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Wheat State One Grease Interceptor Agreement (Recorded with ROD) 1 iii i ii iiia ilii iii ii iii ilii hili i ii i iiia 1 ii illi iii ii ilii REBECCA SEEMAN � •�"•;;;?.. REGISTER OF DEEDS SALINE COUNTY KANSAS a i'i'�4i6Tf A'A� tti,,;f,,9: ,;Book:1435 Page: 90-98 \ ;Z/Receipt #: 150964 Recording Fee: $157.00 M"" Pages Recorded: 9n_I Date Recorded: 2/6/2024 3:42:49 PM Type of Document Agreement Total Recording Fees $157.00 Return Address CITY OF SALINA DEAN 205 Book: 1435 Page: 91 LICENSE AGREEMENT FOR PLACEMENT OF A RESTAURANT GREASE INTERCEPTOR IN A CITY-OWNED DOWNTOWN PLAZA This License Agreement for private improvements in a city-owned downtown plaza("License Agreement")is entered into this 6th day of December 2021,by and between the City of Salina,Kansas ("City") and Wheat State One, LLC, a Kansas limited liability company, ("Licensee"). Recitals A. The Licensee is the current record owner of the following real estate located in the City of Salina, Kansas (the"Property"): The South Half(S1/2)of Lot One Hundred Nineteen(119)on Santa Fe Avenue in the Original Town(now City) of Salina, Saline County, Kansas. The above described property is addressed as 123 South Santa Fe. B. The Licensee owns a building located on the Property and Licensee's tenant, Wheat State Hospitality,Inc., ("Licensee's Tenant")is proposing to open and operate a restaurant within the building to be known as the Prickly Pear Grill and Cantina. C. The City is the record owner of property legally described as: Lot One Hundred Twenty One(121) on Santa Fe Avenue in the Original Town(now City) of Salina, Saline County, Kansas,more commonly known as "Campbell Plaza" (the "Plaza"). D. The Licensee's Tenant wishes to install private sanitary sewer service lines and a grease interceptor serving the restaurant in the Plaza such that the grease interceptor would be placed in a landscape planter located within the Plaza. E. On November 15, 2021, the Governing Body of the City considered the recommendation of the Salina Business Improvement District No. 1 Design Review Board and approved Licensee.'s Tenant's application to use a portion of the Plaza adjacent to the restaurant for an outdoor dining and recreation area. F. The Governing Body of the City has determined that under the circumstances allowing the Licensee to construct and maintain the private sanitary sewer lines and a grease interceptor within the Plaza will not interfere with the public use of the Plaza. 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 the Plaza as depicted on the attached and incorporated Exhibit A(the "Licensed Plaza") for the limited purposes of: a. Installing and maintaining private sanitary sewer lines (the "Private Sanitary Sewer Lines") in conformance with the approved Project Site Plan; and 1 Book 1435 Page: 92 b. Installing and maintaining a grease interceptor (the "Grease Interceptor") in a landscape planter located within the Plaza (the "Landscape Planter") in conformance with the approved Project Site Plan. 2. Restoration of the Licensed Plaza and Landscape Planter. The Licensee and/or its contractors shall be responsible for fully restoring the Licensed Plaza and Landscape Planter to their original condition following installation of the Private Sanitary Sewer Lines and the Grease Interceptor. 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 the review and approval of the Public Works Department. 3. Installation and Maintenance of Plant Materials. The Licensee and/or its contractors shall be responsible for installing and maintain plant materials placed in the Landscape Planter following the installation of the Grease Interceptor. The Licensee shall submit a 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 Planter 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 possess and utilize the Licensed Plaza,this License Agreement shall terminate and the Licensee shall quit and surrender their 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: 2 Book 1435 Page: 93 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 perform any of its obligations under this License Agreement, provided that such failure to perform has not been cured by Licensee within 60 days after 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 Private Sanitary 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: Timothy D. Blake Wheat State One , LLC 1617 W. Crawford Street 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 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 both the Plaza and 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. 3 O.Box 736 Book 1435 Page: 94 Sall .,KS 67402-0736 Licensee: Timothy D.Blake Wheat State 0 - ,LLC 1617 W.Crawfor• treet Salina,KS 67401 10. Invalidity in Part. If any clause, sentence, or .aragraph of this License Agreement sh. be held to be invalid, it shall not affect the validity of e remaining provisions of this ' •nse Agreement. 