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License Agreement LICENSE AGREEMENT This License Agreement is made this 14k day of March, 2018, by and between the CITY OF SALINA, KANSAS, a Kansas municipal corporation, (the "City") and THEODORE L. LONG and GERALDINE L. LONG, husband and wife(the "Licensees"). RECITALS A. The Licensees own 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 1645 E. Cloud Street. B. The Licensees have informed the City of their desire to install a private sanitary sewer service line in the City's public right-of-way, for the purpose of connecting Licensees' property with the City's public sanitary'sewer system. C. The City has determined that the granting of a license to the Licensees 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 Licensees 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 Licensees 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 a residence to be constructed at 1645 E. Cloud Street. Except for this limited purpose, Licensees represent and covenant 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 acknowledge 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 Licensees 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 Licensees and their 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: 11111111111 IIIIIIIIIIIIIIIIIII 11111111111IV1111111111111E11101IIIIVIIII001111 REBECCA SEEMAN -“...REGISTER OF DEEDS SALINE COUNTY KANSAS -•!Book:1340 Page: 1475-1482 Receipt #: 116159 Recording Fee: 5140.00 Pages Recorded: 8cr.! Date Recorded: 3/30/2018 8:53: 15 AM Book 1340 Page: 1476 a. The Licensees' 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 Licensees and their 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 Licensees and their 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 and shall install the 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. The Licensees and their contractor shall connect the Line to the public sanitary sewer line and not directly to the sewer manhole at Christy Lane and East Cloud Street. b. All earth, materials, sidewalks, driveway approaches, paving, crossings, utilities, public improvements, or improvements of any kind injured or removed by the Licensees or their contractor in its activities under this License Agreement shall be fully repaired or replaced promptly by the Licensees at their 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 Licensees shall, at their 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 Licensees and their contractor 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 Licensees and their 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 Licensees without expense to the City, its employees, agents or authorized contractors. The Licensees 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 Licensees or their 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 -2- Book 1340 Page: 1477 • entity for construction, reconstruction, maintenance, or repair of public facilities or public improvements, or any other purpose of a public nature. Such relocation or adjustment shall be performed by the Licensees at their 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 Licensees to take adequate measures to protect and defend the Line in the Right-of-Way from harm or damage. If the Licensees fail to accurately or timely locate the Line, it will 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 Licensees or their 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 Licensees or their contractor shall, during construction and u°pon completion of the work, remove all temporary construction facilities, debris, and unused materials provided for in the work, and put the work site and the public right-of-way back 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 Licensees shall quit and surrender their use of the Line in the Right-of-Way in compliance with this License Agreement. -3- Book 1340 Page: 1478 • 4. Breach of License Agreement. In the event that the Licensees use the Line for any purpose other than that specifically authorized under this License Agreement, all rights granted hereunder to the Licensees shall immediately cease as if never granted and the Licensees shall immediately quit and surrender their use of the Line in the Right-of-Way. In the event that the Licensees or their 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 Licensees by the City, or in the event the Licensees abandons their 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 Licensees shall quit and surrender their 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 Licensees' discontinuation of their authorized use of the Right-of-Way; b. Notification of the Licensees 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 Licensees shall have the right to remove the Line within a reasonable time, not to exceed one hundred twenty(120) days. In the event the Licensees choose to exercise the right to remove the Line, they 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 Licensees exercise their right to remove the Line but fail 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 Licensees. 7. Indemnification and Hold Harmless. The Licensees 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 Licensees' use of the Right-of-Way. 8. 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, -4- Book 1340 Page: 1479 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 LICENSEES: Theodore and Geraldine Long 1605 E. Cloud Street Salina, KS 67401 9. 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. 10. 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. 11. 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. 12. 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 OF SALINA KANSAS By: --rmA `" \) fiva Trent W. Davis, M.D., Vice-Mayor ATTEST: Sited 70ati/ Shandi Wicks, CMC, City Clerk -5- Book 1340 Page: 1480 By: ge c_ Theodore L. Long i _ eraldine L. Lon. F' ACKNOWLEDGEMENTS STATE OF KANSAS, COUNTY OF SALINE, SS: This instrument was acknowledged before me on March /�, 2018 by Trent W. Davis, M.D., as Vice-Mayor and by Shandi Wicks as City Clerk of�JSalina, Kansas. Notary Pub , CATfioHY- fale BOLL /of My Appi.Expires 20'2./ Notary Public 77. „ / Q // STATE OF OF/-- /ANSAS, COUNTY OF/- ice4-` `� , SSC: /� This instrument was acknowledged before me on March 7 , 2018 by Theodore L. Long and Geraldine L. Long. (2-4_)7/—y 4/7 Notary Public //6// CATHY BOLL /71 `/ Notary Public- S ., . l MY AppI.Expires U7 ZQ -/ Book 1340 Page: 1481 EXHIBIT A The property subject to this License Agreement is legally described as follows: Lot One (1), Block One (1) of the Bixby-Long Addition to the City of Salina, Saline County, Kansas (aka 1645 East Cloud Street). -7- Book 1340 Page: 1482 Exhibit B 1645 E Cloud St pppp4 •••�•• •••• •••• • • - Cloud St • Proposed private sanitary sewer house service • Sky Ct c W -�� E • Public Sanitary Sewer MH 0 50 100 200 300 Public Sanitary Sewer Feet Private Sanitary Sewer