SW Bell Parking Lot SBC Corporate Real Estate SBC Communications Inc.
1010 N. St. Mary's, Room 515
San Antonio, Texas 78215
CERTIFIED MAlL #
Z 579 204 844
September \\ , 1998
City of Salina
c/o City Manager
City-County Building
300 West Ash, Rm 202
Salina, Kansas 67402-0736
Gentlemen:
Re: Southwestern Bell Lease for~s on 7th St_t_t_t_t_t_t_t_t_h~Salina, KS- K56417
We have moved ion. Please change your records to reflect the
new add~ress and telephone number listed
Southwestern Bell
1010 N. St. Mary's, Room 515-K
San Antonio, TX 78215
210-886-3297
Re: The turn of the ntury and its im on some computers
The turn of the century Is and its impact on some computers is of
major concern to us as
As you may already know, computers may not accurately recognize the century
date change because were programmed. They may read the digits "00"
in the year 2000 as ~enting year 1900. Computers that misread the date may fail
to operate properly, same to any equipment with embedded microprocessors.
Following is a ,me of the systems that could be impacted: heating,
ventilating and tg controls, lighting controls, and access control systems,
etc.
OCT 26 '98 18:54 FR CORP REAL ESTATE 210 886 3315 TO 8-7858267244 P.Olxll
SO--sTERN BELL TELEPHONE
1010 N. St. Mary's, Room S- COAJ~D~
sa tonio, rez
Shirley Norton
TO: ~~, P~o~e: ~10) 88~3297
F~: ~' ~ Da~:
This COmmu f ~
n cation is intended o --
.~gnUy privileged and ..... .niy rot the Use o
Sfmuid, at ...... ~ummentiaf Gn¢ ..... f the
the above'a'.~.)c~zFezue, notify us im"~'n'-~.."'~u.°n_' Anyone wbo' .-'~__~:.'~ named above and
vu~ V~ ~-uta[e]y b t ,r.c~lves this may cofll~ili
eommunicatio b ..... U.S. mail _ y ef?Phonenad eommunfcafio . _
n = azrie:ly nroL,~,."~ ADy uther d: ..... ~L~nr~l the o-~-~--, a IA error
r '-u'regl. mcmmltioll, dbtr/b..,~'f, mm message to ua at
--,.n or COpying of tMs
OCT 26 '98 10:54 FR CORP REAL ESTATE 218 886 ~15 TO 8-?85826?244 P.02/11
LEASE
B~TWE~N
CITY OF SALINA, KANSAS
AS LANDLORD
SOOTHWESTERN BELL TELEPI~ONE COMP~
AS ?~:NANT
OCT 26 'gB 10:54 FR cORP REAL ESTATE 210 886 33iS TO 8_?85826?244 p.03/ll
TABLE OF ARTICLES
I - GRANT AND TERM
II - RENT
III - CONDITION, USE OF PREMISES, AND ACCEPTANCE
IV - ASSIGNMENT AND SUBLEASE
V - MAINTENANCE AND REPAIR OF THE DEMISED PREMISES
VI - REAL PROPERTY TAXES
VII - INDEMNIFICATION OF LANDLORD
VIII - INDEMNIFICATION OF TENANT
IX - OSHA
X - EEO
XI - WRITING REQUIRED FOR MODIFICATION OR WAIVER
XII - QUIET ENJOYMENT
XIII - SEVERABILITY
XIV - WARRANT OF AUTBORITY
XV - BINDING EFFECT
XVI - C~OICE OF LAW
XVII - SURRENDER OF PREMISES
XVIII - COMPLETE AGREEMENT
XIX - NOTICES
EXHIBIT "A" - DRAWING OF LEASED PARKING SPACES
EXHIBIT "B" - SW~ FORM SW-9368 (NON-DISCRIMINATION COMPLIANCE
AGREEMENT)
OCT 26 '98 10:54 FR CORP REAL ESTATE 210 886 3315 TO 8-?858269244 P.04/11
LEASE
THIS LEASE is entered into between CITY OF SALINA, Salina,
Kansas, ("Landlord"), and SOUTHWESTERN BELL TELEPNONE COMPANY, a
Missouri corporation, with offices at 220 East Sixth Street, Topeka,
Kansas 66603, ("Tenant").
