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Lot 1, Block 1 , Wilbre Addition ROW '^-, REBECCA SEEMAN • i.5- REGISTER OF DEEDS SALINE COUNTY KANSAS .0.• Book: 1271 Page: 781-788 Receipt °: 91398 Recording Fee: 635.00 Pages Recorded: B C f inn.) Date Recorded: 11/8/2013 9:3909 AM Grantor Grantee Type of Document License Agreement Recording Fees $36.00 Mtg Reg Tax $0.00 Total Amount $36.00 Return Address ROOM 201 • Book: 1274 Page: 782 LICENSE AGREEMENT FOR COOPERATIVE LANDSCAPING IN THE PUBLIC RIGHT-OF-WAY This License Agreement for Cooperative Landscaping in the Public Right-of-way ("License Agreement") is entered into this 1+h day of October, 2013 by and between the City of Salina, Kansas ("City"), and George A. Smolich and Vincentia A. Smolich, as Trustees of the George A. Smolich Living Trust, and Ralph J. Bennett and Carolyn J. Bennett, as Trustees of the Ralph J. Bennett Trust U/A dated March 20, 1992 (collectively the "Current Owners"). Recitals A. The Current Owners are the current record owners of the following real estate located in the City of Salina, Kansas ("Private Property"): Lot One (1), Block One (1) of the Wilbre Addition to the City of Salina, Saline County, Kansas. B. The Current Owners are under contract with Kansas CVS Pharmacy, L.L.C., a Kansas limited liability company ("Kansas CVS") for the purchase of the Private Property, and Kansas CVS intends, upon acquiring the Private Property, to develop the property for purposes of operating a pharmacy business at the northeast corner of South Ohio Street and East Crawford Street. C. By separate instrument, the Current Owners have agreed to dedicate the South Twenty (20) feet of the Private Property as public right-of-way for Crawford Street to accommodate future improvements to the South Ohio Street — East Crawford Street intersection. • D. The City and the Licensees (as hereinafter defined) wish to cooperatively provide for an integrated front yard landscape plan for the Private Property and the abutting public right-of-way in furtherance of the City's goal of beautifying the streetscape of Impact Streets, including public-private partnerships where feasible, in a manner consistent with the City's Comprehensive Plan as well as Section 35-40 and Section 42-65 of the Salina Code. E. The Licensees have submitted and city staff has approved a landscape plan for the Private Property and the abutting public right-of-way, a reduced copy of which is depicted in the attached and incorporated Exhibit A (the "Landscape Plan"). The Landscape Plan includes four separate landscape areas noted on the Landscape Plan as A, B, C, and D. Areas A, B, and C are located strictly on the Private Property. Only area D included Private Property and the abutting public right-of-way ("Area D") and is the only area addressed by this License Agreement. F. The governing body of the City has determined that the public interest is best served by the use of the public right-of-way as provided for in this License Agreement. THE PARTIES therefore agree and covenant: Book: 1274 Page: 783 1. Grant of License. The City grants a license to Licensees, subject to the terms of this License Agreement (the "License"), to use the right-of-way described and depicted on the attached and incorporated Exhibit B (the "Licensed Right-of-Way") for the limited purposes of: • a. Installing and maintaining landscaping in adherence to the approved Landscape Plan; and b. Designing, installing, and maintaining an irrigation system approved by the City for Area D (the "Irrigation System"). The term "Licensees" as used herein means and includes the Current Owners, Kansas CVS, CVS Caremark Corporation, a Delaware corporation, and any of their authorized or permitted successors and assigns. 2. Implementation of Landscape Plan for Area D. The Landscape Plan for Area D shall be fully implemented before the City's issuance of a Certificate of Occupancy for the building(s) to be constructed on the Private Property, unless Licensees enter into a landscape compliance agreement deemed acceptable to the City, and provide all required financial security. 3. Irrigation System. Implementation of the Landscape Plan for Area D shall include the installation of the Irrigation System, as follows: a. The irrigation system for area D shall be plumbed and metered separately from the pharmacy building. b. The Irrigation System, including that portion located in the Licensed Right-of- Way, shall be the property of the Licensees. c. The Licensees shall be fully responsible for any cost associated with the ongoing maintenance of the Irrigation System in fully operable condition. 