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License Agr Cable in ROW .... ~ LICENSE AGREEMENT ./ This License Agreement is entered into this J4 day Of~: 1995, by and between the CITY OF SALINA, KANSAS (the "City")and FAMDOC, INC., a Kansas corporation, ("Famdoc"). Recitals A. Pursuant to a 1984 City of Salina industrial revenue bond issue, Famdoc leases from the City and subleases to Salina Family Physicians, P.A. ,a family practice medical clinic located at 617 East Elm, Salina, Kansas (the "Clinic"). B. Famdoc is currently completing an expansion of the clinic, including additional parking east of the Clinic. C. Attached as Exhibit A to this License Agreement is a drawing which depicts the area owned by the City between the east boundary of the Clinic site and the tree line running on the predominately west side of the old Smoky Hill River channel (the "Green Space"). D. Famdoc wishes to enhance the appearance of its own property by seeding, irrigating, and maintaining the Green Space. THE PARTIES THEREFORE AGREE: 1. . Grant of License. The City grants a license to Famdoc to allow it to install an irrigation system, seed, and maintain the Green Space (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 maintenance of the Green Space by Famdoc; (B) Notification of Famdoc by the City that the public interest is best served by the use of the Green Space in a manner in conflict with the License, arid that the License shall terminate no less than 90 days following such notice; .or (C) 20 years from the date of execution. 3. Reimbursement if Terminated within Five Years. If the City terminates the License pursuant to paragraph 2(B) within the first five years of the term of the License, the City agrees to pay FamDoc the straight-line depreciated value of its documented investment in irrigating and seeding the Green Space. 3. Responsibilities Upon Termination. Upon termination of the License, Famdoc may remove any irrigation system it may have installed in the Green Space, but in doing so must restore the ground. and reseed the Green Space in a manner reasonably satisfactory to the City. If Famdoc fails to so restore the ground and reseed the Green Space, the City may cause the necessary work to be performed and charge the cost of the work against Famdoc and/or assess the costs as a special assessment against the real estate upon which the Clinic is located. 4. Indemnification and Hold Harmless. Famdoc 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 or as a result of the City allowing Famdoc to install an irrigation system, seed and maintain the Green Space. 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 Famdoc, Inc. c/o Business Manager 617 East Elm Salina, KS 67401 6. Assignment of License. This License Agreement and any rights granted hereunder shall not be assigned by Famdoc without the prior written consent of the City. 7. Binding Effect. This License Agreement shall be binding upon the parties, their successors and assigns. EXECUTED the day and year first above written. CITY OF SALINA, KANSAS ~~ -2- '. ATfEST: FAMI;>OC, INC., g!f!~ w ,'~.e _ X. .,;..-1- STATE OF KANSAS; COUNTY OF SALINE, SS: On this '7~ day of ~~ ,1995, before me a Notary Public in and for said state, personally appeared John Divine, Mayor and Judy D. Long, 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. .-_....."...... M.LYR. .,... "" ~ 9 -R J 0 R (JM-u-~ n ~~ N~ry Public My appointment expires:.N1~ ~ I Iq%~ STATE OF KANSAS; COUNTY OF SALINE, SS: On this 2( day of ~, 1995, before me a Notary Public in and for said state, personally appeared I.>U M f.. -4"~S P , Ii Ih "'(1..0 for Famdoc, Inc., known to me to be the persons who executed the within License Agreement on behalf of Famdoc, Inc., and acknowledged to me that he executed the same for the purposes therein stated. Myappointment expires: J'/"Ijfl/ ~ ~~~ / ::;r ~ ~/' otary Pu IC -3- ~- ~~- , 1(':",,,, '~~ I ......_"'~....:r~t ~ f -'.~ II' , l.IH, - , 1.'11 .31' ~ ,~. ~:",.- - ' 1'\<;" A'" ..' '. ; .,; *",PC Ii l),,. , ~~1~"fLj1j~~' ; ,,~ "i.:~~.