License Agreement (Handrail)LICENSE AGREEMENT
This License Agreement is entered into this 17`s day of December, 2012, by and between
the CITY OF SALINA, KANSAS ( "City") and PROPERTY PARTNERS LLC, a Kansas limited
liability company ( "Licensee ").
Recitals
A. Licensee owns certain real estate ( "the Property ") commonly known as 116 N. Santa
Fe Avenue, Salina, Kansas, and bearing the following legal description:
The South Twenty -Four and five- tenths (24.5) feet of Lot Ninety-Nine (99) and the
North Eight and five- tenths (8.5) inches of Lot One Hundred and One (101) on
Santa Fe Avenue, in the Original Town (now City) of Salina, in Saline County,
Kansas.
B. The City is the holder of a public right -of -way ( "Right -of- Way ") adjacent to and
abutting the East side of the building located on the Property, which is currently used as an alley-
way.
C. Licensee wishes, as part of the redevelopment of the Property, to install a concrete
step with a metal handrail along the East side of the building, for entry and exit purposes ( "the
Improvements "), which will extend approximately one and one -half feet into the City's Right -of-
Way.
D. The City's Engineering Department has concluded that under the circumstances,
allowing Licensee to maintain the Improvements in the proposed location will not interfere with the
current public use of the Right -of -Way.
ira ; NIA • ;
1. Grant of License. The City grants a license to Licensee for the construction and
maintenance of the Improvements as shown on the attached and incorporated Exhibit "A" (the
"License ").
2. Term 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 Improvements, for a period in excess of sixty
(60) consecutive days, as constructed and maintained at the location depicted on Exhibit A;
or
B. Notification of Licensee 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, Licensee must remove that portion of the Improvements
that extend over the Right -of -Way no later than the designated license termination date. If Licensee
fails to remove that portion of the Improvements that extend 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 Licensee and/or assess the costs as a special assessment against the real
estate upon which the Improvements are located.
4. No Representations. Licensee agrees that the City has made no representations to it
with respect to the Right -of -Way or its condition, and that it is not relying on any representations of
the City or its agents with respect to the Right -of -Way or its condition. This License grants the
licensee a license to use the Right -of -Way in its present condition, "as is," without any warranties,
representations, or assurances from the City.
5. Indemnification and Hold Harmless. During the term of the License, Licensee
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 Licensee. In addition, such indemnity
shall extend to any liability imputed to the City resulting from Licensee's failure to comply with
all federal, state, county, and city laws, ordinances, and regulations relating to the Licensee.
Each party shall give immediate notice to the other of all such claims, actions, or proceedings
brought against the party giving such notice. Licensee agrees to defend against all claims
brought or actions filed against the City with respect to Licensee'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 Licensee may employ attorneys of its own selection to appear and defend the
claim or action on behalf of the City, at the sole expense of Licensee. Licensee shall have control
of the defense in any such lawsuit and negotiations relating to its settlement. The City shall
assist Licensee as reasonably requested by Licensee regarding such lawsuit. Licensee agrees to
reimburse the City for all expenses, costs, and attorneys' fees incurred by the City in the
enforcement of any part of Licensee's agreement to indemnify the City.
6. 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
Property Partners LLC
c/o Brian Richardson
361 N. Holmes Rd.
Salina, KS 67401
-2-
7. Binding Effect. This License Agreement shall, at all times, be binding upon the
City and the Licensee and all owners of the Property and all parties claiming by, through, or under
them, and shall run with the land, and shall be for the benefit of and shall oblige all future owners of
the Property; provided, however, that the rights, duties, and obligations of each owner, as set forth
herein, shall cease with the termination of his, her, or its ownership of the Property, or portion
thereof, except those duties and obligations arising during the period of his, her, or its ownership.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by their authorized
CITY O A, S ITY") PROPERTY PARTNERS, LLC ( "LICENSEE ")
By: By: /tie
Norman ennings, Mayor Brian Richardson, Managing Member
Date: lZ 1% —lZ Date:
ATTEST: (�
By: A
Lieu Ann Elsey, CMC, City Clerk
STATE OF KANSAS, COUNTY OF SALINE, ss:
This instrument was acknowledged before me on the 17M day of December, 2012, by
Norman M. Jennings as Mayor of the City of Salina, Kansas, and Lieu Ann Elsey as City Clerk
for the City of Salina, Kansas.
My appointment expires: 141AIJU6
SHANDI L. WICKS Y ht�IJLA�I
' Notary Public - State of Kansas
My Appt. Expires 4 Nothry Public
STATE OF KANSAS, COUNTY OF SALINE, ss:
This instrument was acknowledged before me on the3V day of D-- �czn &—, 29 +2 by
Brian Richardson, as Managing Member of Property Partners LLC, a Kansas limited liability
company.
My appointment expires:
MA=0�001
ZGWR NotM A t. E
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Notary Public
DATE: 12 -4 -2012
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BRIAN RICHARDSON BUILDING JOB: 12 -2514
JONES ci V INTERIOR REMODEL
790 N. Ninth
P.O. 9os 888 SALINA, KANSAS 1
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EXHIBIT A
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DATE: 12 -4 -2012
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BRIAN RICHARDSON BUILDING JOB: 12 -2514
JONES ci V INTERIOR REMODEL
790 N. Ninth
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Exhibit A
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step in alleyway
^' 116 North Santa Fe
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