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Downtown Wall Repair WALL AGREEMENT AND COVENANTS ~ 7 --day of p~~ Agreement is entered into this , 1986, by and between the CITY OF SALINA (referred to as "the City") and N & S Real Estate, a Kansas Partnership ---. (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 defi- nitions shall apply: (1). "City's Property" shall refer to the following described real estate owned by the City of Salina: The South Twenty (S 20) feet of Lot Ninety-Five (95) on Santa Fe Avenue, Original Townsite, Salina, Kansas. .....- '-I !lJ/i l (2). "Owner's Property" shall refer to the following described real estate owned by the Owner and located adjacent to the City's Property: The North one-half (N 1/2) of Lot Ninety-Seven (97) on Santa Fe Avenue, Original Town (now City), 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 the sum of $28,561. (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. - 2- 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 nec- essary 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 - 3 - 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 con- stitute 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, resur- facing 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. KANSAS By N & , OWNER artner partner STATE OF KANSAS, SALINE COUNTY, ss: h . -l~ BE IT REMEMBERED, t at on th1s day of - 4 - ~~~~~y- , 1986, before me, the undersigned, a notary public in and for the county and state aforesaid, came Rufus Nye, City Manager for the City of Salina, Kansas, who is personally known to me to 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. ------~ '-. '!".' "" 1 '. ",. ~ ""~ f (. l.-' 1~1 Ii~U'I,"I'ff Pl1:"; .:r, - :,'~iP [II ,"JI'lt:.'l": f~ n. \., ,....d.. .....,,_~J..... '.1....,....;..- ","d;;'?I-c,'1,/ TY,U, ~'/,,:"!.!::J J l":::';:~:'''i':''';'' "" (pr'! "r lS~, .,~~.., ~t""';'---'''':''':'''::~-- Iv" ",' ~.. r.....,.J._-1.-La._.__l_ .--..---- 7~ ~~~ Nota y Public STATE OF KANSAS, SALINE COUNTY, ss: BE IT REMEMBERED, that on this 7d day of '--1.~ , 1986, before me, the undersigned, a notary public in and for the county and state aforesaid, came Rodney G. Nitz, a general partner in N & S Real Estate, a Kansas Partnership, who is personally known to me to the same person who executed the within instrument and such person duly acknowledged the execution of the same. IN WITNESS WHEREOF, affixed my seal, the day and /4 N"OTAR'! ru' :c - State at Kansas &.:;" L! ~JDA DIR .1ThN;3d r,n\ I ,; lxp. May 12. 1988 I have hereunto set my hand ~ i1 written. , ar PubI1C - and STATE OF HAWAI I, fhtrt,Jh I COUNTY, ss: BE IT REMEMBERED, that on this IOe day of ~ - ,b.....-.. , 1986, before me, the undersigned, a notary public in ~~~r the county and state aforesaid, came Laurin W. Schutter, a general partner in N & S Real Estate, a Kansas Partnership, who is per- sonally known to me to 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. " ~;J/-F? - 5 - day of SUPPLEMENTAL AGREEMENT TQis Supplemental Agreement is entered into this ~ ~G1I~~ , 1986, by and between the CITY OF SALINA (referred to as "the City") and N & S Real Estate, a Kansas Partnership (referred to as "the Owner"). I RECITALS (A). The City and"Owner wish to supplement the provi- sions of a Wall Agreement set forth herein, which is attached hereto and made a part hereof as though to set forth the entire agreement between the parties resulting from the action of the City as set forth in the recitals of the Wall Agreement. (B). The City and Owner agree that there are party wall agreements dated July 1, 1878 and March 1, 1879. (C). The Owner claims that the City's demolition of the building on City's property caused damage to the wall of their building and created structural problems not present before demo- lition, which required substantial expenditures for the project and that the City is liable therefor. (D). The City denies such claims and denies any liabil- ity to owner. (E). Owner, with agreement of the City, has constructed a new foundation and wall on City's Property and City is willing to convey so much of City's Property to Owner so as to grant Owner full ownership of the new foundation and wall and to termi- nate the party wall agreements. (F). City and Owner, consistent with their understand- ings wish to finally conclude any and all issues of liability now existing between them. In consideration of the above recitals and the mutual agreement hereinafter set forth the parties agree: (1). The City will survey the new foundation and wall and convey to the Owner so much of the City's Prop- erty as is necessary to transfer fee title to