Sale of Real Estate - Addendum
ADDENDUM TO CONTRACT OF SALE OF
REAL ESTATE
This Addendum to Contract of Sale of Real Estate ("Addendum") is made and entered into
this 2..ui day of October 2004, by the CITY OF SALINA, KANSAS, a Kansas municipal
corporation, ("City") and SUNFLOWER BANK, N. A., a national banking association,
("Sunflower").
Recitals
A. The City and Sunflower Bank are parties to a certain Contract of Sale of Real Estate
dated September 8, 2003 (the "Contract").
B. Circumstances relating to the completion and recording of the plat of Wayne
Addition (a replat of part of School Grounds, part of Belmont Boulevard and Wayne Avenue, all in
Belmont Addition, and part of Belmont Boulevard and Wayne Avenue in Shalimar Plaza Addition
to the City of Salina, Kansas) have resulted in the need to readdress certain dates contained in the
Contract through this Addendum.
FOR AND IN CONSIDERATION of the mutual and reciprocal promises and agreements
set forth herein, the parties agree as follows:
Section 1 - Amendment of Section 1. Section 1 of the Contract is amended to read as
follows:
Section 1 - Exchange. Upon the terms, conditions, and requirements set forth in this
Contract, the City agrees to convey the Real Estate to Sunflower, subject to the following
deed covenants:
(a) Sunflower shall landscape and maintain the Real Estate in accordance with the
Landscape/Site Plan attached and incorporated as Exhibit B (the "Landscape/Site Plan").
All plantings called for under the Landscape Plan shall be substantially completed during
the spring planting season of 2005. Any deviation by Sunflower from the Landscape/Site
Plan must be approved in advance by city staff; and
(b) Any development of the Real Estate by Sunflower shall be in accordance with
the Landscape/Site Plan. Any deviation by Sunflower from the Landscape/Site Plan in the
development of the Real Estate must be approved in advance by city staff;
in exchange for Sunflower's simultaneous conveyance of the Parking Lot to the City.
These covenants shall be stated as deed covenants on the warranty deed from the City to
Sunflower, which covenants shall be binding upon and shall run with the land.
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Section 2 - Amendment of Section 2. Section 2 of the Contract is amended to read as
follows:
Section 2 - Closing Date. Delivery of Deeds. and Possession. Time is expressly
declared to be of the essence of this Contract. Closing Date shall be on or before November
12, 2004 ("Closing Date" or "Closing"). If the parties fully comply with the provisions of
this Contract, then this Contract shall become binding and the Escrow Agent shall at
Closing deliver (a) the warranty deed and title insurance policy to the Real Estate to
Sunflower and (b) the warranty deed and title insurance policy to the Parking Lot to the
City. No title shall pass hereunder until the foregoing conditions have been fully met. The
parties agree that Sunflower shall have possession of the Real Estate and the City shall have
possession of the Parking Lot immediately following the Closing.
Section 3 - Amendment of Section 6. Section 6 of the Contract is amended to read as
follows:
Section 6 - Taxes.
(a) The Real Estate is currently exempt from real property taxes. The parties
acknowledge that the Saline County Appraiser shall assess real estate taxes against the Real
Estate for 2004, prorated effective upon the recording of the deed from the City to
Sunflower. Sunflower acknowledges its responsibility for payment of any real estate taxes
assessed against the Real Estate for 2004 and thereafter.
(b) Sunflower acknowledges its responsibility for payment of all real property
taxes on the Parking Lot for 2003 and all prior years. Real property taxes for 2004 shall be
prorated between the parties as of the Closing Date, based upon the real property taxes on
the Parking Lot for the prior year. Sunflower agrees to pay to the City at closing its prorated
share of the 2004 real property taxes on the Parking Lot. The City agrees that it shall be
responsible for payment of the actual 2004 real property taxes due on the Parking Lot and
that it will provide Sunflower Bank with a receipt showing payment of the 2004 real
property taxes.
Section 4 - Ratification. Except as modified by this Addendum, the Contract is hereby
ratified, extended, and confirmed.
Section 5 - Extent of Contract. This Addendum shall be binding upon the successors and
assigns ofthe respective parties hereto.
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IN WITNESS WHEREOF, the parties have caused this Contract to be signed by its duly
authorized officers on the day and year first above written.
CITY OF SALINA, KANSAS
By: ~ #,~
Monte D. Shadwick, Mayor
ATTEST:
By: ~ ~~
Lieu Ann ~, City Cle
Gh~?y
SUNFLOWER BANK, N.A.
By:
,j~p .ð '1 ~
David B. Newcomer
Senior Vice-President & Cashier
3
RECEIPT BY ESCROW AGENT
The undersigned hereby acknowledges receipt of the executed original of this Addendum,
and agrees to act as Escrow Agent and Real Estate Reporting Person as defined under Internal
Revenue Code Section 6045(e). This receipt is executed this :t:J day of October, 2004.
LAND TITLE SERVICES, INC.
BY~
. ... -- [Name]
fJrÞt't. 6--cI [Title]
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KANSAS WARRANTY DEED
Rt:Bt:ClA St!:.MAN
Ht::biSTt::R ùF út::t::ùs C ^/
SALIN!:. CûUN1Y KANSAS (Y
Hook: 1~~2 Page: l1Ø~
Receipt t: 21272 Total Fees: .8.00
Pages Recorded: 1
Date Recorded: 11/16/~ 9:58:44 ~
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Upon recor atlon: IS
instrument is to be returned to:
Land Title Services, Inc.
136 N. 7th
Salina, KS 67401
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On this B- day of November, 2004, Sunflower Bank, N.A., a national banking association, fì'kla The
First National Bank and Trust Company of Salina, Salina, Kansas, a national banking association, conveys
and warrants to the City of Salina, Kansas, a Kansas municipal corporation, the following-described real
estate in Saline County, Kansas:
Lots Eighty (80), Eighty-two (82), Eighty-four (84), Eighty-six (86) and the North Twenty-
two and Seventy-five hundredths (22.75) feet of Lot Eighty-eight (88), on Santa Fe Avenue,
Original Town of Salina, Saline County, Kansas. Contains 26,730 square feet or 0.61 acres,
more or less.
SUBJECT TO easements, restrictions, reservations, and other matters of record.
SUNFLOWER BANK, N.A., fì'kla The First National Bank
and Trust Company of Salina, Salina, Kansas, a national
banking association
By:
~lU.~ .ó 11 eu.- ~~
David B. Newcomer
Senior Vice President & Cashier
STATE OF KANSAS, SALINE COUNTY, ss:
BE IT REMEMBERED, that on this I;) day of November, 2004, before me, the undersigned, a
notary public in and for the county and state aforesaid, came David B. Newcomer, Senior Vice President
and Cashier, who is personally known to me to be the same person who executed as such officer the
within instrument of writing on behalf of Sunflower Bank, N.A., fì'kla The First National Bank and Trust
Company of Salina, Salina, Kansas, a national banking association, and such person duly acknowledged the
execution of the same.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year last above written. /""
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L I-v .{C-,..
Notary Public
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ANNA KINGSLEY
NO1"" fIœUC
$'fA 1'1 01' KAIISA8
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