Facade Improvement License Agreement' ,� -•.• REBECCA SEEMAN
� �••-`•• hd'� EGISTER OF DEEDS SALINE COUNTY KANSAS
�..�°,eTF�• Book: 1210 Page: 1145
'`• oEEoe. Receipt u: 63024 Recording Fee: 032.00
Pegae Recorded: 7Cfi
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Date Recorded: 4/21/2010 819:35 AM
Grantor
Grantee
Type of Document
License Agreement
Recordinq Fees
$32.00
Mtg Reg Tax
$0.00
Total Amount
$32.00
Return Address ROOM 206
CINDY.
Books 1219 Page: 1146
LICENSE AGREEMENT
This License Agreement made this 13f�: day of April, 2010, by and between the CITY OF
SALINA, KANSAS, a municipal corporation (the "City") and MIKE WALKER, (the "Licensee").
RECITALS
A. Mike Walker owns the property located on the following described real estate (the
"Property"):
The North Twenty-four (24) feet of the South half (S %) of Lot 90 (90) on Santa Fe
Avenue in the Original Town of Salina, Saline County, Kansas, addressed as 137
North Santa Fe Avenue.
B. The above described property is twenty-four (24) 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 new brick fagade over the existing building
fagade of the east wall of the building which extends into the Santa Fe Avenue right-of-way to
improve the exterior appearance of the building and the streetscape on Santa Fe. (the
"Improvement").
D. Construction of the above described Improvements can only be accomplished by
encroaching into 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 Mr. Walker 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 new brick and stone veneer on the east exterior of the building (the "Improvement") in
to a public street right-of-way as depicted on Exhibit A (the "Right -of -Way), for the purpose of
improving the building's exterior appearance and extending the useful life of the building.
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: 121% Page: 1147
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 facade material in a manner which minimizes adverse impact on public
improvements, as reasonably determined by the City. Where placement is not otherwise
regulated, the brick and stone veneer 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 facade material 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 brick and stone veneer 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
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Book: 121% Page: 1148
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.
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
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Books 121% Paget 114S
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;
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
Mike Walker
1905 E. Iron Avenue
Salina, KS 67401
8. Invalidi , 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
heirs and assigns, and shall be binding upon and run with the Land described in Recital A. of this
agreement.
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EXECUTED the day and year first above stated.
ATTEST:
Lieu Ann Elsey, CMC, Cite Clerk
Book % 121% Page: 1159
CITY OF SALIVA, KANSAS
L u 6 � "M; rn,
Mike Walker
Mike Walker
STATE OF KANSAS COUNTY OF SALINE, SS:
On this ICS day of April, 2010, before me a Notary Public in and for said state,
personally appeared M. Luci Larson, 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.
Z
SHANDI L. WICKS Notary Public - State of Kansas
My Appt. Expires N ay public
STATE OF KANSAS COUNTY OF SALINE, SS:
On this:� day of April, 2010, before me a Notary Public in and for said state,
personally appeared Mike Walker, known to me to be the person who executed the within License
Agreement and acknowledged to me that they executed the same for the purposes therein stated.
PAT HECKERC
46 Notary Public -State I
Kansas Notary Public
My Appt. Expireslhd 1,
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