Unloading Zone in ROW
LICENSE AGREEMENT
This License Agreement is entered into this day of
February, 1993, by and between the CITY OF SALINA, KANSAS (the
"City") and IMAGES, INC., a Kansas corporation ("Images").
Recitals
A. Images owns and operates a recycling center located at
138 South Fourth Street, Salina, Kansas (the "Recycling Center").
B. The Recycling Center is located immediately north of a
City-owned public parking lot (the "Parking Lot").
C. Images plans to install a double glass doorway on the
south side and near the southeast corner of the Recycling Center to
improve access for pedestrians and persons in passenger vehicles
wishing to deliver recyclable materials.
D. In order to comply with city building and fire codes,
Images must have control of the area immediately outside the
proposed glass doorway, thus it is the desire of Images to enter
into this License Agreement in order to secure such control.
E. In the interest of public safety, public convenience, and
the public purpose served by encouraging recycling, the City
desires to grant Images such control of the ci ty' s property
immediately outside the proposed glass doorway.
THE PARTIES THEREFORE AGREE:
1. Grant of License. The City grants a license to Images for
exclusive control of a rectangular area of the Parking Lot running
forty feet (40') east and west by twenty feet (20') north and
south, with the forty foot (40') dimension centered on the proposed
doorway (the "Unloading Zone").
2. Use of the Unloadinq Zone - Time Limitation. Images' use
of the Unloading zone shall be limited to providing enhanced access
for pedestrians and persons in passenger vehicles delivering
recyclable materials to the Recycling Center and shall not
interfere with the use of the remaining area of the Parking Lot for
public parking. A fifteen (15) minute per delivery limitation
shall apply to any passenger vehicles parked in the Unloading Zone.
3. Term of License. This License shall commence upon the
date of issuance of an occupancy permit by the city in conjunction
with installation of the proposed glass doorway and shall extend
for an initial term of five (5) years, subject to the conditions
outlined in paragraph 7 below. Upon completion of the initial five
(5) year term, this License shall self renew for up to three (3)
additional consecutive five (5) year terms, unless either party
gives written notice of termination to the other no less than
thirty (30) days prior to the end of the primary or any subsequent
renewal term. If such notice is given, this License shall
terminate at the end of the term during which the notice is given.
4. Markinq and Siqnaqe. Images shall be responsible for
providing and maintaining marking and signage of the Unloading
Zone, including reference to the fifteen (15) minute parking
limitation, subject to prior review and approval by the city.
5. Indemnification and Hold Harmless. Images shall indemnify
and hold and save the city, its officers, employees, agents, and
authorized contractors, harmless from any loss, cost, expense,
fine, penalty, damage or judgment, including attorneys fees, that
may arise from use of the Unloading Zone by Images, its agents,
contractors, employees, or others entering the Unloading Zone with
either the express or implied permission of the Licensee .
6. General Liabilitv Insurance. Images shall maintain public
liability insurance coverage with a Kansas authorized carrier
approved by the city's director of risk management (the "Risk
Manager"), with limits of not less than the maximum liability for
claims which could be asserted against the city for any 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 (currently $500,000), and will from time to time increase
its limits in such amount as may be necessary to at all times
during the term of this license maintain such limits at the then
maximum liability for such claims under the Kansas Tort Claims Act.
The policy shall provide that such insurance may not be canceled by
issuer thereof without at least thirty (30) days' written notice to
the city. ongoing proof of such coverage must be provided to the
Risk Manager.
7. Breach of License Aqreement. In the event that Images
ceases operation of the Recycling Center, abandons its use of the
Unloading Zone, uses the Unloading Zone for any purpose other than
that specifically authorized under this License Agreement, or
unlawfully makes use of the Parking Lot, all rights granted
hereunder to Images shall immediately cease as if never granted and
Images shall immediately quit and surrender its use of the
Unloading Zone. In the event that Images shall fail to comply with
any other substantial term, condition or covenant of this License
Agreement within ten (10) days after written notice to do so has
been mailed to it by the City, any such events shall be deemed an
immediate breach and forfeiture of the License Agreement which
shall then terminate. Upon such termination of this license,
Images will quit and surrender its use of the Loading Zone in
compliance with the terms of this License Agreement.
8. Notices. Any notice to either party hereunder shall be
sufficient if mailed by United states mail, postage prepaid, at the
following addresses:
-2-
city of Salina, Kansas
c/o city Clerk
P.O. Box 736
Salina, KS 67402-0736
Imaqes, Inc.
218 South Fourth street
Salina, KS 67401
9. Assianment of License. Images shall not assign this
license or any interest therein without prior consent of the city.
10. Invaliditv in Part. 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.
11. Bindina Effect. This License Agreement shall be binding
upon the parties, their successors, or authorized assigns.
EXECUTED the day and year first above stated.
CITY OF SALINA, KANSAS
bYcar~(e:~
I~S, iINC. 1
\ .' \ ( . \
\ 0 JJh' \~/I/\,'. Q'/
by Ken~~~I/i:/: Rei'~z, -Ire~ident
-3-