440 N Ohio LICENSE AGREEMENT
This License Agreement (`'Agreement") is entered into this /ii day of August, 2015,
by and between the City of Salina, Kansas (the "City"), and Millicent F. Triplett, Rebecca L.
Augustine, and Advantage Trust Company. as Trustees, of The Rebecca L.Augustine Trust No. 2
dated April 21, 1977, f/k/a Trust No. I of the Rebecca Lynn Augustine Agreement Trust No. 2
dated April 21, 1977. f/k/a Trust I of the Rebecca L.Augustine Trust No. 2 U/A dated April 21,
1997 (collectively the "Licensee").
Recitals
A. The Licensee is the fee simple owner of certain real estate commonly known as
440 N. Ohio St., Salina. Kansas; and legally described on the attached and incorporated Exhibit
A (the "Property`), which is currently operated as a storage and moving business.
B. The City is the owner of certain public right-of-way for Ohio Street adjacent to
and abutting the west boundary of the Property("Right-of-Way").
C. The Licensee requests permission from the City to allow the Licensee, its
employees, agents, customers, and guests to temporarily utilize a portion of the Right-of-Way for
the purpose of allowing vehicular movement necessary for the Licensee, its employees, agents,
customers, and guests to enter and exit the Property via motor vehicle.
D. The City has found it to be in the public interest to grant a license to the Licensee,
subject to the terms and conditions of this Agreement.
THE PARTIES THEREFORE AGREE:
1. Grant. The City hereby grants the Licensee a non-exclusive license (the
"License") authorizing the temporary vehicular utilization by Licensee, its employees, agents,
customers, and guests upon a portion of the Right-of-Way as depicted on Exhibit B attached
hereto (the "Access Area"), for the limited purpose of allowing the vehicular movement
necessary for the Licensee, its employees, agents, customers, and guests to enter and exit the
Property via motor vehicle.
2. No Other Use. Except for the limited purpose authorized under Section 1 above,
the Licensee shall not use the Access Area for any other purpose. Without limiting the
foregoing, the Licensee shall not use or allow the Access Area, or any.portion thereof. to be used
for parking, signage, or storage.
3. City's Installation. Licensee acknowledges and agrees that the City shall install,
or cause to be installed, a strip of colored concrete between the western edge of the Access Area
and the adjacent public sidewalk, for the purpose of visually identifying the boundary between
the sidewalk and the Access Area.
REBECCA SEEMAN
t'`--`&tPEGISTER OF DEEDS SALINE COUNTY KANSAS
; Book: 1301 Page: 633-612
�1,•':"' y Receipt a: 101532 Recording Fee: 031.00
\; j Y Rage=_ Recorded: 10 c N
Date Recorded: 8/21/2015 10:92:98 AM
Book : 1301 Page : 634
4. Maintenance; Alterations.
A. The Licensee shall be responsible, at its sole cost and expense, for
maintaining the Access Area in a good and safe condition, and removing snow, trash, and
rubbish in the Access Area.
B. Except in connection with the performance of its obligations under Section
4.A above, the Licensee shall not make any alterations, additions, or improvements on or to the
Access Area without the prior written consent of the City by an amendment to this Agreement.
5. Comprehensive General Liability Insurance.
A. The Licensee agrees to procure and maintain, during the term of this
Agreement, commercial general liability insurance with (a) limits not less than 51,000,000 each
occurrence of bodily injury and/or property damage. (b) a $500,000 personal and/or advertising
injury limit, (c) a $1,000,000 products and completed operations aggregate, and (d) a $1,000,000
general aggregate.
B. The Licensee shall keep on file with the City a certificate of Insurance that
shows compliance with its obligations a set forth herein. The Licensee agrees to obtain
insurance coverage or self-insure itself for contents or owned equipment associated with its own
operations(s). The Licensee or its insurance representative shall provide for at least thirty (30)
days prior written notice of cancellation or any changes of insurers to the City.
C. 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 offers proof that it is admitted to do business in the State of Kansas or, if
not admitted to do business in the State of Kansas, the state in which the insurance carrier is
incorporated, and carries a Best's rating of "A:X" or better; or is a company mutually agreed
upon by the City and the Licensee.
