DVACK ROW Encroachment REBECCA SEEMAN ~
REGISTER OF DEEDS£.
SALINE COUNTY KANSA~
Book--Page: 1007--1286
Receipt #: 1724 Recording Fee: $12.~
Date Recopded: 3/12/~ 11:3~:53 P~ ·
LICENSE AGREEMENT
This License Agreement is entered into this 25 day of February, 2002, by and between
the CITY OF SALINA, KANSAS (the "City") and DOMESTIC VIOLENCE ASSOCIATION OF
CENTRAL KANSAS, a Kansas not-for-profit corporation, ("DVACK").
Recitals
A. DVACK owns and occupies the building located on the following described real
estate (the "Building"):
The West One Hundred feet (100') of Lot One Hundred Thirty-nine (139) on Santa
Fe Avenue, in the ORIGINAL TOWN, now City of Salina, Saline County, Kansas
(201-203 South Santa Fe Avenue).
B. In 1968, the Building was renovated while under previous ownership to include a
series of columns and roof overhang (the "Improvements"), which extend into the Santa Fe Avenue
and Walnut Street rights-of-way as depicted on the Site Plan attached as Exhibit A.
C. The City's Engineering Department has concluded, that under the circumstances,
allowing DVACK to maintain the Improvements in their existing location will not interfere with
the current public use of the Santa Fe Avenue and Walnut Street rights-of-way.
THE PARTIES THEREFORE AGREE:
1. Grant of License. The City grants a license to DVACK for maintenance of the
Improvements as shown on attached and incorporated Exhibit "A" (the "License").
2. 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 Improvements as constructed and
maintained at the location depicted on Exhibit A; or
B. Notification of DVACK by the City that the public interest is best
served by the use of the Santa Fe Avenue 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. Responsibilities Upon Notification of Termination. If notice of termination of the
License is given pursuant to paragraph 2.B, DVACK must remove that portion of the
Improvements that extend over the Santa Fe Avenue and Walnut Street rights-of-way no later than
the designated license termination date. If DVACK fails to remove that portion of the
Improvements that extend over the right-of-way prior to the License termination date, the City may
Book--Page: 1007--1287
cause the necessary work to be performed and charge the cost of the work against DVACK and/or
assess the costs as a special assessment against the real estate upon which the Improvements are
located.
4. Indemnification and Hold Harmless. DVACK 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
DVACK to maintain that portion of the Improvements that extend over the Santa Fe Avenue and
Walnut Street rights-of-way 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
Domestic Violence Association of Central Kansas
P.O. Box 1854
Salina, KS 67402-1854
6. Assignment of License. The assignment of any rights under this License Agreement
by DVACK 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.
CITY OF SALINA, KANSAS
By: ~
)~t.~~TEST: , ~r~tin M. S~aton~Aayor
Lieu Ann Nicola, City Clerk
DOMESTIC VIOLENCE ASSOCIATION
OF CENTRAL KANSAS
By: ~a~~~t
-2-
Book--Page: 1007--1288
STATE OF KANSAS; COUNTY OF SALINE, SS:
On this ~:~:~afday of February, 2002, before me a Notary Public in and for said state,
personally appeared Kristin M. Seaton, Mayor, and Lieu Ann Nicola, 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. ,~~
My appointment expires: ~~1~ .~~o~ [', Notary Public
STATE OF KANSAS, COUNTY OF SALINE, SS:
On thi~?~lnm- day of February, 2002, before me a Notary Public in and for said state,
personally appeared Larry Pankratz, President of Domestic Violence Association of Central
Kansas, known to me to be the person who executed the within License Agreement on behalf of
Domestic Violence Association of Central Kansas and acknowledged to me that he executed the
same for the purposes therein stated.
Notary Public
My appointment expires: [ ~M FISHER ' I
-3-
Boo~--Page: 1007--1'~89
WALNUT STREET RIGHT-OF-WAY
LINT OF ARCA~E ROOF ABOVE '""~ ': '~ ' ·
/=- ~- ....... " .... - ~ ~' ~,o~? ~as~.'m,.
, .': /,~ .........
Tqe West One ~-',,n~a..~. .._~.. feet (100' ~ of Lot One -~ 110 E.
Hundred '.--nirty-Nine (139) on Santa Fe Avenue, ~ WALNUT
~ I' in the ORIGINAL ?J~'~, n(~ C"~y of Salina
~ Saline County, Kans.-q.s (201-203 South Santa
Fe Avenue).
m PRO?ERTY LiNq~ ,
o
I "
[ 205-209 S. SAX?A
.~1
I
I ~ "It-'
LICENSE AGREEMENT
BETWEEN THE CITY OF SALINA
AND DVACK
EXHIBIT "A"