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License Agreement for Subdivision Entrance Sign 11111 I I Il 0111I 1IIIIll I I11111I1111 11111011i 11I1II REBECCA SEEMAN ''� "y'REGISTER OF DEEDS SALINE COUNTY KANSAS jw�6-RiE Ela �`.;::; .;)Book:1369 Page: 685-692 Receipt #: 128094 Recording Fee: $140.00 Pages Recorded: 8 GIV Date Recorded: 4/6/2020 9:21:40 AM LICENSE AGREEMENT FOR SUBDIVISION ENTRANCE SIGN This License Agreement is entered into this 2 nal day of March 2020, by and between the City of Salina, Kansas ("City"), Stone Lake Master Association, a Kansas not-for-profit corporation (the "Association"), and Stone Lake Development, LLC, a Kansas limited liability company, as developer of the Stone Lake Addition subdivision(the "Developer"). Recitals A. The Stone Lake Master Association and Developer wish to incorporate certain aesthetic improvements consisting of a center median island in the public right-of-way at the intersection of Shoreline Drive and South Ohio Street and an 8 ft. x 13 ft. 8 in. stone sign structure that would be installed within the island at the west entrance to the Stone Lake Addition subdivision. B. The Association and the Developer agree to accept responsibility for the maintenance of the existing island and the construction and maintenance of the subdivision entrance sign in perpetuity. C. The City shall not be responsible for the repair, replacement, reconstruction or removal of these aesthetic improvements in the public right-of-way under any circumstances. D. The City Engineer has concluded that under the circumstances allowing the Association and the Developer to construct and maintain the subdivision entrance sign in the location proposed will not interfere with the use of the public right-of-way. E. The governing body of the City has determined that the public interest is best served by the use of the public right-of-way as provided for in this License Agreement. THE PARTIES therefore agree and covenant: 1. Grant of License. The City grants a license to the Association and the Developer for the ongoing maintenance of the existing island and construction and maintenance of a subdivision entrance sign in the proposed location within the island located in the Shoreline Drive right-of-way as shown on the attached and incorporated Exhibit "A", and Exhibit"B"subject to the following conditions: a. The existing public utilities in the Shoreline Drive right-of-way must be field located both horizontally and vertically. The proposed subdivision entrance sign 1 Book 1369 Page: 686 footings must be located at least five (5) horizontal feet from outside edge of the sign to the center of any underground utility wires or pipelines. b. Evergy shall have the authority to review and approve or require modification of the final subdivision entrance sign location prior to installation of the proposed sign based on the location of the footings in relation to their underground wiring. 2. Indemnification and Hold Harmless. The Association and the Developer shall indemnify and hold and save the City, its officers, employees, agents, and contractors harmless from any loss, cost, expense, penalty, damage, or judgment, including attorneys' fees that may arise from the Association's or the Developer's use of the Licensed Right-of-way. 3. Term of License. This License shall commence upon execution of this License Agreement and shall continue until the earlier of: a. Termination of the License by the Association and the Developer at any time after no less than 60 days notice from the Association and the Developer to the City. b. Termination of the License based upon the Association's and the Developer's failure to construct, maintain, repair, replace, or reconstruct subdivision entrance sign as provided in section 1. above, provided that such failure has not been cured by the Association or the Developer within 60 days of receipt of written notice from the City. c. Written notification to the Association and the Developer by the City that the public interest is best served by the use of the Licensed 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. In the event of termination pursuant to this Section 4.c and upon request by the City, the Association and the Developer shall remove and/or modify the subdivision entrance sign without cost to the City. 4. Responsibilities Upon Notification of Termination. If notice of termination of the License is given pursuant to paragraph 4, the Association and the Developer must remove the center median island and subdivision entrance sign located within the public right-of- way no later than the designated license termination date. If the Association and the Developer fail to remove the monument 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 to the Association and the Developer,jointly and severally, and/or assess the costs as a special assessment against the lots within the Stone Lake Addition subdivision described in Exhibit B attached hereto ("Developer's Real Estate"). 5. Notices. Any notice to the parties shall be sufficient if mailed by United States mail, postage prepaid, at the following addresses: City: City of Salina, Kansas c/o City Clerk P.O. Box 736 Salina, KS 67402-0736 2 Bank 1369 Page: 687 Association: Stone Lake Master Association Attn: Tod Roberg 1334 N. Ohio Street, P.O. Box 542 Salina, KS 67402-0542 Developer: Stone Lake Development, LLC Attn: Tod Roberg 1334 N. Ohio Street, P.O. Box 542 Salina, KS 67402-0542 6. Assignment of License. The assignment of any rights under this License Agreement by the Association or the Developer shall be subject to the prior written consent of the City. 7. Binding Effect. The City, the Association and the Developer agree that this License Agreement shall be recorded with the Office of the Saline County Register of Deeds and shall be indexed to the Developer's Real Estate described in Exhibit "C". This License shall "run with the land" in relation to the Developer's Real Estate and shall be binding upon and inure to the benefit of the Association and the Developer, and their respective authorized or permitted successors and assigns, and any subsequent owners of all or any portion of the Developer's Real Estate. (Signature Page Follows) 3 Book 1369 Page: 688 EXECUTED the day and year first above written. CITY OF • INA, • S BY: Michael L. Hoppock, Ems. ATTEST: SAQ-411 1.,0401 Shandi Wicks, CMC, City Clerk STONE LAKE MASTER AS By: / *' od R. Roberg,President STONE LAKE DEVELO ' By: od R. Roberg,Member 4 Book 1369 Page: 689 ACKNOWLEDGEMENTS STATE OF KANSAS; COUNTY OF SALINE, ss: On this 2nd day of March 2020 before me a Notary Public in and for said state, personally appeared Michael L. Hoppock, Mayor, 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 on behalf of the City, and acknowledged to me that they executed the same for the purposes therei• . Notary Public Notary Public-State of Kansas Printed Name:Desayc\d\A v� My appointment expires: = DEBORAH A.PETERSON Z:11 My Appt.Expl l-LD-2 3 STATE OF KANSAS; COUNTY OF SALINE, ss: On this 2 rid day of March 2020 before me a Notary Public in and for said state, personally appeared Tod Roberg, President of Stone Lake Master Association, a Kansas not-for-profit corporation, known to me to be the person who executed the within License Agreement on behalf of Stone Lake Master Association, and acknowledged to me that he executed the same for the purposes therein stated. My appointment exp' E P Note LOUISPubllc-StateDUof KaESnsaa IOW* Notary P blic Printed Name: L-0 . _ , • - STATE OF KANSAS; COUNTY OF SALINE, ss: On this 2nd day of March 2020 before me a Notary Public in and for said state, personally appeared Tod R. Roberg, Member of Stone Lake Development, LLC, a Kansas limited liability company, known to me to be the person who executed the within License Agreement on behalf of the Stone Lake Development, LLC, and acknowledged to me that he executed the same for the purposes therein stated. My appointment exp.re LOUISE DUPES Notary Public)`-State of Kansas k, My Appt. Expires Vi offal 4 std / Notary Public Printed Name: r Lc(__. ►•S 5 Book 1369 Page: 690 Exhibit A ,,t 11111//// N 0 Lo Oi s 1 <// I ::‘,/,‘ ii N 0 y tO aa M/af 3AI210 3NY1 1V1S,iaO 8wmalAci= -17-Tt a alnaN (r- ------.. . .. --- <6 0 7W Z0 I L ! h • • II ,, - F . LN ,/��\y 77C"1 zz K W V . I CC ',1 co • J In W La W u ce 9 L) • J La Q Wil to O F W z N W F o cai o Q ZQ - Z I Z V 7 N .1 .71 W 1 0 F o > -J_ W 1. '4 u w5 p a i-. I J O Ig W O Z W W 7 N o O W m 7 N � U Jw < II J 3t z? 0 > 3' 3 0 I EdE. z 1n N .: I w, �zz o w I g— v N0 w 1 I) a J u.) a:r `; v, o <I o CC N O U - K NOV81.35 ,Z4'lS1n _ I�� ,BS'iZ I.z 9owning ,St p ; I ., IOW iN 66'1 NZ •a o— 0w _ r _ , IFw z o M/8 ,SX 0 c b _ _ . o v 14-, I n ,�11�� V nto .e., , .„ ; mW Z :!1I W PO vv %,...4( Mid 1332i1S OIHO a Ihill iaripp'W.:1 BE:907T 6101/01/6'6 Mp'BX3ZLZZW91HX3\ZLZZ 613\5.0701/d OE 11AD\Z Book: 1369 Page: 691 Exhibit B cf)00 Boolc 1369 Page: 692 Exhibit C 4ots One (1) through Twenty-six (26), Inclusive, Block One (1) Stone Lake Addition to the City of Salina, Saline County, Kansas. Lots One (1)through Twenty-seven (27), Inclusive, Block Two (2), Stone Lake Addition, to the City of Salina, Saline County, Kansas. L- Lots One (1)through Nineteen (19), Inclusive, Block Three (3), Stone Lake Addition to the City of Salina, Saline County, Kansas. ,7(ots Sixteen (16) through Twenty (20), Inclusive, Block Four(4), Stone Lake Addition to the City of Salina, Saline County, Kansas. , Lots One (1) through Six (6), Inclusive, Block Six (6), Stone Lake Addition to the City of Salina, Saline County, Kansas. /Lots One (1) through Seven (7), Inclusive, Block Seven (7), Stone Lake Addition to the City of Salina, Saline County, Kansas. /Lots One (1)through Twenty-two (22), Inclusive, Block Eight (8), Stone Lake Addition to the City of Salina, Saline County, Kansas.