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downtown renovation 4/28/1986PER WILDS f M1111 CONSULTING ENGINEERS, PLANNERS B ARCHITECTS 609 W. NORTH ST., P.O. BOX 1517. SALINA KANSAS 67402 1517 • 913/827.3603 PARTNERS Jame D. Bucher, PE. AICP, Refired Shelby K. Willa, PE William R. Ratliff, PE G. Harold Le chem, PE Key C. Bloom, PE Stephen L. Jennings. PE Reymond E. Lantana. PE Raymond L. Voakamp, Jr.. AIA Jame p Ray Lams, PE Jon H. Meulengmcht. AICP Jimmy H.C. Lin, PE James R. Swanson. PE Stew D. Cats, PE R. Dayid Miller, PE Mr. Rufus Nye City Manager City of Salina P.O. Box 746 Salina, Kansas 67402-0746 Dear Mr. Nye: In recent weeks, we have participated in discussions with you and representatives of the City Engineering Department regarding the structural stability of improvements on properties adjacent to properties acquired by the City in connection with the Downtown Renovation Project now in progress. While we are laymen to the legal profession, it is inconceivable to us that the City has an obligation to provide vertical or horizontal support to improvements on adjacent properties. If such is the case, then it would seem that the previous owners of those properties you have acquired should have been compensated for providing such support. As tax payers in Salina, we object to any public funds being expended for the purpose of providing such structural support to adjacent improvements. It is our desire to perform professional engineering and architectural services for the City of Salina. The services of our firm have always been available to any public or private clients who desired to use them. However, in this instance, we will not perform structural engineering services to design measures for providing horizontal or vertical support to these adjacent improvements unless we can be relieved of all liability from all parties involved. Enclosed is a Release of Liability document which we request be executed by the designated parties and filed with the appropriate office in Saline County. We regret that we have to ask for such protection, but, in recent years and at present, we find ourselves in a litigation prone society. Under these circumstances, we are not willing to obligate our firm to unnecessary expense and liability. We request release from the City of all sums, including the cost of defense, over and above the amount of any compen- sation we receive from the City for the performance of these services. We SALINA, KS 0 KANSAS CITY, MO a HAYS, KS 0 MOUNT PLEASANT, TX a AURORA, IL a TYLER, TX ASSOCIATES: GmeW H. shamming, PE SALINA, KANSAS Mark D. Boyar, LS Robert K. Lehman, CPG William D. Streit, AICP Keith Lassman, CP Kenneth J. Tumor, LS Eyemn N. Haden, AIA Roger L. Emotions, LS Stephen G. Lama, AICP April 28, 1986 Sam G. H.Wimen, PE Donald L. Klapmeyr, PE Thomas E. McMahon, PE In recent weeks, we have participated in discussions with you and representatives of the City Engineering Department regarding the structural stability of improvements on properties adjacent to properties acquired by the City in connection with the Downtown Renovation Project now in progress. While we are laymen to the legal profession, it is inconceivable to us that the City has an obligation to provide vertical or horizontal support to improvements on adjacent properties. If such is the case, then it would seem that the previous owners of those properties you have acquired should have been compensated for providing such support. As tax payers in Salina, we object to any public funds being expended for the purpose of providing such structural support to adjacent improvements. It is our desire to perform professional engineering and architectural services for the City of Salina. The services of our firm have always been available to any public or private clients who desired to use them. However, in this instance, we will not perform structural engineering services to design measures for providing horizontal or vertical support to these adjacent improvements unless we can be relieved of all liability from all parties involved. Enclosed is a Release of Liability document which we request be executed by the designated parties and filed with the appropriate office in Saline County. We regret that we have to ask for such protection, but, in recent years and at present, we find ourselves in a litigation prone society. Under these circumstances, we are not willing to obligate our firm to unnecessary expense and liability. We request release from the City of all sums, including the cost of defense, over and above the amount of any compen- sation we receive from the City for the performance of these services. We SALINA, KS 0 KANSAS CITY, MO a HAYS, KS 0 MOUNT PLEASANT, TX a AURORA, IL a TYLER, TX Mr. Rufus Nye City Manager City of Salina April 28, 1986 Page Two request a complete release from adjacent property owners for any expenses or liability whatsoever in connection with these services. We do not plan to proceed further until the enclosed documents are executed. In the event one or more of the parties decline to grant our release of liability, we will withdraw from this assignment and will not charge the City for the time spent to date. Sincerely, BUMWILLIS h RAATTLIFF'A / x' L(O/ Shelby � His, P.E. SRW/r Encl. cc: Rodney G. Nitz Laurin W. Schutter RELEASE OF LIABILITY The parties to this document are the City of Salina, Kansas, party of the first part and hereinafter referred to as the "CITY"; the partnership of Nitz S Schutter and the individuals Rodney G. Nitz and Laurin W. Schutter, parties of the second part and hereinafter referred to as "OWNERS"; and Bucher, Willis b Ratliff, Consulting Engineers, Planners S Architects, party of the third part and hereinafter referred to as the "ENGINEER". WHEREAS, the City purchased a parcel of land with improvements adjacent to land and improvements owned by the Owner, and WHEREAS, the City has demolished and removed the improvements on the property purchased by the City and is considering measures to provide horizontal and vertical support to portions of the improvements on the land of the Owner, and WHEREAS, the City plans to engage the services of the Engineer to design and, if they proceed to construction, to inspect the construction of the structural modifications to provide partial support of portions of the Owner's improvements, NOW, THEREFORE, in view of these premises, it is mutually agreed by all of the parties hereto that the City releases the Engineer's professional liability for negligence or breach of warranty in the preparation of design and drawings, the designation and selection of materials, the selection and supervision of Project Representatives and other personnel, or the performance of any other services in connection with the subject of this document, over and above the amount of the total compensation received by the Engineer for services rendered in connection herewith. The City agrees to defend and hold the Engineer harmless from any and all claims, losses, or suit for injuries, death, or damages and from all liens, losses, expenses or claims of any sort in excess of the amount of said compensation which may arise out of or result from the Engineer's performance of the work. FURTHERMORE, it is mutually agreed by all of the parties hereto that the Owner releases the Engineer from professional liability for negligence, or breach of warranty in the preparation of design and drawings, the designation and selection of materials, the selection and supervision of Project.Representatives and other personnel, or the performance of any other services in connection herewith, now or in the future. The Owner agrees to defend and hold the Engineer harmless from any and all claims, losses, or suit from injuries, death, or damage and from all liens, losses, expenses, or claims of any sort which may arise out of or result from the Engineer's performance of the work. I 1. This release of liability shall be binding upon the parties, their successors and assigns, after it has been duly executed. IN WITNESS WHEREOF, the City by and through its Mayor or his representative, the Owners by each of them, and the Engineer by their authorized Partner have hereunto subscribed their names this day of 1986. CITY: CITY OF SALINA, KANSAS By Mayor OWNER: RODNEY G. NITZ LAURIN W. SCHUTTER ENGINEER: BUCHER, WILLIS 6 RATLIFF, Consulting Engineers, Planners b Architects By. Founding Partner