4. Cost of watering. The Licensees shall be responsible for the cost of the water necessary to properly irrigate Area D. 5. Landscape Maintenance. Licensees shall maintain Area D in accordance with Salina Code Sec. 42-65(9), and as that section or its substantial equivalent may be amended from time to time. In addition to the enforcement measures applicable to the landscaping maintained on private property under the Salina Code, the landscaping in Area D shall be subject to periodic inspection by the zoning administrator, or an authorized representative, to determine compliance with the Landscape Plan and the requirements of this section. When the landscaping has not been installed, maintained, or replaced to comply with the Landscape Plan or the requirements of this section a written corrective order shall be issued to the Licensees. Any work required under a written corrective order must be completed no later than the next following planting season, which for the spring season shall be March 15th through April 15th and for the fall season shall be September 15th through October 15th. Failure to complete the work required by the written corrective 2 • Book: 1274 Page: 784 order by the end of the next following planting season may, at the option of the City, result in termination of the License. 6. Landscaping as Public Improvement in Right-of-way. The Irrigation System and landscaping installed, planted, and maintained in the Licensed Right-of-way pursuant to this License Agreement shall be regarded as a public improvement for purposes of any restoration requirements under the City's franchise ordinances with the various public utilities and service providers utilizing the public right-of-way. In the event removal or damage to the Irrigation System or landscaping in the Licensed Right-of-way results from the need of a public utility to perform work in the Licensed Right-of-way, the City and/or the public utility company, as they shall determine, shall be responsible for fully restoring the Licensed Right-of-way in a manner consistent with the Landscape Plan, at no expense to the Licensees. 7. Indemnification and Hold Harmless. Licensees shall indemnify and hold and save the City, its officers, employees, agents, and contractors harmless form any loss, cost, expense, penalty, damage, or judgment, including attorneys fees, that may arise from the Licensees' use of the Licensed Right-of-way. 8. Insurance Requirements. The Licensees agree to procure and maintain, during the term of this License Agreement and any extension thereof for their use and operations on the Right-of-Way, commercial general liability insurance with limits not less than $1,000,000 each occurrence bodily injury and/or property damage, including the risk of explosion, collapse & underground; $500,000 personal and/or advertising injury limit, $1,000,000 products and completed operations aggregate and $1,000,000 general aggregate; $500,000 Auto Liability for all Owned, Hired and Non-Owned Autos; and Statutory Worker's Compensation insurance. Licensees are responsible to ensure their independent contractors carry coverage equal or greater than that required of the Licensees. City shall be named as an additional insured on Licensees' general liability policy. Licensees shall keep on file with City a certificate of insurance that shows compliance with the obligations as set forth herein. Licensees agree to obtain insurance coverage or self-insure itself for contents or owned equipment associated with their own operation(s). Licensees or their insurance representative shall provide for at least (30) days prior written notice of cancellation or any changes of insurers to City. The insurance limits outlined above represent the minimum coverage limit and do not infer or place a limit of liability of the Licensees nor has the City assessed the risk that may be applicable to the Licensees. The Licensees' liability program will be primary and any insurance maintained by the City (including self-insurance) will not contribute with the coverage maintained by the Licensees. Coverage limits outlined above may be met by a combination of primary and excess liability insurance programs. The City will only accept coverage from an insurance carrier who offer proof that it is admitted to do business in the State of Kansas, and carries a Best's rating of "A-VII" or better; or is a company mutually agreed upon by the City and the Licensees. 9. Term of License. The License shall commence upon execution of this License Agreement and shall continue until the earlier of: 3 • Book: 1274 Page: 785 a. Termination of the License by the Licensee at any time after no less than 60 days notice from Licensees to the City. b. Termination of the License based upon Licensees' failure to maintain the Licensed Right-of-way as provided in section 5 above, provided that such failure has not been cured by Licensee within 60 days has written notice from the City. c. Written notification to the Licensees by the City that the public interest is best served by the use of the Licensed Right-of-way in a manner in conflict with the License, and that the License shall terminate no less than 180 days following such notice. In the event of termination pursuant to this Section 9.c, and upon request by the City, Licensees shall remove and/or modify the Irrigation System without cost to the City. 10. Notices. Any notice to either party shall be sufficient if mailed by United States mail, postage prepaid, at the following addresses: City: City of Salina, Kansas C/O City Clerk P.O. Box 736 Salina, KS 67402-0736 Licensees: Kansas CVS Pharmacy, L.L.C. One