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License Agreement - Awning :J r ~ /--~~<:--~-~--- REBECCA SEEMAN--~-~u_---- ---', ~~,~'''''~~''~\REGISTER OF DEEDS SALINE COUNTY KANSAS ' (:7~~:~8:~~Y"\ Book: 1211 Page: 1069' : ., ! lit 1 . .' .\.. UO'/_ i Rec8lpt -: 61795 C..r Recording Fee: .32.00 ' ...: .t.............. ~ Page. Record.d: 7 r~ IL u_...D : ,~~..... rw.w.a:D- .I&>~ Date Recorded: 7/11/2010 B:11:16 AM t- \~ ) --'~_. --~ --~_._--' LICENSE AGREEMENT This License Agreement entered into this ~~y of June, 2010, by and between the CITY OF SALINA, KANSAS, a municipal corporation (the "City") and Charles E. Livingston, as Trustee of the Charles E. Livingston Trust dated April 13, 2001, (the "Licensee"). RECITALS A. The Charles E. Livingston Trust owns the property located on the following described real estate (the "Property"): Lot One Hundred Two (102) on Santa Fe Avenue, in the Original Town (now City) of Salina, Saline County, Kansas (more commonly referred to as 113 - 115 North Santa Fe Avenue). B. The above described property is fifty (50) feet wide and one hundred twenty (120) feet deep. The existing building on the property extends to the abutting North Santa Fe Avenue and rear alley right-of-way and is located in the C-4 (Central Business District). C. The existing building is divided into two (2) tenant spaces addressed as 113 and 115 North Santa Fe Avenue. D. The Licensee wishes to erect an awning structure extending off of the west wall of the building which would extend into and over the public alley right-of-way to provide a covered entryway for customers using the entrance to the south tenant space in the build,ing and to provide identification signage for building tenant (the "Improvement"). . E. Construction of the above described Improvements can only be accomplished by spanning a portion of the public alley abutting the building as depicted on the attached and incorporated Exhibit A. , F. The City staff has concluded that under the circumstances, allowing the Charles E. Livingston Trust to construct the proposed Improvements in the proposed location will not interfere with the current public use of the alley right-of-way because this section of alleyway is not open to vehicular traffic and the awning is designed to be retractable. I I Book: 1214 Page: 1070 ~ 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 alley as depicted on Exhibit A (the "Right-of-Way"), for the purpose of providing weather protected shelter for pedestrians and to provide identification signage for building tenants. 2. Use of Right-of-Wav. 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 five (5) feet over public property and must be a minimum of eight (8) feet above the alley. 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 materials, plans, and installation of the Improvement shall be in accordance with the plans approved by the Downtown Design Review Board. Licensee or their contractor shall provide the City all required plans relating to installation of the Improvement. City reserves the right to request adjustments to the plans approved by Design Review Board if City determines there are potential conflicts with the public use of the alley. 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. 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 -2- , , Book: 1214 Page: 1071 (~ the Improvementt who is responsible for timely satisfying information needs of the City and other users of the Right-of-Way. f. 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 constructiont reconstruction, maintenancet 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 their 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. g. The Licensee shall notify the City not less than three (3) working days in advance of any construction, reconstructiont repair, or relocation of the Improvement which would require closure of the alley. The City shall follow its policies in the grant or denial of such alley closuret which shall not be unreasonably delayed. In addition, all work performed in the traveled way in the adjacent public parking lot 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. 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 abandon their 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 its 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; -3- , , Book: 1214 Page: 1872 ,~ 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 their 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 CharlesE.Living&on PO Box 3493 Salina, KS 67402-3493 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. -4- , . Book: 1214 Page: 1873 "'.( EXECUTED the day and year first above stated. CITY OF SALINA, KANSAS ~: JG~;~~ ATTEST: ~. Lieu Ann Elsey, C~~ CHARLES E. LIVINGSTON TRUST DATED APRIL 13,2001 -5- o. Book: 1214 Page: 1874 '. STATE OF KANSAS COUNTY OF SALINE, SS: On this ~~~y of June, 2010, before me a Notary Public in and for said state, personally appeared Aaron G. Peck, 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. STATE OF KANSAS COUNTY OF SALINE, SS: On this'ZMt1 day of June, 2010, before me a Notary Public in and for said state, personally appeared Charles E. Livingston as trustee of Charles E. Livingston Trust dated April 13, 2001 known to me to be the persons who executed the within License Agreement and acknowledged to me that he executed the same for the purposes therein stated on behalf of the Trust. -6- II ~! q::: ~: . II ~: .l: ~. " " " II II II II II " " II II ============;. == ====== II :~ " II II II " " tJ: ~: ::::. II c.q: " " II S, 71tH S T. " " " II I PARKING LOT ~ PARKING LOT ~, s: ~ " -.~:"':""7f"J!'lt w. tP - ~~ ~:..,~ 0n ~{p,; ;]1 'cd ,", .... .... ~";l .i.'......O'U J-: (/) . W ~ W LL <C I- Z <C en . z . . .7:'..::ti-N:'---"~jif'3~~::':'--,---,; I ~. .. /(/7) !II. S,,'UFI. "..,u.s.s-' ""F" r'" ~ ~ _ ~c. ....!'"L ':,- ..Lv. 4'_1 ~ c.6. .. I -zo. Bj?ire-n.L ~,~ _ ,!:~~c_ ~J'-.e' CONe;. Ft.. WOOO TRUSS I v: 4. 'I A'" rURN'c fl" .1 an. . ~I " , 'l ~ i'~' ~ PARKING LOT ~ SUBJECT PROPERTY .'<) ~ ~ ~ fOf CANOPY . LOCATION / ~ s. o Oc::J D IRON POSTS ~ f~ V. 6' I 8RN/(. ti PRINTING BST: OFF. ; ELEe. POWI!I!/. s:? I 0 !fJ . aN. IRON AV. Book: 1214:Page: 1075, I.,('~:"jj , I J I I f)