Loading...
Sign License Agreement !J', ,- , " .~ .., 4 ; /"""~^.,., REBECCA SEEMAN : Z ,~,~.......e.~~GISTER OF DEEDS SALINE COUNTY KANSAS . [:(~t"~.::"'(\ Book: 1228 Page: 677 : \,,,,,,,,?~,~,,~'~'{'./ Receipt ll': 70642 ..1 Recording Fee: $32.00 , "\~.~,~,~.;,' Pages Recorded: 7 (, N ~ ~~ ! Date Recorded: 4/20/2011 9:02:22 AM LICENSE AGREEMENT----- . . ---. ---- ------- ~h__ --- -- - --- This License Agreement made this lO~day of April, 2011, by and between the CITY OF SALINA, KANSAS, a municipal corporation (the "City") and Bill S. Medina and Peggy Medina, Trustees ofthe Bill S. Medina Revocable Trust dated 8/4/00 (the "Licensee"). RECITALS A. The Bill S. Medina Revocable Trust dated 8/4/00 is the record owner of the building located on the following described real estate (the "Property"): The West Sixty (60) feet of Lots One Hundred Nine (109) and One Hundred Eleven (111) on Second Street in the Original Town (now City) of Salina, Saline County, Kansas (more commonly referred to as 500-504 East Iron Avenue). B. The above described property is sixty (60) feet wide and one hundred (100) feet deep. The existing building on the property extends to the abutting South Second Street and East Iron Avenue right-of-way. C. The Licensee wishes to construct and install a sign frame and sign attached to the existing awning structure on the north fa9ade of the building which would extend into and over the abutting East Iron Avenue right-of-way to provide identification signage for building tenants (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 L & L Advisors, LLC. to construct the proposed Improvements in the proposed location will not interfere with the current public use ofthe East Iron Avenue right-of-way. THE PARTIES THEREFORE AGREE: 1. Grant. The City hereby grants a license (the "License") to the Licensee to construct and install a sign frame and sign (the "Improvement") over and across a public sidewalk on Iron Avenue as depicted on Exhibit A (the "Right-of-Way"), for the purpose of providing identification signage for building tenants. 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 ; ; Book: 1228 Page: 678 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 installation of the sign and sign frame in a manner which minimizes adverse impact on . public improvements, as reasonably determined by the City. The proposed sign and sign frame shall extend no farther than three (3) 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 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. 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.. East Iron Avenue or which in any way impacts -2- Book: 1228 Page: 679 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 ofthe National Electrical Code, the National Electrical Safety Code and the Fiber Optic Line Installation Standard of the Telecommunications Industry C011111littee, 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. Indemnification and Hold Harmless. During the term of License, the Licensee and its successors and assigns shall hold harmless and indemnify the City, its officers, agents, employees and authorized contractors, against all liability, loss damage, expense, and judgment, including attorney's fees so incurred, arising from or relating to its installation, use or maintenance of the wood awning, projecting sign and sign frame in the public right-of-way pursuant to this License Agreement by the Licensee, their agents, contractors, or employees. 4. 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. 5. 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. 6. 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: 1228 Page: 680 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. 7. 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 ~xercise 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. 8. 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 Bill and Peggy Medina 2 Riverwoods Circle Salina, KS 67401 Lyle Huncovsky and Levi Huncovsky L & L Advisors, L.L.c. 500 East Iron Avenue Salina, KS 67401 9. 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. 10. 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: 1228 Page: 681 EXECUTED the day and year first above stated. By: Aaron G. eck, Mayor ATTEST: ~ Bill S. Medina Revocable Trust Dated 8/4/00 ~l BIll S. Medina, Trustee -5- Book: 1228 Page: 682 STATE OF KANSAS COUNTY OF SALINE, SS: On this \ ~ day of April, 2011, before me a Notary Public in and for said state, personally appeared Aaron 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. SHAND\ L. WICKS ~'- . 5t t of Kansas ~ Notary public - aet41. My APpt. Expires i!J;rrk l tUflL(r No ary Public STATE OF KANSAS COUNTY OF SALINE, SS: On this ~ day of April, 2011, before me a Notary Public in and for said state, personally appeared Bill S. Medina and Peggy Medina, Trustees of the Bill S. Medina Revocable Trust dated 8/4/00, 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 as Trustees and on behalf of the Trust. ~ . ALYSSA URBAN ~ Notary Pub ic State. f Kansas My Appt Expires -6- \ 1 I Book: ~228 P~~Hhi, A i SITE PLAN E-t ~ ~ C/) SIGN & SIGN FRAME ~. URVEYOR'S CERTIFICATE a '^ 1 Found) spike A VENlJE"(ll -~ r Found ~I rebar t -J\r __ 190.0' (~ . 189.42' (~l) ('~~~ Portheast Corner Lot 54, found ~, pipe Scale ~ 1"=20' , EXISTING AWNING ,.......,....... ;:E;p... '-" '-" - ,.......,....... p...~ '-" '-" ,^- lOa . . ~~~ ~ - - C""\ 00 . . 00 00 MM LEGE~T]) : Property corners found - . (Origin unlmown unless noted) (p) = Platted distance (M) = Heasured distance ~ c o ~ CI) ADDRESS: 500 - 502 - 504 E. Iron A venue . 60~05'(}1) ,.......,....... . 6o~0' (p) ~p... . ':''-'' S '- Found. spike Found ~, rebar.-/ co.., I 00 r Southwest Corner ~~.v I1t 13, found 3/4" p~pe DESCRIPrI ON: . The :\-Test Sixty (vr 60.0) feet of Lots One Hundred Nine (109) and One Hundred Eleven (lll) on Second Street in -the Original Town of Salina, Saline County, Kansas. I hereby certify that this drawing of a survey performed under my direction on the 24th day of Harch, 2003, to be true and. correct to the best o~my kn~{ledge and belief. 60 )!J/ {2m ().D fLJ -rrQ,~