WITNESSETH:
ARTICLE I. GRANT AND TEP, R
(a) Demised Premises. For and in consideration of the
covenants, agreements and stipulations of both parties herein
contained, Landlord does hereby demise and lease unto Tenant, and
Tenant does lease and take from Landlord the following described
premises (herein the "Demised Premises"), now erected in the City of
ialina, Saline County, Kansas:
Nineteen (19) parking spaces located at Lot One
Hundred Thirty (130) on 7th Street in the Original
Town (now City) of Salina as shown in red on
Exhibit "A".
(b) Tenant hereby rents the above described parking spaces
from Landlord and Landlord hereby leases said zpaces beginning on the
1st day of ~ay, 1986 and ending at the pleasure of the Tenant, or
until such time as Tenant sells or vacates its property located east
and across the street from the above described Demised Premises as
shown in yellow on Exhibit "A", with a street address conimonly known
as 137 South 7th Street, Salina, Kansas.
As consideration for this Lease in addition to the mutual
covenants herein, Tenant agrees to pay Landlord, at ~andlordts office
in Salina, Kansas, ONe and 00/100 Dollars ($1.00) on or before the
first day of each year of the LeaSe term.
OCT 26 '98 10:55 FR CORP REAL ESTATE 210 886 3315 TO 8-?85826?244 P. OSx11
ARTICLE III. CONDITION, USE OF PREMISES,
AND ACCEPTANCE
During the Lease term, Tenant shall utilize the premises for
parking space only. Landlord shall maintain all entrances and exits,
so that they at all times will be in a safe condition for the ingress
and egress of employees of the Tenant aha other persons, so all
persons shall have safe passage to and from and about the premises.
Tenant shall have ightBto assign this Lease or to
sublease any part or all of the said premises as long as Southwestern
Bell Telephone Company is the owner of property shown in yellow on
Exhibit "A".
ARTICLE V. MAINTENANCE AND REPAIR
OF THE DEMISED PREMISES
Maintenance and Repair by Tenant:
(a) Tenant agrees to provide for snow removal from the
Demised Premises.
(b) Tenant shall, at his own cost and expense, maintain the
Demised Premises to conform with City Codes.
(c) Tenant shall, at his own cost and expense, maintain the
paved surface of the Demised Premises.
ARTICLE VI. REAL PROPERTY TAXES
Landlord will pay, when due, all real property taxes, charges
and assessments against all or part of the premises or the building
of which they are a part.
OCT 26 '98 18:55 FR CORP REAL ESTATE 218 886 3515 TO 8-?858269244 P.06/11
ARTICLE VII. INDEMNIFICATION OF LANDLORD
Tenant agrees to indemnify and hold Landlord harmless from all
loss, damage and expense occasioned by or arising out of claims for
injury to persons or damage to property in, upon or about the
premises caused by or contributed to by the willful or negligent acts
or omissions of Tenant or of any person acting for or on Tenant's
behalf and to defend on behalf of Landlord any suit brought against
Landlord for any such loss or injury.
ARTICLE VIII. INDEMNIFICATION OF TENANT
Landlord agrees to indemnify and hold Tenant harmless from any
and all loss, damage and expense occasioned by or arising out of
claims for injury to persons or damage to property in, upon or about
the Demised Premises caused by or contributed to by the willful or
negligent acts or omissions of Landlord and to defend on behalf of
Tenant any suit brought against Tenant for any such loss or injury.
ARTICLE IX. OSHA
Landlord, in recognition of Tenant's status as an employer,
agrees to abide by and to undertake the duty of compliance on behalf
of Tenant with all federal, state and local laws, safety and health
regulations relating to those portions of the premises which Tenant
has assumed the duty to maintain pursuant to this Lease and to
indemnify and hold Tenant harmless for any judgments, citations,
fines or other penalties which are rendered or assessed against
Tenant as the result of Landlord's failure to comPlY w~th anu ~ *~-
foregoing. Tenant, in its status as an employer, shall comply with
all federal, state and local laws, safety and health standards and
regulations with respect to the portions of the premises which
Landlord has agreed to maintain pursuant to this Lease.
