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License Agr Canopy StructureREBECCA SEEMAN RESISTER OF DEERS Cl SALINE COUNTY KANSAS /v Book: 115P Pae : 1590 Roceipt #: 41878 Total Fees: MA0 gages Recorded: 7 Date Recorded: 6%8/2007 Yt:Y:32 PM LICENSE AGREEMENT This License Agreement made this I S+ day of June, 2007, by and between the CITY OF SALINA, KANSAS, a municipal corporation (the "City") and WJKM, LLC, a Kansas Limited Liability Company, (the "Licensee"). RECITALS A. WJKM, LLC owns and occupies the property located on the following described real estate (the "Property"): Lot One Hundred Forty -Three (143) and the North half of Lot One Hundred Forty - Five (145) on Santa Fe Avenue in the Original Town of Salina, Saline County, Kansas, addressed as South Santa Fe Avenue. B. The above described property is seventy-five (75) feet wide and one hundred twenty (120) feet deep. The existing building extends to the abutting Santa Fe Avenue right-of-way. C. The Licensee wishes to construct a canopy structure consisting of a series of columns and roof overhang extending off of the west wall of the building which extends into the Santa Fe Avenue right-of-way to provide a covered entryway for clients and other guests using the west entrance to the office building (the "Improvement"). D. Construction of the above described Improvements can only be accomplished by spanning a portion of the public sidewalk abutting the building as depicted on the attached and incorporated Exhibit A. E. The City's Public Works Department has concluded that under the circumstances, allowing WJKM, LLC to construct the proposed Improvements in the proposed location will not interfere with the current public use of the Santa Fe Avenue right-of-way. THE PARTIES THEREFORE AGREE: 1. Grant. The City hereby grants a license (the "License") to the Licensee to construct and maintain a canopy structure (the "Improvement") over and across a public street right-of-way as depicted on Exhibit A (the "Right -of -Way"), for the purpose of providing weather protected shelter for pedestrians. 2. Use of Right -of -Way. In the use of the Right -of -Way under this License Agreement, the Licensee shall be subject to all rules, regulations, policies, resolutions, and ordinances now or hereafter adopted or promulgated by the City and shall be subject to all applicable laws, orders, rules, and regulations adopted by governmental bodies now or hereafter having jurisdiction. In addition, the Licensee shall be subject to all rules, regulations, policies, resolutions, and ordinances Book; 1,152 -Page: 1591 now or hereafter adopted or promulgated by the City relating to permits and fees, Fire Department access, sidewalk and pavement cuts, utility location, construction coordination, beautification, and other requirements and limitations on the use of the public right-of-way and shall comply with the following: a. The Licensee's use of the Right -of -Way shall in all matters be subordinate to the City's use of the Right -of -Way for any public purpose. The Licensee shall coordinate the placement of the canopy in a manner which minimizes adverse impact on public improvements, as reasonably determined by the City. Where placement is not otherwise regulated, the canopy shall be placed with adequate vertical and horizontal clearance from such public improvements so as not to impact or be impacted by such public improvement. b. All earth, materials, sidewalks, driveway approaches, paving, crossings, utilities, public improvements, or improvements of any kind injured or removed by the Licensee in its activities under this License Agreement shall be fully repaired or replaced promptly by the Licensee at their expense and to the reasonable satisfaction of the City or owner thereof C. All of the materials, plans, and construction of the canopy structure shall be approved by Building Official in accordance with the 2003 International Building Code (IBC). d. The Licensee shall keep and maintain accurate records and as -built drawings depicting accurate horizontal and vertical location of the Improvement as constructed or reconstructed in the Right -of -Way after the date hereof. e. Prior to construction of the proposed canopy in the Right -of -Way, the Licensee or their architect shall submit to the Building Official for approval, plans and specifications of the proposed installation. Such approval shall not be unreasonably withheld, delayed, or conditioned. f. The Licensee shall cooperate promptly and fully with the City and take all measures necessary to provide accurate and complete information regarding the nature and locations, both horizontal and vertical, of the Improvement located within the Right -of -Way when requested by the City or its authorized agents for a public project. Such location and identification shall be at the sole expense of the Licensee without expense to the City, its employees, agents or authorized contractors. The Licensee shall have a person familiar with the Improvement, who is responsible for timely satisfying