License Agreement - 111111111111111111111111 11111 1111111111 111111 11111 11111 11111 110 1111111111111
REBECCA SEEMAN
REGISTER OF DEEDS SALINE COUNTY KANSAS
1145-1150-•.�Book:1352 Page:e.
Receipt #: 121422 Recording Fee: $106.00
Pages Recorded: 6C,N
Date Recorded: 2/15/2019 1:20:31 PM
LICENSE AGREEMENT
This License Agreement ("Agreement") is entered into this 2541 day of January, 2019, by
and between the CITY OF SALINA, a Kansas municipal corporation (the "City"), and SAMY'S
OC, LLC,a Kansas limited liability company("Licensee").
Recitals
A. Licensee owns and operates a restaurant known as the Old Chicago Pizza and
Taproom in a building addressed as 214 South Santa Fe (the "Building") located on the following
described real estate:
Lot 146 and the North half(N '/z) of Lot 148 on Santa Fe Avenue in the Original
Town(now City)of Salina, Saline County, Kansas
(the"Property")
B. On January 25, 2018, the Salina Business Improvement District Design Review
Board considered a Certificate of Compatibility application submitted by Licensee and approved a
Certificate of Compatibility authorizing Licensee's proposed renovations to the front and rear
restaurant building facades, including proposed awnings,canopies and exterior signage.
C. The Property is seventy-five (75) feet wide and one hundred twenty (120) feet deep.
The Building extends to the abutting South Santa Fe Avenue and rear alley right-of-way and is
located in the C-4 (Central Business District).
D. The Licensee wishes to erect a metal canopy and a 17.5 ft. wide x 5 ft. tall canvas
awning extending off of the west wall of the building which would extend into and over the public
alley right-of-way to provide a covered entryway for customers using the entrance to the restaurant
building and to provide identification signage for the restaurant(the"Improvements").
E. Construction of the Improvements can only be accomplished by spanning a portion
of the public alley abutting the building as depicted on the attached and incorporated Exhibit A (the
"Right-of-Way").
F. The City staff 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 Right-of-Way because it is not currently open to vehicular traffic and the canopy
and awning can be removed if necessary to allow utility work to be performed in the Right-of-Way.
Book 1352 Page: 1146
THE PARTIES THEREFORE AGREE:
1. Grant. The City hereby grants a license to the Licensee to construct and maintain the
Improvements over and across the Right-of-Way (the "License"), subject to the terms of this
Agreement.
2. Use of Right-of-Way. In the use of the Right-of-Way under this 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 coordination, beautification, and
other requirements and limitations on the use of the public right-of-way 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 the placement of the canopy and awning in a manner which minimizes
adverse impact on public improvements, as reasonably determined by the City. The
proposed awning shall extend no farther than five (5) feet over the Right-of-Way and
must be a minimum of eight(8) feet above the Right-of-Way.
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 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. All materials, plans, and installation of the Improvements shall be in
accordance with the plans approved by the Downtown Design Review Board. Licensee
or its contractor shall provide the City all required plans relating to installation of the
Improvements. The City reserves the right to request adjustments to the plans approved
by the Design Review Board if City determines there are potential conflicts with the
public use of the Right-of-Way.
D. The Licensee shall promptly relocate or adjust the Improvements located in
the Right-of-Way for any project planned or undertaken by the City of 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
Agreement pertaining to such.
2
Boric 1352 Page: 1147
E. The Licensee shall notify the City not less than three (3) working days in
advance of any construction, reconstruction, repair, or relocation of the Improvements
which would require closure of the Right-of-Way. The City shall follow its policies in
the grant or denial of such alley closure, which shall not be unreasonably delayed. In
addition, all work performed in the traveled way in the adjacent public parking lot 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.
3. Title. By granting the 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.
4. Terms of License. The License shall commence upon execution of this Agreement
and shall continue until the earlier of:
A. Discontinuation of the 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
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 to conflict with the Licensee, and that the License
shall terminate no less than 180 days following such notice.
5. Responsibilities Upon Notification of Termination. If notice or termination of the
License is given pursuant to paragraph 4.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
Property.
6. 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 to the Right-of-Way or its condition. The 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.
7. Indemnification and Hold Harmless. The Licensee shall defend, indemnify,and hold
harmless the City, its agents, representatives, officers, officials, and employees from an 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.
3
Book 1352 Page: 1148
8. 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
do City Clerk
P.O. Box 736
Salina, KS 67402-0736
Licensee: Samy's OC, LLC
do Amro Samy, Manager
2125 Buffalo Heights
Garden City, KS 67846
samy(i4 gcclarioninn.com
9. 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.
IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed by
their authorized representatives.
(The balance of this page is intentionally blank—signature page follows.)
4
Boolc 1352 Page: 1149
CITY OF SALINA, KANSAS ("CITY") SAMY'S OC, LLC ("LICENSEE")
moi,,-..,, A) 1 , P41
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By: By: �/
Trent W. Davis, MD,Mayor Amro S. • , Managing Member
A 1-1p.ST:
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By: 2Ia4tLA 1.0 IPA
Shandi Wicks,CMC, City Clerk
STATE OF KANSAS,COUNTY OF SALINE, ss:
4%, Febtvoill
This instrument was acknowledged before me on the I I day of..Lan , 2019 by Trent
W. Davis, MD, as Mayor of the City of Salina, Kansas, and Shandi Wicks as City Clerk for the
City of Salina, Kansas.
My appointment expires:
LNotary EANPublicN M. JOeHNof KansasSON � Publ.
-Stat
MyAppt.Expires(,ftz(,JWVL L..ezxnn M. Ta'lnsaix
STATE OF KANSAS, COUNTY OF SALINE, ss:
This instrument was acknowledged before me on thea' day of January, 2019 by Amro
Samy as Managing Member of Samy's OC, a Kansas limited liability company.
My appointment expires:
i . 2 ,...,11
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. �;�.:� ; �svY Ac_oici (t Davis
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