License Agreement- Signage REBECCA SEEMAN
°t.PEGISTER OF DEEDS SALINE COUNTY KANSAS
,Book: 1301 Page: 1031-1038
.•''."".:: j'' Receipt °: 10159B Recording Fee: 468.00
Pages Recorded: 9 C N &cn_ a3a,w.n_-
Date Recorded: 8/26/2015 9:51:56 AM
Grantor
Grantee
Type of Document License Agreement
Recording Fees $68.00
Mtg Reg Tax $0.00
Total Amount $68.00
Return Address RM 206 - MIKI
Book : 1301 Page : 1032
LICENSE AGREEMENT
This License Agreement is made this
An day of August, 2015, by and between the City
of Salina, Kansas, a municipal corporation (the "City") and Payne Oil Company, Inc., a Kansas
corporation (the "Licensee").
RECITALS
A. Payne Oil Company, Inc. is the record owner of certain real estate and
improvements commonly known as 510 and 514 E. Iron Avenue, and legally described as follows
(the"Property"):
The West Thirty (30) feet of Lots Fifty-Four (54) and Fifty-Five (55) and the East
Thirty (30) feet of the West Sixty (60) feet of Lots Fifty-Four (54) and Fifty-Five
(55) on Front Street in the Original Town (now City) of Salina, Saline County,
Kansas(more commonly referred to as 510-514 East Iron Avenue).
B. The Property is sixty (60) feet wide and one hundred (100) feet deep, and the two
existing buildings on the Property extend to the abutting East Iron Avenue right-of-way.
C. The Licensee wishes to install signs attached to new awning structures on the north
facade of the two buildings which would extend into and over the abutting East Iron Avenue right-
of-way to provide identification signage for building tenants (the "Improvements").
D. Construction of the above described Improvements can only be accomplished by
spanning a portion of the public sidewalk abutting the buildings as depicted on the attached and
incorporated Exhibit A.
E. The City has concluded that under the circumstances, allowing the Licensee to
construct the proposed Improvements in the proposed location will not interfere with the current
public use of the 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 awning and identification signs (the `Improvements") 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 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
Book : 1301 Page : 1033
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 Improvements in a manner which minimizes adverse impact on public
improvements, as reasonably determined by the City. The proposed Improvements shall
extend no farther than three (3) feet over the Right-of-Way 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 its 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 Improvements 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 Improvements 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 Improvements 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 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.
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
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.
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Book : 1301 Page : 1034
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 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 the
City's ordinances may be additional to or stricter than such minimum standards.
3. Indemnification and Hold Harmless. The Licensee shall defend, indemnify, and
hold harmless the City, its agents, representatives, officers, officials, and employees from and
against any and all claims, damages, losses,judgments and expenses (including but not limited to
attorney fees and court costs) that may arise from or in any way relate to this Ageement or the
use or occupation of the Right-of-Way by the Licensee, its 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 Improvements in the Right-of-Way in compliance with this
License Agreement.
5. Breach of License Agreement. In the event that the Licensee uses the Improvements
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
terminate. Upon such termination of this license, the Licensee will quit and surrender its use and
dismantle the Improvements 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;
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 6 above.
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Book : 1301 Page : 1035
7. Removal of Improvements. Upon termination of this License Agreement, the
Licensee shall have the right to remove the Improvements 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 Improvements, it shall within the permitted time period restore the Right-of-Way from which
the Improvements are removed to as good a condition as existed prior to the removal. In the event
the Licensee should exercise its right to remove the Improvements 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. All notices required or permitted to be given pursuant to this Agreement
shall be in writing and delivered personally or sent by registered or certified mail, return receipt
requested, or by generally recognized, prepaid, commercial courier or overnight air courier
service. Notice shall be considered given when received on the date appearing on the return receipt,
• but if the receipt is not returned within five (5) days, then three (3) days after mailed, if sent by
registered or certified mail or commercial courier service; or the next business day, if sent by
overnight air courier service. Notices shall be addressed as appears below for each party, provided
that if any party gives notice of a change of name or address, notices to the giver of that notice shall
thereafter be given as demanded in that notice.
CITY: City of Salina, Kansas
do City Clerk
P.O. Box 736
Salina, KS 67402-0736
LICENSEE: Payne Oil Company, Inc
do David Payne
P.O. Box 671
Salina, Kansas 67402-0671
9. Assignment of License. The Licensee shall not assign this License or any interest
therein without the prior written consent of the City.
10. 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.
11. Amendments. Neither this License Agreement nor any of its terms may be changed
or modified, waived, or terminated except by an instrument in writing signed by an authorized
representative of the party against whom the enforcement of the change, waiver, or termination is
sought. Any such amendment may be recorded and indexed to the Property in the Records of the
Saline County Register of Deeds.
12. Waiver. No failure or delay by a party hereto to insist on the strict performance of any
term of this License Agreement, or to exercise any right or remedy consequent to a breach thereof;
shall constitute a waiver of any breach or any subsequent breach of such term. No waiver of any
breach hereunder shall affect or alter the remaining terms of this License Agreement, but each and
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Book : 1301 Page : 1036
every term of this License Agreement shall continue in full force and effect with respect to any
other then existing or subsequent breach thereof.
13. Binding Effect. This License Agreement shall be binding upon the parties, their
successors, and authorized assigns, and shall be binding upon and run with the Property. A copy of
this Agreement may be recorded and indexed to the Property in the records of the Saline County
Register of Deeds.
(Signature Page Follows)
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Book : 1301 Page : 1037
• EXECUTED the day and year first above stated.
CITY OF SALINA, KANSAS
P 0
By: " nter&
en R. : at-chard,chard, Mayor
ATTEST:
Jas A. Gage, City onager
PAYNE OIL COMPANY, INC.
By:
avid A. Payne, Presid tc�
ACKNOWLEDGEMENTS
STATE OF KANSAS, COUNTY OF SALINE, SS:
This instrument was acknowledged before me on August 95 , 2015, by Jon R. Blanchard
as Mayor and by S Jason Gage,City Manager of Salina, Kansas.
MICHELE R.ORR-MUTHS \ AA vvy
Notary puelic- State of Ka1s \\\UMyAppt.Expires�—It-{—I'� n ` I-� '\\`
Notar Publics/M�;one\
STATE OF KANSAS, COUNTY OF SALINE, SS:
This Instrument was acknowledged before me on August 2 , 2015, by David A. Payne.
President of Payne Oil Company, Inc.
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Notary Public: tuisE ► PES
spy N LOU ISE DUPES
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. . . • Book: 1301 Page : 1038
EXHIBIT A
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