Townhouse Development
AGREEMENT
This Agreement is entered into this 16th day of November, 1998, by and between the CITY
OF SALINA, KANSAS (the "City") and PRESBYTERIAN MANORS, INC., a Kansas
corporation, ("Presbyterian Manor").
Recitals
A. Presbyterian Manor is the owner and developer of a townhome development
recently constructed in Salina Presbyterian Manor Inc. Addition to the City of Salina, Kansas.
B. One of the townhome units was partially constructed and a retaining wall entirely
constructed within a public drainage easement as depicted on the attached Exhibit A.
C. The City and Presbyterian Manor desire to identify a means by which the townhome
unit and retaining wall may remain in place and improvements made to the existing drainage
channel that will ultimately allow for vacation of that portion of the drainage easement upon which
the townhome unit and retaining wall are currently encroaching.
THE PARTIES therefore covenant and agree:
1. Occuoancv Permit. The City agrees that an occupancy permit for the encroaching
townhouse unit will be issued upon signature of this Agreement by both parties in consideration for
the covenants made and commitments undertaken by Presbyterian Manor as outlined in this
Agreement.
2. Desim and Construction of Drainaee Channel Imorovements. Within six months
from the date of this Agreement, Presbyterian Manor shall present to the City detailed design plans
prepared by a certified engineer of modifications or improvements (e.g. pipes, box culverts) to be
made to the existing drainage channel. The design plans shall be subject to the approval of the City
Engineer and must, in the discretion of the City Engineer, be sufficient to allow for vacation of that
portion of t.'le drainage easement upon which the townhome unit and retaining wall currently
encroach. Within one year following notification of the City Engineer's approval of the design
plans Presbyterian Manor shall complete construction of the modifications or improvements,
subject to the approval of and acceptance by the City Engineer on behalf of the City.
3. Indemnification and Hold Harmless. Presbyterian Manor shall indemnify and hold
and save the City, its officers, employees, agents, and contractors, harmless from any loss, cost,
expense, penalty, damage, or judgment, including attorneys fees, that may arise from the City
allowing Presbyterian Manor to maintain the encroaching townhome unit and retaining wall
pending the design and construction of the modifications or improvements to the existing drainage
channel which will allow for vacation of that portion of the drainage easement upon which the
townhome unit and retaining wall are located.
4. Default. If Presbyterian Manor should fail to complete its obligations to design and
construct the modifications or improvements to the existing drainage channel as described in
paragraph 2 above, the City may, in its discretion, pursue any of the following remedies:
a. Require the removal of the retaining wall and the reconstruction of the
townhome unit such that it no longer encroaches upon the drainage easement;
b. Pursue judicial enforcement of Presbyterian Manor's obligations under this
Agreement; or
c. Cause the work described in paragraph 2 to be completed and to recover any
and all costs incurred in completing the work either by obtaining a money judgment against
Presbyterian Manor or by levying an assessment in the amount of such costs against the real
estate upon which the encroaching townhome unit and retaining wall are located.
5. Notices. Any notice to either party shall be sufficient if mailed by United States
mail, postage prepaid, at the following addresses:
City of Salina, Kansas
c/o City Clerk
P.O. Box 736
Salina, KS 67402-0736
Presbyterian Manors, Inc.
6525 East Mainsgate
Wichita, KS 67208-1440
6. Assignment. The assignment of any rights under this Agreement by Presbyterian
Manor shall be subject to the prior written consent of the City.
7. Binding Effect. This License Agreement shall be binding upon the parties, their
successors and authorized assigns.
Executed the day and year first above written.
CITY OF SALINA, KANSAS
ATTEST:
By: (J fi ;J /? //~
PeterF. Brung~
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By: 7,
illiam M. Ward, Jr., President
ATTEST:
By:&~~YaL_
Sherry K. czZle, Secretary
STATE OF KANSAS; COUNTY OF SALINE, SS:
On thisLt -It.. day of /!fv~", J;y, 1998, before me a Notary Public in and for ~aid state,
personally appeared Peter F. Brungardt, Mayor, and Judy D. Long, City Clerk, for the City of
Salina, Kansas, known to me to be the persons who executed the within License Agreement on
behalf of the City of Salina, and acknowledged to me that they executed the same for the pwposes
therein stated.
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......__~'f /~ /d/~
/ ~ Notary Public
My appointment expires: .h ~ 7'r.."l--c- 1'" -' / 7' ~ 7'
STATE OF KANSAS, COUNTY OF ~tb('''ll!t:1''~ SS:
On this \ ~\\\ day of N 0\1 't ""~lU 998, before me a Notary Public in and for said state,
personally appeared William M. Ward, Jr., President, and Sherry K. Cole, Secretary, of
Presbyterian Manors, Inc., known to me to be the person who executed the within License
Agreement and acknowledged to me that they executed the same for the pwposes therein stated on
behalf of Presbyterian Manors, Inc.,.
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. MI) ~ _ L1ill imtO.
Notary Public
My appointment expires: \..\"\\ Q~~ \ ~ I ':j \jG J
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'Arrowsl1oot Geomatics Inc.
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Detail of Retaining Wall and structure Encroachment
into Drainage Easement between Salina Presbyterian Manor Inc.
and the City of Salina, Kansas
West line, Salina Presbyterian Manor Inc. Addition
East line of Drinage Easement
as described in agreement between
Salina Presbyterian Manor Inc. and the
City of Salina, Kansas dated
January 23rd, 1984
111.78'
Retaining Wall
Corner of Encroaching Structure
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Scale ,. = 30'
89.15'
South line, Salina
Presbyterian Manor
Inc. Addition
59.04'
50'
Southwest corner, Lot One. Block One,
Replat of Salina Presbyterian Manor Inc.
Addition to the City of Salina, Kansas
_1
CRAWFORD STREET
Arrowaltoot Geomatics Inc.
21OW. -. 1ICIIXZ117 lIM.lNA,lC8 ero4ClNll7
1I1~ l'AX11SG7-11D
Exhibit A