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License Agreement for Placement of Sanitary Sewer Lines and A Restaurant Grease Interceptor in City-Owned Downtown Plaza 111111111i�ii11111111111i11111111111111111111111111111111ERN 1111111IIIIIU REBECCA SEEMAN r:REGISTER OF DEEDS SALINE COUNTY KANSAS ;Book:1375 Page: 1542-1548 Receipt #: 129750 Recording Fee: $123.00 Pages Recorded: 7CN Date Recorded: 7/14/2020 8:45:33 AM Type of Document Agreement Total Recording Fees $123.00 Return Address CITY OF SALINA DEAN Book 1375 Page: 1543 LICENSE AGREEMENT FOR PLACEMENT OF SANITARY SEWER LINES AND A RESTAURANT GREASE INTERCEPTOR IN A CITY-OWNED DOWNTOWN PLAZA This License Agreement for private improvements in a downtown plaza ("License Agreement") is entered into this 2nd day of March 2020, by and between the City of Salina, Kansas ("City"), and Jiarong, LLC, a Kansas Limited Liability Company("Licensee"). Recitals A. The Licensee is the current record owner of the real estate commonly known as 112 South Santa Fe Ave., Salina, Kansas, which is legally described as follows (the"Property"): A portion of Lot One Hundred Sixteen (116) on Santa Fe Avenue, described as follows: Beginning at the Northeast corner of said Lot 116; thence on an NAD 83 Kansas North Zone bearing of South 00°08'47" West on the East line of said Lot 116 a distance of 36.2 feet; thence North 89°44'24" West a distance of 70.28 feet to the East line of the West 50.00 feet (Record) of said Lot 116; thence North 00°07'25" East on said East line a distance of 36.29 to the North line of said Lot 116; thence South 89°41'31" East on said north line a distance of 70.29 feet to the point of beginning, and the South Half(S1/2) of Lot One Hundred Fourteen (114) on Santa Fe Avenue in the Original Town (now City) of Salina, Saline County, Kansas. B. The Licensee owns a building located on the Property and Licensee's tenant is proposing to open and operate a restaurant within the building to be known as Barolo Grille. C. The City is the record owner of a plaza adjacent to the Property, which is legally described as (the"Plaza"): The North one half(1/2) of Lot One Hundred Twenty (120) on Santa Fe Avenue and the West Fifty feet (50') of Lots One Hundred Sixteen (116) and One Hundred Eighteen (118) on Santa Fe Avenue in the Original Town (now City) of Salina, Saline County, Kansas, more commonly known as "Strand Plaza." D. The Licensee's tenant wishes to install private sanitary sewer service lines and a grease interceptor in the Plaza to serve the restaurant. E. On July 8, 2019, the governing body of the City considered the recommendation of the Salina Business Improvement District No. 1 Design Review Board and approved Licensee's or Licensee's tenant's application to use a portion of the Plaza adjacent to the restaurant for an outdoor dining area. F. The governing body of the City has determined that under the circumstances allowing the Licensee to construct and maintain the improvements within the Plaza will not interfere with the public use of the Plaza. 1 Book 1375 Page: 1544 THE PARTIES therefore agree and covenant: 1. Grant of License. The City grants a license to Licensee, subject to the terms of this License Agreement (the "License"), to use certain portions of the Plaza as depicted on the Project Site Plan attached hereto as Exhibit A (the"Licensed Plaza") for the limited purposes of: a. Installing and maintaining private sanitary sewer lines in conformance with the approved Project Site Plan; and b. Installing and maintaining a grease interceptor in a landscape planter located within the Plaza in conformance with the approved Project Site Plan (the "Grease Interceptor"). 2. Restoration of Landscape Planter. The Licensee and its contractors shall be responsible for fully restoring the Plaza and landscape planter to their original condition following installation of the sanitary sewer lines and grease interceptor. Such restoration work shall be performed by the Licensee and/or their contractors at no expense to the City. The restoration work shall be subject to the review and approval of the Public Works Department. 3. Restoration of Plant Materials. The Licensee and its contractors shall be responsible for fully restoring any plant materials removed from the landscape planter as part of the installation of the Grease Interceptor. The Licensee shall submit a replacement planting plan for review and approval by the City Forester prior to installation of any plant material in the landscape planter. 4. Cost of Watering. The Licensee shall be responsible for the cost of the water necessary to properly irrigate the landscape planter. 