information needs of the City and other users of the Right -of -Way. g. The Licensee shall promptly relocate or adjust the Improvement located in the Right -of -Way for any project planned or undertaken by the City or any governmental entity for construction, reconstruction, maintenance, or repair of public facilities or public improvements, or any other purpose of a public nature. Such relocation or adjustment shall be performed by the Licensee at its sole expense without expense to the City, its employees, -2- Book: 1152 mage: 1592 agents or authorized contractors and shall be specifically subject to rules and regulations of the City not inconsistent with this License Agreement pertaining to such. h. It shall be the sole responsibility of the Licensee to take adequate measures to protect and defend the Improvement in the Right -of -Way from harm or damage. If the Licensee fail to accurately or timely locate the Improvement when requested, they will have no claim for costs or damages against the City and its authorized contractors or any other party authorized to be in the Right -of -Way unless such party is solely responsible for the harm or damage by its negligence or intentional conduct. i. The Licensee shall notify the City not less than three (3) working days in advance of any construction, reconstruction, repair, or relocation of the Improvement which would require closure of the sidewalk. The City shall follow its policies in the grant or denial of such sidewalk closure, which shall not be unreasonably delayed. In addition, all work performed in the traveled way on Santa Fe or which in any way impacts vehicular or pedestrian traffic shall be properly signed, barricaded, and otherwise protected. Such signing shall be in conformance with the latest edition of the Federal Highway Administration's Standards and Guideline for Work Zone Traffic Control j. All technical standards governing construction, reconstruction, installation, operation, testing, use, maintenance, and dismantling of the Improvement in the Right -of - Way shall be in accordance with applicable present and future federal, state, and City law and regulation, including but not limited to the most recent editions of the National Electrical Code, the National Electrical Safety Code and the Fiber Optic Line Installation Standard of the Telecommunications Industry Committee, or such substantive equivalents as may hereafter be adopted or promulgated. It is understood that the standards established in this paragraph are minimum standards and the requirements established or referenced in this ordinance may be additional to or stricter than such minimum standards. 3. Title. By granting this license the City does not warrant title to or the right to possess and occupy the Right -of -Way. In the event that it is determined that the City is not entitled to possess and utilize the Right -of -Way, this License Agreement shall terminate and the Licensee shall quit and surrender its use of the Improvement in the Right -of -Way in compliance with this License Agreement. 4. Breach of License Agreement. In the event that the Licensee uses the Improvement for any purpose other than that specifically authorized under this License Agreement, all rights granted hereunder to the Licensee shall immediately cease as if never granted and the Licensee shall immediately quit and surrender its use of the Improvement in the Right -of -Way. In the event that the Licensee shall fail to comply with any other substantial term, condition or covenant of this License Agreement within ten (10) days after written notice to do so has been mailed to it by the City, or in the event the Licensee abandons its authorized use of the Right -of -Way, any such event shall be deemed an immediate breach and forfeiture of the License Agreement which shall then terminate. Upon such termination of this license, the Licensee will quit and surrender their use and dismantle the Improvement in the Right -of -Way in compliance with the terms of this License Agreement. -3- Book: 1152 Page 1593 5. Term. The License shall commence upon execution of this License Agreement and shall continue until the earlier of: a. The Licensee's discontinuation of its authorized use of the Right -of -Way; b. Notification of the Licensee by the City that the public interest is best served by the use of the Right -of -Way in a manner in conflict with the License, and that the License shall terminate no less than 90 days following such notice; or C. Termination of the License pursuant to paragraph 7 above. 6. Removal of Improvement. Upon termination of this License Agreement, the Licensee shall have the right to remove the Improvement within a reasonable time, not to exceed one hundred twenty (120) days. In the event the Licensee chooses to exercise the right to remove the Improvement, it shall within the permitted time period restore the Right -of -Way from which the Improvement is removed to as good a condition as existed prior to the removal. In the event the Licensee should exercise its right to remove the Improvement but fail to properly restore the Right - of -Way, the City shall have the right to cause the Right -of -Way to be restored and to charge any reasonable costs associated therewith to the Licensee. 