the exist- ing foundation and wall which conveyance will terminate the party wall agreements. (2). Concurrently with the execution hereof, the parties will execute the wall agreement and the City will pay to Owner $ ~~ S-c" ~n full settlement of any and all claims which the Owner may have against the City under the party wall agreements, and under the Wall Agreement and in addition, any other claims which the owner may have against the City by reason of its actions as set forth herein. CITY LINA, KANSAS N & S artner Laurin partner STATE OF KANSAS, SALINE COUNTY, ss: BE IT REMEMBERED, that on this 'l~ day of ~~t~~ ,1986, before me, the undersigned, a notary - 2 - public in and for the county and state aforesaid, came Rufus Nye, City Manager for the City of Salina, Kansas, who is personally known to me to 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. ~. "DiAD,! p'/'n/ 'r "I t f .~..11 Iln. ~;.,.i',-~'.,a.po K"'nr"'''' ,J , ~ ~; '. r:~ t ~ . .l!. .:dJ .Er' ."""'~ T ,RA r1:,\,',:SE ". .:~i!.!..'D,"''::l My AplO! [X;J!i.-: -.--- ~ ~-\C~O~ Not ry Public STATE OF KANSAS, SALINE COUNTY, ss: BE IT REMEMBERED, that on this jt+- day of '-7)~ 1986, before me, the undersigned, a notary public in and for the county and state aforesaid, came Rodney G. Nitz, a general partner in N & S Real Estate, a Kansas Partnership, who is per- sonally known to me to the same person who executed the within instrument and such person duly acknowledged the execution of the same. IN WITNESS WHEREOF, affixed my seal, the day and ,~~nmY P!! ~<", "\ E:!]~;.:_'L.,~,",:::m f/" r. ; Ka~s I i, 1988 . ,_...J set my hand and written. STATE OF HAWAII, f-lA-aJhl COUNTY, ss: BE IT REMEMBERED, that on this IOfj.. day of L<\".......ku J.. _ , 1986, before me, the undersigned, a notary public in ~~~~the county and state aforesaid, came Laurin W. Schutter, a general partner in N & S Real Estate, a Kansas Partnership, who is per- sonally known to me to 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. hN-~uJ ~~ ~y/,\PUbliC 7 /L1y (Jm/YJ/;5/~AI Ctfcf'/d!-E5 6 -;J/-flT - 3 - . . . . SPECIAL WARRANTY DEED THIS INDENTURE, made this 15th day of December 1986, between the CITY OF SALINA, KANSAS, a municipal corporation, hereinafter referred to as the "Party of the First Part," and N & S REAL ESTATE, A KANSAS PARTNERSHIP, hereinafter referred to as the "Party of the Second Part," WITNESSETH: That the Party of the First Part, in consideration of the sum of One Dollar ($1.00) and other valuable considerations, the receipt and sufficiency of which are hereby acknowledged, does by these presents grant, bargain, sell, and convey unto the Party of the Second Part, its successors and assigns, with special warranty covenants, all of the following described real estate situated in Saline County and the State of Kansas, to wit: The South 2.86 feet of Lot Ninety-five (95) on Santa Fe Avenue in the Original Town of Salina, Saline County, Kansas. TO HAVE AND TO HOLD THE SAME, together with all and singular the tenaments, hereditaments, and appurtenances thereunto belonging, or in anywise appertaining, forever. And the said City of Salina, Kansas, for itself, its successors and assigns, does hereby covenant, promise, and agree to and with said Party of the Second Part, that it will warrant and forever defend the same unto the said Party of the Second Part, its successors and assigns, against said Party of the First Part and its successors, and all and every person or persons whomsoever, lawfully claiming or to claim the same, or any part thereof, by, through or under it. IN WITNESS WHEREOF, the said Party of the First Part hereunto has caused this deed to be executed by its Mayor, thereunto duly authorized so to do, and has caused its corporate seal to be hereunto affixed on the day and year first above written. CITY OF SALINA, KANSAS --/ //' / By ATTEST: ft~~-.J D. L. Harrison, City Clerk STATE OF KANSAS, SALINE COUNTY, ss: BE IT REMEMBERED, that on this 15th day of December, 1986, before me, the undersigned, a notary public in and for the county and state aforesaid, carne Joseph Ritter, Mayor of the City of Salina, Kansas, and D. L. Harrison, City Clerk, who are personally known to me to be such officers and who are personally known to me to be the same persons who executed as such officers the within instrument of writing on behalf of said City of Salina, Kansas, and such persons duly acknowledged the execution of the same to be the act and deed of said City. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day and year last above written. M. Eo ABBOTT NOT AR'i PUBLIC . -~') ) "2"'" /' , /:..,' / <: c: ~/ c: 0--.p-- Notary Public