5. Landscape Maintenance. Licensee shall maintain the landscape planter 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 the landscape planter shall be subject to periodic inspection by the zoning administrator, or an authorized representative, to determine compliance with the planting plan and the requirements of this section. When the landscaping has not been installed, maintained, or replaced to comply with the approved planting plan or the requirements of this section a written corrective order shall be issued to the Licensee. 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 order by the end of the next following planting season may, at the option of the City, result in termination of the License. 6. Indemnification and Hold Harmless. Licensee shall indemnify and hold and save the City, its officers, employees, agents, and contractors harmless from any loss, cost, expense, penalty, damage, or judgment, including attorney fees that may arise from the Licensee's use of the Licensed Plaza. 7. Title. By granting this license the City does not warrant title to or the right to possess and occupy the Licensed Plaza. In the event that it is determined that the City is not entitled to 2 Book 1375 Page: 1545 possess and utilize the Licensed Plaza, this License Agreement shall terminate and the Licensee shall quit and surrender its use of the Licensed Plaza in compliance with this License Agreement. 8. Term of License. The License shall commence upon execution of this License Agreement and shall continue until the earlier of: a. Termination of the License by the Licensee at any time after no less than 60 days notice from Licensee to the City. b. Termination of the License based upon Licensee's failure to restore or maintain the Licensed Plaza as provided in Sections 2, 3, and 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 Licensee by the City that the public interest is best served by the use of the Licensed Plaza 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 8.c, and upon request by the City, Licensee shall remove and/or modify the sewer lines and Grease Interceptor without cost to the City. 9. 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 Licensee: Jiarong, LLC 1217 Larkspur Lane Salina, KS 67401 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 the 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. 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 every term of this License Agreement shall continue in full force and effect with respect to any other then existing or subsequent breach thereof. 3 Book 1375 Page: 1546 13. Binding Effect. The City and the Licensee agree that this License 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's authorized or permitted successors and assigns, and any subsequent owners of the Property. {Signature Page Follows} 4 Book: 1375 Page: 1547 EXECUTED the day and year first above stated. CITY OF SALINA, KANSAS By: er ��. . Michael L. opp• 17,1Mayor ATTEST: Wald-1/0 tVa Shandi Wicks, CMC, City Clerk JIARONG, LLC By: Yi g Lin, Member STATE OF KANSAS, COUNTY OF SALINE, ss: On this 9441 day of (fl it , 2020, before me a Notary Public in and for said state, personally appeared Michael L. Hoppock, Mayor of the City of Salina, Kansas and Shandi Wicks, 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, Kansa.. , /1/ CYNTHIA S. WOLFF EWE Notary i=uurc • Statepof Kansas Notary Pu i�is / I MyAppt.Expires /0-O..o20aao`L Printed Name: ft IQ v, , * t' STATE OF KANSAS, COUNTY OF SALINE, ss: On this c day of R-C1 .. , 2020, before me a Notary Public in and for said state, personally appeared Ying Lin, Member of Jiarong, LLC, 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 said limited liabi 'ty company. MELISSA R. BIXBY IL/ �^ I 41-1-°' Notary Public-Stat fill of K nsas Notary Public My Appt.Expires**--/ It rr Printed Name: I1e.1 l :,mss to 5 Bock_ 3375 Page•J50$ EXHIBIT A • EMEND TO CITYSVIER Original proposed PROJECT SITE PLAN MAINm AND CONNECT PER © location • CREQUIREMENTS.-- 4•GCO PROVIDE 1000 GALLON CONCRETE 4• ' I INSPECTION PORT GREASE INTERCEPTOR.INSTALLED 4 PER MMIFACTDRER OW. roe 10 rFo SO 4 RECOMMENDATIONS. line. lie PA 2--Li--.11-D ,--azu 1 ..1%, • li�-� 0 w: JI I P1.1 I � 1 ■' r N . IL.,/,* •Ilio`°" I ' 0 atm: 1 rli ri 0 _ ® � IIS 18 ? L N-w Proposed ' f—i I L• .don II10 \ \ Or I W, I I 4• I I II 0 I #A ♦ Ihir 1 LiJ 61 4 pir .41.4 iftligok ilit -3. 4• eI• ® r I V IIIr 0 0 . I� r I o 0 _O SAV) ' xl'}3" �I 1 E 3U I 1 ll�� O I IIt 4• � • 4FC0 711 - � c4Il IIII �_Ir , 1�� 3•Fp III 2-211(i) FD — fli.; 4 _ OI I ri 1 T • 1 �sDOe P3 I r '' `` S, - r _J I ■. ■■ a!, 1 r.0*1, 1. 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