ROW Landscape Agreement
LICENSE AGREEMENT FOR COOPERATIVE LANDSCAPING
ON PUBLIC RIGHT-OF-WAY
This License Agreement for Cooperative Landscaping on Public Right-of-way
("License Agreement") in entered into this ':<'1- day of September, 2004 by and between
the City of Salina, Kansas ("City") and D.L. Sampson and Delma M. Sampson, Trustees
and their successors under the D.L. Sampson Trust #1 dated October 20 1995 (owners)
and Triplett, Inc. a Kansas corporation (tenant) ("Licensees").
Recitals
A. Triplett, Inc. is developing a new convenience store and travel
plaza on the commercial tract of real estate located at the southeast comer of the
intersection of North Ninth Street and Gold Road in the City of Salina, Kansas,
legally described as:
Lots One (1) and Two (2), Block Two (2), Grain Belt Subdivison to the
City of Salina, Saline County, Kansas (the "Private Property")
B. The Kansas Department of Transportation (KDOT) is reconstructing the
North Ninth Street - Interstate 70 interchange.
C. The City is planning significant improvements to the intersection of North
Ninth Street and Diamond Drive and the City has determined that the north-south
frontage road abutting the Private Property is no longer needed as a public roadway.
D. Licenseess have filed a petition to vacate and close the north-south
frontage road and have the 45 ft. frontage road right-of-way revert back to private
ownership and use.
E. The City and the Licensees wish to cooperatively provide for an integrated
landscape plan for the Private Property and the abutting public right-of-way in
furtherance of the City's goal of beautifying its entryway corridors, including public-
private partnerships where feasible, and in a manner consistent with Salina Code Section
35-40.
F. The Licensees has submitted and City staff has approved a landscape plan
for the Private Propeliy and the abutting right-of-way, a reduced copy of which is
attached as Exhibit A, (the "Landscape Plan"). The Landscape Plan includes two
separate landscape areas noted on the Landscape Plan as A and B. Area B is located
strictly on the Private Property. Area A includes the vacated frontage road right-of-way
and the abutting public right-of-way and is the only area addressed by this License
Agreement.
REBECCA SEÐIAN C.
REGISTER IF DEEDS W
!JI:lINE COIJ TY KANSAS
Book: 1089 Page: 1957
Receipt I: 20465 Total Fees: $36.00
Pages Recorded: 8
Date Recorded: 10/13/ê004 11 :35:58 AfII
Book:
1089 Page:
1958
G. 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 Licensees, subject to the
terms of this License Agreement, (the "License") to use the Right-of-way depicted on the
attached and incorporated Exhibit B (the "Licensed Right-of-way") for the limited
purposes of:
(a) Installing and maintaining landscaping in substantial conformance
with the Landscape Plan.
(b) Designing, installing, and maintaining an irrigation system
approved by the City for Area A (the "Irrigation System").
2. Term of License. This License Agreement shall be for an initial term of
five (5) years commencing September~, 2004 and ending Septembe~ 2009
("Primary Term"). Unless Licensees shall give notice to the City of its intent to terminate
this License Agreement no later than ninety (90) days prior to the end of the Primary
Term, this License Agreement shall thereafter self-renew each subsequent year until the
earlier of:
(a) Termination of the License by the Licensees at any time after no
less than 60 days notice from Licensees to the City.
(b) Termination of the License based upon Licensees' failure to
maintain the Licensed Right-of-way as provided in section 6 below.
(c) Notification of Licensees 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.
3. Implementation of Landscape Plan for Area A. Implementation of the
Landscape Plan for Area A shall be fully implemented no later than November 1, 2004,
except to the extent that the Licensees identify and the City approves certain plantings
that are more likely to survive a spring planting, for which the planting deadline shall be
April 1,2005.
4. Irrigation System. Implementation of the Landscape Plan for Area A shall
include the installation of the Irrigation System, as follows:
2
Book: 1089 Page: 1959
(a) The Irrigation System for Area A shall be plumbed and metered
separately to accurately calculate the water costs to be paid by the City under
section 5 below.
(b) The Licensees shall be fully responsible for any cost associated
with installation and the ongoing maintenance of the Irrigation System in fully
operable condition.
5. Cost of watering. The City shall be responsible for the cost of the water
necessary to properly irrigate Area A. Upon termination of this agreement, the City shall
no longer be responsible for the cost of the water necessary to irrigate Area A.