CVS Drive Woonsocket, RI 02895 Attn: Property Administration Department, Store No. 10327 11. Assignment of License. The assignment of any rights under this License Agreement by the Licensees shall be subject to the prior written consent of the City. Notwithstanding the foregoing, Current Owners and/or Kansas CVS may assign this License to CVS Caremark Corporation, or any of its affiliates, subsidiaries, lenders, or successors in interest (fee or ground lease interest) to the Private Property without the consent of the City. 12. Binding Effect. The City and the Licensees agree that this License Agreement shall be recorded with the Office of the Saline County Register of Deeds and shall be indexed to the Private Property. This License shall "run with the land" in relation to the Private Property and shall be binding upon and inure to the benefit of the Licensees' authorized or permitted successors and assigns, and any subsequent owners of the Private Property. {Signature Page Follows) 4 Book: 1274 Page: 786 Executed the day and year first above written. CITY OF SALINA, KANSAS By: k Ba ara V. Shirley, Mayor Lieu Ann Elsey, CMC,`6ity Clerk RALPH J. BENNETT TRUST GEORGE A. SMOLICH LIVING TRUST U/A dated March 20, 1992 By: rp�//���� ✓resimt� BY: `pia` -9/a /'.a Ralph Bennett, Trustee Geor•- A. Smolich, Trustee By: _____ ,1�..,,., t By: L,raltA+�ter� ��i Caroly J. ennett, Trustee Vincentia A. Smolich, Trustee ACKNOWLEDGEMENTS STATE OF KANSAS, COUNTY OF SALINE, ss: This instrument was acknowledged before me on October 21 , 2013, by Barbara V. Shirley, Mayor of the City of Salina, Kansas, and Lieu Ann Elsey, CMC, City Clerk for the City of Salina, Kansas. Notary Public jith SHANDI L.WICKS STATE OF KANSAS, COUNTY OF SALINE, ss: E e I;isate KSaS p ir Ian This instrument was subscribed, sworn to, and acknowledged before me on October to }ti , 2013 by Ralph J. Bennett and Carolyn J. Bennett as Trustees of the Ralph J. Bennett Trust U/A dated March 20, 1992. Gill/.r-4a� 1_'`-1ak,d/ Notary Public As LOUISE DUPES STATE OF KANSAS, COUNTY OF SALINE, ss: Ca Notary Public-State of Korn .My Expires 04 n-aolg' This instrument was subscribed, sworn to, and acknowledged before me on October 14k , 2013 by George A. Smolich and Vincentia Smolich as Trustees of the George A. Smolich Living Trust. Q /' ,7An Notary Public - 5 amLOUISE DUPES 1 Notary Public-Stab of 1K4aMt)sU) ,My Appt.Expos 01+g2-. Dl 1 EXHIBI T A 1 !!1i1kt j ��2 i "i-I 1 II co e z 1,1 HE. 3 ! 2 Q 5 3 :9 CO i1I {11l 11r hill II { . 1111 ' fit 11III I. 1 CL 1 1 01 t ' I I 1, 1 1 1 ' d i ' i t l i1 IifDli II 1{ 11; 11 11 { 11 Il : , t 11' 1t I . : .{ 1 {I I 11! I it 11 ' • 1 1 H{ i 1 Ii 1 11 1 1 s Cu 1111i111 it1 it {11 1 1 f 11 11 11111 j 1 { f �{ ft 1 ,I. 1 i I I I ti,, I ref 1 ,{1 {11{ i1I {1lli at i1 i ., 111111E I I � t1 1 I iJilil {1 1111111 . 1f1 11I II 1 I d l I r i1 1 ,.11 ii11P l '111•{ { 111 { 111 111i 11 1111' 11 1 11 I j f 1 111111 {111;; 11 i 111 1 ill;! I1 i 1111 j{ It i1 11 ,(,. 11 1111 {111 11111 1'1111, ills 1 i ! I ; 1' i1 i 1 1 11 l i 11 ! 111"I a 1 al 1111:' 11,11II I! Ii 11111p f1 'I1 1,I 1i da( iiaII.. :I. . . . _.: : : L 1_ . . I 1, 1 . {- , � ,• ,, ,•,, f11i 1I 1:,i1111 11- 111 ,;1 11 n Au: 1+1 ia1: : ;-zl ' 1 1, , 1 7 i - _ - °a I . I 1 -c— 1 11 I. , 'Ili , —_ MCC -- • i1 _ • I � slits 1 f I.Bi{ Y�1 . - , - i ILL--.S i J1, i iii -- ---- hI t rid. I :' f1i E' 4' Ii -------__ I 1 { - i h . 1' 11 k 4 _ --_-_ -- 1 • (S .. .d 1{ III ._ _ - 1 , _4_ 111 • - 'it 1 o fI •a! 1 ..4 = 133ais NVilj31 II i {II lit j1 11 t It;,.6 ti k E 4� 4) 01 4.1 4) 4) s 4) s ® LL -r ' t1*S1â - — '1P Est'!..•( 4 Iii„ tl a ca Ia.: 7 - Ii0 Ift-t aill .'. au A : 1 ?t-f.: z y uI LEI Z t I -- ' 5, I F�9 t'1':' C) : � i 40 e I !-., & 0 1. e i � a5 4) i;k� X43 43 •;•p .—� . B : I I' r _ ...id l ; li(� S I `111_x: co,, .W ..•y-. ._ _. • • ��.�.arssr�nowr�w�e�-iwAwnac�wwa � x .vrc ��a`� P!f°I� ' ''',. Ill ') ' 1_1BIS IMilaWNI•11rr 111/11 4)_ 4) 4) fe 4) 4) 4) 4) �® 4) 0 �11:'ttg77'1i 133H1s OIHO wsnos thihr 1 • . EXHIBIT B Book: 1274 Page: 788 i .. .,-,.. li, . . , I -- , -7- ._-___—_..—..=_.—:-_.----,------,-- ( I „ 2,,,-.t.—, . a...-:-.7....n.r...,'--- —;... .... % I fr -■ c_ . .41 i.---=■-7 ,-....sae-.-1.- -3-2.-e-4-ar..•-•—•----a■••■■C..-1.‘ m i II •!I ,, a ,.. .), ,.. 4:11.... j. 5 t:i , t . r------ , I t - 3 I: t.:-. • ,3, 33.4.,\,!i % : i : ' 1: .. 11 , IT a*. cc:.,.,,---.N- •, 0. 'I I .-:-.:.i .t .e.,..;.: -:1i 1 ii ,-: ;: v .,••; \-- i‘ . !I .....! -,‘ —........, ,•-••••: 1 - : ,i H 1 i, -..,•, c----- i'l CVS/PharmacY 411 - t. 4) H P li (.73 .:..2. 2r,/ 2-- 2 revE'8' .., 13.225 SF a -; :.• it ;;,.1 .i■ 11 :, I! • :...-.5-*.( 1 stIT-4- 1 !I ji! I I F t;:.'CA 33.2' a CRP'S g , l' A a2 SPACES i i) -' I; il :il =.;---..`22770 F— 01 I j Fr j .. i! ILI1 :II (-:-; 11 U'-..1 ;t1 4, ,I LLI ;: ;It II-- IE i!4 13 ii t U) il !?I 11 ii: .: •;,' .: L .r c .J }, 11 3 I.3:; 1 10 .7 1 I I, C I yl 2.--- O j .-.1 i: :--2.fr.:7',:7-•*--tq, .: ....h !i ' i' -.a t : j .1 ,f a..:Ft-' ..! , — O 1' ;54 ii 4 v.: -,. . 49.;: 4: : t A 5 0 ;1 h, 4 4 . : - - : ,..4 t:.: i i ill i:-: T1 4••• 4— • . ir,I :: 1 li 5:71z --N. - • . ■ LC ..1 .'.1 I li : ' i ' ! • ----, f y 3:■ .....