License Agreement 111 1111 MIIi 111 1111 1 !!11111111 11 111 1111111111lii iii 111111 iii
REBECCA SEEMAN
• ' *',REGISTER OF DEEDS SALINE COUNTY KANSAS
'.)Book:1352 Page: 711-717
Receipt #: 121296 Recording Fee: $123.00
Pages Recorded: 7 of
Date Recorded: 2/8/2019 9:50:11 AM
LICENSE AGREEMENT
This License Agreement made this 31s4 day of January 2019 by and between the CITY OF
SALINA, KANSAS, a municipal corporation (the"City") and Eric Sean Kindlesparger and Jessica A.
Kindlesparger, husband and wife(the"Licensees").
RECITALS
A. The Licensees are the owners of the building addressed as 1119_West Elm Street (the
"Building")located on the real estate legally described as follows:
Lot Three (3) of the Dakota Addition to the City of Salina, Saline County, Kansas.
B. The Licensees have informed the City of their desire to install a private water line within
the public right-of-way of a sixteen (16) foot public alley running between West Place on the east and
Chicago Street on the west for the purpose of providing a public water supply to the Building.
C. The City has determined that the granting of a license to the Licensees to install the private
water line within the public alley as depicted on the attached and incorporated Exhibit A should not
interfere with use of the public right-of-way by the City or their franchisees if existing public utilities are
properly located in advance of installation.
D. The City has determined that the public interest would be served by granting a license to
the Licensees to install the private water line within the public alley 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
and their contractor to install and maintain a private water line (the "Line") within the alley right-of-way
as depicted on Exhibit A (the "Right-of-Way"), for the limited purpose of providing a public water supply
to the Building. The Line is not for the provision of any water service under any arrangement with any
person or entity other than the Licensees, their successors and authorized assigns.
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:
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
Book 1352 Page: 712
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.
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 their activities under this License Agreement shall be fully repaired or replaced
promptly by the Licensees or their contractor 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 Public Works and Utilities Departments and in accordance with any other approved
specifications for performing work in the public right-of-way.
d. The Licensees or their contractor shall keep and maintain accurate records and as-built
drawings depicting accurate horizontal and vertical location 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 line or corners. Vertical
locations or all points of facilities shall consist of elevations in either City datum or United States
Geological Survey datum.
e. Prior to construction, reconstruction, or relocation of any facilities in the Right-of-Way, the
Licensees or their contractor shall submit to the Public Works and Utilities Departments for
approval, plans and specifications of the proposed installation. Such approval shall not be
unreasonably withheld, delayed, or conditioned.
f. 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 their authorized agents for a public project. Such location and
identification shall be at the sole expense of the Licensees without expense to the City, their
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.
g. 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 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, their 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.
h. 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 when requested, they will have no claim for costs or damages against the
City and their authorized contractors or any other party authorized to be in the Right-of-Way
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unless such party is solely responsible for the harm or damage by their negligence or intentional
conduct.
i. 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 their policies in the grant or denial of such street closure, which
shall not be unreasonably delayed or withheld. 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.
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 International Fire Code, Uniform Plumbing Code,
National Electrical Code, and the National Electrical Safety Code, 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 these codes
may be additional to or stricter than such minimum standards.
3. Indemnification and Hold Harmless. During the term of License, the Licensees and
their successors and assigns shall hold harmless and indemnify the City, their officers, agents,
employees and authorized contractors, against all liability, loss damage, expense, and judgment,
including attorney's fees so incurred, arising from or relating. to their installation, use or maintenance
of the Line in the public right-of-way pursuant to this License Agreement by the Licensees, their
agents, contractors, or employees.
4. 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.
5. Corps of Engineer Approvals. Any permission granted pursuant to this License
Agreement to install the Line shall be subject to and conditional upon approval by the Corps of Engineers
where applicable.
6. Breach of License Agreement. In the event that the Licensees uses 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 tem), condition or covenant of this License Agreement
within thirty (30) days after written notice to do so has been mailed to them 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.
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Boole 1352 Page 714
7. 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 90 days following such notice.; or
c. Termination of the License pursuant to paragraph 6 above.
8. Removal of Line. 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 chooses to exercise the right to remove the Line, the Licensees or their contractor
shall within the permitted time period restore the Right-of-Was' from which the Line are removed to as
good a condition as existed prior to the removal. In the event the Licensees or their contractor should
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.
9. Notices. Any notice to either party hereunder 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
Eric Sean and Jessica A. Kindlesparger
3877 South Brookville Road
Brookville, KS 67425
kindlespargerconstruction(ual ive.com
10. 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.
11. Amendments. Neither this License Agreement nor any of their 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.
12. 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
even term of this License Agreement shall continue in full force and effect with respect to any other
then existing or subsequent breach thereof.
13. Binding Effect. This License Agreement shall be binding upon the parties, their heirs and
assigns, and shall be binding upon and run with the land described in Recital A. A copy of this Agreement
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Boolc 1352 Page: 715
may be recorded and indexed to the real estate described in Recital A. in the records of the Saline County
Register of Deeds.
EXECUTED the day and year first above stated.
CITY OF SALINA, KANSAS
• By: ��t� M -
Trent W. Da M.D.. avor
ATTEST:
5EMZIA /alai
Shandi Wicks, CMC, City Clerk
By: Civ
Eric Sean Kin esparver
By: • CC,
Jesrn'ca A. indlesparger ,
STATE OF KANSAS, COUNTY OF SALINE, SS:
On this'll-II day of 2019, before me a Notary Public in and for said state, personally
appeared Trent W. Davis, M.D.. M _ of the City of Salina. Kansas and Shandi Wicks, CMC, City Clerk
for the City of Salina. Kansas, known to me to be the persons who executed the within License Agreement
and acknowledged to me that they executed the same for the purposes therein stated on behalf of the City
of Salina. Kansas.
CYNTHIA S. WOLFF / . 'I i i
a
Notary Public•State of Kansas AS / a i��
My Appt.Expires jp 7.o5
-? a. Notary`'ublicnn
Printed name:l Lill& ..
STATE OF KANSAS, COUNTY OF SALINE, SS:
On this s day of 2019, before me a Notary Public in and for said state, personally
appeared Eric Sean Kindlesparger and Jessica A. Kindlesparger, husband and wife, known to me to be the
persons who executed the within License Agreement and acknowledged to me that they executed the
same for the purposes therein stated on behalf of said limited liability corporation.
k71tK3t
KIMBERLY J.P.OWERY //// /J�j (p'f '�
'1 �7i �i�j/
Notary ublic
Printed name: , it, L .
Approved as to form:
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Book 1352 Page: 716
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Book 1352 Page: 717
EXHIBIT A
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