Underground Vault Closure Agreement INIIIIII 10 11 SIIIII 11111 1111IIMOO VIII IIIIIII 1111111 II
REBECCA SEEMAN
• < REGISTER OF DEEDS SALINE COUNTY KANSAS
Book:1352 Page: 1141-1144
Receipt #: 121422Recording Fee: $72.00
Pages Recorded: 4 ON
Date Recorded: 2/15/2019 1:20:30 PM
UNDERGROUND VAULT CLOSURE AGREEMENT
This Underground Vaults Closure Agreement ("Agreement") is entered this q day of
February 2019, by and between POORMAN PROPERTIES, LLC, a Kansas limited liability
company with its principal place of business at 1400 E. Douglas, Wichita, Kansas 67214 (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 223 North Santa Fe Avenue and legally
described as:
Lot Sixty-Eight (68) and the South Half(S/2) of Lot Sixty-six (66) on Santa Fe Avenue,
in the Original Town of Salina, Saline County, Kansas("Owner's Property").
B. The east 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:
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 February j, 2019:
Boole 1352 Page: 1142
•
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 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 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
OWNER: Poorman Properties, LLC
c/o Thomas Poorman, Registered Agent
1400 East Douglas
Wichita, KS 67214
2
• Bock 1352 Page: 1143
.
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 SALINA,KANSAS
By:
Trent W. Davis, ayor
ATTEST:
Shandi Wicks, CMC, City Clerk
POORMAN PROPE F45,,LLC
By:
Thomas Poorman,Member
STATE OF KANSAS,COUNTY OF SALINE, SS:
II
This instrument was acknowledged before me on February ), 2019 by Trent W. Davis
as Mayor and by Shandi Wicks as City Clerk of Salina, Kansas.
LEANN M. JOHNSON kiiF
Notary Public-State of Kansas
MyAppt.Expires I,f vs(zort No . Publi•�
Printed Name: L& fl M • J hrt YA.
STATE OF KANSAS, COUNTY OF SEDGWICK, SS:
This instrument was acknowledged before me on February y , 2019 by Thomas
Poorman as a member of Poorman Properties, LLC.
MELISSA MCALISTER curnf'�.Q,�.t_
NotalyELI pubicofNotary Public
MYAPPt•ExWms v" Printed Name:nrutissa me A h S-i-er
3
• Book 1352 Page: 1144
Exhibit A
The Santa Fe Avenue Right of Way that abuts the east line of Lot 68 and
the east line of the South Half of Lot 66, on Santo Fe Avenue, in the
Original Town of Salina, Saline County, Kansas.
., d
LOT- 66
SIDEWALK VAULT -4011111
(Coal Chute)
Q
LOT 68 EDGE BUILDING
RIGHT OF–WA Y
_.... —CURB LINE
LOT 7-0
car a-SAUNA .W W ASH. SALIVA. KANSAS
PUBLIC WORKS -PIONEER/NG - UIKITI£S
0 10 20 30 40 EXHIBIT A
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