„: 4 !S .... .1 3: 41 3 3 : ! : ■ . , ...... i II I i ° ■••1 20 ROW DEDICATIONM‘s 5'WIDE CONCRETE WALK EAST CRAWFORD AVENUE SCALE 1"=40' July 26, 2013 RIGHT OF WAY LANDSCAPING EXHIBIT LOT 1 BLOCK 1 OF WILBRE ADDITION TO THE CITY OF SALINA, SALINE COUNTY, KANSAS .....................----................................--. Do ,,° PM ib I . ,.,""""",.,, REBECCA SEEMAN .•`• CQU '.,� REGISTER OF DEEDS SALINE COUNTY KANSAS EWendln31kaiteRiraThwfVgyVice,this 2?"`; r. Book: 1271 Page: 789-792•CO: cou ri '� ' J Receipt °: 91318 Recording Fee: f2D.0D • day of ��(�1,PY 1' = AM.20 Pages Recorded: 1 G N &cot 24ran 1C (ef(V tvYUn.cN, Date Recorded: 11/8/2013 9:39:05 AM • SecP7.. 4 ®untyClerk . 44.OF KPN•,•° TRUSTEE'S RIGHT-OF-WAY DEED THIS INDENTURE, made this day of October, 2013, by and between Ralph J. Bennett and Carolyn J. Bennett, Trustees of the Ralph J. Bennett Trust U/A dated March 20, 1992 (the "Grantors") and the City of Salina, Kansas,a municipal corporation(the "City"): WITNESSETH: That the Grantors, for good and valuable consideration, do hereby grant and convey unto the City that certain portion of land owned by the Grantors as legally described on the attached and incorporated Exhibit A and depicted on the attached and incorporated Exhibit B as public street right-of-way, in perpetuity, (the "Right-of-Way") for the purposes of locating,constructing, excavating, and maintaining: A. Public means of transportation including roadways, streets, bridges, sidewalks, paths, crosswalks, and traffic control devices; B. Public drainage structures including, but not limited to, culverts, pipes, levees, and channels; C. Public landscaping and other aesthetic improvements; and D. Poles, wires, conduit, pipeline; and junction boxes for the purposes of conducting, transmitting, and distributing water, sewage, electricity, gas, and electronic communications by the City, its franchisees, and its licensees. Upon being first duly sworn upon oath, Grantors further covenant that: (1) Grantors are the Trustees under the Trust; (2) the Trust is a revocable trust; (3) the Trust remains in full force and effect at this time; (4) Grantors are the duly qualified and acting Trustees under the Trust; and (5) as such Trustees, Grantors are authorized, pursuant to the Trust and without any limitation whatever, to convey all of the above-described Right-of-way. IN WITNESS WHEREOF, the Grantors have caused this instrument to be executed the day and year first above written. RALPH J. BENNETT TRUST U/A dated March 20, 1992 By. 1ph'Y Bennett,Trustee By: L� 75zrvrivt Caroly J. ennett,Trustee Book: 1274 Page: 190 STATE OF KANSAS, COUNTY OF SALINE, ss: This instrument was subscribed, sworn to, and acknowledged before me on October N4`.— 2013 by Ralph J. Bennett and Carolyn J. Bennett as Trustees of the Ralph J. Bennett Trust U/A dated March 20, 1 qoo l I LOUISE DUPES Notary ee 01-I- of Karin O My Appl.Esplro� Ot'l-a'�-a0/S' Notary Public • ACCEPTANCE OF RIGHT-OF-WAY DEED CITY OF SALINA, KANSAS By: )\• B B bara V. Shirley, Mayor ATTEST: U s. A Lieu Ann Elsey, CMC, City Clerk STATE OF KANSAS, COUNTY OF SALINE, ss: This instrument was acknowledged before me on October I , 2013, by Barbara V. Shirley as Mayor and Lieu Ann Elsey as City Clerk of the City of Salina, Kansas. JILL SHANDI L. WICKS U)oni MNotary Pub tS�7 K c My AppLEspires / /��(� No Public [A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-1437e(a)(13)] -2- Book: 1274 Page: 791 EXHIBIT A The portion of the Ralph J. Bennett Trust property that is being dedicated as additional right-of- way for Crawford Street is legally described as: The South Twenty feet(20') of the West One Hundred Fifty feet(150')of Lot One (I), Block One(1)of the Wilbre Addition to the City of Salina, Saline County, Kansas " Book: 1274 Page: 792 • _ PRESCOTT ROAD N89°24'46"E 200.00(PL) a N/F KANSAS CVS PHARMACY, LLC. 0 BOOK , PAGE o Co _ _ W I I W lY a I I 3 to O N/F ti RALPH J. BENNETT o Z O o TRUST U/A S Z LL F I I Z w 5'Right of Way Easemela— rn I (Bk.127,Pg.216) t I Right of Way Easement I (Bk.427,Pg.412) 20'ROW DEDICATION 5'Utility Easement I (Bk.73,P. 4) N89°24'46"E 200.00(PL) EAST CRAWFORD AVENUE SCALE 1"=50' September 16,2013 EXHIBIT "B" RIGHT OF WAY DEDICATION LOT 1 BLOCK 1 OF WILBRE ADDITION TO THE CITY OF SALINA, SALINE COUNTY, KANSAS am 20 cti 1 -L e REBECCA SEEMAN Entered In Tt s% leer 4 O$Ice,this ft; "-�..tteEGISTER OF DEEDS SALINE COUNTY KANSAS Nif C31 :ti 's t Book: 1279 Page: 793-796 d of ' "gip d'-- • ,D.20 ..,-, j Receipt a: °_1398 Recordsg Fee: 620.00 • • ∎∎•; Pages Recorded: 9 G' m�p,,,.,.a,,i .:aI /i� �i' Iw A r i 1 It f ♦ ' _ ;� J;l,`« . �rf,c4ntyClerk� Date Recorded: 11/6/2013 939fl6 AM age,42F OF K03,,, ,•nuu,u.,•, TRUSTEE''S�� RIGHT-OF-WAY DEED THIS INDENTURE, made this"I / day of October, 2013, by and between George A. Smolich and Vincentia K. Smolich, Trustees of the George A. Smolich Living Trust (the "Grantors")and the City of Salina, Kansas, a municipal corporation(the "City"): WITNESSETH: That the Grantors, for good and valuable consideration, do hereby grant and convey unto the City that certain portion of land owned by the