License Agreement - Hong Kong BuffetREBECCA SEEMAN
REGISTER % DEEDSC�
SALINE CUTY KANSAS
Book: 1127 Page: 438
Receipt #. 33355 Total Fees: $28.00
Pages Recorded: 6
Date Recorded: 4/27/2006 3:28:19 PM
LICENSE AGREEMENT
This License Agreement made this�day of April, 2006, by and between the CITY OF
SALINA, KANSAS, a municipal corporation (the "City") and WIN FAI INC., a Kansas
corporation, d/b/a Hong Kong Buffet (the "Licensee").
RECITALS
A. The Licensee owns the real estate legally described as: Lot 13 and the north 10' of
Lot 14, Block 9 Key Acres Addition to the City of Salina, Saline County, Kansas, upon which it
owns and operates the Hong Kong Buffet restaurant, 2515 Market Place, Salina, Kansas.
B. Licensee has informed the City of its desire to install two private storm sewer
discharge lines across the public right-of-way for Market Place for the purpose of connecting
Licensee's private on-site storm drainage detention system with the public storm sewer system
running along South Ninth Street.
C. The City has determined that the granting of a license to the Licensee to install the
private storm sewer discharge lines across the public right-of-way as depicted on the attached and
incorporated Exhibit A should not interfere with use of the public right-of-way by the City or its
franchisees.
D. The City has determined that the public interest is served by granting a license to the
Licensee to install the private storm sewer discharge lines across the Market Place public right-of-
way, subject to the terms and conditions outlined below.
THE PARTIES THEREFORE AGREE:
1. Grant. The City hereby grants a license (the "License") to the Licensee to install and
maintain two private storm sewer discharge lines (the "Lines") in the Market Place right-of-way as
depicted on Exhibit B (the "Right -of -Way"), for the limited purpose of connecting Licensee's
private on-site storm drainage detention system with the public storm sewer system running along
South Ninth Street. The Lines are not for the provision of any storm sewer service under any
arrangement with any other person or entity.
2. Use of Right -of -Way. In the use of the Right -of -Way under this License 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, sidewalk and
pavement cuts, utility location, construction coordination, beautification, and other requirements on
the use of the public right-of-way and 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
Back: 1127 Page: 439
the placement of the Lines in a manner which minimizes adverse impact on public
improvements, as reasonably determined by the City. Where placement is not otherwise
regulated, the Lines shall be placed with adequate clearance from such public improvements
so as not to impact or be impacted by such public improvement.
b. All earth, materials, sidewalks, paving, crossings, utilities, public
improvements, or improvements of any kind injured or removed by the Licensee in its
activities under this License 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 of the materials, plans, and installation of the Lines shall be approved by
or as directed by the City Engineer.
d. The Licensee shall keep and maintain accurate records and as -built drawings
depicting accurate horizontal and vertical location of the Lines as constructed or
reconstructed in the Right -of -Way after the date hereof. All points of the Lines shall be
horizontally located from street centerline, or section or quarter section lines or corners.
Vertical locations or all points of facilities shall consist of elevations in either City datum or
United States Geological Survey datum.
e. Prior to construction, reconstruction, or relocation of any facilities in the
Right -of -Way, the Licensee shall submit to the City Engineer for approval, plans and
specifications of the proposed installation. Such approval shall not be unreasonably
withheld, delayed, or conditioned.
f. The Licensee shall cooperate promptly and fully with the City and take all
measures necessary to provide accurate and complete information regarding the nature and
locations, both horizontal and vertical, of the Lines located within the Right -of -Way when
requested by the City or its authorized agents for a public project. Such location and
identification shall be at the sole expense of the Licensee without expense to the City, its
employees, agents or authorized contractors. The Licensee shall have a person familiar with
the facilities, who is responsible for timely satisfying information needs of the City and other
users of the Right -of -Way.
g. The Licensee shall promptly relocate or adjust the Line located in the Right -
of -Way for any project planned or undertaken by the City or 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 License Agreement pertaining to such.
h. It shall be the sole responsibility of the Licensee to take adequate measures to
protect and defend the Line in the Right -of -Way from harm or damage. If the Licensee fails
to accurately or timely locate the Line when requested, it will have no claim for costs or
damages against the City and its authorized contractors or any other party authorized to be in
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Book: 1127 Page: 440
the Right -of -Way unless such party is solely responsible for the harm or damage by its
negligence or intentional conduct.
