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License Agreement Indian Rock Park .. I REBECCR SEEIIllN , RESISTER OF 'DEEDS 0.1 SALINE COUNTY KIlNSRS J\J Book: 1147 Page: 1521 Reoeipt #: 4026S Total Fees: $32.00 Pages Reoorded: 7 Date Recorded: 3/27/2007 10:59:29 AN LICENSE AGREEMENT This License Agreemenl made Ihis JCj-l:h... day of March, 2007, by and between the CITY OF SALINA, KANSAS, a municipal corporation (the "City") and KANSAS GAS SERVICE, A division of ONE OK, Inc. (the "Licensee"). RECITALS A. The City of Salina own the real estate in the City of Salina, Saline County, Kansas, legally described in the attached and incorporated Exhibit A, which is more commonly known as Indian Rock Park. B. Licensee has informed the City of their desire to install a cathodic prolection ground bed within Indian Rock Park for the purpose of connecting the cathodic protection groundbed with Licensee's gas distribution system in Gypsum A venue. C. The City has determined Ihat the granting of a license to the Licensee to install the cathodic protection groundbed on public parkland as depicted on the attached and incorporated Exhibit B should not interfere wilh use of the public park land by the City or its citizens. D. The City has determined that the public interest is served by granting a license to the Licensee to the cathodic protection groundbed within Indian Rock Park, subject to the terms and conditions outlined below. THE PARTIES THEREFORE AGREE: I. Gran!. The City hereby grants a license (the "License") to the Licensee to install and maintain a cathodic protection groundbed (the "Groundbed") in Indian Rock Park as depicted on Exhibit B (the "Parkland"), for the limited purpose of connecting the groundbed with the Licensee's gas distribution system in Gypsum A venue. The Groundbed is not for the use of any person or entity other than the Licensee, its successors and authorized assigns. 2. Use of Parkland. In the use of the Parkland under this Licensee 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 the use of public parks and shall comply with the following: a. The Licensee's use of the Parkland shall in all matters be subordinate to the City's use of the Parkland for any public purpose. The Licensee shall coordinate the placement of the Groundbed in a manner which minimizes adverse impact on park improvements, as reasonably determined by the City. Where placement is not otherwise regulated, the Groundbed shall be placed with adequate clearance from such roadways and other park improvements so as not to impact or be impacted by such park improvements. " Book: 1147 Page: 1522 b, All earth, materials, sidewalks, driveway approaches, paving, crossings, utilities, public improvements, or improvements of any kind injured or removed by the Licensee in their activities under this License Agreement shall be fully repaired or replaced promptly by the Licensee at their expense and to the reasonable satisfaction of the City, c. All of the materials, plans, and installation of the Groundbed shall be approved by or as directed by the Director of Parks and Recreation. d. The Licensee shall keep and maintain accurate records and as-built drawings depicting accurate horizontal and vertical location of the Groundbed as constructed or reconstructed on the Parkland after the date hereof. All points of the Groundbed shall be horizontally located from street centerline, or section or quarter section lines or comers. V erticallocations 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 on the Parkland, the Licensee or their contractors shall submit to the Director of Parks and Recreation 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 Groundbed located within the Parkland 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. g. The Licensee shall promptly relocate or adjust the Groundbed located on the Parkland for any project planned or undertaken by the City for construction, reconstruction, maintenance, or repair of public facilities or public park improvements, or any other purpose of a public nature. Such relocation or adjustment shall be performed by the Licensee at their 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 Groundbed in the Parkland from harm or damage. If the Licensee fails to accurately or timely locate the Groundbed 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 on said Parkland unless such party is solely responsible for the harm or damage by its negligence or intentional conduct. -2- Book: 1147 Page: 1523 i. All technical standards governing construction, reconstruction, installation, operation, testing, use, maintenance, and dismantling of the Groundbed on the Parkland 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 said Parkland. In the event that it is determined that the City is not entitled to possess and utilize the Parkland, this License Agreement shall terminate and the Licensee shall quit and surrender their use of the Groundbed in the Parkland in compliance with this License Agreement. 4. Breach of License Agreement. In the event that the Licensee uses the Groundbed 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 Groundbed in the Parkland. In the event that the Licensees 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 Licensees abandon their authorized use of the Parkland, 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 their use of the . Groundbed on the Parkland in compliance with the terms ofthis License Agreement. 5. Term. The License shall commence upon execution of this License Agreement and shall continue until the earlier of: a. The Licensee's discontinuation of its authorized use of the Parkland; b. Notification of the Licensee by the City that the public interest is best served by the use of the Parkland 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. 6. Removal of Groundbed. Upon termination of this License Agreement, the Licensee shall have the right to remove the Groundbed 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 Groundbed, it shall within the permitted time period restore the Parkland from which the Groundbed 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 Groundbed but fail to properly restore the Parkland, the City shall have the right to cause the Parkland to be restored and to charge any reasonable costs associated therewith to the Licensee. -3- Book: 1147 Page: 1524 7. 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 Kansas Gas Service, A division of ONE OK, Inc. 100 I Edison Place Salina, KS 67401 8. 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. 9. Binding Effect. This License Agreement shall be binding upon the parties, their heirs and assigns, and shall be binding upon and run with the Land described in Exhibit A. EXECUTED the day and year first above stated. CITY OF SALINA, KANSAS By: Q k) JIL Donnie D. Marrs, Mayor A TrEST: LKui lerk KANSAS GAS SERVICE By: l ~'-C _ /klLl Valerie Sanchez, Senior Field S ec'alist for Kansas Gas Service, A division of ONE OK, Inc. -4- , i , Book: 1147 Page: 1525 STATE OF KANSAS COUNTY OF SALINE, SS: On this I q ~ day of March, 2007, before me a Notary Public in and for said state, personally appeared Donnie D. Marrs, 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. /IIi / ~ ~ . NOTARY PUBLIC - State of Kansas ~ Melissa L. Rose My Appt. Exp;res.1-,13-o, Notary Public ST ATE OF KANSAS COUNTY OF SALINE, SS: On this ~3rd. day of March, 2007, before me a Notary Public in and for said state, personally appeared Valerie Sanchez, Senior Field Specialist for Kansas Gas Service, A division of ONEOK, Inc., known to me to be the person who executed the within License Agreement and acknowledged to me that she executed the same for the purposes therein stated on behalf of the corporation. ~ LORNA LEE NAVE Nol8Iy PuIlIIc- _ 01 Kansas . MyA/llll. fJqlIn>s~J5- 10 ~ ~~ <:JA~U' Notary Public -5- Book: 1147 Page: 1526 Exhibit A The property that is the subject of this license agreement is legally described as; Lots 1-6 in Surveyor's Plat NO.7 in the City of Salina, Saline County, Kansas, more commonly known as Indian Rock Park. - .-.~'" -~_.< 3JQ9- {2MM dOiJ! Qirvly Book: 1147 Page: 1527