6. Landscape Maintenance. Licensees shall maintain Areas A and B in
accordance with Salina Code Sec. 42-65(9), and as that section or its substantial
equivalent may be amended from time to time. In addition to the enforcement measures
applicable to the landscaping maintained on private property under the Salina Code, the
landscaping in Area A shall be subject to periodic inspection by the zoning administrator,
or an authorized representative, to determine compliance with the Landscape Plan and the
requirements of this section. When the landscaping has not been installed, maintained, or
replaced to comply with the Landscape Plan or the requirements of this section, a written
corrective order shall be issued to the Licensees. Any work required under a written
corrective order must be completed no later than the next following planting season,
which for the spring season shall be March 15th through April 15th and for the fall season
shall be September 15th through October 15th. Failure to complete the work required by
the written corrective order by the end of the next following planting season may, at the
option of the City, result in termination of the License.
7. Landscaping as Public Improvement in Right-of-way. The Irrigation
System and landscaping installed, planted, and maintained in the Licensed Right-of-way
pursuant to this License Agreement shall be regarded as a public improvement for
purposes of any restoration requirements under the City's franchise ordinances with the
various public utilities and service providers utilizing the public right-of-way. In the
event removal or damage to the Irrigation System or landscaping in the Licensed Right-
of-way results from the need of a public utility to perform work in the Licensed Right-of-
way, the City and/or the public utility company, as they shall determine, shall be
responsible for fully restoring the Licensed Right-of-way at no expense to the Licensees.
8. Indemnification and Hold Harmless. Licensees shall indemnify and hold
and save the City, its officers, employees, agents, and contractors harmless form any loss,
cost, expense, penalty, damage, or judgment, including attorneys fees, that may arise
from the Licensees' use of the Licensed Right-of-way.
9. Notices. Any notice to either party shall be sufficient if mailed by United
States main, postage prepaid, at the following addresses:
3
Book: 1089 Page: 1960
. .
City of Salina, Kansas
C/O City Clerk
P.O. Box 736
Salina, KS 67402-0736
Triplett, Inc.
Attn.: Mark Augustine
P.O. Box 647
Salina, KS 67402-0647
10. Assignment of License. The assignment of any rights under this License
Agreement by Licensees shall be subject to the prior written consent of the City.
11. Binding Effect. The City and the Licensees agree that this License
Agreement shall be recorded with the Office of the Salina County Register of Deeds and
shall be indexed to the Private Property. This License Agreement shall "run with the
land" in relation to the Private Property and shall be binding upon and inure to the
benefit of Licensees' successors and assigns, and any subsequent owners of the Private
Property.
EXECUTED the day and year first above written.
CITY OF SALINA, KANSAS
By:
~
Monte Shadwick, Mayor
ATTEST:
'~~,
Lieu Ann Elsey, City Clerk
STATE OF KANSAS, SALINE COUNTY, ss:
M.. ÛL tcJ:Je.JU
BE IT REMEMBERED, that on this ~ day of Sôf'ttlllh~{, 2004, before me,
the undersigned, a notary public in and for the county and state aforesaid, came Monte
Shadwick, Mayor ofthe City of Salina, Kansas, and Lieu Ann Elsey, City Clerk, who are
personally known to me to be the same persons who executed as such officers the within
instrument of writing on behalf of the City of Salina, Kansas, and such persons duly
acknowledged the execution of the same to be the act and deed of said City.
4
Book: 1089 Page: 1961
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year last above written.
a. LaDONNA BENNETT
~ Notary Public - State of Kansas
~. M A pI. Ex ires October 23, J.J::Ð
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~d[)bn~~ ~V1~Æ
Notary Public
TRIPLETT, INC.
By:
By:
D.L. SAMPSON TRUST NO.I
Dat~d October 20, 1.995
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Darwin Sampson, Trustee
By:(f) ~ a ) S;~41>v
Delma Sampson, Trust VI' .va:tz:¿
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ACKNOWLEDGEMENTS
STATE OF KANSAS, SALINE COUNTY, ss:
BE IT REMEMBERED, that on this 22 day of September, 2004, before me the
undersigned a notary public in and for the County and State aforesaid, came Darwin
Sampson and Delma Sampson, Trustees of D.L. Sampson Trust No. I dated October 20
1995 who are personally known to me to be the same persons who executed the above
and foregoing instrument of writing and duly acknowledged execution of the same on
behalf of the trust.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my
official seal the day and year last above written.
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, ( Notary Public
STATE OF KANSAS, SALINE COUNTY, ss:
BE IT REMEMBERED, that on this 21- day of September, 2004, before me, the
undersigned a notary public in and for the county and state aforesaid, came Mark
Augustine, President of Triplett, Inc. who is personally known to me to be the same
person who executed the above and foregoing instrument of writing and duly
acknowledged the execution of the same on behalf of the corporation.
5
Book: 1089 Page: 1962
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year last above written.
/~y~'
Notary Public
19 . "~~~~~~~ .K~a~eL~1~:n~s
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6
Book:
1089
Page:
1963
1
Exhibit A
Landscaping Plan
June 7,2004
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Area A
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9
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Exhibit "8"
Book::: 1089
e:::
964
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Amoco.. N. Ninth Street
Concept Plan