Agr Sign in ROW
LICENSE AGREEMENT
This License Agreement is entered into this /I-Øday of October, 2002, by and between the
CITY OF SALINA, KANSAS (the "City") and Lawrence D, Triplett, General Partner of
TRIPLETT SELF STORAGE, LP" ("Triplett"),
Recitals
A. Triplett owns and operates a self-storage facility located on the following described
real estate (the "Facility"):
Lots I, 2, 3, and 4, Block 1, Triplett II Addition to the City of Salina, Kansas.
B. In 1989 a plat tòr the Facilìty was approved by the City, including additional street
right-of-way for North Ohio Street. At the time of the plat approval the City was not aware that a
commercial sign previously erected by Triplett was located within the newly dedicated street right-
of-way,
C. Triplett has applied for a sign permit to change the face of the existing sign without
moving the sign base (the "Sign").
D, The City's Engineering Department has concluded that, under the circumstances,
allowing Triplett to alter and maintain the Sign in its current location will not interfere with the
current public use of the street right-of-way.
THE PARTIES THEREFORE AGREE:
1. Grant of License, The City grants a license to Triplett for the alteration and
maintenance of the Sign in its existing location as shown on the area drawing attached and
incorporated Exhibit "A" and the overhead depiction of the Sign attached and incorporated as
Exhibit "B" (the "License"),
2, Tem1 of License, The License shall commence upon execution of this License
Agreement and shall continue until the earlier of:
A. Discontinuation of use of the Sign as constructed and maintained at
the location shown on Exhibits A and B; or
B. Notification of Triplett 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 180 days following such notice,
3, Responsibilities Upon Notification of Termination, If notice of termination of the
License is given pursuant to paragraph 2,B, Triplett must remove that portion of the Sign that
extends over the right-of-way no later than the designated license termination date, If Triplett fails
to remove that portion of the Sign that extends over the right-of-way prior to the License
termination date, the City may cause the necessary work to be performed and charge the cost of the
work against Triplett and/or assess the costs as a special assessment against the real estate upon
which the Sign are located,
4. Indemnification and Hold Harmless. During the term of the License, Triplett shall
hold harmless and indemnify the City, its agents and employees, against all liability, loss,
damage, expense, and judgment, including attorneys' fees so incurred, arising from or relating to
its use of the right-of-way pursuant to the License by Triplett, In addition, such indemnity shall
extend to any liability imputed to the City resulting from Triplett's failure to comply with all
federal, state, county, and city laws, ordinances, and regulations relating to the sign, Each party
shall give immediate notice to the other of all such claims, actions, or proceedings brought
against the party giving such notice. Triplett agrees to defend against all claims brought or
actions filed against the City with respect to Triplett's use of the right-of-way pursuant to the
License, whether such claims are rightfully or wrongfully brought or filed, The City agrees that
Triplett may employ attorneys of its own selection to appear and defend the claim: òr action on
behalf of the City, at the sole expense of Triplett, Triplett shall have control of the defense in any
such lawsuit and negotiations relating to its settlement. The City shall assist Triplett as
reasonably requested by Triplett regarding such lawsuit. Triplett agrees to reimburse the City for
all expenses, costs, and attorneys' fees incurred by the City in the enforcement of any part of
Triplett's agreement to indemnify the City.
5. Notices, Any notice to either party 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
Triplett Self Storage, LP,
P,O. Box 647
Salina, KS 67402-0647
6, ' . Assignment of License. The assignmwt of any rights under this License AgrCement
by Triplett shall be subject to the prior written consent ofthe City.
7, Binding Effect. This License Agreement shall be binding upon the parties, their
successors and authorized assigns,
Executed the day and year first above written,
CITY OF SALINA, KANSAS
By:
-2-
ATTEST:
~f1UL ~
Lieu Ann Nicola, City Clerk
TRIPLETT SELF STORAGE, LP,
-,,\ /~
,,/ ,/
La6p;~~ ~ Parmer
By:
STATE OF KANSAS; COUNTY OF SALINE, S8:
'"
On this 7 day of October, 2002, before me a Notary Public in and for said state,
personally appeared Kristin M, Seaton, Mayor, and Lieu Ann Nicola, City Clerk, for the City of
Salina, Kansas, known to me to be the persons who executed the within License Agreement on
behalf of the City of Salina, and acknowledged to me that they executed the same for the purposes
, .+" --1
..... ~~. ~~ ~
--- Notary Public
My appointment exPire~ ~ d.û°
STATE OF KANSAS, COUNTY OF SALINE, SS:
On this // day of October, 2002, before me a Notary Public in and for said state,
personally appeared Lawrence D, Triplett, General Partner of Triplett Self Storage, LP., known to
me to be the person who executed the within License Agreement on behalf of the partnership and
acknowledged to me that he executed the same for the purposes therein stated,
.' CAROLYN KOHLMEiER
== ~ Notary Public - Sta'e of 1(0",a5
My Appt. ExpIres '/
-
~~
Notary Public
My appointment expires:
ú¡uJ ( -:2 (Ji) ~
-3-
r
( ,)
'='1-
...Jw
c: W
0 a::
.- I-
~tn
( ,) 0
J:
0
}:
0
-CO 1 Q)
C\J~
0 ~
02
c:
Q)
U)u
r
NW Cor" SW 1/4
I Sec. 7, TI4S, R2W
.
~I
~.
io ~
-= .(J)
Ô) N
co
<;t
<1)
f'-
Ö
co
(0-
(0
(\
CJ)
rt)
50'
.
co
ui
0
100,01
LOT I
S 89°31'50"E
100,00'
N 89°3"50"W
110,00' .
LOT 3
-<1) '76.25'
.0 33.75' ~:: NOo028'10"E
<:t 589°3150 E
\D
-:
C\J ~
~ =
(j)
_w
.0
Q)
N~
0 -:
0-
Oco
z
w
.~ Q ~)( , -
. co \'2-~c;'"
<;t N -" -" '\1-"
(J) å ¡-"
o~
Z'
I
\
\
'.
N 89°3"50"W
146.86' \
\
'.
, - -,
LOT 4
TRIPLETT STORAGE SIGN
--- - ~- - - - - -
r-------.--'
,
,
,
r
.------ /'
/~ .
¡ /2 i<¡:--- -
: - 180.62'--
/
/-:
~/
:::/
. oJ/
EXHIBIT A
Pole Sign
License Agreement
S 89°3113Q"E
"',
_w
. -g
'co
. C\J
No
NO
-0
Z
1----
, --- -.--
I
/
415.00'
I
I
I
. LOT 2
BLOCK I
Overhan
~
m
S
~
0
I
+""
.c
C)
a::
+""
<D
~
+""
en
0
.c
0
[ 15.37
--------~~--ë5 1~.O3
I ' I
l "
1
C)
!
EXH I BIT B
( )
c
>.
-+-'
L
( )
0
L
(L
Lot 4
Block 1
Property line
TRIPLETT STORAGE
Sign Encroachment
FORCY SURYEYINC
118 Ø'/-tJ'/ltJ 1fMISAS