License Agr Overhang
LICENSE AGREEMENT
This License Agreement is entered into this/tlt;(aay of February, 1998, by and between the
CITY OF SALINA, KANSAS (the "City") and FIRST BANK KANSAS, a Kansas corporation,
("First Bank").
Recitals
A. First Bank operates a bank at 235 South Santa Fe Avenue, Salina, Kansas.
B. First Bank wishes to improve its existing building, resulting in a series of columns and
roof overhang (the "Improvements"), which will extend into the Santa Fe Avenue right-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 First Bank to constructed the Improvements in the proposed location will not interfere with
the current public use of the Santa Fe Avenue right-of-way.
THE PARTIES THEREFORE AGREE:
1. Grant of License. The City grants a license to First Bank for the construction and
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 First Bank 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, First Bank must remove that portion of the Improvements
that extend over the Santa Fe Avenue right-of-way no later than the designated license termination
date. If First Bank fails to remove that portion of the Improvements that extend over the right-of-way
prior to the License termination date, the City may cause the necessary work to be performed and
charge the cost of the work against First Bank and/or assess the costs as a special assessment against
the real estate upon which the Improvements are located.
4. Indemnification and Hold Harmless. First Bank 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 First
Bank: to maintain that portion of the Improvements that extend over the Santa Fe Avenue right-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
First Bank Kansas
P.O. Box 1137
Salina, KS 67402-1137
6. Assignment of License. The assignment of any rights under this License Agreement
by First Bank: 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:
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Krtn M. Seaton, yor
ATTEST:
FIRST BANK KANSAS
By:
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Lloyd K Davidson, President
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STATE OF KANSAS; COUNTY OF SALINE, SS:
On this /tP~ day of February, 1998, before me a Notary Public in and for said state,
personally appeared Kristin M. Seaton, 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.
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My appointment expires:
STATE OF KANSAS, COUNTY OF SALINE, SS:
On this /~/day of February, 1998, before me a Notary Public in and for said state,
personally appeared Lloyd A. Davidson, President of First Bank Kansas, known to me to be the
person who executed the within License Agreement on behalf of First Bank Kansas and
acknowledged to me that he executed the same for the purposes therein stated.
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My appointment expires:
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LICENSE AGREEMENT
BETWEEN CITY OF SALINA
AND FIRST BANK KANSAS
EXHIBIT IIAII
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NORTH
SANTA FE STREET RIGHT-OF-WAY