License Agreement •
LICENSE AGREEMENT
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This License Agreement is made this e) day of June, 2014, by and between the CITY
OF SALINA, KANSAS, a Kansas municipal corporation, (the"City") and ADVANTAGE TRUST
COMPANY, AS TRUSTEE OF THE PERRY RESIDUAL TRUST — BARBARA A. HOBBY
SHARE,(the"Licensee").
RECITALS
A. The Licensee owns real estate in the City of Salina, Saline County, Kansas, legally
described in the attached and incorporated Exhibit A,which property is currently addressed as 1613
E. Cloud St.
B. The Licensee has informed the City of its desire to install a private sanitary sewer
service line in the City's public right-of-way, for the purpose of connecting Licensee's property
with the City's public sanitary sewer system.
C. The City has determined that the granting of a license to the Licensee to install such
sanitary sewer service line will not interfere with use of the right-of-way by the City or its
franchisees.
D. The City has found it to be in the public interest to grant a license to the Licensee to
install the sanitary sewer service line in the right-of-way, subject to the terms and conditions
outlined below.
THE PARTIES THEREFORE AGREE:
1. Grant. The City hereby grants a non-exclusive license (the "License") to the
Licensee to install and maintain a private sanitary sewer service line (the "Line") within the areas
of the public right-of-way depicted on the attached and incorporated Exhibit B, for the limited
purpose of providing a sanitary sewer connection for the property currently addressed as 1613 E.
Cloud St. Except for this limited purpose, Licensee represents and covenants that the Line is not
for the provision of any services to any person or entity within the City of Salina, Kansas, on any
basis, and acknowledges that this grant of the License is made by the City in reliance upon that
representation and covenant.
2. Use of Right-of-Way. In the use of the Right-of-Way under this License
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 and its contractor shall be subject to all rules,
regulations, policies, resolutions, and ordinances now or hereafter adopted or promulgated by the
City relating to permits and fees, sidewalk and pavement cuts, utility location, construction
coordination, beautification, and other requirements on the use of the public right-of-way and shall
comply with the following: _ _ _ __
-'• REBECCA SEEMAN
'`—.°f)tEGISTER OF DEEDS SALINE COUNTY KANSAS
°0.• ;.j800k: 1282 Page: 1629-1638
Receipt °: 95825 Recording Fee: 699.00
Pages Recorded: 10 C ..) Ril arai lEy„ami
Date Recorded: 6/20/2011 9:07:52 AM
Book : 1282 Page : 1630
a. The Licensee's use of the Right-of-Way shall in all matters be subordinate to the
City's use of the Right-of-Way for any public purpose. The Licensee and its contractor
shall coordinate the placement of the Line in a manner which minimizes adverse impact on
public improvements, as reasonably determined by the City. Where placement is not
otherwise regulated, the Line shall be placed with adequate clearance from such public
improvements so as not to impact or be impacted by such public improvement. The
Licensee and its contractor shall stake the route to confirm the horizontal location and
vertical elevation of the water lines along the route and obtain horizontal and vertical
location approval by the City prior to beginning installation of the Line. Install proposed
line a minimum of ten (10) horizontal feet and two (2) vertical feet below the water lines
along the route unless otherwise approved by the City.
b. All earth, materials, sidewalks, driveway approaches, paving, crossings, utilities,
public improvements, or improvements of any kind injured or removed by the Licensee or
its contractor in its 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 or owner thereof.
c. All of the materials, plans, and installation of the Line shall be approved by or as
directed by the City and in accordance with any other approved specifications for
performing work in the public right-of-way. Prior to construction, reconstruction, or
relocation of the Line or any facilities in the Right-of-Way, the Licensee shall, at its own
cost and expense, prepare and deliver to the City for approval, plans and specifications of
the proposed installation. Such approval shall not be unreasonably withheld, delayed, or
conditioned.
d. The Licensee shall keep and maintain accurate records and as-built drawings
depicting accurate horizontal and vertical locations of the Line as constructed or
reconstructed in the Right-of-Way after the date hereof. All points of the Line shall be
horizontally located from street centerline, or section or quarter section lines or corners.
