Agr License Shalimar PlazaCA SEEMAN
iF DEEDS G#sE �cRO
Book: 1071 Page: 1149
Receipt #: 14856 Total Fees: $28.08
Pages Recorded: 4
Date Recorded: 3/1/2004 3:02:48 PM
LICENSE AGREEMENT
This License Agreement is entered into this`'l L day of February, 2004, by and between the
CITY OF SALINA, KANSAS (the "City") and JOAN WILSON, ("Licensee").
Recitals
A. Licensee owns commercial real estate fronting on South Ohio Street, Salina,
Kansas, legally described as follows:
Lots 4 and 12, Block 10, Shalimar Plaza Addition to the City of Salina, Kansas (the
"Real Estate").
B. Licensee has constructed a concrete and brick mailbox in the South Ohio Street
right-of-way adjoining the Real Estate (the "Improvements").
C. The City's Engineering Department has concluded that under the circumstances,
allowing Licensee to maintain the Improvements, without modification and in its current location,
will not interfere with the current public use of the public right-of-way.
THE PARTIES THEREFORE AGREE:
1. Grant of License. The City grants a license to Licensee for the construction and
maintenance of the Improvements, without modification and in its current location, as shown on
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 as constructed and
maintained at the location depicted on Exhibit A; or
B. isoiliication or Licensee by the City that the public inierest is best
served by the use of the public 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 2.13, Licensee must remove that portion of the Improvements
that extend over the public right-of-way no later than the designated license termination date. If
Licensee fails to remove the Improvements from 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.
Hook: 1071 Rage: 1150
4. 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 public 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
Retaining Wall System. Each party shall give immediate notice to the other of alll 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
public 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 her 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.
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
Joan Wilson
P.O. Box 1305
Salina, KS 67402-1305
6. Assignment of License. The assignment of any rights under this License Agreement
by Licensee shall be subject to the prior written consent of the City.
7. Binding Effect. This License Agreement shall be binding upon the parties, their
heirs, beneficiaries, personal representatives, successors and authorized assigns.
Executed the day and year first above written.
CITY OF SALINA, KANSAS
By: CU1,4,V1 F—
Alan E. Jilka, Mayor
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Hooks 107JL Page: 1151
A EST:
Lieu Ann Elsey, City Cl
JOAN WILSON
By:
oan Wilso
STATE OF KANSAS; COUNTY OF SALINE, SS:
On this 71! day of February, 2004, before me a Notary Public in and for said state,
personally appeared Alan E. Jilka, Mayor, and Lieu Ann Elsey, 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 therein
stated.
5-�i•ob -. Gam`
Notary Public
STATE OF KANSAS, COUNTY OF SALINE, SS:
On this_:� t f day of February, 2004, before me a Notary Public in and for said state,
personally appeared Joan Wilson, known to me to be the person who executed the within License
Agreement and acknowledged to me that she executed the same for the purposes therein stated.
1
Notary Public
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