i. The Licensee shall notify the City not less than three (3) working days in
advance of any construction, reconstruction, repair, or relocation of the Line which would
require any street closure which reduces traffic flow to less than two (2) lanes of moving
traffic. The City shall follow its policies in the grant or denial of such street closure, which
shall not be unreasonably delayed. In addition, all work performed in the traveled way 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.
j. All technical standards governing construction, reconstruction, installation,
operation, testing, use, maintenance, and dismantling of the Line in the Right -of -Way shall
be in accordance with applicable present and future federal, state, and City law and
regulation, including but not limited to the most recent editions of the National Electrical
Code, the National Electrical Safety Code and the Fiber Optic Line Installation Standard of
the Telecommunications Industry Committee, or such substantive equivalents as may
hereafter be adopted or promulgated. It is understood that the standards established in this
paragraph are minimum standards and the requirements established or referenced in this
ordinance may be additional to or stricter than such minimum standards.
3. Title. By granting this 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 Lines in the Right -of -Way in compliance with this License
Agreement.
4. Corp of Engineer Approvals. Any permission granted pursuant to this License
Agreement to install the Lines shall be subject to and conditional upon approval by the Corp of
Engineers where applicable.
5. Breach of License Agreement. In the event that the Licensee uses the Lines for any
purpose other than that specifically authorized under this License Agreement, all rights granted
hereunder to the Licensee shall immediately cease as if never granted and the Licensee shall
immediately quit and surrender its use of the Lines in the Right -of -Way. In the event that the
Licensee shall fail to comply with any other substantial term, condition or covenant of this License
Agreement within ten (10) days after written notice to do so has been mailed to them by the City, or
in the event the Licensee abandons its authorized use of the Right -of -Way, any such event shall be
deemed an immediate breach and forfeiture of the License Agreement which shall then terminate.
Upon such termination of this license, the Licensee will quit and surrender its use of the Lines in the
Right -of -Way in compliance with the terms of this License Agreement.
6. Term. The License shall commence upon execution of this License Agreement and
shall continue until the earlier of
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Book: 1127 page: 441
a. The Licensee's discontinuation of its authorized use of the Right -of -Way;
b. Notification of the 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 90 days following such notice; or
C. Termination of the License pursuant to paragraph 7 above.
7. Removal of Lines. Upon termination of this License Agreement, the Licensee shall
have the right to remove the Lines within a reasonable time, not to exceed one hundred twenty (120)
days. In the event the Licensee chooses to exercise the right to remove the Lines, it shall within the
permitted time period restore the Right -of -Way from which the Line is removed to as good a
condition as existed prior to the removal. In the event the Licensee should exercise its right to
remove the Lines but fail to properly restore the Right -of -Way, the City shall have the right to cause
the Right -of -Way to be restored and to charge any reasonable costs associated therewith to the
Licensee.
8. Notices. Any notice to either party hereunder shall be sufficient if mailed by United
States mail, postage prepaid, at the following addresses:
City of Salina, Kansas
c/o City Clerk
P.O. Box 736
Salina, KS 67402-0736
Win Fai Inc.
c/o Chao Qin Lin
2514 Highland Avenue
Salina, KS 67401
9. Assignment of License. The Licensee shall not assign this license or any interest
therein without prior consent of the City.
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. BindingEms. This License Agreement shall be binding upon the parties, their
successors, or authorized assigns.
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EXECUTED the day and year first above stated.
ATTEST:
Lieu Ann Elsey, CMC, City C k
Beek: 1127 Page: 442
CITY OF SALINA, KANSAS
By:
"-
Deborah Divine, Mayor
WIN FAI INC.
*� By: �
STATE OF KANSAS COUNTY OF SALINE, SS:
On this 1-74k day of April, 2006, before me a Notary Public in and for said state,
personally appeared Deborah Divine, Mayor of the City of Salina, Kansas and Lieu Ann Elsey,
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, Kansas.
KIM &FISHERANOTARUBLITATEKA 3
111 My Appv. ezpj
STATE OF COUNTY OF SS:
Notary Public
On this day ofApril, 2006 before me a Notary Public in and for said state, personally
appeared Zi i ( of Win Fai Inc., known to me to be the person who
executed the within License Agreement and acknowledged to me that he executed the same for the
purposes therein stated on behalf of Win Fai Inc.
ENET MITH
NOTARY PUBLIC
5T4
- OF KAN'-
Notary Public
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