Vertical locations or all points of facilities shall consist of elevations in either City datum or
United States Geological Survey datum.
e. The Licensee and its contractor 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 Line located within the Right-of-
Way 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 and
other users of the Right-of-Way.
f. The Licensee or its contractor shall promptly relocate or adjust the Line located in
the Right-of-Way for any project planned or undertaken by the City or any governmental
entity for construction, reconstruction, maintenance, or repair of public facilities or public
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improvements, or any other purpose of a public nature. Such relocation or adjustment shall
be performed by the Licensee at its 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.
g. It shall be the sole responsibility of the Licensee to take adequate measures to
protect and defend the Line in the Right-of-Way from harm or damage. The Licensee shall
have no claim for costs or damages against the City and its authorized contractors or any
other party authorized to be in the Right-of-Way unless such party is solely responsible for
the harm or damage by its negligence or intentional conduct.
h. The Licensee or its contractor shall notify the City not less than three (3) working
days in advance of any excavation, construction, reconstruction, repair, or relocation of the
Line which would require any street closure which reduces traffic flow to less than two (2)
lanes of moving traffic. The City shall follow its policies in the grant or denial of such
street closure, which shall not be unreasonably delayed. In addition, all work performed in
the traveled way or which in any way impacts vehicular or pedestrian traffic shall be
properly signed, barricaded, and otherwise protected. Such signing shall be in conformance
with the latest edition of the Federal Highway Administration's Standards and Guideline for
Work Zone Traffic Control.
i. The Licensee or its contractor shall, during construction and upon completion of the
work, removal all temporary construction facilities, debris, and unused materials provided
for in the work, and put the work site and the public right-of-way in a safe, neat, and clean
condition.
j. All technical standards governing construction, reconstruction, installation,
operation, testing, use, maintenance, and dismantling of the Line in the Right-of-Way 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 Uniform Plumbing
Code, 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 License Agreement 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 the Right-of-Way. In the event that it is determined that the City is not entitled
to possess and utilize the Right-of-Way, this License Agreement shall terminate and the Licensee
shall quit and surrender its use of the Line in the Right-of-Way in compliance with this License
Agreement.
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4. Breach of License Agreement. In the event that the Licensee uses the Line 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 Line in the Right-of-Way. In the event that the
Licensee or its contractor 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 the
Licensee by the City, or in the event the Licensee abandons its authorized use of the Right-of-Way,
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 shall quit and
surrender its use of the Line in the Right-of-Way in compliance with the terms of this 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 Right-of-Way;
b. Notification of the 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 ninety(90)days following such notice; or
c. Termination of the License pursuant to paragraph 4 above.
6. Removal of Lines. Upon termination of this License Agreement, the Licensee shall
have the right to remove the Line 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 Line, it shall within the
permitted time period restore the Right-of-Way from which the Line is removed to as good a
condition as existed prior to the removal. In the event the Licensee exercises its right to remove the
Line but fails to properly restore the Right-of-Way, the City shall have the right to cause the Right-
of-Way to be restored and to charge any reasonable costs associated therewith to the Licensee.
7. Notices. All notices required or permitted to be given pursuant to this License
Agreement shall be in writing and delivered personally or sent by registered or certified mail,
return receipt requested, or by generally recognized, prepaid, commercial courier or overnight air
courier service. Notice shall be considered given when received on the date appearing on the return
receipt, but if the receipt is not returned within five (5) days, then three (3) days after mailed, if
sent by registered or certified mail or commercial courier service; or the next business day, if sent
by overnight air courier service. Notices shall be addressed as appears below for each party,
provided that if any party gives notice of a change of name or address, notices to the giver of that
notice shall thereafter be given as demanded in that notice.
