Underground Coal Chute Closure Agreement 111111111III11111MIIII 01111111111111111111111Dill 11111Hill 1111111iIII -
•
t" REBECCA SEEMAN
--'",‘•.REGISTER OF DEEDS SALINE COUNTY KANSAS
i,'•' .°, .-iiBook:1354 Page: 1437-1440
V Receipt #: 122391 Recording Fee: 572.00
Pages Recorded: 4 G
Date Recorded: 4/ 12/2019 2:04:09 PM
UNDERGROUND COAL CHUTES CLOSURE AGREEMENT
This Underground Coal Chutes Closure Agreement (`'Agreement") is entered this 3�
day of April 2019, by and between MARLIE, LLC, a Kansas limited liability company (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 113 South Santa Fe Avenue and legally
described as:
The North Half (N/2) of Lot One Hundred Fifteen (115) on Santa Fe Avenue, in the
Original Town 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 three underground coal
chutes accessible from the basement of the Building (`Basement") depicted on Exhibit A
(''Underground Coal Chutes").
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 Coal Chutes 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
Coal Chutes 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 Coal Chutes effective as of the date of this
Agreement;
b. Agrees to remove all private property from the Underground Coal Chutes by no
later than April 8, 2019;
Book 1354 Page 1438
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 Coal Chutes 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 Coal Chutes
from the vantage point of the Basement prior to commencement of the Work, (2)
accessing the Underground Coal Chutes 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 a 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: Marlie, LLC
do Mark D. Mangels, Registered Agent
2517 Cottonwood Lane
Salina, KS 67401
2
Book 1354 Page: 1439
.1
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: � � t
Trent W. Da , M.D., Mayor
ATTEST:
Shandi Wicks, CMC, City Clerk
MARLIE, LLC
By: --_j"1./-p.
Mark D. Mange , Member
STATE OF KANSAS, COUNTY OF SALINE, SS:
This instrument was acknowledged before me on April g , 2019 by Trent W. Davis,
M.D. as Mayor and by Shandi Wicks as City Clerk of Salina, Kansas.
rfriLEANN M. JOHNSON
Notary Public-State of Kansas
My Appt.Expires 6(W 12o2z No ary Public
Printed Name: Leann IV1 7Uhnsat
STATE OF KANSAS, COUNTY OF SALINE, SS:
This instrument was acknowledged before me on April 3 , 2019 by Mark D. Mangels as
a member of Marlie. LLC.
A y DAN STACK a
fra-+ Notary Public-State of Kansas Notary Public
My Appt. Expires Detembert).O19 Printed Name: ban Stack.
3
Book 1354 Page: 1440
. .
Exhibit A
The Santa Fe Avenue Right of Way that abuts the west line of the North
Half of Lot 115 on Santa Fe Avenue, in the Original Town of Salina, Saline
County, Kansas.
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