6. Indemnification. The Licensee shall defend, indemnify, and hold harmless the
City, its agents, representatives, officers, officials, and employees from and against any and all
claims, damages, losses,judgments and expenses (including but not limited to attorney fees and
court costs) that may arise from or in any way relate to this Agreement or the Licensee's use of
the Access Area.
7. No Warranty or Representation. 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 Agreement shall
terminate and the Licensee shall quit and surrender its use of the Access Area in compliance with
this Agreement. The Licensee agrees that the City has made no representations with respect to the
Access Area or its condition, and that the Licensee is not relying on any representations of the
Book : 1301 Page : 635
City or its agents with respect to the Access Area or its condition. This Agreement grants the
Licensee a License to use the Access Area in its present condition, "as is," without any
warranties, representations, or assurances from the City.
8. Term. The License shall commence upon execution of this Agreement, and shall
continue until the earlier of:
a. Discontinuation of the Licensee's use of the Access Area for the purpose
authorized in Section I above;
b. Termination by the City based upon the failure of the Licensee to comply
with any term, condition, or covenant of this Agreement after ten (10) days' written notice from
the City to the Licensee of the specific failure to comply; or
c. Written notification to the Licensee by the City that the public interest is
best served by the use of the Access Area and/or the adjacent Right-of-Way' in a manner in
conflict with the License, and that the License shall terminate no less than one (1) calendar year
following such notice.
9. Responsibilities upon Termination. Upon termination pursuant to Section 8
above, the Licensee shall restore the Access Area to as good a condition as existed prior to the
License. If the Licensee fails to restore the Access Area within thirty (30) days after notice from
the City to do so, the City shall have the right to cause the necessary work to be performed and
charge the cost of the work against the Licensee and/or assess the costs as a special assessment
against the Property.
10. Amendments. Neither this Agreement nor any of its terms may be changed or
modified, or waived except by an instrument in writing signed by an authorized representative of
the party against whom the enforcement of the change, modification, or waiver is sought. Any
such amendment may be recorded and indexed to the Property in the records of the Saline
County Register of Deeds.
11. Notices. All notices required or permitted to be given pursuant to this 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
Owner: The Rebecca L. Augustine Trust No. 2
3
Book : 1301 Page : 636
•
Attn: Advantage Trust Company, Trustee
Julie Sager Miller, CEO
227 S. Santa Fe
Salina. KS 67401
12. No Waiver. No failure or delay by a party hereto to insist on the strict
performance of any term of this 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 Agreement,
but each and every term of this Agreement shall continue in full force and effect with respect to
any other then existing or subsequent breach thereof.
13. Invalidity in Part. If any clause, sentence, or paragraph of this Agreement shall be
held to be invalid, it shall not affect the validity'of the remaining provisions of this Agreement.
14. Applicable Law; Venue. This Agreement and its validity, construction and
performance shall be governed by the laws of Kansas. In the event of any legal action to enforce or
interpret this Agreement, the sole and exclusive venue shall be in the Saline County. Kansas District
Court.
15. Assignment of License. The assignment of any rights under this Agreement by
the Licensee shall be subject to the prior written consent of the City.
16. Binding Effect. The City, the Owner, and the Licensee agree that this Agreement
shall be recorded with the Office of the Saline County Register of Deeds and shall be indexed to
the Property. This License shall "run with the land" in relation to the 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 all or any portion of the Property.
{Signature Page Follows}
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Book : 1301 Page : 637
Executed the day and year first above written.
CITY OF SALINA, KANSAS
re
By: aatail.
Joy • . B .'ward, Mayor
ATTEST:
Shand' Wicks. CMC. City Clerk
THE REBECCA L.AUGUSTINE
TRUST NO. 2 DATED APRIL 21,' `, fl_ , 1 1977/
By: \!/la1A / 2(,4 (
Millicent F. Triplett. Trustee 1
By: � 44-S.
Rebecca L. Augustine. Trustee
Advantage Trust Company. Trustee
Br /7/
Li lie San ill-C CEO
5
Book : 1301 Page: 638
ACKNOWLEDGEMENTS
STATE OF KANSAS, COUNTY OF SALINE, ss:
This instrument was acknowledged before me on August l'. 2015, by Jon R.
