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Downtown Wall Repair WALL AGREEMENT AND COVENANTS This Agreement is entered into this day of , 1986, by and between the CITY OF SALINA (referred to as lithe City") and Kenneth C. Stephenson (referred to as lithe Owner"). 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 Propertyll shall refer to the following described real estate owned by the City of Salina: The North half (N !) of Lot 134 (One Hundred Thirty-Four) on Fifth Street, in the City of Salina, Saline County, Kansas (2). "0wner's Property" shall refer to the following described real estate owned by the Owner and located adjacent to the City's Property: South half (S t) of Lot One Hundred Thirty-Four (134) on Fifth Street, in the 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 By . Nye, City Manager OWNER ~4/ e C. Step enson . . STATE OF KANSAS, SALINE COUNTY, ss: "- BE IT REMEMBERED, that on this :'Y~' day of ~ht'(,.Qr~ ' 1986, before me, the undersigned, a notary public-rn and for-rhe co ty 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. - €t' NnT'~\~---- .- ".t',i;~ I'UL[IC _ ~I;'I"" ,.~ ~"::.~~ ~~,.,; Tyj"{/'l ~~".:'~;~:,i.;::,r:.a!;~~S ~'I"""",""',Y'J E:;:U, ,--" /' J.i '" ,.----"::-:- .\i'l Ex~ --L:I.2..~ --._-_._--_.~--- ~~ ~1.f'{~"\C.l'r~ o a u 1C STATE OF KANSAS, SALINE COUNTY, ss: \~,\ BE IT REMEMBERED, that on this <\~day of ~ti \mn.V-. , +98-6-, before me, the undersigned, a notary public 1n and for t~e courtty and state aforesaid, came Kenneth C. Stephenson 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. b~ .J:::1.... " ""]", ,"""'''',,,1'''''''' L'-,I",lllJ,;.c.:' CANDY SPOHN NOT ARY PUBLIC STATE OF KANSAS f')(PIRE5 ,..... \"'l:. ~~ClI, ~~ar~ ~'ti~~\~ ~.' ,il. ,....,...;. 'f l ACKNOWLEDGEMENT OF RECEIPT I, Kenneth C. Stephenson, acknowledge receipt of check number 64834 in the amount of $4,908.00 from the City of Salina for reimbursement of expenses for the Design Central wall. ~~ nnet C. Step enson Dated: ~ -:L 5"',- >';7 /