harris/albers landfill agreementADDENDUM TO LEASE AGREEMENT
THIS ADDENDUM, made and entered into this 22nd day of Feb-
ruary, 1974, by and between MINOR HARRIS and BOB ALBERS, d/b/a
Lady Bird Landfill of Salina, Saline County, Kansas, hereinafter
referred to as the "Lessors" and the CITY OF SALINA, KANSAS, a
municipal corporation, hereinafter referred to as the "Lessee",
WITNESSETH:
WHEREAS, on the 15th day of January, 1974, the Lessors and
the Lessee entered into a Lease Agreement covering the following
described real estate, to wit:
Lots Six (6), Eight (8), Ten (10), Twelve (12), Fourteen
(14), Sixteen,(16), and Eighteen (18) on Third Street in
the Original Town of Salina, Saline County, Kansas; and
WHEREAS, the parties hereto desire to amend said lease in-
sofar as the same applies to the term and repairs to the improve-
ments located thereon.
NOW, THEREFORE, in consideration of the mutual covenants
herein contained the parties hereto mutually agree that the
Lease Agreement between the parties dated the 15th day of
January, 1974, is hereby amended to read as follows:
(1). That Paragraph (1), Term of Lease, is hereby amended
to read as follows:
(1). Term of Lease: This lease shall be for a term
of seven (7) years commencing on the 15th day of January,
1974, and terminating on the 14th day of January, 1981;
subject however, to the right of termination previously
provided.
(2). That Paragraph (3), Repairs to Improvements on
Premises, is hereby amended to read as follows:
(3). Repairs to Improvements on Premises:
(a). Roof: Lessee covenants that during the term of
this lease it will at its own expense properly care for
the demised premises and the appurtenances and suffer no
waste, make all repairs, structural and otherwise, necessary
to preserve the same in good order and condition, which re-
pairs shall be in a quality and class equal to the original
work. In addition to the normal repairs, Lessee agrees
that it will at the commencement of this lease make all
necessary repairs to the west section of the top main
deck, the lower northwest corner deck and lower southwest
deck of the roof which are presently needed; provided
however, that the Lessors will furnish all the 3/4 inch
plywood necessary to make such repairs.
(b). Floor Repairs: Lessee will provide all the
necessary materials, including concrete, re -enforcing
materials, fill sand and expansion joints material, and
the Lessors will provide all equipment, tools and labor
necessary for the proper installation of a six inch (6")
concrete floor in the west main section of the building.
(3). That all of the other terms, conditions and covenants
contained in the above mentioned original Lease Agreement are
hereby ratified and affirmed and made a part of this Addendum
by reference.
IN WITNESS WHEREOF, the respective parties have hereunto
caused this instrument to be executed all on the day and year
first above written.
ATTEST:
City Clerk
LADY BIRD LANDFILL
CITY OF SALINA
By
City Manager
r.
LEASE AGREEMENT
THIS LEASE AGREEMENT, made and entered into this 14th day
of January, 1974, by and between MINOR HARRIS and BOB ALBERS,
d/b/a LADY BIRD LANDFILL of Salina, Saline County, Kansas, herein-
after referred to as the "Lessors", and THE CITY OF SALINA, KANSAS,
a municipal corporation, hereinafter referred to as the "Lessee",
WITNESSETH:
That the Lessors in consideration of the rents, covenants,
agreements and conditions hereinafter stipulated to be paid and
performed by said Lessee do hereby let and lease unto said Lessee
the following described real estate, to wit:
Lots Six (6), Eight (8), Ten (10), Twelve (12), Fourteen
(14),.Sixteen (16) and Eighteen (18) on Third Street in
the Original Town of Salina, Saline County, Kansas
(commonly known as 401 North Third),
together with the appurtenances thereunto belonging, hereinafter
referred to as the "Premises".
(1). Term of Lease: The lease shall be for a term of five
(5) years commencing on the 15th day of January, 1974, subject
however, to the right of termination hereinafter provided.
(2). Rental: Lessee agrees to pay the Lessors a basic rental
for the leasing of the aforesaid premises a monthly sum which shall
be equal to one twelfth (1/12) of the taxes levied against the prop-
erty for the year in which the premises are used, which said rental
shall be due and payable annually on or before the 1st day of Dec-
ember of each lease year.
(3). Repairs to Improvements on Premises: Lessee covenants
that during the term of this lease it will at its own expense
properly care for the demised premises and appurtenances and
suffer no waste, make all repairs, structural and otherwise,
necessary to preserve the same in good order and condition, which
repairs shall be in quality and class equal to the original work.
In addition to normal repairs Lessee agrees that it will at the
commencement of this lease make all necessary repairs to the roof
which are presently needed; provided however, that the Lessors
will furnish all the 3/4 inch plywood necessary to make such
repairs.
(4). Improvements of Leased Premises: Lessee may make all
necessary modifications or remodel the premises in such a manner
as may be necessary to make the building suitable for the pur-
poses for which it will be used. All repairs and improvements
shall conform to existing building codes of the City of Salina,
Kansas.
(5). Ownership of Fixtures: It is understood and agreed
by and between the parties hereto that any improvements, fixtures
or equipment attached to the building or placed or installed on
or about the premises by the Lessee shall be considered as per-
sonal property and shall remain the property of the Lessee who
shall have the right to remove the same from the premises upon
the expiration of this lease so long as the removal does not
impair the structural feature of the improvements presently on
the leased premises and the Lessee returns the premises to sub-
stantially the same condition as the premises were in at the
commencement of this lease.
(6). Removal of Fixtures: That on or before the date of
expiration of this lease or any extension thereof, the Lessee
shall vacate the demised premises and remove its property there-
from and restore the premises to as good order and condition as
that existing upon the commencement of the term of this lease,
damage beyond the control of the Lessee and due to the fair wear
and tear excepted.
(7). Liability: Lessee agrees to secure and maintain
public liability insurance on the premises which will insure
against any liability which may arise as the result of injury
or accident on or about the premises. Lessee agrees to save
and hold the Lessors harmless from any claim for damages for
accidents or injuries on the premises which may be made by any
person or persons while said premises are occupied by the Lessee.
(8). Excavations: Lessors agree that they will fill,
compact, and level the excavations existing on the south side _
of the property and will remove all materials and equipment
presently stored on said site.
(9). Termination of Lease: The City shall have the option
to terminate this lease at any time by giving Lessor sixty (60)
days written notice of such termination.
(10). Insurance: Each of the parties hereto shall at their
own expense maintain such fire and extended coverage insurance
as they feel necessary to protect their own property or equip-
ment located on the said premises.
(11). Utilities: Lessee shall at its own expense obtain
and pay for all electricity, water, gas, sewer use fees or
other utilities used by it during the term of this lease or
any extensions thereof, including the cost of maintenance and
operation of said utility systems.
(12). Notices: All notices to be given pursuant to this
lease shall be addressed to the Lessors at 1200 East
Cloud, Salina, Kansas and to the Lessee at 300 West Ash,
Sa ina, Kansas, or as may rom time to time be directed by the
parties. Notice shall be deemed to have been duly given if and
when enclosed in a properly sealed envelope or wrapper addressed
as aforesaid and mailed by registered or certified mail with
postage prepaid.
This agreement shall be binding upon the successors, heirs,
executors and assigns of the respective parties to this agreement.
IN WITNESS WHEREOF, the parties have hereunto caused this
instrument to be executed all on the day and year first above
written.
ATTEST:
GfiyLfiyro^-�
City Clerk
M
CITY OF SALINA,/KANSAS
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