Amended and Restated Sidewalk Cafe License Agreement AMENDED AND RESTATED
SIDEWALK CAFÉ LICENSE AGREEMENT
This Amended and Restated Sidewalk Café License Agreement ("Agreement") is entered
into this ►ft day of September, 2020("Effective Date"),by and between the CITY OF SALINA, a
Kansas municipal corporation(the"City"), and JKSK CORP,a Kansas corporation("Licensee").
Recitals
A. Licensee operates a restaurant to be known as the Barolo Grille in a building
located on the following described real estate:
A portion of Lot 116 on Santa Fe Avenue,described as follows:
Beginning at the Northeast corner of said Lot 116; thence on a NAD 83 Kansas
North Zone bearing of South 00°08'47" West on the East line of said Lot 116 a
distance of 36.23 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(8 1/2)of Lot One Hundred Fourteen (114) on Santa Fe Avenue in
the Original Town of Salina, Saline County,Kansas.
The above described property is addressed as 112 South Santa Fe Avenue.
B. On June 13, 2019, the Salina Business Improvement District Design Review Board
(the "Design Review Board") considered the Application submitted by Licensee and approved a
recommendation to the Salina City Commission that the Licensee be allowed to use plaza portion of
Strand Plaza for plaza dining purposes, subject to 1)the condition that design of the fence anchoring
system must conform with the design cut-sheets presented at the June 13, 2019 Design Review
Board meeting; and 2) an authorized increase in the maximum size of the plaza dining area from the
200 square feet allowed by code to 608 square feet, as requested by Licensee.
C. On July 8, 2019, the Salina City Commission considered the recommendation of the
Design Review Board and approved Licensee's Application to use Strand Plaza for plaza dining
purposes, and the City and Licensee entered into a Sidewalk Café License Agreement dated July 8,
2019("Original Agreement").
D. Licensee wishes to remove the existing tree within the standalone concrete
landscape planter located in the northeast portion of the sidewalk dining area, and to install a
sculpture base, sculpture, and new landscaping within the landscape planter, and the parties wish to
amend and restate the Original License Agreement to set forth the terms and conditions under which
Licensee shall be allowed to remove the tree and install the sculpture base, sculpture, and applicable
landscaping.
THE PARTIES THEREFORE AGREE AND COVENANT:
1. Grant of Non-exclusive License. The City grants a non-exclusive license to
Licensee for construction and maintenance of the outdoor seating area as depicted on the attached
and incorporated Exhibit A — Site Plan that accompanied Licensee's Application (the "Site Plan"),
subject to the terms and conditions set forth in this Agreement and the following conditions and
approvals:
(a) The design of the fence anchoring system must conform with the design cut-sheets
presented at the June 13,2019 Design Review Board meeting.
(b) Pursuant to Salina Code Section 35-268(2), an increase in the maximum size of the
plaza dining area from 200 square feet to 608 square feet, as requested by Licensee, is
approved.
(c) Licensee shall be allowed to remove the existing tree within the standalone concrete
landscape planter located in the northeast portion of the plaza dining area, subject to the
following terms and conditions:
1. Licensee shall remove the tree within ninety (90) days following the Effective
Date of this Agreement. Licensee shall furnish all labor and equipment, at
Licensee's sole cost and expense, associated with removal of the tree and
implementation of the conditions set forth in this subsection(c).
2. Subject to the provisions of subsection (c)(8) below, within ninety (90) days
after removal of the tree, and at Licensee's sole cost and expense, Licensee
shall repair the cracks and damage to the concrete planter existing as of the
Effective Date of this Agreement. Licensee's repair work shall be subject to
approval by the city manager, following inspection by the City's Public
Works Department.
3. A sculpture base, meeting the design and safety standards identified by the city
manager and Salina Sculpture Tour, Inc., and a sculpture acquired or borrowed
from Salina Sculpture Tour, Inc., shall be installed in the landscape planter, in
the location depicted in Exhibit A.1 (the "Landscape Plan") attached hereto,
within three hundred and sixty-five(365)days after removal of the tree.
4. Subject to the provisions of subsection (c)(8) below, Licensee and its
contractors shall be responsible for fully restoring the plaza and landscape
planter to their original condition following removal of the tree and
installation of the sculpture base and sculpture. Such restoration work shall be
performed by the Licensee and/or its contractors at no expense to the City.
The restoration work shall be subject to approval by the city manager,
following inspection by the City's Public Works Department.
5. Licensee shall maintain the sculpture and sculpture base in good condition and
repair, and Licensee shall, at its sole cost and expense, and to the reasonable
satisfaction of the City, remove, repair, or replace the sculpture, as applicable,
within ninety (90) days in the event that the sculpture is damaged or removed.
Any repair or replacement work shall be subject to the requirements of this
subsection (c), in the same manner as such terms and conditions apply to the
original sculpture installation.
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6. Subject to the provisions of subsection (c)(8) below, Licensee shall install
replacement landscaping in the landscape planter within ninety (90) days
following the Effective Date of this Agreement, or concurrently with installation
of the sculpture, whichever occurs first; provided, however, that Licensee shall
submit a Landscape Plan for review and approval by the City Forester prior to
installation of any plant material in the landscape planter.
7. Subject to the provisions of subsection (c)(8) below, 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 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.
