Agr Install Private IrragationOF
+ SALINE REGISTER
INTY DEEDS
*
Book: 1079 Ral�g ee : 1959
Receipt 0: 17435 Total Fees: $28.00
Pages Recorded: 6
Date Recorded: 6/9/2804 2:58:33 PM
LICENSE AGREEMENT
This License Agreement made this T--,— day of June, 2004, by and between the CITY OF
SALINA, KANSAS, a municipal corporation (referred to as "the City") and VANIER
PROPERTIES LLC, (referred to as "the Licensee").
RECITALS
A. The Licensee has informed the City of its desire to install a private irrigation well
line in the Overlook Drive right-of-way (RiverRun Addition) which will discharge into the public
storm water system as a method of recharging the retention/detention pond water feature within the
RiverRun Addition.
B. The City has found that the granting of a license to the Licensee to install the private
irrigation well line the public right-of-way as shown on Exhibit A will not interfere with use of the
public right-of-way by the City or its franchisees.
C. The City has found it to be in the public interest to grant a license to the Licensee to
install a private irrigation well line in the Overlook Drive right-of-way, subject to the terms and
conditions outlined below.
THE PARTIES THEREFORE AGREE:
1. Grant. The City hereby grants a license (the "License") to the Licensee to install and
maintain install a private irrigation well line (the "Line") in the Overlook Drive right-of-way along
the route shown on Exhibit A (the "Right -of -Way"), for the limited purpose of discharging into the
public storm water system as a method of recharging the retention/detention pond water feature
within the RiverRun Addition. The Line is not for the provision of any water service to any
member of the public and does not authorize the Licensee to provide water service under any
arrangement with any other person or entity.
2. Use of Right -of -Way. In the use of the Right -of -Way under this License
Agreement, the Licensee shall be subject to all rules, regulations, policies, resolutions, and
ordinances now or hereafter adopted or promulgated by the City and is subject to all applicable
laws, orders, rules, and regulations adopted by governmental bodies now or hereafter having
jurisdiction. In addition, the Licensee 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 Licensee's 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 Licensee 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
Book: 1079 Page: 1960
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, paving, crossings, utilities, public
improvements, or improvements of any kind injured or removed by the Licensee in its
activities under this License Agreement shall be fully repaired or replaced promptly by the
Licensee at its 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 Engineer.
d. The Licensee 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 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. Prior to construction, reconstruction, or relocation of any facilities in the
Right -of -Way, the Licensee shall submit to the City Engineer for approval, plans and
specifications of the proposed installation. Such approval shall not be unreasonably
withheld, delayed, or conditioned.
f. The Licensee 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 Licensee without expense to the City, its
employees, agents or authorized contractors. The Licensee 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 Licensee 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 Licensee at its 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.
h. It shall be the sole responsibility of the Licensee to take adequate measures
to protect and defend the Line in the Right -of -Way from harm or damage. If the Licensee
fails to accurately or timely locate the Line when requested, it will have no claim for costs
or damages against the City and its authorized contractors or any other party authorized to
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Book: 1079 Page: 1961
be in the Right -of -Way unless such party is solely responsible for the harm or damage by its
negligence or intentional conduct.
i. The Licensee shall notify the City not less than three (3) working days in
advance of any 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.
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 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
ordinance 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 Licensee
shall quit and surrender its use of the Line in the Right -of -Way in compliance with this License
Agreement.
4. Corp 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 Corp of
Engineers where applicable.
5. Breach of License Agreement. In the event that the Licensee uses the Line for any
purpose other than that specifically authorized under this License Agreement, all rights granted
hereunder to the Licensee shall immediately cease as if never granted and the Licensee shall
immediately quit and surrender its use of the Line in the Right -of -Way. In the event that the
Licensee 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 them by the City, or
in the event the Licensee abandons its 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 Licensee will quit and surrender its use of the Line in the
Right -of -Way in compliance with the terms of this License Agreement.
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Book: 1079 Page: 1962
6. Term. The License shall commence upon execution of this License Agreement and
shall continue until the earlier of
a. The Licensee's discontinuation of its authorized use of the Right -of -Way;
b. Notification of the Licensee 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 7 above.
7. Removal of Line. Upon termination of this License Agreement, the Licensee shall
have the right to remove the Line within a reasonable time, not to exceed one hundred twenty (120)
days. In the event the Licensee chooses to exercise the right to remove the Line, it 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 Licensee should exercise its 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
Licensee.
8. 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
Vanier Properties LLC
c/o Rex Vanier
6 Villa Road
S. Hamilton, MA 01982
9. Assignment of License. The Licensee shall not assign this license or any interest
therein without prior consent of the City.
10. Invalidi 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. Binding Effect. This License Agreement shall be binding upon the parties, their
successors, or authorized assigns.
in
EXECUTED the day and year first above stated.
A EST -
Lieu Ann Elsey, City ClerkU
Book: 1079 Page: 1963
CITY;4onte
INA, KANSAS
By:
D. Shadwick, Mayor
VANIER PROPERTIES LLC
By: V :n- r4•.
Rex Vanier,
STATE OF KANSAS COUNTY OF SALINE, SS:
On this jo-'� day of June, 2004, before me a Notary Public in and for said state,
personally appeared Monte D. Shadwick, Mayor of the City of Salina, Kansas 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 and acknowledged to me that they executed the same for the purposes therein
stated on behalf of the City of Salina, Kansas.
PENNY DAY
Notary Public - State of Kansas
My Appt. Expires NotarAPublic
STATE OF KANSAS COUNTY OF SALINE, SS:
On this day of June, 2004 before me a Notary Public in and for said state,
personally appeared Rex Vanier, % of Vanier Properties LLC, known to me to be the
person who executed the within License Agreement and acknowledged to me that he executed the
same for the purposes therein stated on behalf of Vanier Properties LLC.
KARE13 LEE
rotary Pub5c — State of Xnr.._--s
Ply Appt. Expires s -�� - oG 4.0P.blic
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