Grantors as legally described on the attached and incorporated Exhibit A and depicted on the attached and incorporated Exhibit B as public street right-of-way, in perpetuity (the "Right-of-Way") for the purposes of locating, constructing, excavating, and maintaining: A. Public means of transportation including roadways, streets, bridges, sidewalks, paths, crosswalks, and traffic control devices; B. Public drainage structures including, but not limited to, culverts, pipes, levees, and channels; C. Public landscaping and other aesthetic improvements; and D. Poles, wires, conduit, pipeline, and junction boxes for the purposes of conducting, transmitting, and distributing water, sewage, electricity, gas, and electronic communications by the City, its franchisees, and its licensees. Upon being first duly sworn upon oath, Grantors further covenant that: (1) Grantors are the Trustees under the Trust; (2) the Trust is a revocable trust; (3) the Trust remains in full force and effect at this time; (4) Grantors are the duly qualified and acting Trustees under the Trust; and (5) as such Trustees, Grantors are authorized, pursuant to the Trust and without any limitation whatever, to convey all of the above-described Right-of-way. IN WITNESS WHEREOF, the Grantors have caused this instrument to be executed the day and year first above written. George A. Smolich Living Trust \ B �/ ra te dr -411 . t / r Geo e A. Smolich,Trustee By: �ittC/6 incentia K. Smolich, Trustee Book: 1274 Page: 794 STATE OF KANSAS, COUNTY OF SALINE, ss: This instrument was subscribed, sworn to, and acknowledged before me on October Cr►h , 2013 by George A. Smolich and Vincentia K. Smolich as Trustees of the George A. Smolich Living Trust. LOUIS• DUPES Ca? � taxi) alux Notary Public•Stabs of M A•• ,EU•Irn ,,a-, pia- Notary Public ACCEPTANCE OF RIGHT-OF-WAY DEED CITY OF SALINA, KANSAS By: 0 �. Barb V. Shirley, Mayor ATTEST: ` , g Lieu Ann Elsey, CMC, City lerk STATE OF KANSAS, COUNTY OF SALINE, ss: This instrument was acknowledged before me on October 2.1 , 2013, by Barbara V. ii Shirley as Mayor and Lieu Ann Elsey as City Clerk of the City of Salina, Kansas. SHANDI L. WICKS Notary Punk• tate . Kansas 11 tank MY Apt.Expires i a • No Public [A real estate sales validation questionnaire is not required pursuant to K.S.A. 79-1437e(a)(13)] -2- - • Book : 1274 Page: 795 EXHIBIT A The portion of the George A. Smolich Living Trust property that is being dedicated as additional right-of-way for Crawford Street is legally described as: The South Twenty feet(20')of the East Fifty feet(50') of Lot One (1), Block One (1)of the Wilbre Addition to the City of Salina, Saline County, Kansas " Book: 1274 Page : 796 • t PRESCOTT ROAD 1 N89°24'46'E 200.00(PL) V r �, warts°anon .�., a N/F KANSAS CVS PHARMACY, LLC. 0 BOOK , PAGE o t I I to I I W i c W 1 N/F I m I- V' GEORGE A. m in O t h O c SMOLICH o LIVING TRUST I co C LL I Iz O• i 5'Right of Way EasemTt— I N } (Bk .127,Pg.216) I I 5'Right of Way Easement (Bk.427,Pg.412) K....: _ 20' ROW DEDICATION 5 Utility Easement I (Bk.73,Pg.473) ; 6.�6 . . N89°24'46t 200.00(PL) EAST CRAWFORD AVENUE SCALE 1"=50' September 16, 2013 EXHIBIT "B" RIGHT OF WAY DEDICATION LOT 1 BLOCK 1 OF WILBRE ADDITION TO THE CITY OF SALINA, SALINE COUNTY, KANSAS o wn 2b l REBECCA SEEMAN f - - `REGISTER OF DEEDS SALINE COUNTY KANSAS t .0, I.j Book: 1271 Page: 797-802 • ' Receipt ": 91310 Recording Fee: 426.00 • `+''•f Pages Recorded: 6 C rl Rr4era_.25 l Date Recorded: 11/8/2013 9:39:07 AM LICENSE AGREEMENT FOR LOADING SPACE IN THE PUBLIC RIGHT-OF-WAY This License Agreement for Loading Space in the Public Right-of-way ("License Agreement") is entered into this 1+h day of October, 2013, by and between the City of Salina, Kansas ("City") and Ralph J. Bennett and Carolyn J. Bennett, Trustees of the Carolyn J. Bennett Trust U/A dated March 20, 1992 ("Current Owners"). Recitals A. Kansas CVS Pharmacy, L.L.C., a Kansas limited liability company ("Kansas CVS") is developing, as a pharmacy, the commercial tract of real estate located at the northeast corner of South Ohio Street and East Crawford Street in the City of Salina, Kansas described as follows (the "Private Property"): Lot One (1), Block One (1) of the Wilbre Addition to the City of Salina, Saline County, Kansas. B. The current record owners of the Private Property have agreed to dedicate the South Twenty (20) feet of Lot One (1), Block One (1) as public right-of-way for Crawford Street to accommodate future improvements to the South Ohio Street — East Crawford Street intersection. C. The dedication of the South Twenty (20) feet of Lot One (1), Block One (1) as public right-of-way for Crawford Street necessitates that the required loading space serving the pharmacy be located north of the pharmacy building in the abutting right-of-way for Prescott Avenue. D. The Licensees (as hereinafter defined) have submitted a plan for locating and constructing a loading/unloading space in the Prescott Avenue right-of-way abutting Lot One (1) Block One (1) of the Wilbre Addition. E. The governing body of the City has determined that the public interest is best served by the use