CITY: City of Salina, Kansas
Attn: City Clerk
P.O. Box 736
Salina, KS 67402-0736
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LICENSEE: Petty Residual Trust—Barbara A. Hobby Share
Attn: Advantage Trust Company,Trustee
Brian Boyer. President
227 S. Santa Fe
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. Amendments. Neither this License Agreement nor any of its terms may be changed
or modified, waived, or terminated except by an instrument in writing signed by an authorized
representative of the party against whom the enforcement of the change, waiver, or termination is
sought.
10. Waiver. No failure or delay by a party hereto to insist on the strict performance of
any term of this License Agreement, or to exercise any right or remedy consequent to a breach
thereof, shall constitute a waiver of any breach or any subsequent breach of such term. No waiver
of any breach hereunder shall affect or alter the remaining terms of this License Agreement, but
each and every term of this License Agreement shall continue in full force and effect with respect to
any other then existing or subsequent breach thereof.
11. Binding Effect. This License Agreement shall be binding upon the parties, their
successors, and assigns, and shall be binding upon and run with the land described in Exhibit A. A
copy of this Agreement may be recorded and indexed to the real estate described in Exhibit A, in
the records of the Saline County Register of Deeds.
EXECUTED the day and year first above stated.
CITY OFS• • , KANSAS
By: ,�
Aaron K. ouseholter, Mayor
A I I EST:
a-Qndi L4(
Sh2ldi Wicks, CMC, City Clerk
PERRY RESIDUAL TRUST—BARBARA A.HOBBY
SHARE
By: / .d/Ar'L� / c
Brian Boye i resid t of A.vantage Trust Company,
Trustee
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ACKNOWLEDGEMENTS
STATE OF KANSAS,COUNTY OF SALGVE, SS:
This instrument was acknowledged before me on June 9 , 2014 by Aaron K.
Householter as Mayor and by Shandi Nicks as City Cle -of Salina, Kansas.
CYNTHIA S. WOLFF ft_Ii _ Si/
;
Notary Public• State of Kansas Notary it;blic /
My Appt.Expires /o-R—aoii.
STATE OF KANSAS, COUNTY OF SALINE, SS:
This instrument was acknowledged before me on June /0 . 2014 by Brian Boyer,
President of Advantage Trust Company, as Trustee of the Perry Residual Trust — Barbara A.
Hobby Share.
CYNTHIA S. WOLFF /
EtalaSVa Notary Public-State of • `
My Appt.Expires 0—S Notary 'j blic //
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EXHIBIT A
The property subject to this License Agreement is legally described as follows:
A TRACT OF LAND IN THE EAST HALF OF THE SOUTHEAST QUARTER OF
THE SOUTHWEST QUARTER (E/2 SE/4 SW/4) OF SECTION NINETEEN (19),
TOWNSHIP FOURTEEN (14) SOUTH. RANGE TWO (2) WEST OF THE SIXTH
PRINCIPAL MERIDIAN IN SALINE COUNTY, KANSAS, DESCRIBED AS
FOLLOWS:
BEGINNING AT A PONT ON THE SOUTH LINE OF SAID SECTION THREE
HUNDRED SEVENTY-FOUR (374') FEET WEST OF THE SOUTHEAST CORNER
OF THE SAID SOUTHWEST QUARTER. THENCE NORTH ONE HUNDRED
EIGHTY-FOUR (184') FEET, THENCE EAST ONE HUNDRED TWENTY-SIX (126')
FEET, THENCE SOUTH ONE HUNDRED EIGHTY-FOUR (184') FEET MORE OR
LESS TO THE SOUTH LINE OF SAID SECTION, THENCE WEST ONE HUNDRED
TWENTY-SIX (126') FEET MORE OR LESS TO THE POINT OF BEGINNING.
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EXHIBIT B
DEPICTION OF LICENSED RIGHT-OF-WAY
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I Book : 1282 Page : 1638
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