Downtown Wall Repair
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WALL AGREEMENT AND COVENANTS
This Agreement is entered into this \~ day of UrQ,~r-, 1986, by
and between the CITY OF SALINA (referred to as "the City") and Paul Morse
(referred to as "the Owner").
I
RECITALS
(A). The City has acquired and demolished certain buildings in
conjunction with the downtown renovation project.
(B). 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:
Lots One Hundred Twenty (120) and One Hundred Twenty-Two (122)
on Santa Fe Avenue, in the Original Town (now City) of Salina,
Saline County, Kansas.
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(2). "Owner's Property" shall refer to the following described real
estate owned by the Owner and located adjacent to the City's Property:
Lot One Hundred Twenty-Four (124) and the North Six and One-Half
inches (N 61") of Lot One Hundred Twenty-Six (126) on South Fifth,
in the Original Town (now City) of Salina, Saline County,
Kansas.
(3). "The 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.
(8). 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 C;ty.s inspection and approval
of the completed repair, resurfacing and weatherproofing work.
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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.
By
CITY OF SALINA,
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Ru us L~ Nye,
KANSAS
Clty Manager
OWNER
B~/?4~.
Paul Morse
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STATE OF KANSAS, SALINE COUNTY, ss:
BE IT REMEMBERED, that on this \~ day Of~o~~o~ , 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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Nota PubllC
STATE OF KANSAS, SALINE COUNTY, ss:
BE IT REMEMBERED, that on this \~~ day OfUltC\~\j-, 1986, before
me, the undersigned, a notary public ln and for t e county and state
aforesaid, came Paul Morse who is personally known to me to be the
same person who executed the within instrument 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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Masonry Restoration 2nd LIFE Waterproofing
2128 Walnu~ Drive
Manhattan, Kansas 66502
Protective Coating Thomas G. Hammes
Phone 776-6446
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PROPOSAL
Paul :rtorse
211 Greenway Rd
Salina Ks. 67401
Nov 1986
19_
Dear Sir:
The undersigned proposes to furnish all materials and perform all labor necessary to complete the following:
RE: Exterior Restoration & Waterproofing
Morse Wall
128 & 130 South fith
Salina Ks. 67401
WORK TO BE DONE:
as per submitted speCifications dated Oct 16 1986
All of the above work to be completed in a substantial and workmanlike manner for the sum of
Nine Thousand And Seventy Five-----______________ ($ 9.075.00) Dollars
Payments to be made each -----------~s the work progresses to the value of _________...._:-<--=---%>
per cent of all work completed. The entire amount of contract to be paid within 30 nays after completion.
Any alteration cr deviation from the above specifications involving extra cost of material or labor will only be executed
upon written orders for same, and will become an extra charge over the sum mentioned in this contract. All agreements
must be made in writing,
The Contractor agrees- to carry Workmen's Compensation and Public Liability Insurance, also to pay all Sales Taxes,
Old Age Benefit and Unemployment Compensation Taxes upon the material and labor furnished under this contract, as
required by the United States Government and the State in which this work is performed,
Respectfully submitted,
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Con~actor .<,;::;i"
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ACCEPTANCE
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You are hereby authorized to furnish all materials and labor required to complete the work mentioned in the above
proposal, for which the undersigned agrees to pay the amount mentioned in said proposal, and according to the terms thereof.
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Date
19_
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Form 14 7
FRANK R. WAL.KER CO.. PUBLISHERS, CHICAGO
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EXTERIOR RFSTORATllJ AND THATERPROOFING
FOR
MORSE WALL
12R & 130 saUTF FITT-
DOViTNT01r/N REDE'1FLOP!>iTENT
SALIN A KS.
THE SFA\~R PARTNERSFIP
SUBfv'ITTED BY:
2nd LIFE Re~toration
PO Box S94
Pan~attan KF. 66s02
913-7~6-P90R
Oct 16 19RE,
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1) PRINCIPLES:
(a) 2nd LIFE Masonry Restoration and Waterproofing, the Contractor bidding
on this work has visited the site, and familiarized ourself with allcondi-
tions before submitting this bid. No allowance will be made for omissions
and errors due to failure in acquainting ourselves with existing consitions
a ffecting the contract.
(b) 2nd LIFE must comply with all conditions of the Form of Bid, Ar1y "
o mission will considered grounds for rejection of the bid.
(c) In submitting a bid, 2nd LIFE agrees to carry out all the provisions
of the drawings and specifications.
(d) The Owner reserves the right to waive all formalities and reject any
or all bids.
(e) The Owner reserves the right to let other contracts in connection with
t he work and 2nd LIFE shall properly cooperate with any ,such other contractors.
2)
BODILY INJURY AND PROPERTY DAMAGE INSURANCE:
(a) Bodily Injury Liability Insurance and Property Damage Insurance shall be
obtainad and maintained by 2nd LIFE Masonry Restoration and Waterproofing for
the duration of this contract. This insurance ahall protect the Contractor
and sub-contractors f~om claims for damages for personal injury, including
accidental death, and from claims for property damages which may arise from
operations under this contract, whether such operations be by himself or any
sub-contractor or anyone directly or indirectly employed by either of them.