of the public right-of-way as provided for in this License Agreement. THE PARTIES therefore agree and covenant: 1. Grant of License. The City grants a license to Licensees, subject to the terms of this License Agreement (the "License"), to use the right-of-way depicted and described on the attached and incorporated Exhibits A and B (the "Licensed Right-of-way"), for the limited purposes of constructing and maintaining a paved loading space in the Prescott Avenue right-of-way in conformance with the approved Site Plan as shown on the attached and incorporated Exhibit B, subject to the following conditions: Book: 1274 Page: 798 a. The City Engineer shall have the authority to review and approve or disapprove the final design of the loading space as to dimensions, pavement material and thickness and curbing to ensure that no pedestrian or traffic hazards are created and that the proposed loading space will not interfere with the use of Prescott Avenue as a public street; and b. Licensees shall be solely responsible for the construction, maintenance, repair, replacement or reconstruction of the loading space and the City shall not be responsible under any circumstances. The term "Licensees" as used herein means and includes the Current Owners, Kansas CVS, CVS Caremark Corporation, a Delaware corporation, and any of their authorized or permitted successors and assigns. 2. Indemnification and Hold Harmless. Licensees shall indemnify and hold and save the City, its officers, employees, agents, and contractors harmless form any loss, cost, expense, penalty, damage, or judgment, including attorneys fees, that may arise from the Licensees' use of the Licensed Right-of-way. 3. Insurance Requirements. The Licensees agree to procure and maintain, during the term of this License Agreement and any extension thereof for their use and operations on the Right-of-Way, commercial general liability insurance with limits not less than $1,000,000 each occurrence bodily injury and/or property damage, including the risk of explosion, collapse & underground; $500,000 personal and/or advertising injury limit, $1,000,000 products and completed operations aggregate and $1,000,000 general aggregate; $500,000 Auto Liability for all Owned, Hired and Non-Owned Autos; and Statutory Worker's Compensation insurance. Licensees are responsible to ensure their independent contractors carry coverage equal or greater than that required of the Licensees. City shall be named as an additional insured on Licensees' general liability policy. Licensees shall keep on file with City a certificate of insurance that shows compliance with the obligations as set forth herein. Licensees agree to obtain insurance coverage or self-insure itself for contents or owned equipment associated with their own operation(s). Licensees or their insurance representative shall provide for at least (30) days prior written notice of cancellation or any changes of insurers to City. The insurance limits outlined above represent the minimum coverage limit and do not infer or place a limit of liability of the Licensees nor has the City assessed the risk that may be applicable to the Licensees. The Licensees' liability program will be primary and any insurance maintained by the City (including self-insurance) will not contribute with the coverage maintained by the Licensees. Coverage limits outlined above may be met by a combination of primary and excess liability insurance programs. The City will only accept coverage from an insurance carrier who offer proof that it is admitted to do business in the State of Kansas, and carries a Best's rating of "A-VII" or better; or is a company mutually agreed upon by the City and the Licensees. 4. Term of License. The License shall commence upon execution of this License Agreement and shall continue until the earlier of: 2 • Book: 1274 Page: 793 a. Termination of the License by the Licensee at any time after no less than 60 days notice from Licensees to the City. b. Termination of the License based upon Licensees' failure to construct, maintain, repair, replace, or reconstruct the loading space as provided in section 1.b above, provided that such failure has not been cured by Licensee within 60 days has written notice from the City. c. Written notification to the Licensees by the City that the public interest is best served by the use of the Licensed Right-of-way in a manner in conflict with the License, and that the License shall terminate no less than 180 days following such notice. In the event of termination pursuant to this Section 9.c, and upon request by the City, Licensees shall remove and/or modify the loading space without cost to the City. 5. Notices. Any notice to either party shall be sufficient if mailed by United States mail, postage prepaid, at the following addresses: City: City of Salina, Kansas CIO City Clerk P.O. Box 736 Salina, KS 67402-0736 Licensees: Kansas CVS Pharmacy, L.L.C. One CVS Drive Woonsocket, RI 02895 Attn: Property Administration Department, Store No. 10327 6. Assignment of License. The assignment of any rights under this License Agreement by the Licensees shall be