Linenberger — - - _ — -
True Betty Boutique
108 N. Santa Fe Ave. ___
Salina, KS 67401
5. Binding Effect and Recording. This Agreement shall be binding upon the parties,
their personal representatives, 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.
OWNER u
a /
Ga4 K. Rose
T NANT
Valerie K. Linenber•er' =
d/b/a True Betty i.utique• 1--""
CITY OF SALINA, KANSAS
By: MY
Karl F. Ryan, Mayor
Trent W. Davis, M.D.
ATTEST:
Shandi Wicks, CMC, City Clerk
3
Book 1352 Page: 721
ACKNOWLEDGEMENTS
STATE OF KANSAS, COUNTY OF SALINE, SS:
This instrument was acknowledged before me on January 4 , 2019 by Gayle K. Rose.
rLEANN M. JOHNSON � �
Notary Public- State of Kansas o ary Public I
My App;.Expires &Iii.o hen- Printed Name: Leary Al. 2bh V1sb A-,
STATE OF KANSAS, COUNTY OF SALINE, SS:
This instrument was acknowledged before me on January 30, 2019 by Valerie K.
Linenberger d/b/a True Betty Boutique.
(t DAN STACK
'=�-'-j Hc.- :1)::: :-State of Kansas Notary Puric)
1.v Anpt. rz,ims December Printed Name: ban 61st(-V,
STATE OF KANSAS, COUNTY OF SALINE, SS:
Februar Trent W. Davis, 14:1D.This instrument was acknowledged before me on Januar' 5_, 2019 by Karl F. Ryan as
Mayor and by Shandi Wicks as City Clerk of Salina, Kansas.
CYNTHIA S. WOLFF 3 I/l
NotaryPublic-Slate of Kansas
My Appt.Expires 1Q- 2-a0acoi� NO 'Public n 4h .
Printed Name: l�tl p lQ tOp
4
Book 1352 Page: 722
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-Exhibit A
The Santa Fe Avenue Right of Way that abuts the west line of the of the
South Ha/f of Lot 103 on Santa Fe Avenue, in the Original Town of Salina,
Saline County, Kansas.
Q
RIGHT—OF—WAY
o
LOT-40-3 ----- -----
`" EDGE BUILDING
I
SIDEWALK VAULT
fCURJ LINE
LOT 105
cry OF CAI INA 300 W ASN, S1(LYA KANSAS
WORK
PUBLIC WORKS- ENGINEERING- UMIRES
o 10 20 30 40 EXHIBIT A
ume ave
SCALE 1' - 20' Mar 2018 .a.
wwww as au tr. ....,.. I2.,
Vn 00
SCANNED