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parking lot 5 1984CITY OF SALINA City Clerk's Office — Box 746 — Salina, Kansas 67401 i August 29, 1983 TO: Development Consultants P.O. Box 1654 Salina, KS 67402-1654 Make all Checks Payable to City of Salina License Agreement dated May 4, 1981 Expired July 1, 1983 $250.00 per year RECEIVED AUG 311983 August 31, 1983 Mr. Don Harris Salina..City Clerk 300 W. Ash Salina, KS 67401 Dear Don: DCI DEVELOPMENT CONSULTANTS, INC. 3Z7 S. 5th St. P.O. Box 1626 SALINA, KANSAS 913/823-6235 Since we are no longer the owner of the building on 5th Street which pertains to this agreement, I am requesting that it be cancelled. I have also discussed the agreement with the new owners and they do not wich to retain the right to the parking spaces. Thank You James C. Maes Vice—President JCM:cg v M 00 o N }>q Z 9 LL 1 o E510c � o O o o 'o 0 u' v M 00 o N }>q Z r LICENSE THIS LICENSE AGREEMENT Made and entered into this 4th day of May 1 1981, by and between the City of Salina, Kansas, a municipal corporation, hereinafter referred to as "Licensor", and Development Consultants, Inc., a Kansas corporation with its registered office at Salina, Kansas, hereinafter referred to as "Licensee". WITNESSETH: WHEREAS, Licensee is the owner of the South Six Inches (S6") of Lot One Hundred Twenty -Three (123) and the owner of Lot One Hundred Twenty -Five (125), all on Fifth Street, Original Townsite, Salina, Saline County, Kansas, on which is located a building commonly known as 133-135 South Fifth Street, Salina, Kansas; and WHEREAS, Licensor is the owner of a public parking lot (designated as Parking Lot No. 5 by the\Licensor) which is in part located on Lot One Hundred Twenty -Three (123) on Fifth Street, Original Townsite, Salina, Saline County, Kansas, and which adjoins the above described real estate owned by Licensee; and WHEREAS, a building is located on the above described real estate owned by the Licensee and the Licensee desires to remodel and rehabilitate said building in accordance with certain plans and specifications, copies of which have heretofore been furnished the Licensor, and in connection therewith desires to obtain an exclusive license for the considerations and upon the terms and conditions hereinafter set forth, to use a minor portion of said Parking Lot No. 5 of the Licensor for purposes of accommodating access to and from said building on the north side thereof and for aesthetic purposes and purposes of beautifying and improving said Parking Lot No. 5 and the area immediately surrounding the entrance to said building located on the above described real estate owned by Licensee; and WHEREAS, the Licensor has determined that if the two parking spaces hereinafter described which constitute a portion of the real estate covered by this License Agreement are not used for parking purposes, there would still remain adequate public parking spaces for downtown Salina, Kansas; that said two parking spaces which will not be available for use as public parking spaces by reason of this License Agreement are no longer needed for use as public parking spaces in downtown Salina, Kansas; and that it is in the best interests of the City of Salina, Kansas, to enter into this License Agreement on account of the considerations to be paid hereunder by the Licensee and on account of the beautification and aesthetic improvement to said Parking Lot No. 5 and the area in general by reason of the covenants and agreements of the Licensee set forth herein, and for other reasons: NOW, THEREFORE, in consideration of the foregoing and the mutual covenants hereinafter set forth, the parties hereto hereby agree as follows: 1. Licensor hereby grants unto Licensee the exclusive right and privilege to use during the term of this License Agreement, those portions of said Parking Lot No. 5 located on Lot 123 on Fifth Street, Original Townsite, Salina, - 1 - Saline County, Kansas, which are outlined in red on the plans and specifications, a copy of which is attached hereto as Exhibit "A" and by reference made a part hereof, but only for the following purposes: (a) The use of the same for pedestrian access from the building of the Licensee located upon the South Six Inches (S6") of Lot One Hundred Twenty -Three (123) and all of Lot One Hundred Twenty -Five (125), all on Fifth Street, Original Townsite, Salina, Saline County, Kansas, onto said Parking Lot No. 5 and for pedestrian access from said Parking Lot No. 5 into said building owned by the Licensee, but under no circumstances shall said areas be used for motor vehicle access between said Parking Lot No. 5 and said building owned by the Licensee; and (b) Removing existing pavement, concrete and other materials and beautifying, landscaping and aestheti- cally improving the portions of said Parking Lot No. 5 covered hereby which are located on Lot 123 on Fifth Street, Original Townsite, Salina, Saline County, Kansas; and (c) Such other purposes as may from time to time be agreed upon in writing by the Licensor and Licensee during the term of this License Agreement. 2. Licensee hereby covenants and agrees that it shall, at its own cost and expense, improve, landscape and beautify the areas covered by this License Agreement in accordance with the plans and specifications, a copy of which is attached hereto as Exhibit "A" and by reference made a part hereof. Such improvements shall be made by Licensee as soon as is reasonably possible in a time and manner reasonably consistent with the remodeling and rehabilitation of said building owned by Licensee, but in any event no later than April 15, 1983. 3, Licensee hereby covenants and agrees that during the term of this License Agreement, it shall at its own cost and expense, repair and maintain the improvements to be made by Licensee upon the real estate covered by this License Agreement, including but not limited to all walkways, trees, plants, and other landscaping accessories and the like which are now or hereafter located thereon, in such manner as may be necessary so that such improvements are aesthetically pleasing. 