Blanchard. Mayor of the City of Salina Kansas, and Shandi Wicks, CMC, City Clerk for the
City of Salina, gnatHELE R.ORR-MUTHS
Notary Public- State of Kansas I
tl
My App!.Expires ?I'411 i `V 90'\ f`
Wit r Notary ublic
STATE OF KANSAS, COUNTY OF SALINE. ss:
This instrument was acknowledged before me on August Ii . 2015 by Millicent F.
Triplett as Trustee of THE REBECCA L. AUGUSTINE TRUST NO. 2 DATED APRIL 21,
1977. f/k/a Trust No. 1 of the Rebecca Lynn Augustine Agreement Trust No. 2 dated April 21,
1977. f/k/a Trust 1 of the-Reeser:A-1 4lionctfne Trust No 2 U/A dated April 21, 1997.
JAMIE TUCKER
My appointment expire : NOTARY PUBUC
STATE OF KANSAS •
! p•
I ►fiAExp.{ o-L9•� 0- m Luc�L�
D ) Z9 )L �c�,.�'1t&t_y t(Notary Public
STATE OF KANSAS, COUNTY OF SALINE, ss:
This instrument was acknowledged before me on August I I . 2015 by Rebecca L.
Augustine as Trustee of THE REBECCA L. AUGUSTINE TRUST NO. 2 DATED APRIL 21,
1977, f/k/a Trust No. 1 of the Rebecca Lynn Augustine Agreement Trust No. 2 dated April 21,
1977, f/k/a Trust I of the Rebecca L.Augustine Trust No. 2 U/A dated April 21, 1997.
My appointm- t expires:
lase JAMIE TUCKER cSL-
NOTARY PUBLIC
STATE
FF� �
KANSAS��� J I utkid Notary Public
APO.ExP. Pik
STATE OF KANSAS, COUNTY OF • . ss:
This instrument was acknowledged before me on August I I . 2015 by Julie Sager Miller
as CEO of Advantage Trust Company as Trustee of THE REBECCA L. AUGUSTINE TRUST
NO. 2 DATED APRIL 21, 1977. f/k/a Trust No. 1 of the Rebecca Lynn Augustine Agreement
Trust No. 2 dated April 21, 1977, f/k/a Trust 1 of the Rebecca L. Augustine Trust No. 2 U/A
dated April 21, 1997.
My appointment expires:
at D. 2.r“.---
ROBERT B. RICHARDSONI 9{T-IO.,ial Notary Public
azie Notary Public-State of Kansas
,My Appt. Expires 1.29./6
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EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
Tract 1
" Lot I. EXCEPT the North 15 feet. Lots 2. 3. 4 and 5. EXCEPT the East 80 feet Lot 5, Block 1.
TRIPLETT II ADDITION to the City of Salina. Saline County, Kansas.
Lot 5 EXCEPTION is also described as follows:
A tract of land lying in the Southwest Quarter of Section 7, Township 14 South, Range 2 West of
the 6th P.M., and including part of the Triplett II Addition to the City of Salina. Saline County.
Kansas. and being more particularly described as follows:
Commencing at the Northwest Corner of the Southwest Quarter of said Section 7; thence North
89°16'11" East along the North line of the Southwest Quarter of said Section 7. a distance of
718.46 feet; thence South 0°43'49" East, a distance of 47.40 feet to a point on the South Right of
Way line along North Street. and the true point of beginning: thence South 89°44'36" East, along
the South Right of Way line of North Street, a distance of 80.00 feet, to a found bar in concrete;
thence South 00°17'38" West, a distance of 372.93 feet to a found bar in concrete; thence South
89°24'11" West, a distance 80.00 feet: thence North 00°17'38" East, a distance of 374.13 feet. to
the point of beginning;
Tract 2
p parcel of land located in Block 7. LAKEWOOD ADDITION to the City of Salina. Saline
County. Kansas, more particularly described as follows:
Beginning at the Northeast Corner of said Block 7; thence on an assumed bearing of South
00°00'42 East along the East line of said Block 7 a distance of 480.90 feet to the Southeast
Corner of said Block 7, said point also being on the North right-of- way line of Lakewood Circle;
thence along the South line of Block 7 and said North right-of-way line on a curve to the left
with a radius of 216.91 feet, a chord length of 141.23 feet, a chord bearing of North 70°59'18"
West and an arc length of 143.85 feet: thence South 89°59'39" West along said South line and
North right-of-way line a distance of 26.49 feet; thence North 00°00'42" West a distance of
372.02 feet; thence North 90°00'00" West a distance of 329.72 feet to a point on the East right-
of-way line of Ohio Street; thence North 00°01'02" East along said East right-of- way line a
distance of 62.88 feet to a point on the North line of said Block 7; thence North 90°00'00" East
along said North line a distance of 489.69 feet to the point of beginning, EXCEPT for:
A parcel of land located in Block Seven (7), Lakewood Addition to the City of Salina.
