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Agr Pheasant Ridge Add LICENSE AGREEMENT This License Agreement is entered into this lfl%ay of August, 2002, between the CITY OF SALINA, KANSAS (the "City") and Charles P. Morrison, a resident of Salina, Kansas, ("Morrison"). Recitals A. The City owns the real estate depicted and labeled as the "Surplus Land" on the attached and incorporated Exhibit A B. Morrison owns Lot 15, Block 1 Pheasant Ridge Addition to the City of Salina, Kansas, ("Lot 20"), which is adjacent to the Surplus Land and is also depicted on Exhibit A. C. Morrison desires to maintain the Surplus Land in a manner consistent with his maintenance of Lot 15. THE PARTIES therefore agree: 1. License. In consideration for Morrison's commitment to maintain the Surplus Land, excluding the 35' public utility easement on the north side, in the same manner as Lot 15, the City grants to Morrison a license to maintain the Surplus Land upon the terms and conditions contained in this License Agreement (the "License"). 2. Use of Surplus Land. The City agrees that pursuant to the License Morrison shall have the right to enter upon the Surplus Land for the limited purpose of maintaining it in the same manner as Lot 15. Morrison shall be prohibited from (a) constructing any improvements, (b) parking any vehicles, (c) storing any personal property, or (d) making any excavations (other than for planting grass, small trees, or shrubs or maintaining a garden) on the Surplus Land. 3. Term. Subject to the default provisions contained in paragraph 8 below, this License Agreement shall be for a term of two (2) years commencing August 15, 2002 and terminating August 14, 2004. This License Agreement shall self-renew thereafter for addition terms of one year each; subject, however, to the right of either party to terminate this License Agreement effective as of the end of the primary or one of the renewal terms by giving the other party written notice of the termination at least sixty (60) days in advance of the effective date of the termination. 4. Maintenance. Morrison agrees to maintain the Surplus Land in the same manner as Lot 15 and at least in a manner consistent with the City's maintenance of the parks in the City's park system. 5. Indemnification and Hold Harmless. Morrison shall hold harmless and indemnify the City and its officers, directors, employees and agents against all liability, loss, damage, expense, and judgment, including attorneys' fees so incurred, relating to or arising from Morrison's maintenance of the Surplus Land pursuant to this License Agreement. Each party shall give immediate notice to the other of all such claims, actions, or proceedings brought REŒIVED . ~t/~/,æ.- against the party giving such notice. Morrison agrees to defend against all claims brought or actions filed against the City wit respect to Morrison's use of the Surplus Land, whether such claims are rightfully or wrongfully brought or filed. Morrison agrees to reimburse the City for all expenses, costs, and attorneys fees incurred by the City in the enforcement of any part of Morrison's agreement to indemnify the City. 6. General Liability Insurance. Morrison shall maintain general liability insurance coverage in an amount no less than $300,000 per occurrence covering the liability of Morrison as a party to this License Agreement. The insurer must be acceptable to the City of Salina. Morrison shall provide the City with written proof of ongoing coverage. 7. Default. If either party defaults in the performance of any of the agreements or promises contained in this License Agreement, and remains in default after ten (10) days written notice thereof, the non-defaulting party may immediately terminate this License Agreement. 8. Notice. Written notice as called for in this License Agreement shall be given via United States first class mail to the following addresses: City: City Clerk 300 West Ash P.O. Box 736 Salina, KS 67402-0736 Morrison: Charles Morrison 2632 Quail Hollow Drive Salina, KS 67401 9. Nonassignable. Neither party may assign any of its rights under this License Agreement without the prior written consent of the other party. 