4. This License Agreement shall remain in full force and effect during the period commencing on the date hereof and ending on June 30, 2006; provided, however, notwith- standing the foregoing, this License Agreement shall termi- nate upon the occurrence of either of the following events: (a) If Licensee commits a material breach hereof or a material default hereunder, and if such breach or default is not cured by Licensee at its sole cost and expense within a period of thirty (30) days after receipt of written notice given by Licensor to Licensee specifying such breach or default; or (b) At the will of Licensee, in which event Licensee shall give Licensor written notice of the election of Licensee to terminate this License Agreement and this License Agreement shall thereupon terminate on the effective date of termination set forth therein. - 2 - Upon termination of this License Agreement, Licensee shall yield up and deliver the premises covered hereby to Licensor and Licensee shall have no further interest hereunder or in the premises covered hereby. In the event this License Agreement is terminated hereunder prior to June 30, 2006, then Licensor shall not be required to repay to Licensee any portion of the fee paid hereunder described in Paragraph 5 hereof which is attributable to the annual period during which this License Agreement is terminated. Upon termina- tion, Licensee shall, at the option of Licensor, restore the premises covered hereby to substantially the same condition (suitable for public parking spaces) as they are on the date hereof. 5. In addition to the other covenants and agreements of the Licensee set forth herein, Licensee hereby agrees to pay to Licensor the following fees: (a) • For the period commencing on the date hereof and ending on June 30, 1982, the sum of $ 250.00 which shall be paid by Licensee to Licensor on or before July 1, 1981; and (b) For the period commencing on July 1, 1982 and ending on June 30, 1983, the sum of $ 250.00 which shall be paid by Licensee to Licensor on or before July 1, 1982; and (c) For each annual period thereafter during the term of this License Agreement commencing on a July 1st and ending on the following June 30th (beginning with the annual period commencing on July 1, 1983), an annual fee of $ 250.00 , with the fee payable hereunder with respect to each such annual period to be paid by Licensee to Licensor in advance on or before the July 1st which commences such annual period. 6. Licensee further covenants and agrees that it shall procure and maintain public liability insurance covering its use and operations on the premises covered hereby, naming Licensor as an additional insured thereunder, with limits of not less than the maximum liability for claims which could be asserted against the City of Salina, Kansas, for any number of claims arising out of a single occurrence or accident under the Kansas Tort Claims Act, as it now exists and may hereafter be amended, and will from time to time increase such limits in such manner as may be necessary to at all times during the term of this License Agreement maintain such limits at the then maximum liability for such claims under said Kansas Torts Claims Act; that it shall comply with all laws, ordinances and regulations of govern- mental agencies with respect to its use and operations on the premises covered hereby; and it hereby agrees to indemnify and hold Licensor harmless of and from any and all loss, cost, expense or damage caused by or relating to the occupancy and use of the premises covered hereby by the Licensee. 7. Licensor and its duly authorized agents and repre- sentatives shall have the right to enter upon the premises covered by this License Agreement at all times during the term hereof, for the purpose of examining and inspecting the same. 8. There is currently a driveway approach to and from - Fifth Street, Salina, Kansas, and the west side of the building owned by Licensee which is located on the South Six - 3 - Inches (S6") of Lot One Hundred Twenty -Three (123)and all of Lot One Hundred Twenty -Five (125), all on Fifth Street, Original Townsite, Salina, Saline County, Kansas. Licensee hereby agrees that it shall, at its expense, as soon as is reasonably possible but in a time and manner consistent with the remodeling and rehabilitation of said building and the construction of improvements on the premises covered hereby, but no later than April 15, 1983: (a) Remove the existing driveway approach located on the west side of said building owned by the Licensee; and (b) Construct a curb and gutter section across said existing driveway in line with the curb and gutter sections currently located north and south of said existing driveway; and (c) Construct a sidewalk section between the curb and gutter section described in sub -paragraph (b) of this Paragraph 8 and the west end of said building. Said removal and construction work to be performed hereunder by Licensee shall be done in a workmanlike manner and in a manner acceptable to both of the parties hereto. 9. This License Agreement shall be binding upon and inure to the benefit of the parties hereto and their respec- tive transferees, grantees, successors and assigns, it being understood and agreed that the provisions hereof shall be binding upon and inure to the benefit of .any lessees, trans- ferees, 'grantees, successors or assigns of Licensee with respect to said South Six Inches (S6") of Lot One Hundred Twenty -Three (123) and all of Lot One Hundred Twenty -Five (125) on Fifth Street, Original Townsite, Salina, Saline County, Kansas, and their respective lessees, transferees, grantees, successors or assigns. IN WITNESS WHEREOF, the parties have hereunto caused this License Agreement to be executed on their behalf on the day and year hereinbefore set forth. LICENSOR: THE CITY OF SALINA, KANSAS A Mu 'c pal Corporation BY: Atte— sti LICENSEE: DEVELOPM CONSULTANTS, C. BY: T oma, E. ar Preside Elm stn Street Exhibit "A" VVELCPMENT CONSULTANTS. P.O. Box 1654 Salina, Kansas 67401 License Agreement dated May 4, 1981 $250.00 per year Pd. 7/1/81 to 7/1/83