The amounts of such insurance shall not be less than:
(1) Bodily Injury Liability Insurance, in an amount not
less than One Hundred Thousand Dollars ($100,000.00) for
injuries, including wrongful death to anyone person, and
subject to the same limit for each person in an amount
not less than Three Hundred Thousand ($300,000.00) on
account of one accident.
(2) Property Damage Insurance in an amount not less than
Fifty Thousand Dollars ($50,000.00) for damages on account
of all accidents.
3) CONTRACTOR'S RESPONSIBILITY:
(a) 2nd LIFE Masonry Restoration and Waterproofing shall be wholy responsi-
ble under this contract for its faithful execution.
(b) The work 'shall be under the supervision of a competent man skilled in all
the main departments of the work. He shall have technical knowledge of the
drawings and methods of workmanship. - He shall be at the project site at all
times when work is in progress to receive instructions and give directions to
the workmen.
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(c) We shall be responsible for care and protection of the work, for
improvements covered by the contract, and for all materials and apparatus
on the proj~ct premises until the work i8 completed and accepted by the
Owner.
(d) We shall adequately protect adjacent property as provided by law,
the drawings and specifications.
(e) 2nd LIFE Masonry Restoration and Waterproofing shall not be respon-
. ible for damages due to, aided by, or in any way caused by present
condition of the building. We shall exercise rational and prudent care at
a 11 times.
4) SAFETY :
(a) Precaution shall be exercised at all times for the protection of
persons (including employees) and property. The safety provisions of
applicable laws, building and construccion codes shall be observed.
Machinery, equipment, and hazards shall be guarded, and all hazards
shall be guarded or eliminated in accordance with the safety provisions
of the Manual of Accident Prevention in Construction, published by the
Associated General Contractors of America, to the extent that such
provisions are not in contravention of applicable law.
5) WORKMEN'S COMPENSATION INSURANCE:
(a) Workmen's Compensation Insurance shall be obtained and maintained
by 2nd LIFE Masonry Restoration and Waterproofing for all his employees.
at the project site for the duration of this contract.
6) CLEANING- UP:
(a) The various contractors or sub-contractors for all parts of the
work shall clean up and remove all trash which has accumulated from
and during the execution of their part of the work and leave the pre-
m bes ready for the next workman, or for acceptance. Coating over spray
on glass must be cleemed off with In1neral spirits within one week from
d ate of application.
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1) SCOPE OF WORK.:
(a) Furnish all material and labor required to complete contract a~
specified.
2) VISIT THE SITE:
(a) 2nd LIFE Masonry Restoration and Waterproofing has visited the site
prior to bidding and understands thl! full extent of the work to be done md
the conditions under. which it will be execut~d, as stated in Section 6,
Work To Be Done.
3) PROTECTION:
(a) 2nd LIFE Masonry Restoration and Waterproofing shall protect all
existing work, utilities, walks, shrubs J etc., liable to damage and such
protection shall be of suitable material and forms.
(b) Provide barricade and lights at night for the protection of pedes-
t rians dur.ing repairs.
4) BIDDING:
{A~ All ~ork as specified herein shall be under one contractor.
5) MA'rERIAL :
(a) Tuckpointing and slurry compounds - ~s s,ecified.
(b) Waterproofing shall be equal to Hydrazite brick waterproofing as
manufactured by Hydrozo Costix:gs Company, 855 West Street, Lincoln,
Nebraska 68501.
(c) Door &nd window caulking to meet federal specifications TT-C-598.
(d) Structur~l crack and cap stone joint caulking shall be e<iual to Thiokol
(po1ysulfide) meeting American Stand~rd Specification A-116-l-l960 color to
match.
(e) ThoroCoat, ThoroSea1, and ThoroGlaze shall be applied as. permanufac-
t urer' s specifications:
Standard Dry Wall Products, Inc.
Miami, Florida 33166
(f) Sure Klean Compound shall be applied as per manufacturer's specifications:
ProSo Compaoy, Inc.
Kansas City, Kansas 6610l.
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WORK TO BE DONE: The purpose of this project is to restore the MePF~S
wall to its original red brick and uniform joint apperance. This wall
has resisted all attempts at chemical cleaning and thus a high pressure
cleaning method will have to be used to remove the existing coating.
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Clean walls
Remove excess mortar where needed. remove cement based coat by what ever
method is least damaging to brick, High pressure water or sandblasting
Uniform joints
If the cleaning technique used removes mortar from the ioints then
the joints shall be refilled or the brick surfaces shall be taped
and then the joints shall be grouted with 'Dry-joint' to give a uniform
joint apperance
Caulking
The brick to metal window joints shall be re caulked with polysulfide
caulking color grey.
Waterproofing
Upon completion of the above outlined work all exterior maf;onry surfaces
on the wall shall be flood coated with a clear water repellant coating,
Weather seal 201 or equal Coverage rate 100sq ft per gallon