7. Notices. Any notice to either party hereunder 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 WJKM, LLC 213 S. Santa Fe Avenue Salina, KS 67401 8. Invalidity in Part. If any clause, sentence, or paragraph of this License Agreement shall be held to be invalid, it shall not affect the validity of the remaining provisions of this License Agreement. 9. Bindina Effect. This License Agreement shall be binding upon the parties, their heirs and assigns, and shall be binding upon and run with the Land described in Recital A. of this agreement. 0 EXECUTED the day and year first above stated. ATTEST: qau� Lu� Lieu Ann Elsey, CMC, City derk Back. 1152 Page: 1594 CITY OF SALINA, KANSAS Alan E. Jilka, Mayor WJKM, LLC -5- /V l Norman R. Kel , Member R".Ma�n-,-AeL—mbe—r Book: 1152 Page: 1595 STATE OF KANSAS COUNTY OF SALINE, SS: On this S! day of June, 2007, before me a Notary Public in and for said state, personally appeared Alan E. Jilka, Mayor of the City of Salina, Kansas and Lieu Ann Elsey, CMC, City Clerk for the City of Salina, Kansas, known to me to be the persons who executed the within License Agreement and acknowledged to me that they executed the same for the purposes therein stated on behalf of the City of Salina, Kansas. LaDONNA BENNETT Notary Public- State of Kansas My Appt. Expires October 23, ( Notary Public STATE OF KANSAS COUNTY OF SALINE, SS: On this 15+ day of June, 2007, before me a Notary Public in and for said state, personally appeared Kenneth W. Wasserman, Robert S. Jones, Norman R. Kelly and Robert A. Martin, Members of WJKM, LLC, known to me to be the persons who executed the within License Agreement and acknowledged to me that they executed the same for the purposes therein stated. 'a�:�'• MELISSA K. SORELL OFFICIAL _ MY COMMISSION EXPIRES "'. sena • y_ May 22, 2010 Notary 1ubn :yam IM Certificate of Survey for Building Permit Lot 143 & N 1/2 of 145 on Santa Fe Avenue X Original Town of Salina, KS Legend 1 "=20' M Measured Distance P Platted Distance 20 0 20 D Described Distance Light Pole Water Corp Stop ® Water Meter +99.0 Spot Elevation on Existing Pavement C3 Deciduous Tree —uE— Underground Electric Lines —w— Underground Water Underground Water �xrcouorete 1 o Buildin Comer-- Property Comer Legal Description (Proposed Easement) A parcel of land located in Santa Fe Avenue right-of-way adjoining Lots 143 and 145 on Santa Fe Avenue, Original Town of Salina, Saline County, Kansas, more particularly described as follows: Commencing at the Northwest comer of said Lot 143; thence on an assumed bearing of S 00°00'00" E along the West line of said Lot 143 a distance of 40.10 feet to the POINT OF BEGINNING of the parcel to be described; - thence continuing S 00°00'00" E along said Lots 143 and 145 a distance of 23.00 feet; - thence N 90°00'00" W a distance of 12.00 feet; - thence N 00°00100" E a distance of 23.00 feet; - thence N 90°00'00" E a distance of 12.00 feet to the POINT OF BEGINNING; Said parcel contains 276 square feet, more or less, and is subject to easements, reservations and restrictions of record. Landmark EXHIBIT A SURVEYING & MAPPING INC. Member Kansas Societyof Land Surveyors Office: (785) 263-2625 Fax: (785) 263-1580 301 North Broadway, P.O. Box 97 Abilene, Kansas 67410 Note 1)Basis of Bearings: Assumed N 00100100" E along the West line of Lot 143 and 145 on Santa Fe Ave, Original Town. 2)Monuments found have an unknown origin unless noted otherwise. 3)Per "Kansas Minimum Standards for Boundary Surveys"; all easements evidenced by a record document, which were provided at the time of this survey, were shown. No such documentation or title work were provided. 4)Landmark Surveying & Mapping, Inc. is not to be held liable for any utilities shown or not shown. Other utilities may exist. 5)Per client request only the property line and topography on the West side was surveyed LICENSED AREA Existing•Building Front 213 S. Santa Fe Salina, KS LOT 143 LOT 145 Assumed 100.00 on the Finished Floor at the South most entrance. 120.00' (P) Legal Description (Whole Property - Book 1048, Page 1142) 0 h N Lot One Hundred Forty-three (143) and the North Half (N/2) of Lot One Hundred Forty-five (145) on Santa Fe Avenue, Original Town of Salina, Saline County, Kansas. Surveyor's Certificate I, the undersigned, a Registered Land Surveyor in the State of Kansas, do hereby certify that the above plat and description were performed under my supervision and are in conformance with Kansas "Minimum Standards for Boundary Surveys." Date of Sxrvev--�- My 17 7nm ��Y- #1201 PERMIT NUMBS 0-14k Date Received—R-1 Project #: 07-5038 Date 5/23/2007 Drawn By: TPJ Client: Jones - Gillam, Architects If this document does not have an original seal1. and the signature of the surveyor isnot in blue ink, it is a copy, and may contain alterations. a Crvj C1trk- C,.Y-,�y