subject to the prior written consent of the City. Notwithstanding the foregoing, Current Owners and/or Kansas CVS may assign this License to CVS Caremark Corporation, or any of its affiliates, subsidiaries, lenders, or successors in interest (fee or ground lease interest) to the Private Property without the consent of the City. 7. Binding Effect. The City and the Licensees agree that this License Agreement shall be recorded with the Office of the Saline County Register of Deeds and shall be indexed to the Private Property. This License shall "run with the land" in relation to the Private Property and shall be binding upon and inure to the benefit of the Licensees' authorized or permitted successors and assigns, and any subsequent owners of the Private Property. {Signature Page Follows} 3 Book: 1274 Page: 80 Executed the day and year first above written. CITY OF SALINA, KANSAS By: L./ ,1t B tia af ra V. Shirley, Mayor •TTEST: Lieu Ann Elsey, CMC, ity Clerk CAROLYN J. BENNETT TRUST U/A dated March 20, 1992 By: Pp�.��i Ralph J. Be nnet trustee By: Gam. Bennett,• Carolyy{hi J. Bennett, Trustee ACKNOWLEDGEMENTS STATE OF KANSAS, COUNTY OF SALINE, ss: '7 This instrument was acknowledged before me on October t , 2013, by Barbara V. Shirley, Mayor of he Ci of Salina Kansas, and Lieu Ann Elsey, CMC, City Clerk for the City of Salina, .aaaas.SHANDI L. WICKS /y _ / // ]/,J�/� Notary Public- Stae of Kansa: ' /I/J/l!.(.� ,C,. /7 ii.Y..GO Ny Appt.Expires tali. dio/b � No ary Public STATE OF KANSAS, COUNTY OF SALINE, ss: This instrument was subscribed, sworn to, and acknowledged before me on October 11"2 , 2013 by Ralph J. Bennett and Carolyn J. Bennett as Trustees of the Carolyn J. Bennett Trust U/A dated March 20, 1992. CRO _ANotaDDBIJMOUP Notary Public-Stab d Kans a N.y Appt.Expires otk-aa-2.or6 4 EXHIBIT A Book : 1274 Page: 801 1 \ 1 PRESCOTT ROAD STAMPED/COLORED CONCRETE WITH, —'NO PARKING" MOUNTABLE CURB PATTERN SHALL I I BE BRICK.COLOR SHALL MATCH RED SIGN "NO PARKING'-- r BRICK COLOR OF THE CVS BUILDING ; EX.CURB J eI TO REMAIN SIGN N892446E . ' _ — — v, y : — a t".■te9l r���a:ir.'an.rA 4Cl /1' 'v _ '_ - n 0141 ' ° :.fi � ° .v .' — --" l � L' N89'24'46'E 113.33' 'I 17.88' N89°24'46"E 200.00 PL) "- mI :if I- LOADING AREA- • 1614.44 SO.FT. tr � ' II LOT *> • BLOCK I . 1 WILBRE ADDITION I . I I 1 ri ' 1 II CVS/pharmacy --r ..ill 1 . 1';i„ [11 - 'I, TYPE 'B' ' 1 D' ' 1J 13,225 SF 1• 1 I. ;! 95'-4” x 142'-4" ii e' •1. 4 r]4 ArOCQ I SCALE 1"=20' July 26, 2013 LOADING AREA EXHIBIT LOT 1 BLOCK 1 OF WILBRE ADDITION . TO THE CITY OF SALINA, SALINE COUNTY, KANSAS Book : 1274 Page: 802 EXHIBIT B Description of Licensed Area A tract of land located in the Prescott Avenue Right—of—way and abutting the north line of Lot 1, Block 1, Wilbre Addition to the City of Salina, Saline County, Konsos and more particularly described as follows: Commencing at the northeast corner of said Lot 1; Thence on an assumed bearing of South 89' 24' 46" West on the north line of said Lot 1, a distance of 1788 feet to the point of beginning; Thence South 89' 24' 46" West on the said north line, o distance of 113.33 feet; Thence North 00' 35' 14" West, a distance of 14.25 feet; Thence North 89' 24' 46" East, a distance of 113.33 feet; Thence South 00' 35' 14" East, a distance of 14.25 feet to the Point of Beginning. Said tract contains 1615 square feet more or less. GIY a S1LU, 300 w As/ Sulu. KANSAS PUBLIC NLWKS - fNCINFCRNG-URRffS Exhibit B ne 201 R . A OC o® CERTIFICATE OF LIABILITY INSURANCE DATE IYYU) /012013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT MARSH USA,INC. NAME' PHONE FAX 99 HIGH STREET INC No EMI- I(ARC.No): BOSTON,MA 02110 E-MAIL ASn:CVSCaremarliCenRaquest&marsh/Fax:212-948-5338 ADDRESS: INSURER(S)AFFORDING COVERAGE I NAIC e 932406ALL-GAIN-13.14 INSURER A:New Hampshire Insurance CD. 23841 INSURED INSURER B:National Union Fire Ins Co Pittsburgh PA 19445 CVS CAREMARK CORPORATION AND ITS SUBSIDIARIES AND AFFILIATES INSURER C: ONE CVS DRIVE INSURER D: WOONSOCKET,RI 02895 INSURER E: INSURER F: I COVERAGES CERTIFICATE NUMBER: NYC-006763706-01 REVISION NUMBER:2 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. MISR LIRRI TYPE OF INSURANCE INCRISWtI POLICY NUMBER I(MM�� I(MMIUDCMY'YYY7I UMITS GENERAL LIABILITY EACH OCCURRENCE S 4500,000 A X GL 9645264 01/01/2013 01/01/2014 DAMAGE TO RENTED 1,000,030 COMMERCIAL GENERAL LIABILITY PREMISES(Ea ommence) 5 CLAIMS-MADE X OCCUR MED EXP Wry the Peron) $ X SIR $500,000 PERSONAL SADV INJURY S 4,500,000 X UOUORUABILITY INCLUDED GENERAL AGGREGATE 5 28,00,00 GEM.AGGREGATE LIMIT APPLIES PER: I PRODUCTS-COMP/OP AGG 5 INCLUDED 1 X 1 POLICY I 1 PRO n LOC 5 B AUTOMOBILE IUBRITY CA 5196234(ADS) 01/01/2013 01101/2014 COMBINED SINGLE LIMIT • 1.000,000 I (Ea amdeml 5 B X ANY AUTO CA5196235(VA) 01/01/2013 01/01/2014 BOD&YINJURY(per paean) 5 B AUTO OWNED AUTOS SCHEDULED CA 5196236(MA) 01/0112013 01/012014 BODILY INJURY(Pe'accident) $ X HIRED AUTOS AUTOS NONOWgED PP OPERTY DAMK'E S ( r at:anent)SELF-INSURED PHY.DMG. 5 UMBRELLA LIAR OCCUR EACH OCCURRENCE $ EXCESS UAB CLAIMS-MADE AGGREGATE $ DED I I RETENTIONS 5 A WORKERS COMPENSATION See Page Two for Policy Numbers 