8. Notwithstanding any other provision in this Agreement, if Licensee's removal
of the tree causes damage to the concrete planter that, in the discretion of the city
manager, makes repair or restoration of the planter unreasonable or
impracticable, Licensee shall be permitted to remove the concrete planter in its
entirety, repair and restore the plaza, and install in the place of the original
planter a sculpture base, meeting the design and safety standards identified by
the city manager and Salina Sculpture Tour, Inc., and a sculpture acquired or
borrowed from Salina Sculpture Tour, Inc.. If the city manager authorizes
Licensee to remove and replace the planter in accordance with this subsection,
the removal, repair, and restoration work to be performed by Licensee or its
contractors shall be subject to the review and approval of the Public Works
Department. Any sculpture base and sculpture installed by Licensee pursuant to
this subsection shall be maintained in the same manner as required by subsection
(c)(5) above. If this Agreement is terminated for any reason, the sculpture base
and sculpture installed by Licensee pursuant to this subsection shall be removed
by Licensee in the same manner as other fixtures are required to be removed
from the plaza pursuant to Salina Code Sec. 35-269 or the city manager on
behalf of the City may choose to accept the sculpture base as a permanent fixture
The remainder of Licensee's Application is also attached and incorporated herein as Exhibit B —
Application.
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2. Incorporation of City Code Provisions and Regulations. The provisions of Chapter
35, Article XII of the Salina Code ("Article XII"), attached as Exhibit C and regulations adopted
pursuant thereto, attached as Exhibit D, including any future amendments to Article XII and
regulations adopted pursuant thereto, are incorporated as if set forth fully herein and shall be
binding upon and enforceable against Licensee.
3. Term of Agreement. This Agreement shall commence upon the City's execution of
this Agreement, shall expire at midnight on May 1, 2021, and may be renewed on an annual basis
pursuant to Article XII.
4. No Limitation of City Remedies. In addition to or as an alternative to remedies
provided in Article XII, the City may cause to be instituted any appropriate proceeding at law or in
equity to restrain, correct or abate any violation of the provisions of Article XII or this Agreement,
or of any order or direction made pursuant thereto.
5. Notices. Any notice to either party shall be sufficient if mailed by regular mail at the
following addresses:
City: City of Salina, Kansas
c/o Zoning Administrator
P.O. Box 736
Salina, KS 67402-0736
Licensee: JKSK Corp
do Jason Cao, President
1217 Larkspur Lane
Salina, Kansas 67401
daimaruks@yahoo.com
with a copy to:
Property Jiarong LLC
Owner: 1217 Larkspur Lane
Salina, KS 67401
6. Agreement Not Assignable. This Agreement is unique to the application of
Licensee. Licensee shall not be permitted to transfer, assign, sublet or convey any rights in the
plaza dining area given to Licensee pursuant to this Agreement.
7. No Real Property Rights. While Licensee may control the plaza dining area
pursuant to this Agreement to the extent necessary to conduct activities authorized by this
Agreement pursuant to Article XII, Licensee shall not be considered to be a real property tenant or
lessee. Nothing in this Agreement shall be construed to convey any interest in the real property
comprising the plaza dining area beyond that of a contractual license subject to the terms of this
Agreement.
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8. Severability. The unenforceability, invalidity, or illegality of any provision of this
Agreement shall not render the other provisions unenforceable, invalid,or illegal.
9. Waiver. No failure or delay by a party hereto to insist on the strict performance of
any term of this 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 Agreement, but each and every term of
this Agreement shall continue in full force and effect with respect to any other then existing or
subsequent breach thereof.
10. Interpretation.
a. Headings. The headings of the sections of this Agreement are included for
the purposes of convenience only and shall not affect the interpretation of
any provision hereof.
b. Definitions. Terms used, but not defined, in this Agreement shall have the
same meaning as those terms in Article XII.
11. Merger Clause. These terms are intended by the parties as a complete, conclusive
and final expression of all the conditions of their agreement. No other promises, statements,
warranties, agreements or understandings, oral or written, made before or at the signing thereof,
shall be binding unless in writing and signed by all parties and attached hereto.
12. Binding Effect. This Agreement shall be binding upon the Licensee's heirs,
beneficiaries,personal representatives,trustees, and successors in interest.
{Signature page follows}
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Executed the day and year first above written.
CITY OF SALINA, KANSAS
By:
Michael L. Hoppoc., V ayor
ATTEST:
Shandi Wicks, CMC, City Clerk
JKSK CORP
By: 4,411,
4
Jason Cao,Presiders
STATE OF KANSAS,COUNTY OF SALINE, SS:
This instrument was acknowledged before me on September / , 2020 by Jason Cao, as
President of JKSK Corp.
as.
NOTARY PUBLIC•State of Kansas Notary Public
ANN MIKKELSON
My Appt.Exp."725 21
Printed Name: � fn.kf /S0-,
STATE OF KANSAS,COUNTY OF SALINE, SS:
This instrument was acknowledged before me on September I , 2020 by Michael L.
Hoppock, as Mayor and by Shandi Wicks as City Clerk of Salina, Kansas.
ALLISON HAMM otary Public
Notary Public-State of Kansas
My Appt.Expires 10-29-2.6
Printed Name: A\\ASO x-\01 M YY\
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