Loading...
License Agreement - Stanion Add " , . REBECCA SEEMAN G REGISTER IF DEEDS L J SAUtE C(lJ{TY KANSAS N Book: 1084 Page: 1298 Receipt I: 18768 ~-rotal Fees: $32.80 Pages Recorded: 7 LICENSE AGREEMENT Date Recorded: 8/~/2804 11: 19:25 AM This License Agreement made this ;).fl?l day of August, 2004, by and between the CITY OF SALINA, KANSAS, a municipal corporation, (referred to as "the City") and HOFF'S MACHINE AND WELDING CORPORATION, INC. (referred to as "the Licensee"). RECITALS A. The Licensee is the owner of the following described property located in Saline County, Kansas: A parcel ofland located in Lot 3, Block 1, Stanion Addition to the City of Salina, Saline County, Kansas, more particularly described as follows: Commencing at the Southeast comer of said Lot 3: thence on an assumed bearing of S 890 51' 09" W along the south line of said Lot 3 a distance of 120.00 feet to the Point of Beginning of said parcel; Thence N 000 00' 00" E a distance of 282.90 feet to a point on the North line of said Lot 3; thence S 710 38' 24" W along said North line a distance of 316.08 feet; thence S 000 00' 00" E a distance of 184.09 feet to a point on the South line of said Lot 3; thence N 890 51' 09" E along South line a distance of 300.00 feet to the Point of Beginning. Said tract contains 1.608 acres (70,050 sq. ft.) more or less. ("Licensee's property") B. The Licensee has informed the City of its desire to install a private sanitary sewer service line parallel to North Street and in the North Street public right-of-way for the purpose of connecting to an existing six-inch (6") private service extension crossing North Street as the means of serving Licensee's property located on North Street with sanitary sewer service, all as depicted on the attached and incorporated Exhibit A. C. The City has found that the granting of a license to the Licensee to install such private sanitary sewer service line in 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. D. The City has found it to be in the public interest to grant a license to the Licensee to install and maintain a private sanitary sewer service line serving Licensee's property in the North Street 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 a private sanitary sewer service line (the "Line") parallel to North Street and in the North Street public right-of-way (the "Right-of-Way") for the purpose of connecting to an existing six-inch (6") private service extension crossing North Street as the means of serving Licensee's property located on North Street with sanitary sewer service, all as depicted on the attached and incorporated Exhibit A. The Line is not for the provision of any sanitary sewer service to any other , . Book: 1084 Page: 1299 member of the public and does not authorize the Licensee to provide sanitary sewer under any arrangement with any other person or entity. 2. Condition. As a condition of the City's granting of the License, Licensee agrees to cooperate in the development of future shared sewer service agreements providing for shared use and maintenance responsibilities between Licensee and other property owners in the area, to the extent the capacity of the Line can properly serve Licensee and any other area development. 3. 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 ofthe public right-of-way and shall comply with the following: a. The Licensee's use ofthe 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 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 ofthe 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 comers. V erticallocations 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. -2- , ' Book: 1084 Page: 1300 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 . 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- , . Book: 1084 Page: 1301 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 Licensee shall quit and surrender its use of the Line in the Right-of-Way in compliance with this License Agreement. 5. 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. 6. 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 ofthis License Agreement. 7. 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 ofthe License pursuant to paragraph 6 above. 8. 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. 9. Notices. Any notice to either party hereunder shall be sufficient if mailed by United States mail, postage prepaid, at the following addresses: -4- , . Book: 1084 Page: 1302 City of Salina, Kansas c/o City Clerk P.O. Box 736 Salina, KS 67402-0736 Hoffs Machine and Welding, Inc. Henry L. Hoff, President 925 East North Street Salina, KS 67402-1731 10. Assignment of License. The Licensee shall not assign this license or any interest therein without prior consent ofthe City. 11. 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. 12. Binding Effect. This License Agreement shall be binding upon the parties, their successors, or authorized assigns. EXECUTED the day and year first above stated. CITY OF SALINA, KANSAS By: ATTEST: ~ HOFF'S MACHINE AND WELDING CORPORATION, INe. By: ø:~~ -5- . . Book: 1084 Page: 1303 STATE OF KANSAS COUNTY OF SALINE, SS: On this .;¡ '!:! day of August, 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. () KAR::; LfCE f,: 1.._" ~',>\"ry p.~!:::,c - C~"tÐ e>f !< ~r~oC" ~J My Appt. Expires S .//- Ð~ ~ ~~ Notary PublIc STATE OF KANSAS COUNTY OF SALINE, SS: On this &./~ day of August, 2004 before me a Notary Public in and for said state, personally appeared Henry L. Hoff, President of Hoff Machine and Welding Corporation, Inc., 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 Hoff Machine and Welding Corporation, Inc. PENNY DAY ~ Notary Public - te of nsas My APPt. Expires ( ~~ -6- -t Q M .-4 II CII C1 f1I 0. -t CO 51 .-4 II .:c 0 0 If! . L LICENSE HOFF1S I ~ I -I- i I S C A LE ~ I" = 8;0' EXIST.6"STUB I I APPROX..., 130! ~ ), ~ I I EXIST. MH 3: ll: .0 co EXIST-e" SAN. SEW. Ëx HI BIT -!'A II ~ AGREEMENT MACHINE a WELDIN'G C0RP./NC, w z :J ~ 0 a:: a. PROPOSED. BUILDING 300' -- - ---- NORTH ST. ""------ PROPOS ED 4" SAN. SEW. -~--~---' -------~ w :2 - -l cL 0 a:: a.. 120' ~ ..J m r<) ci I- a 0 <t ..J lL Z 0 0 w z Z <t -I- ..J (/) 1- U) IJ.J 3: ~ ~ tt) ¿J '\ 0 ~ EXIST. CURB - c:<) ,.....