Agr Lic Public Use
".
." ,
LICENSE AGREEMENT
~tco".,
This License Agreement is entered into this J:!. day of October, 1999, by and
between the CITY OF SALINA, KANSAS (the "City") and GREAT PLAINS
MANUFACTURING, INCORPORATED ("Great Plains").
Recitals
A. Great Plains is a manufacturer of, among other things, various types of turf
care implements such as mowers, rotary tillers, power rakes, grass seeders, blades,
scarifiers, box scrapers, pulverizers (the "Equipment").
B. Great Plains wishes to utilize a portion of flood protection right-of-way
(the "Right-of-way) solely for the purposes of developing and testing the Equipment.
C. The City's Engineering Department has concluded that allowing Great
Plains to use and maintain the Right-of-way for the purposes of developing and testing
the Equipment will not interfere with the current public use of the Right-of-way.
THE PARTIES THEREFORE AGREE:
1. Grant of License. The City grants a license to Great Plains to use and
maintain for the purposes of developing and testing the Equipment the Right-of-way (the
"License") legally described as follows:
A tract ofland containing approximately three (3) acres located in the
Northeast Quarter of the Southeast Quarter (NEl/4 SEl/4) of Section
Seven (7), Township Fourteen (14) South, Range Two (2) West of the 6th
P.M., Saline County, Kansas, and generally described as the property
lying north and west of the toe of the Salina Flood Protection levee and is
bounded by the channels of the old and the new Smoky Hill River, as
shown on Exhibit "A" (the "License Tract").
2. Term of License. The License shall be for a primary term of one year
from the date of this License Agreement and shall self-renew annually thereafter unless
either party expresses its intention to terminate the License as of the end ofthe annual
renewal term then in effect by giving the other party written notice by certified mail at
least sixty days prior to the beginning of the next annual renewal term.
3. Responsibilities of Great Plains. Great Plains shall be responsible for
maintaining the License Tract, including noxious weed control, mowing tall vegetation,
removing accumulated rubbish, and preventing erosion damage to adjoining flood
protection facilities. Great Plains shall not perform any operations within twenty feet
(20') ofthe toe of the flood protection levee, or of the north bank ofthe new Smoky Hill
"
River Channel, or of the south bank of the old Smoky Hill River Channel. No existing
trees will be damaged.
4. Applicable Rules. Great Plains' use of the License Tract shall be subject
to all rules, regulations, policies, resolutions and ordinances now or hereafter adopted or
promulgated by the City and is subject to all applicable laws, orders, rules and regulations
adopted by governmental bodies now or hereafter having jurisdiction over the License
Tract.
5. City's Right to Enter. The City retains the right to enter upon the License
Tract at any time to perform any and all maintenance or construction related to the public
flood protection system.
6. Indemnification. Great Plains shall indemnify and hold the City, its
officers, employees, agents, and authorized contractors, harmless from any loss, cost or
damage, including attorneys' fees, that may arise from the use or maintenance ofthe
License Tract by Great Plains, its agents, employees, or contractors pursuant to this
License Agreement.
7. Insurance. Great Plains agrees to procure and maintain public liability
insurance covering its use and operations on the License Tract, with limits of not less
than the maximum liability for claims which could be asserted against the City for and
number of claims arising out of a single occurrence or accident under the Kansas Tort
Claims Act, as it now exists or may hereafter be amended. The policy shall provide that
such insurance may not be canceled by the insurer without at least thirty (30) days'
written notice to the City. Great Plains shall deliver to and maintain evidence of such
insurance with the City.
8. Notices. Any notice to either party hereunder shall be sufficient if mailed
by United States certified mail, postage prepaid, at the following addresses:
City of Salina, Kansas
Director of Engineering and General Services
P.O. Box 736
Salina, KS 67402-0736
Great Plains Mfg., Inc.
P.O. Box 5060
Salina, KS 67402-5060
9. Assignment. The assignment of any rights under this License Agreement
by Great Plains shall by subject to the prior written consent of the City.
10. Validity. If any clause, sentence, or paragraph of this License Agreement
shall be held to be invalid, it shall not affect the validity of the remaining provisions of
this License Agreement.
2
tI
11. Binding Effect. This License Agreement shall be binding upon the
parties, their successors, or authorized assigns.
Executed the day and year first above written.
CITY OF SALINA, KANSAS
By:
ATTEST:
bara R. Weber, Deputy City Clerk
GREAT PLAINS MANUFACTURING,
INCORPORATED
By:
(name)
(title)
3
--,#-".--"--~----~~--~--
EXHIBIT "A"
'~.
:i