01/01/2013 01/01/2014 X WC STATU- OTH- AND EMPLOYERS'LIABILITY I TORY I IMRS I FR ANY PROPRIETORNARTNEFVEXECUTNE YIN NIA E.L.EACH ACCIDENT S 2'�'� OFFICER MEMBER EXCLUDED? (Mandatory In NH) E.L.DISEASE-EA EMPLOYE S 2,000,000 II ee deernbe OF O 2,000,000 DESCRIPTION OF OPERATIONS below - E.L.DISEASE-POLICY LIMIT S DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,U more space Is required) The Certifcate Haler is included as additional insured(except workers compensation)where required by written contact. • CERTIFICATE HOLDER CANCELLATION City of Salsa Kansas SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE do City Clerk THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN P.O.Box 736 ACCORDANCE WITH THE POLICY PROVISIONS. Salina KS 67402-0736 AUTHORIZED REPRESENTATIVE of Marsh USA Inc. I Yevgeniya Muyamina d n•ye` nitre T<net . ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 502406 LOC A: Boston ACC112 D ADDITIONAL REMARKS SCHEDULE Page 2 of 3 AGENCY NAMED INSURED MARSH USA,INC. CVS CAREMARK CORPORATION AND ITS SUBSIDIARIES AND AFFILIATES POLICY NUMBER ONE CVS DRIVE WOONSOCKET,RI 02695 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance WORKERS COMPENSATION DEDUCTIBLE PROGRAM: POLICY DATES:JAN 1,2013 TO JAN 1,2014 Ins.Co. Policy# States Covered A WC 019358776 AL,AR,AZ,CO,DE,GA HI,IA,IL,IN.KS.KY,LA MD.ME,MI,MO,MS,MT,NE,NH,NM,NV,NY,OK OR PA,SC,SD,TN, TX UT,VT,WV A WC 019158727 ND,WA WI,WY A WC 0193.59779 CA A WC019358778 MN A WC 019356775 FL EXCESS WORXERS COMPENSATION PROGRAM POLICY DATES:JAN 1,2013 TO JAN 1,2014 B WC 6636175 Excess Waters Compensa ion Set-Insured Retentions: DC,MA,OH,RI: 1500,000 CT,NC,NJ,VA: 51,000,0110 COVERAGE k Workers Compensation:Starry COVERAGE B:Employers L'atSy Units:5500,00015.A0,6015500,000 =MON POLICY CONDITIONS A Cannelton 2.We(Carrier)may cancel ttus poky by rtato a defray to the first Named Insured w teen roam of cancelaton at least a 10 days tetre the effective data of carcelaton if we cancel for non payment of premium I)Genial Wary Addtial Insured-Where Required Under Contact or Agreement language per endorsement 61712 OM): 6): SECTION II WHO IS AN INSURED.is amended to i tide as an additional halved: Any person or organDatTo b wtun you become obtga.'ed to include as an additional insured under this poky,as a result of any contact or agreement you enter into which requires you to famish haaance to that person or agaivaton of the type provided by this poky,but only with respect to tibia),aising out of your aperakms a premises owned by or rented tyre.However,the insurance provided will nit exceed the lesser of: The coverage aura knits of this poky,or •The coverage andkr Emits required by said contact or agreement 2)General LiaaEy Earlier Notre of Cancellation Provided By Us language per endorsement CG 02 24 1093: Number of Days Notice 90 Fa any sabtalby painted reason other than nonpayment of premium,the number of days required for note of cancelaton,as provided in paagmph 2.of either the CANCELLATION Cameron Poky Conddixh or as amended by an appkade sate cancellation endorsement is inaeased to the number of days shown in the Schedule above. 3)General Liab&ty Adrmce oCarcelaton b Entttes Ober The Named Insured Limited to E'MaI No:fcation per Clots Manuscript endorsement ht to event that the Insurer carrels this pally for any reason other than non payment of premium.and ACORD 101(2008101) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: S02406 LOC#: Boston ACOREir ADDITIONAL REMARKS SCHEDULE Page 3 of 3 AGENCY NAMED INSURED MARSH USA,INC. CVS CAREMARK CORPORATION AND ITS SUBSIDIARIES AND AFFILIATES POLICY NUMBER ONE CVS DRIVE WOONSOCKET,RI 02595 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance 1. The cancelanan eeectve date is prior to this coleys wrath date; 2 The Fest Named Inured is under an eastrig contra[thal obigation to notify a ar63cae holder when this poky is canceled(hereinafter,the'caticate Hdder(s)l:and has provided to the than,eater that a through its broker of record,the emai address of the contact at such entry, and the Insurer received this intonation after the First Named Insured received notice of cancelation of this poky and poor to this pokys cancelabm effective date,via an electronic spreadsheet that is acceptable to the Insurer, the Insurer veil provide advice at cercelanon(the'Advice)via email to such Cetcale Hades. Prootd the Insurer enairg the Advice,using the sbmzdn provided under this pricy by the Frst Named Insured,we save as pod that the Insurer has fully saasfIed its obigan=under blurs endasatert This endorsement does not affect in any way,coverage provided under this poky a the canretation of is pricy or the effective date thereof,err shall this endorsement invest any right in any entry not insured under this Pact The Maher Debtors apply to this endorsement 1.Fist Named Insured means the Named Insured shoran on the Decaratims Page of this poky. 2.Insurer means the iterate company shown in the header on the Declarations Page of this poky. Al other lens.cadsols and exclusions shall remain the same. ACORD 101 (2008(01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD