Underground Vault Closure Agreement 111111111iiu111 III 111 11 1111 1111111111 m .miiiiuuuiuu
REBECCA SEEMAN
REGISTER OF DEEDS SALINE COUNTY KANSAS
.._; -jBook:1358 Page: 907-911
'Receipt #: 123794 Recording Fee: 589.00
Pages Recorded: SCM
Date Recorded: 7/ 10/2019 8:23:28 AM
UNDERGROUND VAULT CLOSURE AGREEMENT
This Underground Vault Closure Agreement (`'Agreement") is entered this (9 day of
April 2019, by and between JOAN ENTERPRISES, LLC, a Kansas limited liability company
doing business as Auld Lang Syne (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 101 North Santa Fe Avenue and legally
described as:
The South Half(S/2) of Lot One Hundred Six (106) and all of Lot One Hundred Eight
(108) on Santa Fe Avenue, in the Original Town of Salina, Saline County, Kansas
("Owner's Property").
B. The south property line ("Property Line") of Owner's Property abuts the Iron
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 ("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 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
Vault 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 Vault effective as of the date of this Agreement;
Book 1358 Page: 908
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b. Agrees to remove all private property from the Underground Vault by no later
than April 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 Vault 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 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 three 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 1358 Page: 909
OWNER: Joan Enterprises, LLC
101 N. 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 ofDeeds and indexed to
the real estate legally described and identified above as Owner's'Propeit'. •
EXECUTED the day and year first above stated.
CITY OF SALINAA,, (KANSAS"
By: �^'�`� , J
Trent W. Davis, .D., Mayor
ATTEST:
•
2Aa tdi .�t%tPYak
Shandi Wicks, CMC, City Clerk
JOAN EN ERPRISES, L _
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By' !.k . • . t`e-
Andrea M. Pfeifer, Member _ t
•
By: �'" �rai
Rocky D. ' eifer, M- ser
BY: 1 As so a Ceti.
Jo.. . M. : omquis M embers
3
Book 1358 Page: 910
ACKNOWLEDGEMENTS
STATE OF KANSAS, COUNTY OF SALINE, SS:
June
This instrument was acknowledged before me on April 10, 2019 by Trent W. Davis as
Mayor and by Shandi Wicks as City Clerk of Salina, Kansas.
nto LEANN M. JOHNSON ���,La e
M Notary Public -State of Kansas Not' Public
y Appt.Expires ito120t2_
Printed Name: Leann M. X6/111501.
STATE OF KANSAS,COUNTY OF SALINE, SS:
akiate *AA
This instrument was acknowledged before me on'Arpr-rl—U , 2019 by Andrea M. Pfeifer
as a member of Joan Enterprises, LLC. 1wG(0n/��L7 "/Iy�1
vig
4 KIMBERLY GILBERTSON Not Public �/ / 7 (7�){
Notary Public-State of Kansas Printed Name: OVUM v l(1 S"` ' r -�
My Appt.Expires` 9j4. 3
rltit : t�f1V ';� ,ts'
OF KANSAS, COUNTY OF SALINE, SS:
This instrument was acknowledged before me on pri Uri, 2019 by Rocky D. Pfeifer as
a member of Joan Enterprises, LLC.
DAN STACK Notary Public
naV Notary Public-State of Kansas • Printed Name: S{-ac k
My Appt. Expires December 2.13,24219 _ 0.n
STATE OF KANSAS, COUNTY OF SALINE, SS:
• This instrument was acknowledged before me ons, il IPF 2019 by Joanna M.
Blomquist as a member of Joan Enterprises, LLC.
k KIMBERLY GILBERTSON Notary Public �,' 1n
Notary Public- State of Kansa Printed Name: tAIWl X,I
rilj (11Welt{�h
My Appt.Expiress�CiAl1,wr, J
4
! Book 1358 Page: 911
Exhibit A
The Iron Avenue Right of Way that abuts the south line of Lot 108 on
Santa Fe Avenue, in the Original Town of Salina, Saline County, Kansas.
RIGHT—OF—WAY Q
IL
LOT 108 I o
EDGE BUILDING
SIDEWALK VAULT
O/000%/00%////%/O%////, r./7 ' /1/54",/,/
____}7CURB LINE
I
Iron Ave.
p7Y OF SAUNA .700 W ASA SAUNA KANSAS
PUBLIC *MKS- ENGINEERING- UPUBE5
o 10 20 30 40 EXHIBIT A
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SCANNED