Frontage Road ROW License Agreement
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~~""'''' REBECCA SEEMAN
,<~,~""'~'~.~~'J.1EGJSTER OF DEEDS SALINE COUNTY KANSAS
(Ji';':;':~"'fj Book: 117"1 Page: 3B"I
:.\..~r!\'l.~_././ Receipt -: 19181" Rlcording Fe.: '36.00
1.\ -t """"',,'1>'; Page. Rocorded' 8 C /J . .. ~
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Date Recorded: 6/3/2DDB 2:37:37 PM
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Grantor
Grantee
Type of Document
Recordinq Fees
Mtg Reg Tax
Total Amount
Return Address
License Aqreement
$36.00
$0.00
$36.00
CITY OF SALINA
ROOM 206-CINDY
Book~ 1174 Page~ 385
LICENSE AGREEMENT
This License Agreement is made this 2nd day of June, 2008, by and between the CITY OF
SALINA, KANSAS, a municipal corporation (the "City") and SALINA PARTNERS, LLC, a
Delaware limited liability company (the "Licensee"). .
RECITALS
A. The City of Salina owns the real estate in the City of Salina, Saline County, Kansas,
depicted in the attached and incorporated Exhibit A which consists of a forty (40) foot platted
frontage road right-of-way (the "Property").
B. Licensee has informed the City of its desire to make certain improvements on the
Property including, but not limited to, the constqIction of a private sanitary sewer line (the
"Proj ect").
C. The City has determined that the granting of a license to the Licensee to construct
the Project as depicted on the attached and incorporated Exhibit B should not interfere with the use
of this public right-of-way by the City or its franchise utilities.
D. The City has determined that the public interest is served by granting a license to the
Licensee to construct the Project on the Property, subject to the terms and conditions outlined
below.
THE PARTIES THEREFORE AGREE:
I. Grant. The City hereby grants a license (the "License") to the Licensee to install and
maintain the Project on the Property. The Project is not for the use of any person or entity other than
the Licensee, and its tenants, successors and authorized assigns.
2. . Submission of the Plans. The Licensee shall submit to the City the plans and
specifications for the construction of the Project (the "Plans"). As a condition precedent to
Licensee commencing said construction, the City must provide Licensee with its written approval
of the Plans.
3. Use of Prooertv. In the use of the Property 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 Property and shall
comply with the following: .
a. The Licensee's use of the Property shall in all matters be subordinate to the
City's 'use of the Property for any public purpose. The Licensee shall coordinate the
23570Q3v3
Book: 1174 Page: 38b
placem~nt of the Project in a manner which minimizes any material adverse impact on
adjacent City properties, as reasonably determined by the City. Where placement is not
otherwise regulated, the Project shall be placed with adequate clearance from such
roadways and other improvements so as not to materially impact or be materially impacted
by such improvements. .
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 its expense and to the reasonable satisfaction of the City.
c. The Licensee shall keep and maintain accurate records and as-built drawings
depicting accurate horizontal and vertical location of the Project as constructed or
reconstructed on the Property after the date hereof. All points of the Project 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.
d. The Licensee shall cooperate promptly and fully with the City and take all
measures reasonably necessary to provide accurate and complete information regarding the
nature and locations, both horizontal and vertical, of the Project located within the Property
following a reasonable request 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.
e. It shall be the sole responsibility of the Licensee to take adequate measures
to protect and defend the Project on the Property from harm or damage. The City shall be
liable for any damages to the Project caused by the City and its authorized agents and
contractors; however, if the Licensee fails to accurately or timely locate the Project when
reasonably requested by the City to do so, 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 Property
unless such party is solely responsible for the harm or damage by its negligence or
intentional conduct.
,4. Title. By granting this license the City does not warrant title to or the right to
possess and occupy said Property. In the event that it is determined that the City is not entitled to
possess and utilize the Property, this License Agreement shall terminate and the Licensee shall quit
and surrender their use of the Project in the Property in compliance with this License Agreement.
5. Breach of License Agreement. In the event that the Licensee uses the Project 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 Proj ect on the Property. In the event that the Licensee
-2-
2357003v3
Book: 1174 PaQ~: 387
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 received by Licensee from the
City, or in the event the Licensee abandons its authorized use of the Property, 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 Project on the Property in compliance with the terms of this License Agre~ment.
6. 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 Property;
b. Notification of the Licensee by the City that the public interest is best served
by the use of the Property 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 5 above.
d. Vacation of the frontage road right-of-way (the "Property") by the Board of
Commissioners.
7. Removal of Proiect. Upon termination of this License Agreement, the Licensee
shall have the right to remove the Project 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 Project, it
shall within the permitted time period restore the Property from which the Project 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 Project but fail to properly restore the Property, the City shall have the right to cause
the Property 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:
To the City: City of Salina, Kansas
c/o City Clerk
P.O. Box 736
Salina, KS 67402-0736
To Licensee: Salina Partners, LLC
c/o Classic Real Estate, Inc.
8110 East 32nd Street North, Suite 150,
Wichita, Kansas 67226
-3-
2357Q03v3
Book: 1174 Page~ 388
With a copy to:
Jonathan L. Neville
Arnall Golden Gregory LLP
171 17th Street NW, Suite 2100
Atlanta, GA 30363-1031
9. Invaliditv 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.
10. Bindfng Effect. This License Agreement shall be binding upon the parties, their
heirs and assigns, and shall be binding upon and run with the Land depicted in Exhibit A until and
unless the frontage right-of-way is vacated and no longer owned by the City.
[signatures on following page]
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2357003v3
Book~ 1174 Page~ 389
EXECUTED the day and year first above stated.
CITY OF SALINA, KANSAS
By:
-L
ATTEST:
L;~~k
SALINA PARTNERS, LLC
By: ~-
Name: ('"lW!.f<;-r/..t>> ,4 ABulf
Title: ~
STATE OF KANSAS COUNTY OF SALINE, SS:
On this ;)rvl--. day of ~ , 2008, before me a Notary Public in and for said state,
personally appeared John K. Vanier II, 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.
fl. LOUISE DUPES
- Notary Public - SIlIII 01 Kan...
MAl. E 1,... -.;z.;;l-;;l/) 'f
~O~/~~O~)
Notary Public
STATE OF KANSAS COUNTY OF SALINE, SS:
On this f)lIa day of cd U.I1L , 2008, before me a Notary Public in and for said
state, personally appeared CJ.1';;;ta." A . AM';' , the me ~ of Salina Partners, LLC, a
Delaware limited liability company, 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 the company.
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2357003v3
Book: 1174 Page: 390
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Book: 1174 Page: 391
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