Awning License AgreementLICENSE AGREEMENT
This License Agreement made this l qday of November, 2007, by and between the
CITY OF SALINA, KANSAS, a municipal corporation (the "City") and Lonnie D. Wilson, as
trustee of Lonnie D. Wilson Revocable Trust dated March 27, 1991, (the "Licensee").
RECITALS
A. The Lonnie D. Wilson Revocable Trust owns the property located on the following
described real estate (the "Property"):
The North Half (N ''/2) of Lot Eleven (It), all of Lot Thirteen (13), and that part of
Lot Fifteen (15) lying South of the Missouri Pacific right-of-way all on Thirteenth
Street in Weaver's Second (2nd) Addition to the City of Salina, Saline County,
Kansas, addressed as 713-721 Bishop Street.
B. The above described property is one hundred forty-two (142) feet wide and ninety-
seven (97) feet deep. The existing building on the property extends to the abutting Bishop Street
and North 13`h Street right-of-way.
C. The Licensee wishes to erect an awning structure extending off of the north and
west walls of the building which would extend into the abutting Bishop and N. 13th Street right-of-
way to provide a covered entryway for customers using the north and west entrances to the 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 the Lonnie D. Wilson Revocable Trust to construct the proposed Improvements in the
proposed location will not interfere with the current public use of the Bishop Street or North 13th
Street right-of-way.
THE PARTIES THEREFORE AGREE:
1. Grant. The City hereby grants a license (the "License") to the Licensee to construct and
maintain an awning structure (the "Improvement") over and across a public sidewalk as depicted on
Exhibit A (the "Right -of -Way'), for the purpose of providing weather protected shelter for
pedestrians.
,. ,, • REBECCA SEEMAN
11—,
-` . `\REGISTER OF DEEDS SALINE COUNTY KANSAS
Book: 1163 Page: 736
Receip/ t e; 45577 Recording Fee: 132.00
Pegea Recorded; 7 412. _10, MJ
Date Recorded: 11/29/2007 3:27:13 PM
J
Book: 1163 Page% 737
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
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 awning in a manner which minimizes adverse impact on public
improvements, as reasonably determined by the City. The proposed awning shall extend no
farther than six and one-half (6 %) feet over public property and must be a minimum of
eight (8) feet above the sidewalk.
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. 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.
d. 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.
e. 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,
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.
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Book% 1163 Page: 739
f 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 Bishop 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. .
g. 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.
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;
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Book% 1163 Page: 733
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
Lonnie D. Wilson.
P.O. Box 1305
Salina, KS 67402-1305
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. Binding Effect. This License Agreement shall be binding upon the parties, their
successors, heirs and assigns, and shall be binding upon and run with the Land described in Recital
A. of this agreement.
lie
EXECUTED the day and year first above stated.
ATTEST:
Lieu Ann Elsey, CMC, City Cl k
Book% 1153 Page% 740
CITY OF SALINA, KANSAS
By: l iif
Alan E. Jilka, 6.
LONNIE D. WILSON REVOCABLE TRUST
DATED MARCH 27, 1991
By�Lonni D. Wilson, Trustee
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Book% 1153 Page% 741
STATE OF KANSAS COUNTY OF SALINE, SS:
On this P of day of November, 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.
LAURIE AS
CHE Notary Public
Notary �ubli -State of Kansas
MYAPPt. Expires G l
STATE OF KANSAS COUNTY OF SALINE, SS:
On this eWday of November, 2007, before me a Notary Public in and for said state,
personally appeared Lonnie D. Wilson, as trustee of the Lonnie D. Wilson Revocable Trust dated
March 27, 1991, 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.
Notal p 61R�EASCHE
h1ygpPt Ezp,res (� S to of Kansas
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Notary Public
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�6Exhibit A
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