10. Binding Effect. This License Agreement shall be binding upon the respective parties, their successors and their authorized assigns. IN WITNESS WHEREOF, each party has caused this License Agreement to be executed on the date first written above. -2- CITY OF SALINA, KANSAS By ~~~ . stin M. at , Mayor ATTEST: - ~~ Lieu Ann Nicola, City Clerk CHARLES P. MORRISON (' ?li:7 , n , ~ v.---rn ~ ~ Charles P. Morrison -3- " 1,684 15-DR1010-01 Î AMERICAN FAMILY MUTUAL INSURANCE COMPANY 6000 AMERICAN PKY MADISON, WISCONSIN 53783-0001 e: C......,/ 127-660 MORRISON, CHARLES P & PATRICIA M 2632 QUAIL HOLLOW DR SALINA KS 67401-9105 Thank you for insuring your home with American Family. Enclosed is your new Declarations page that describes the protection provided by your Gold Star Homeowners policy. Your policy includes the new Increased Building Limit Coverage up to 120% of the dwelling limit shown, subject to policy provisions. Your policy previously did not contain such a limitation. Please pay careful attention to the coverage limits listed on the from of the enclosed Declarations page to be sure they are adequate to pay the cost to repair or rebuild your home in the event of a covered loss. As a homeowner, you are ultimately responsible for selecting the appropriate amount of coverage. This is not a billing. You will be contacted by separate mail if a premium adjustment, either a refund or an additional payment, is necessary. If you have any questions concerning any of this material, please contact me immediately. Keep in mind, American Family- also offers auto, business, health, farm/ranch and life insurance. I'll be happy to discuss any of these with you. Thank you again for allowing me to handle your personal insurance needs. I appreciate your business. Sincerely, NORMAN C P IHL PO BOX 2837 SALINA Agent's Phone (785) 827-0447 KS 67402-2837 PLP-16626 . 1.684 DECLARATIONS 15-DR1010-01 KANSAS HOMEOWNERS POLICY - GOLD STAR SPECIAL DELUXE FORM (ED 06/94) KS NON-ASSESSABLE POLICY ISSUED BY AMERICAN FAMILY MUTUAL INSURANCE COMPANY A MEMBER OF THE AMERICAN FAMILY INSURANCE GROUP MADISON, WI. PLEASE READ YOUR POLICY }' POLICY NUMBER 15-DR1010-01 MORTGAGEE SECURITY SAVINGS BANK FSB ITS SUCCESSORS AND/OR ASSIGNS PO BOX 1040 SALINA KS 67402-1040 NAMED INSURED MORRISON, CHARLES P & PATRICIA M 2632 QUAIL HOLLOW DR SALINA KS 67401-9105 EFFECTIVE FROM 12-07-2000 TO 12-07-2001 ACCT 504-356-306-97 COVERAGES AND LIMITS PROVIDED 001 FAMILY FRAME DWELLING IN TOWN CLASS 3 SECTION I LIMITS DWELLING $ 146,400 PERSONAL PROPERTY ON PREMISES $ 117,200 PERSONAL PROPERTY OFF PREMISES 100% SUBJECT TO POLICY LIMITATION LOSS OF USE - ACTUAL LOSS SUSTAINED WITHIN 12 MONTHS OF THE LOSS DEDUCTIBLE AMOUNT - ALL PERIL $ 250 SECTION II PERSONAL LIABILITY $ MEDICAL EXPENSE $ ADDITIONAL PROTECTION/ENDORSEMENTS ENVIRONMENTAL/PERSONAL POLLUTION DAMAGE COV PREMISES ALARM OR FIRE PROTECTION SPRINKLER GOLD STAR PLUS (END 454 ED 6/94) BACK-UP SEWER COV (END 466(L) ED 10/97) - $5,000 LIMIT - 1000 DED GOLD STAR HOMEOWNERS AMENDATORY (END 587A ED 10/99) OPTION 2 - EXTENDED COVERAGE ON JEWELRY, WATCHES AND FURS OPTION 14 - PERSONAL PROPERTY REPLACEMENT COVERAGE THIS POLICY INCLUDES INCREASED BUILDING LIMIT COVERAGE UP TO 120% OF THE DWELLING LIMIT SHOWN ABOVE, SUBJECT TO POLICY PROVISIONS. ' 300,000 1,000 (END 523 ED 9/94) SYSTEM THESE DECLARATIONS DO NOT EXTEND THE TERM OF THE POLICY UNLESS THE PREMIUM IS PAID AS SHOWN ON THE PREMIUM NOTICE FOR THE TERM INDICATED ON THE DECLARATIONS. LATEST BUILDING COST INDEX FROM BOECKH IS 447 Declarations effective on the date shown above. These declarations form a part of this policy and replace all other declarations which may have been issued previously for this policy. If this declarations is accompanied by a new policy, the policy replaces any which may have been issued before with the same policy number. AUTHORIZED f)~Jl. t1..L- ~s!'e't¿;¿.,y ~ REPRESENTATIVE p".lde" (J 5.. AGENT 127-660 PHONE (785) 827-0447 USERID TC ENTRY DATE JLRO06 38 10-31-2000 NORMAN C PIHL PO BOX 2837 SALINA KS 67402-2837 Form No. HO-41C Stock No 11339 Rev. 1/96