3
OCT 26 '98 18:55 FR cORP RE~L ESTRTE 210 886 3~15 TO 8-9858269244 p.O?/ll
ARTICLE X. I~BO
Unless exempt under the rules and regulations of the Secretary
of Labor or other proper authority, this Lease is subject tc
applicable laws and executive orders relating to equal opportuniky
and nondiscrimination in employment. The parties to this Lease shall
not discriminate in their employment practices against any person by
reason of race, color, religion, sex, national origin or handicap and
agree to comply with the provisions of said laws and orders to the
extent applicable in the performance of work or furnishing of
services, materials, or supplies hereunder. SWB Form SW-9368 (Rev.
01-83) relating to equal employment opportunity is attached as
Exhibit "B" and is incorporated herein by this reference; however,
only those individual clauses required by law are incorporated herein
by this reference and only those clauses shall be deemed a part of
this Lease.
ARTICLE XI. WRITING REQUIRED FOR
MODIFICATION OR WAIVER
No failure on the part of Tenant to insist upon any provisions
of this Lease, and no precautions taken by Tenant, and no conduct of
Tenant, and no agreement of Tenant, other than an express and
definite written agreement, referring specifically to the affected
provisions of this Lease shall be taken as a waiver by Tenant of any
of the Lease provisions, or shall estop or prevent Tenant from
insisting upon any and all of the Lease provisions.
Landlord, as long as Tenant pays the rent and performs i~s
obligations provided in this Lease, will warrant and ~efend Tenant in
the quiet possession and enjoyment of the premises during the Lease
term against all persons.
OCT 26 '98 18:56 FR CORP REAL ESTATE 210 886 3315 TO 8-7858269244 P.08/11
A~TICL~- XlII. SEVERABILITY
If any provisions, or portion thereof, of this Lease are
invalid under applicable statute or rule of law, they are to that
extent to be deemed omitted.
AI~FICLE XlV. WARRANT OF AUTBORIT¥
Each party warrants that the person executing this Lease on
its behalf is duly authorized to execute this Lease, that the
execution is not proscribed by the Bylaws or Articles of
Incorporation of that corporation and that all necessary action has
been taken by its Board of Directors or governing body to authorize
the execution.
ARTICLE XV. BINDII~ EFFECT
This Lease is binding upon the parties, their successors,
assigns, heirs, executors and administrators.
This Lease and any other instrument, executed in connection
with it, shall be governed by the laws of Kansas.
AI~IC~ XVII. SUP. I~ENDER OF PREMISES
Upon the final expiration of this Lease, Tenant shall
surrender possession to the Landlord ~ ~ ....
...... w~=.l~ses are then
arranged, in as good condition as when Tenant took possession except
damage wrought by use and wear and tear and damage or loss from
accident, defects, or the elements.
ARTICLE XVIII. COMPLETE AGREEMENT
This Lease sets forth the entire understanding of the parties
and supersedes all prior agreements, arrangements and understandings,
5
OCT 26 'g8 10:56 FR CORP REAL ESTATE 210 886 ]]15 TO 8-?85826?244 P,09/11
relating to this subject matter and may not be changed except in
writing by the parties. No representation, promise, inducement or
statement of intention has been made by either party which is not
embodied in this Lease.
ARTICLE XIX. NOTICES
Any notices =equired under this Lease shall be sent to Tenant
in care of Customer Services Staff Supervisor-Leasing and
Acquisition, Southwestern Bell Telephone Company, 220 East Sixth
Street, Suite 109, Topeka, Kansas 66603, and to Landlord in care of
City Manager, City-County Building, 300 West Ash, Room 202, Salina,
Kansas 67402-0736. The effective date of any notice is the date of
delivery.
IN WITNESS WHEREOF, the parties have caused this instrument to
be signed and duly executed.
LANDLORD:
CITY OP SALINA, KANSAS
_ ~/~-~ .% ~_ ~ ~ ~_ By:~t~ __..~ ......
Date --
TENANT:
SOUTHWESTERN BELL TELEPHONE
COMPAN~
Date 0 - Presidefit~s DiviSio.
OCT 26 '98 18:56 FR CORP REAL ESTATE 210 886 5315 TO 8-7858267~44 P.10/ll
Southwestern Bell ,
NON-DISCRIMINATION COMPLIANCE AGREEMENT E:infblt' ii B '
6, MINO~IIT¥ AND WOM(N'~ BUSINESS EI~TERPRISE$~UBC, ONTR&CTING
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OOUN'DA RY PARXI~G LOTS
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