License Agreement 'I III�JIII�ii��������������������1111111111�IIi III III�IIIl IIIA IIII II I CJI liii IIIA
REBECCA SEEMAN
REGISTER OF DEEDS SALINE COUNTY KANSAS
.-1Book:1339 Page: 886-889
Receipt #: 115385 Recording Fee: $72.00
Pages Recorded: 4G Ai
Date Recorded: 2/16/2018 11:07:56 AM
LICENSE AGREEMENT
This License Agreement is entered into this 2nd day of May, 2016, by and between the
CITY OF SALINA, KANSAS ("City") and 104 N. Santa Fe, LLC, a Kansas limited liability
company("Licensee").
Recitals
A. Licensee owns certain real estate ("the Property") commonly known as 104 N. Santa
Fe Avenue, Salina, Kansas, and bearing the following legal description:
Lot One Hundred and Five (105) and the North half of Lot One Hundred and Seven •
(107) on Santa Fe Avenue, in the Original Town (now City) of Salina, in Saline
County, Kansas.
B. The City is the holder of a public right-of-way ("Right-of-Way") adjacent to and
abutting the East side of the building located on the Property, which is currently used as an alley-
way.
C. Licensee wishes, as part of the redevelopment of the Property, to install a metal step
with a metal handrail along the East side of the building, for entry and exit purposes ("the
Improvements"), which will extend approximately one and one-half feet into the City's Right-of-
Way.
D. The City's Public Works Department has concluded that under the circumstances,
allowing Licensee to maintain the Improvements in the proposed location will not interfere with the
current public use of the Right-of-Way.
THE PARTIES THEREFORE AGREE:
1. . Grant of License. The City grants a license to Licensee for the construction and
maintenance of the Improvements as shown on the attached and incorporated Exhibit "A" (the
"License').
2. Term of License. The License shall commence upon execution of this License
Agreement and shall continue until the earlier of:
A. Discontinuation of use of the Improvements, for a period in excess of sixty
(60) consecutive days, as constructed and maintained at the location depicted on Exhibit A;
or
Book 1339 Page: 887
B. Notification of 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 180 days following such notice.
3. Responsibilities Upon Notification of Termination. If notice of termination of the
License is given pursuant to paragraph 2.B, Licensee must remove that portion of the Improvements
that extend over the Right-of-Way no later than the designated license termination date. If Licensee
fails to remove that portion of the Improvements that extend over the Right-of-Way prior to the
License termination date, the City may cause the necessary work to be performed and charge the
cost of the work against Licensee and/or assess the costs as a special assessment against the real
estate upon which the Improvements are located.
4. No Representations. Licensee agrees that the City has made no representations to it
with respect to the Right-of-Way or its condition, and that it is not relying on any representations of
the City or its agents with respect to the Right-of-Way or its condition. This License grants the
licensee a license to use the Right-of-Way in its present condition, "as is," without any warranties,
representations, or assurances from the City.
5. 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 Agreement or the
Licensee's use of the Right-of-Way.
6. Notices. Any notice to either party shall be sufficient if mailed by United States
mail,postage prepaid, at the following addresses:
City of Salina, Kansas
do City Clerk
P.O. Box 736
Salina, KS 67402-0736
104 N. Santa Fe, LLC
do Roger W. Mattison
104 North Santa Fe Avenue
Salina, KS 67401
7. Binding Effect. The City and Licensee agree that this Agreement shall be recorded
with the Office of the Saline County Register of Deeds and shall be indexed to the Property. This
License shall "run with the land" in relation to the Property and shall be binding upon and inure to
the benefit of the Licensee, its authorized or permitted successors and assigns, and any subsequent
owners of all or any portion of the Property.
2
Book 1339 Page: 888
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by their authorized representatives.
CITY OF SALINA KANSAS ("CITY") 104 N. SANTA FE, LLC ("LICENSEE")
By: 4 O , _R.._ By: tilia
Karl F. Ryan, Mayor Roge W. Mattison, Managing Member
Date: 02- I -c.140 Date: &-1-'01$
ATTEST: By: eldfOrna ) 1%-b &
By: [ Lt-1 Oda- Edward A. Vidricksen, Managing Member
Shandi Wicks, CMC, City Clerk Date: 2•-7-00I S
STATE OF KANSAS, COUNTY OF SALINE, ss:
This instrument was acknowledged before me on the /` +` day of February, 2018, by Karl
F. Ryan as Mayor of the City of Salina, Kansas, and Shandi Wicks as City Clerk for the City of
Salina, Kansas.
My appointment expires: /0- g-aO IS t - I, /
+
If �, .I
t6 CYNTHIA S. WOLFF Not. i Public - Girt#hla S I ll--k
NotaryPublic- Sta' of Kansas `.J
MyAppt.Expires .IOSt ATV_ 4q(a5
STA I E OF KANSAS, COUNTY OF-4Ass:
rej.
This instrument was acknowledged before me on the -7 day of 3eeaaFy, 2018 by Roger
W. Mattison as a Managing Member of 104 N. Santa Fe, LLC, a Kansas limited liability
company.
NOTARY PUBLIC-State of Kansas
My appointment expir DE&K WAGGONER
My APPI E.Plrns e _ \ `
I
Notary Public - C i . N/o ppe('
STATE OF kGr,5c5 , COUNTY OF 0o ,, , (c., S , Ss: T�
This instrument was acknowledged before me on the 7 day of February, 2018 by
Edward A. Vidricksen as a Managing Members of 104 N. Santa Fe, LLC, a Kansas limited
liability company.
•
My appointment a pir :
NOTARY PUBLIC-State of Kansas
_ _ DE&K.WAGGONER �,(��.-- ' JC"
=rUIi= My APPI E.P'res 4Y de f Otary Public - Debi Kr.t/t„gO,y-
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