11.Amendments. Neither this License Agreement nor an of the to ••. may be changed or modified, waived, or terminated except by an instrument in w ' in igned by an authorized representative of the party against whom the enforcement of the c te,waiver, or termination is sought. 12. Waiver. No failure or delay by a party eto to insist on the str t performance of any term of this License Agreement,or to exercise -, y right or remedy consequen o a breach thereof, shall constitute a waiver of any breach or y subsequent breach of such term. o waiver of any breach hereunder shall affect or alter , remaining terms of this License Agreem••t, but each and every term of this License Agre-• ent shall continue in full force and effect with -spect to any other then existing or subsea . breach thereof. 13. Bindin! ffect. The City and the Licensee agree that this License Agreement •all be recorded wit e Office of the Saline County Register of Deeds and shall be indexed to bo the Plaza an• e Property. This License shall"run with the land" in relation to the Property and s' '11 be b' ing upon and inure to the benefit of the Licensee's authorized or permitted successors an. EXECUTED the day and year first above stated. CITY OF SALINA,KANSAS By: VIA/1-4t i-4.)9— Melissa Rose Hodges,Mayor / / drATTEST: r it JoVo;'a •rut erfor.,City Clerk WHEAT STATE ONE,LLC By: , �J Wesley E. :lake,Member By: 1 , Timothy D.Blake,Member Book 1435 95 STAlL OF KANSAS,COUNTY OF SALINE,ss: This instrument was acknowledged before me on Oecerrrftr . , 202/.eby Melissa Rose Hodges as Mayor of the City of Salina, Kansas, and JoVonna A. Rutherford as City Clerk for the City of Salina,Kansas. `.1- --•`6th::°F'••, ASHLEY RUSSELL Notary Public (.J *i"a`•"-R" *= My Appointment Expires P,euc Printed Name: CC ;,t ^,; August 30,2022 J� STATE OF KANSAS,COUNTY OF SALINE,ss: This instrument was acknowledged before me on December d,2021,by Wesley E.Blake and Timothy D.Blake as members of Wheat State One C. S1 •\ ASHLEY RUSSELL MyAppointment Expires _of a�euc ,;4�. �= August 30,2022 f Notary Public Printed Name: WC.,S'l 1 1 O.Box 736 k 1435 e: 96 Sa a,KS 67402-0736 Licensee: Timothy D.Blake Wheat State O•- ,LLC 1617 W.Crawfor. treet Salina,KS 67401 • to v 'di in Part.If any clause, sentence, or /aragraph of this License Agreement s• be held to be invalid, it shall not affect the validity of .,e remaining provisions of this ' ense Agreement. 11.Amendments.Neither this License Agreement nor an .of the te.• may be changed or modified, waived, or terminated except by an instrument in 'tint 'igned by an authorized representative of the party against whom the enforcement of the . 1:/e,waiver, or termination is sought. 12. Waiver.No failure or delay by a party . eto to insist on the s t performance of any term of this License Agreement,or to exercis y right or remedy consequen o a breach thereof, shall constitute a waiver of any breach o_ .y subsequent breach of such term. o waiver of any breach hereunder shall affect or alter,.0 e remaining terms of this License Agreem• •t, but each and every term of this License Agre;.sent shall continue in full force and effect with •spect to any other then existing or subse• t breach thereof. 13. :'s d'•.411__ ct. The City and the Licensee agree that this License Agreement all be recorded wi • is e Office of the Saline County Register of Deeds and shall be indexed to bo the ' Plaza ..• +/e Property. This License shall"run with the land"in relation to the Property and s .11 be . •ing upon and inure to the benefit of the Licensee's authorized or permitted successors an. •./ //. / . . -• • •I•" • •" ' ..-Y\ . EXECUTED the day and year first above stated. CITY OF SALINA,KANSAS By: M/vt4 4171- 1, Melissa Rose Hodges,Mayor Al"1'hST: ' JoVo'la •%'u •erfor.,City Clerk WHEAT STATE ONE,LLC Of,By: • Wesley E. lake,Member • By: • �T"ime+ 7 3). Blake.; /Vttmlotr Timothy D.Blake,Member Book 1435 ° 97 STATE OF KANSAS,COUNTY OF SALINE,ss: This instrument was acknowledged before me on r 1 , 202by Melissa Rose Hodges as Mayor of the City of Salina,Kansas, and JoVonna A. Rutherford as City Clerk for the City of Salina,Kansas.• 1111—.1 A.A..-'.11 /S11491'4• ASHLEY RUSSELL Notary Public Li'NO2 = My Appointment Expires �4Jej PrintedName: STATE OF KANSAS,COUNTY OF SALINE,ss: This instrument was acknowledged before me on December/�/ ,2021,by Wesley E.Blake and Timothy D.Blake as members of Wheat State One C. • ASHLEY RUSSELL "owa at *' My Appointment Expires. Al - -_.1111 aieuc ••k.i.i.s.r.a.••r`� August 30,2022 NotaryPublic - Printed Name: 'FL/445502,1,1 1 1 Sooka 1435 98 EXHIBIT A • • . III IIII � � I ,uII UdOC , Uk � � fats! UitA?4 VN NTNG [ • , . III. 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