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Loading Zone in ROW ~ LICENSE AGREEMENT This License Agreement, made and entered into this l5~ day of July, 1985, by and between the CITY OF SALINA, K'ANSAs, a municipal corporation (herein the "City"), and SALINA COFFEE HOUSE, INC., a Kansas corporation with principal place of business at 113-115 N. 7th Street, Salina, Kansas 67401 (herein "Licensee"), WITNESSETH: WHEREAS, the Licensee is the owner of the following described real estate, to wit: Lots Forty-Three (43), Forty-Five (45) and Forty-Seven (47) on Fifth Street in the Original Town of Salina, Saline County, Kansas, upon which premises is located a structure commonly known as the "Swift Building"; and, WHEREAS, it is necessary for the Licensee to construct a dock on a portion of the Elm Street right-of-way in order to receive and ship merchandise from said premises. NOW THEREFORE, for a good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto mutually agree as follows: (1). Grant of License. Licensee a license to occupy terms and conditions hereof, premises: City hereby grants to the and use, subject to all of the the following described An area approximately 10' x 27" immediately south of the building located on the above premises all as indicated on Exhibit "A" attached hereto. (2). Limitation of Use. The above described premises may be occupied and used by Licensee solely for the purpose of constructing a loading and unloading dock on said premises and for incidental purposes related thereto. (3). Termination. Either party may terminate this agreement at any time by giving written notice to the other specifying the date of the termination, such notice to be given not less than 90 days prior to the date therein specified. (4). Indemnification by Licensee. Licensee will at all times indemnify City against all actions, claims, demands, liabilities and damages which may in any manner be imposed on or incurred by City as a consequence of, or arising out of, any act, default or omission on the part of the Licensee or any of its officers, employees or agents in connection with the operation of said loading and unloading dock. j (5). Assignment. Licensee's privileges hereunder shall not be assignable by Licensee in whole or in part without the written consent of the City. (6). Removal of Property. On revocation, surrender or other termination of the permission hereby given, Licensee shall peaceably surrender the portion of the premises occupied by the Licensee and restore the premises to substantially the same condition as existed at the time of Licensee entry hereunder and shall remove all fixtures, equipment and other things placed by Licensee on the pre- mises hereunder, and if the Licensee shall fail to do so, City shall have the right to make such removal and restore the premises to prior condition at Licensee's expense, the amount of which expense Licensee shall pay to City on demand. (7). Notices. Any notice to Licensee hereunder shall be sufficient if served on Licensee personally or posted on the premises and if so posted shall be deemed served on the date of posting or mailed to Licensee directed to its last known address, and if so mailed in the State of Kansas, shall be deemed served on the business day next following the date of mailing. IN WITNESS WHEREOF, the parties have hereunto caused this License Agreement to be executed by their proper officers, all on the day and year first above written. CITY OF SALINA /,..,.,. By a.d.~:Jvk27z.J /~- / ,< ,/ / :/ SALIN~C _/ EKE ,~,//{~~..,--- /. / 4-~ ..'-I --:1?~'J By --- -z <- '(.. -" L _:~'---__ ___ __ ..----