Parking Spaces in the Public R-O-W , REBECCA SEEMAN
;'5�":°tpEGISTER OF DEEDS SALINE COUNTY KANSAS
r:10.87,1
1 Book: 1285 Page: 168-172
Receipt a: 98758 Recording Fee: 629.00
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Date Recorded: 8/6/2019 11fl9:36 AM
•
LICENSE AGREEMENT FOR PARKING SPACES
IN THE PUBLIC RIGHT-OF-WAY
This License Agreement to allow construction of parking spaces in the Public
Right-of-way ("License Agreement") is entered into this 4th day of August, 2014 by and
between the City of Salina, Kansas ("City") and Kansas Wesleyan University
("Licensee").
Recitals
A. Kansas Wesleyan University is a Kansas not for profit corporation and
educational institution whose campus is located within the city limits of Salina.
B. Kansas Wesleyan University is developing a university sports complex on the
block bordered by South Fourth Street on the west, Claflin Avenue on the north,
Osborne Street on the east and Cloud Street on the south described as follows
(the `Private Property":
Lot One (1), Block One (1) of the Kansas Wesleyan
University Sports Complex Addition to the City of Salina,
Saline County, Kansas
C. As part of the project, and in order to provide additional parking for students,
visitors and spectators; Kansas Wesleyan University is proposing to construct
paved head in recessed parking spaces in the Claflin Avenue right-of-way
abutting the sports complex on the north, consistent with the on street parking on
Claflin Avenue located between Highland Avenue and South Fourth Street.
D. The Licensee has submitted plans for locating and constructing the proposed
parking spaces in the Claflin Avenue right-of-way abutting Lot One (1), Block
One (1) of the Kansas Wesleyan University Sports Complex Addition.
E. The governing body of the City has determined that the public interest is best
served by the use of the public right-of-way as provided for in this License
Agreement.
THE PARTIES therefore agree and covenant:
1 . Grant of License. The City grants a license to Licensee, subject to the terms of
this License Agreement, (the "License") to use the right-of-way depicted on the
attached and incorporated Exhibit A (the "Licensed Right-of-way") for the limited
purposes of constructing and maintaining paved parking spaces in the Claflin
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Book : 1285 Page : 469
Avenue right-of-way in conformance with the approved Site Plan as shown on
the attached and incorporated Exhibit "A" subject to the following conditions:
a. The City Engineer shall have the authority to review and approve or
require modification of the final design of the parking spaces as to
dimensions, pavement markings, pavement material and thickness and
curbing to insure that no pedestrian or traffic hazards are created and that
the proposed head-in parking spaces will not interfere with the use of
Claflin Avenue as a public street; and
b. Licensee shall be solely responsible for the construction, maintenance,
pavement striping, snow removal, repair, replacement or reconstruction of
the parking spaces, for which the City shall not be responsible under any
circumstances.
2. Indemnification and Hold Harmless. Licensee shall indemnify and hold and save
the City, its officers, employees, agents, and contractors harmless from any loss,
cost, expense, penalty, damage, or judgment, including attorneys fees, that may
arise from the Licensee's use of the Licensed Right-of-way.
3. Insurance Requirements. Licensee agrees to procure and maintain, during the
term of this License Agreement and any extension thereof for its use and
operations in the Right-of-Way; (a) commercial general liability insurance with
limits not less than $1 ,000,000 each occurrence of bodily injury and/or property
damage, including the risk of explosion, collapse & underground; (b) $500,000
personal and/or advertising injury limit, $1,000,000 products and completed
operations aggregate and $1 ,000,000 general aggregate; (c) $500,000 auto
liability for all owned, hired and non-owned autos; and (d) statutory worker's
compensation insurance; . Licensee is responsible to ensure their independent
contractors carry coverage equal or greater than that required of the Licensee.
City shall be named as an additional insured on the Licensees' policies. Licensee
shall keep on file with the City a certificate of Insurance that shows compliance
with its obligations a set forth herein. Licensee agrees to obtain insurance
coverage or self-insure itself for contents or owned equipment associated with its
own operations(s). Licensee or its insurance representative shall provide for at
least thirty (30) days prior written notice of cancellation or any changes of
insurers to City.
The insurance limits outlined above represent the minimum coverage limit and do
not infer or place a limit of liability of the Licensee nor has the City assessed the
risk that may be applicable to the Licensee. The Licensee's liability program will
be primary and any insurance maintained by the City (including self-insurance)
will not contribute with the coverage maintained by the Licensee. Coverage
limits outlined above may be met by a combination of primary and excess liability
insurance programs. The City will only accept coverage from an insurance
carrier who offer proof that it is admitted to do business in the State of Kansas,
and carries a Best's rating of "A:X" or better; or is a company mutually agreed
upon by the City and the Licensee.
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Book : 1285 Page : 470
4. Term of License. This License shall commence upon execution of this License
Agreement and shall continue until the earlier of:
a. Termination of the License by the Licensee at any time after no less than
60 days notice from Licensee to the City.
b. Termination of the License based upon the Licensee's failure to construct,
maintain, repair, replace, or reconstruct the parking spaces as provided in
section 1 .b above, provided that such failure has not been cured by
Licensee within 60 days has written notice from the City.
c. Written notification to the Licensee by the City that the public interest is
best served by the use of the Licensed 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. In the event of termination pursuant to
this Section 4.c and upon request by the City, Licensee shall remove
and/or modify the parking spaces without cost to 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: City of Salina, Kansas
c/o City Clerk
P.O. Box 736
Salina, KS 67402-0736
Licensee: Kansas Wesleyan University
100 E. Claflin Avenue
Salina, KS 67401
6. Assignment of License. The assignment of any rights under this License
Agreement by the Licensee shall be subject to the prior written consent of the
City.
7. Binding Effect. The City and the Licensee agree that this License Agreement
shall be recorded with the Office of the Saline County Register of Deeds and
shall be indexed to the Private Property. This License shall "run with the land" in
relation to the Private Property and shall be binding upon and inure to the benefit
of the Licensee, its authorized or permitted successors and assigns, and any
subsequent owners of the Private Property.
(Signature Page Follows)
3
Book : 1285 Page : 471
EXECUTED the day and year first above written.
CITY OF SALIN x NSAS
By:
Aaron K. Householter, Mayor
ATTEST:
Slatigidi Shandi ck�C City Clerk
KANSAS WESLEYAN UNIVERSITY
By: //��P /
Matt Thompson, Presid-•
ACKNOWLEDGEMENTS
STATE OF KANSAS; COUNTY OF SALINE, ss:
This instrument was acknowledged before me on August 4/ , 2014, by Aaron
K. Householter, Mayor of the City of Salina, Kansas, and Shandi Wicks, CMC, City
Clerk, for the City of Salina, Kansas.
( {� MICHELE R.ORR-MOTHS t1
' _ - n�oary Public- State of Kansas .
My Apps.Expires $—f4-fl +J CCAA AA�ty
\-tC,Vit
tary Pu i
STATE OF KANSAS; COUNTY OF SALINE, ss: /
This instrument was acknowledged before me on August 7 , 2014, by Matt
Thompson, President of Kansas Wesleyan University.
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