Saline County; Kansas, more particularly described as follows: Beginning at the
Southeast corner of Block Seven (7); thence along the South line of Block Seven (7) on a
curve to the left with a radius of 216.91 feet, chord bearing of N70°59'18"W (assumed).
a chord length of 141.23 feet and an arc length of 143.85 feet: thence S89°59•39"W
along the South line a distance of 26.49 feet; thence N00°00'42"W a distance of 161.37
feet; thence S89°47'23"E a distance of 160.01 feet to a point on the East line of said
7
I
Book : 1301 Page : 640
Block Seven (7): thence 500°00'42"E along said East line a distance of 206.78 feet to the
Point of Beginning
Tract 3:
.Atract of land lying in the Southwest Quarter of Section Seven (7). Township Fourteen (14)
South, Range Two (2) West of the 6th Principal Meridian. and including a part of the Lakewood
Addition Replat to the City of Salina. Saline County. Kansas, and being more particularly
described as follows: Commencing at the Northwest Corner of the Southwest Quarter of Section
Seven (7), Township Fourteen (14) South, Range Two (2) West; thence S00°00'00"W along the
West line of the Southwest Quarter of Section Seven (7), a distance of 419.31 feet; thence
N90°00'00"E a distance of 50.00' to a found bar in concrete on the East right-of-way line along
Ohio Street and the true POINT OF BEGINNING: thence N89°24.11- E a distance of 489.83
feet; thence S00°00'00"W parallel with the West line of said Southwest Quarter a distance of
67.14 feet; thence N90°00'00"W a distance of 489.81 feet, to a found bar in concrete on the East
right-of-way line of Ohio Street; thence N00°00'00"E along the East right-of-way line along
Ohio Street, and parallel with the West line of said Southwest Quarter a distance of 62.04 feet, to
the POINT OF BEGINNING. The above described tract contains 31,638.25 square feet, or 0.73
acres. more or less, and is part of Lot Ten (10). Block Two (2) of the Lakewood Addition Replat.
Tract 4:
" A tract of land lying in the Northwest Quarter of the Southwest Quarter of Section Seven (7),
Township Fourteen (14) South, Range Two (2) West of the 6th Principal Meridian. Saline
County. Kansas, and being more particularly described as follows: Commencing at the West
Quarter Corner of Section Seven (7). Township Fourteen (14) South, Range Two (2) West;
thence S00°00'00"W along the West line of the Southwest Quarter of said Section Seven (7), a
distance of 419.31 feet; thence N90°00'00' E a distance of 50.00 feet to a found bar in concrete
on the East right-of-way line of Ohio Street; thence N89°24'I 1"E a distance of 489.83 feet. to
the true POINT OF BEGINNING; thence continuing N89°24'11-E, a distance of 177.29 feet;
thence S00°17'38"W, a distance of 68.99 feet; thence N90°00'00"W a distance of 176.93 feet:
thence N00°00'00"E parallel with the West line of the said Southwest Quarter, a distance of
67.14 feet, to the POINT OF BEGINNING. The above described tract contains 12,055.03
square feet. or 0.28 acres, more or less, and is a part of Lot Ten (10), Block Two (2) of the
Lakewood Addition Replat.
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Book : 1301 Page : 641
EXHIBIT B
DEPICTION OF ACCESS AREA
{See attached}
9
Book : 1301 Page : 64
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