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89-4129 K & C Inc IRB Warranty DeedKuhn -Con Printing — Salina, Kansas 1 1 1 RESOLUTION NUMBER 89-4129 A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK OF THE CITY OF SALINA, KANSAS, TO EXECUTE SPECIAL WARRANTY DEEDS CONVEYING TO K & C, INC., A KANSAS CORPORATION; GARY D. RAY, d/b/a RAKIN LAND & CATTLE COMPANY; MARKETAIDE, A PARTNERSHIP; KENNEDY, BERKLEY, YARNEVICH & WILLIAMSON, CHARTERED, A KANSAS PROFESSIONAL CORPORATION; AND HAMPTON, ROYCE, ENGLEMAN & NELSON, A PARTNERSHIP, CERTAIN REAL ESTATE AND FACILITY PURSUANT TO A LEASE DATED OCTOBER 1 1978. WHEREAS, on the 1st day of October, 1978, the City of Salina, Kansas, as the Landlord, entered into a Lease with K & C, Inc., a Kansas corporation_ , as Tenant, covering the following described real estate and facility, to wit: (a) The condominium unit described as Office Space 3, in a certain Declaration of Condominium Owners of the United Building, dated as of January 1, 1978, recorded in the office of the Register of Deeds of Saline County, Kansas, in Volume 118 of Miscellaneous at Pages 595 to 619, inclusive (hereinafter referred to as "Condominium Declaration"); and (b) The interest of the condominium unit in the improvements to be constructed in connection with such condominium units; and (c) The interest of the condominium unit in all equipment to be acquired. pursuant to Article IV hereof with the proceeds of the sale, of said Bonds for use in conjunction with such condominium unit; WHEREAS, Article XIV of said Lease Agreement grants the Tenant the option to purchase said real estate upon full compliance with the terms of the Lease, and WHEREAS, the Tenant has provided it's Notice of Election to Exercise Option to purchase dated September 24, 1989, giving notice of the current Lessees' election to exercise their option 'to purchase the revenue bond facility and authorizing the City of Salina to convey the Condominium Units as indicated on the Notice, SO NOW, THEREFORE Kansas: BE IT RESOLVED by the Governing Body of the City of Salina, Section 1. That the Mayor and City Clerk of the City of Salina, Kansas, are hereby authorized to execute Special Warranty Deeds to the above described real estate and facility in favor of K & C, Inc., a Kansas corporation; Gary D. Ray, d/b/a Rakin Land 8 Cattle Company; MarketAide, a partnership; Kennedy, Berkley, Yarnevich & Williamson, Chartered, a Kansas professional corporation; and Hampton, Royce, Engleman & Nelson, a partnership, pursuant to Article XIV of the Lease Agreement dated October 1, 1978. Section 2. That upon execution of the Deeds the City Attorney is instructed to deliver the deeds to counsel for the Lessees, upon their full compliance with all of the terms and conditions of that certain Lease Agreement dated October 1, 1978, including certification of payment in full of Salina, Kansas, United Building of Salina Industrial Revenue Bonds of 1978 by the City's fiscal agent, Bank IV Salina, N.A. Kinn -Con Priming — S,I,,,, Kansas Section 3. That this Resolution shall be in full force and effect from and after its adoption. Adopted by the Board of Commissioners and signed by the Mayor this 9th day of October, 1989. [SEAL] ATTEST: Jacque ine Shiever, City Clerk 7 1 1 J eph Warner, Mayor