Construct Purple Heart Monument
LICENSE AGREEMENT
FOR CONSTUCTION OF PURPLE HEART MONUMENT
This License Agreement is made this ;{3rA- day of May, 2005 by and between the
CITY OF SALINA, KANSAS (the "City") and Military Order of the Purple Heart, Chapter 688,
Salina, Kansas (the "Licensee"), collectively referred to as the "Parties."
Recitals
A. The Licensee wishes to construct at its expense a monument to recipients of the Purple
Heart (the "Monument").
B. Sunset Park is a suitable location for the Monument.
C. The Parties will mutually benefit from the construction of the Monument.
D. Because the Monument is to be constructed with strictly private funding, the project is
deemed to be exempt from the bidding requirements of K.S.A. 13-1017.
THE PARTIES THEREFORE, in consideration of the promises contained in this License
Agreement, agree as follows:
Section 1 - Grant of License. The City grants to Licensee and its contractor a revocable,
non-exclusive right to enter (the "License") that portion of Sunset Park described on Exhibit A
(the "Site") for the purpose of constructing the Monument (the "Monument").
Section 2 - Term of License. The License shall commence upon execution of the this
License Agreement and shall terminate upon the date of the Licensee's dedication of the
completed Monument to the City.
Section 3 - Contract Labor. Licensee represents and agrees that all labor required to
complete the Monument shall be completed by Busboom & Rauh Construction (the
"Contractor").
Licensee agrees that only employees of the Contractor within the scope of their employment
by the Contractors shall be permitted to perform the labor on the Site necessary to complete
the Monument Project. Licensee acknowledges and agrees for itself and the Contractors that
the Contractors' employees shall not for any purpose be regarded as agents or employees of
the City.
Section 4 - Materials and Ornamentation. Under no circumstances shall the
Licensee or the Contractor be deemed the agent of the City for purposes of contracting for the
purchase or acceptance of donated materials or ornamentation to be used in the construction
of the Monument.
Section 5 - Ownership. During construction the Monument shall be the property of the
Licensee. Within a reasonable period of time following completion of the Monument, the
Licensee shall dedicate the Monument to the City, after which the City shall be deemed the
owner.
Section 6 - Repair of Damage. Licensee shall be responsible for any damages to any
portion of Sunset Park that the Licensee, its agents, contractors, or their employees may
cause by virtue of the work they are authorized to perform under this License Agreement. Any
such damage shall either be repaired by the City and charged to the Licensee, or repaired by
the Licensee, at the City's discretion. The parties agree that this covenant shall specifically
extend to the City water line that runs north and south from 24 inches to 36 inches below the
surface of the Site.
Section 7 -Indemnification. Licensee shall indemnify, defend and hold harmless the
City and all of its officers, agents, and employees against all suits, claims and liabilities of
every kind and nature (including reasonable attorney fees), for or on account of injuries to or
death of person, and damage to property arising out of, or as a consequence of the work to be
performed in completion of the Monument.
Section 8 - Coordination with City. The Licensee, its Contractors, and their
employees shall at all times during the duration of the License conduct themselves in
accordance with the reasonable requests of the City and shall coordinate their activities with
the City's Director of Parks and Recreation or his designee.
Section 9 - Binding Effect. This License Agreement shall be binding upon the
Parties, their officers, agents, members, and successors.
EXECUTED the day and year first above written.
CITY OF SALINA, KANSAS
By: !ltpW p ¡)~
Deborah P. Divine
ATTEST:
~
City Clerk
Military Order of Purple Heart
Chapter 688
~'PT~~
Mike Prochaska
Commander
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