Downtown Wall Repair
WALL AGREEMENT AND COVENANTS
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This Agreement is entered into this 6~' day of [)c~~, 1986, by
and between the CITY OF SALINA (referred to as lithe City") and Donald E.
Morris and Roy A. Presley (referred to as lithe Owners").
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I
RECITALS
(A). The City has acquired and demolished certain buildings in
conjunction with the downtown renovation project.
(8). Demolition of those buildings has in some instances exposed
the exterior walls of adjacent buildings, requiring that the newly
exposed exterior walls be repaired and weatherproofed.
(C). Out of concern for public safety and aesthetic compatibility
with public improvements, the public interest shall best be served by the
City's participation in payment of a portion of the cost of such repair
and weatherproofing.
II
DEFINITIONS AND DESCRIPTIONS
For purposes of this Agreement the following definitions shall
apply:
(1). "City'S Property" shall refer to the fOllowing described real
estate owned by the City of Salina:
The North forty-two feet (N421) of Lot One Hundred Fifty-Two (152)
On Santa Fe Avenue, in the Original Town (now City) of Salina,
Saline County, Kansas
(2) . "0wner IS Property" sha 11 refer to the fo 11 owi ng descri bed real
estate owned by the Owner and located adjacent to the City's Property:
Lot One Hundred Fifty-Four (154) and the South Eight Feet (S 81) of
Lot One Hundred Fifty-Two (152) on Santa Fe Aveune, in the Original
Town (now City) of Salina, Saline County, Kansas.
(3). liThe wall" shall refer to that wall facing the City's
property.
(4). "Weatherproofing" shall mean treatment of the exterior wall
surface with a chemical sealant or other recognized method capable of
protecting the wall from damage or loss of function due to exposure to
the elements.
III
INITIAL REPAIR, RESURFACING AND WEATHERPROOFING
(A). The City agrees to reimburse Owner for the actual cost of
repairing, resurfacing, and weatherproofing the wall not to exceed $3.00
per square foot.
(B). To qualify for reimbursement, Owner shall submit to the City
Manager for approval a proposed plan of work to be undertaken in
repairing, resurfacing, and weatherproofing as well as the names and cost
estimates of proposed contractors to complete the work.
(C). Payment shall be made to Owner upon presentation of paid
receipts to the City Manager and after the City's inspection and approval
of the completed repair, resurfacing and weatherproofing work.
IV
COVENANTS
(A). Responsibility, Improvements, Repairs or Modifications. Owner
shall have full responsibility for the wall and covenants and agrees that
any future improvements, repairs, or modifications to the wall must be
approved by the City before a building permit for such work shall be
issued.
(B). Access. Owner covenants and agrees that any future openings
in the wall that provide additional physical or visual access to the
City's property must be approved by the City before a building permit for
such work shall be issued and that any expenses incurred in creating any
such additional access shall be the Owner's sole responsibility.
(C). Ongoing Maintenance. Owner covenants and agrees to maintain
the wall in a sufficient state of repair and with appropriate
weatherproofing necessary to protect the wall from deterioration due to
exposure to the elements. If Owner fails to so maintain the wall as
determined by the City, the City shall, upon reasonable notice to the
Owner, perform such maintenance or weatherproofing work as is necessary
to protect the wall from the elements and shall be entitled to recover
from the Owner the cost of any such repair or weatherproofing.
(D). Demolition. Owner covenants and agrees that in the event the
wall is demolished, this agreement and the covenants herein shall apply
to any wall reconstructed upon Owner's property that faces the City's
property, regardless of where such wall may be located in relation to
Owner's and City's common property line.
V
COVENANTS RUNNING WITH THE LAND AND BINDING EFFECT
This Agreement and the covenants herein shall constitute covenants
running with the land and shall be binding upon the heirs, executors,
administrators, successors and assigns of the respective parties hereto.
Provided however, in the event the City reimburses an owner for repair,
resurfacing or weatherproofing a wall of a building adjacent to City
property without requiring said owner to accept the above covenants and
record them as hereinafter provided, the covenants contained herein shall
be null and void.
VI
RECORDING
This Wall Agreement shall be recorded in the Saline County Register
of Deeds office and shall be indexed under the headings for both of the
above described properties.
CITY OF SALINA, KANSAS
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OWNER
. Nye, Clty Manager
STATE OF KANSAS, SALINE COUNTY, ss:
BE IT REMEMBERED, that on this L day of ~~i'''~\):- , 1986, before
me, the undersigned, a notary public in and for t e county and state
aforesaid, came Rufus Nye, City Manager for the City of Salina, Kansas,
who is personally known to me to be the same person who executed the
within instrument on behalf of the City of Salina, Kansas, and such
person duly acknowledged the execution of the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal,
the day and year last above written.
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STATE OF KANSAS, SALINE COUNTY, ss:
BE IT REMEMBERED, that on this day of , 1986, before
me, the undersigned, a notary public-,n and for the county and state
aforesaid, came Donald E. Morris and Roy A. Presley who are personally
known to me to be the same persons who executed the within instrument and
such persons duly acknowledged the execution of the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal,
the day and year last above written.
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NOlI\Tr PUBLIC
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