Kansas Limited Warranty Deed w/ Covenant 11111111111111111III11111IIRI111I11111I111111s 1101111111111 I1111I IIIIII 1111
REBECCA SEEMAN
�- i�:<<,. .•,REGISTER OF DEEDS SALINE COUNTY KANSAS
• r -.}Book:1352 Page: 1138-1140
��• C ,, -- •-.�.;.•>•-Receipt #: 121422 Recording Fee: $55.00
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= OUNT1f zDate Recorded: 2/15/2019 1:20:29 PM
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KANSAS LIMITED WARRANTY DEED WITH COVENANT
This Kansas Limited Warranty Deed with Covenant is made this 28th day of January
2019, between the CITY OF SALINA, KANSAS, a municipal corporation, (the "City") and
SALINA EDUCATIONAL AUTOMOTIVE MUSEUM OF AMERICA, INC., a Kansas
corporation, (the "Grantee").
RECITALS
A. The City owns the real estate located in Saline County, Kansas, legally described
as follows (the "Real Estate"):
Lots One Hundred Twenty-two (122) and One Hundred Twenty-four (124) on
Fourth Street in the Original Town(now City) of Salina,
which was acquire and conveyed to the City under a deed dated August 30, 1955 and recorded at
Deed Book 203, pages 30-31 in the records of the Saline County Register of Deeds for use as a
public parking lot.
B. In anticipation of private redevelopment within downtown Salina, Kansas,
including redevelopment of the Real Estate into an automotive-themed museum, the City and
Salina 2020, Inc., a Kansas corporation, entered into a Development Agreement dated as of
January 23, 2017, as amended by the First Amendment to Development Agreement dated as of
January 12, 2018 and the Second Amendment to Development Agreement dated as of November
5, 2018 (as amended, the "Development Agreement"), copies of which are on file with the City
Clerk.
C. Pursuant to that certain Transferee Agreement dated as of November 19, 2018
(the "Transferee Agreement"), a copy of which is on file with the City Clerk, Grantee agreed to
redevelop the Real Estate into an automotive-themed museum as more particularly set forth in
the Development Agreement and the Transferee Agreement (the "Project"), and the City agreed
to transfer fee title to the Real Estate to the Grantee, subject to an express reversion provision in
the event the Grantee fails to Commence Construction (as defined in the Development
Agreement) of the Project within five (5) years following the transfer of title to the Real Estate to
the Grantee.
--Boolc-135?-jf@g2-
•
Book 1352 Page: 1139
WITNESSETH:
That the City, f r
o valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, conveys the Real Estate to the Grantee, with limited warranty covenants.
SUBJECT TO easements, restrictions and any other matters of record, and the
following deed covenant which shall be binding upon and run with the Real Estate until
either released or modified by the governing body of the City:
If Grantee fails to Commence Construction (as defined in the Development
Agreement) of the Project on or before January 29, 2024, then the City may, in its
sole and absolute discretion, reenter and reacquire the Real Estate, and Grantee
shall promptly convey the Real Estate in fee simple to the City.
THE CITY COVENANTS that it: (a) is lawfully seized of the City's interest in the Real
Estate; (b) has good right to convey the City's interest in the Real Estate; (c) guarantees the quiet
possession of the Real Estate against the claims of those claiming any right, interest or title
through the City; (d) will warrant and defend the Real Estate against all lawful claims of those
claiming any right, interest or title through the City, but the City does not warrant title against
those claiming a right, interest or title that arose prior to, or separate from the City's interest in
the Real Estate.
IN WITNESS WHEREOF, the duly authorized officers of the City have executed this
Kansas Limited Warranty Deed to be effective as of the day and year written above.
CITY OF SALINA, KANSAS
By:
Trent W. Davis, M.D., Mayor
ATTEST:
..
4 DZIL14)14
Shandi Wicks, CMC, City Clerk
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 Shandi Wicks, CMC, as City Clerk of the City of Salina, Kansas.
My appointment expires: /0 _ Q
Notary ublic / $
`HIA S. WOLFF S
n-State of Kai Printed Name: t - �I 4 1
2
-Book-ortifAilialsa—
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Boric 1352 Page: 1140
ACCEPTANCE OF COVENANT
On behalf of the Grantee, its officers, directors, and employees, the undersigned duly
authorized representative of the Grantee accepts on behalf of the Grantee the terms of the deed
covenant set forth above, which shall be binding upon and run with the Real Estate until either
released or modified by the governing body of the City.
IN WITNESS WHEREOF, the Grantee has caused this acceptance of covenants to be
executed by its duly authorized officer the day and year first above written.
SALINA EDUCATIONAL AUTOMOTIVE MUSEUM OF AMERICA, INC.
By: / 4?...f,se,._
Thomas Pestinger, President I
STATE OF KANSAS, COUNTY OF SALINE, ss:
This instrument was acknowledged before me on Febraarq J , 2019, by Thomas
Pestinger, as President of Salina Educational Automotive Museum bf America, Inc., a Kansas
corporation.
My appointment expires: /0%�•1Daal
/1 £1 , Il/ /
AiCYNTHIA S. WOLFF Not. j Public //
Notary Public-Stale of Karnes
MyAppt.Expires /0-8-4240..,„, N I 1 /� may. , `o //--
Printed Name: i "Mk
f,' ,`�J (w, //J1_
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