Private Street Lights Agr
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REBECCA SEÐ4AN
RE6ISTER OF DEEDSC
SALINE COUNTY KANSAS ~
Book: 1115 ~age: 1034
Receipt I: 28995 Total Fees: $20.00
Pages Recorded: 4
Date Recorded: 10/20/2005 3:51:50 PM
LICENSE AGREEMENT
This License Agreement is entered into this3J- day of October, 2005, by and between the
CITY OF SALINA, KANSAS ( "City") and GENAIR REAL ESTATE, LLC ("GEN AIR").
Recitals
A. GENAIR owns and occupies the building and parking lot located on the following
described real estate (the "Building"):
Lots 139, 141 and 143 on Fifth Street in the Original Town of Salina, Saline
County, Kansas (201 S. Fifth Street, southeast comer of Fifth and Walnut Streets).
B. GENAIR desires to install, maintain and replace private street lights in the Fifth
Street and Walnut Street public rights-of-way adjacent to the Building as depicted on the attached
Exhibit A.
C. The City's Public Works Department has concluded that, under the circumstances,
allowing GEN AIR to construct the proposed private street lights will not interfere with the current
public sidewalk use of the Fifth Street and Walnut Street public rights-of-way at that location.
THE PARTIES THEREFORE AGREE:
1. Grant of License. The City grants a license to GENAIR for construction and
maintenance of private street lighting as depicted on the attached and incorporated Exhibit "A" (the
"License"), subject to the terms and conditions set forth in this License Agreement.
2. Construction of Improvements. GENAIR shall be responsible for all costs
associated with installation, maintenance, and replacement of the private street lights, as proposed.
The private street lights to be installed shall meet the specifications previously approved by the City
Engineer. Any replacement of the private street lights to a different specification shall require
advance approval of the replacement street light specifications by the City Engineer..
3. Term of License. The License shall commence upon execution of this License
Agreement and shall continue until the earlier of:
A. Discontinuation of use of the private street lights as installed,
maintained and replaced at the location depicted on Exhibit A; or
B. Notification of GENAIR by the City that the public interest is best
served by the use of the South Fifth Street or East Walnut Street rights-of-way in a
manner in conflict with the License, and that the License shall terminate, either in
whole or in part, no less than 180 days following such notice.
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Book: 1115 Page: 1035
4. Responsibilities Upon Notification of Termination. If notice of termination of the
License, either in whole or in part, is given pursuant to paragraph 2.B, GENAIR must remove the
affected private street lights and restore the existing concrete sidewalk to its original condition prior
to construction of the private street lights. If GENAIR fails to remove the private street lights and
restore the concrete sidewalk as described, the City may cause the necessary work to be performed
and charge the cost of the work against GENAIR and/or assess the costs as a special assessment
against the real estate described above.
4. Indemnification and Hold Harmless. GENAIR 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 City allowing
GENAIR to construct, maintain and replace the private street lights pursuant to this License
Agreement.
5. Notices. Any notice to either party 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
James M. Ravenkamp, President
GenAir Real Estate
200 S. Fifth Street
Salina, KS 67401
6. Assignment of License. The assignment of any rights under this License Agreement
by GENAIR shall be subject to the prior written consent of the City.
7. Binding Effect. This License Agreement shall be binding upon the parties, their
successors and authorized assigns.
Executed the day and year first above written.
:~TY lJZL
Deborah Divine, Mayor
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Lieu Ann Elsey, c~
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Book: 1115 Page: 1036
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By:
James M. Ravenkamp
President
STATE OF KANSAS; COUNTY OF SALINE, SS:
On this 31£..1") day of October, 2005, before me a Notary Public in and for said state,
personally appeared Deborah Divine, Mayor, 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 on
behalf of the City of Salina, and acknowledged to me that they executed the same for the purposes
therein stated.
¿KIM FISHER
NOTARY PUBLIC
STATE OF KANSAS
III My Appr. exp./ÒrllyL:f)
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--To"1 :.-, . _Jol;j'1
Notary Public
STATE OF KANSAS, COUNTY OF SALINE, SS:
On this ð~d day of October, 2005, before me a Notary Public in and for said state,
personally appeared James M. Ravenkamp, President of Gen Air Real Estate, known to me to be
the person who executed the within License Agreement on behalf of Gen Air Real Estate and
acknowledged to me that he executed the same for the purposes therein stated.
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Book: 1115 Page: 1037
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