Cable in ROW
LICENSE AGREEMENT
This License Agreement made this 7th day of November /
1994, by and between the CITY OF SALINA, KANSAS, a municipal
corporation (hereinafter referred to as "the City") and KEJR
ENGINEERING, INC., (hereinafter referred to as "Kejr").
RECITALS
A. Kejr wishes to utilize an underground cable for data and
communication transmission between its facilities located at 601
North Broadway Boulevard, Salina, Kansas.
B. The City has found that the granting of a license to Kejr
to install such an underground cable in the public right-of-way
shall not interfere with use of the public right-of-way by the City
or its franchisees.
C. The City has found it to be in the public interest to
grant a license to Kejr to install such underground cable, subject
to the terms and conditions outlined below.
THE PARTIES THEREFORE AGREE:
1. Grant. The City hereby grants a license (the IILicepse") rt<.
to Kej r to install and maintain a single underground c~ (the rn
"Cable") in the public right-of-way described in Attachment A (the
"Right-of-Way")/ for the limited purposE' of transporting official
company data. The Cable is not for the provision of any service to
any member of the public on a common carrier or contract basis, or
any other basis to any customer/ and the License does not authorize
Kejr to provide cable service either as a cable operator or through
carriage arrangements with any other entity.
2. Use of Right-of-Way. In the use of the Right-of-Way
under this License Agreement/ Kejr 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. In addition, Kejr shall be
subject to all rules, regulations/ policies, resolutions and
ordinances now or hereafter adopted or promulgated by the City
relating to permits and fees/ sidewalk and pavement cuts/ utility
location/ construction coordination, beautification and other
requirements on the use of the public right-of-way and shall comply
with the following:
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a. KeJr use of the R1ght-of-Way s a 1 1n a matters
be subordinate to ~~City's use of the Right-of-Way for any
public purpose. ~'s shall coordinate the placement of the
Cable in a manner which minimizes adverse impact on public
improvements, as reasonably determined by the City. Where
placement is not otherwise regulated, the Cable shall be
placed with adequate clearance from such public improvements
so as not to impact or be impacted by such public improvement.
b. All earth, materials, sidewalks, paving, crossings,
utilities, public improvements or improvements of any kind
injured or removed by Kejr in its activities under this
License Agreement shall be fully repaired or replaced promptly
~Pf:. by ~at its sole expense and to the reasonable satisfaction
of the City or owner thereof.
c. All of the materials, plans and installation of the
Cable shall be approved by or as directed by the City
Engineer.
d. Kejr shall keep and maintain accurate records and
as-built drawings depicting accurate horizontal and vertical
location of the Cable as constructed, reconstructed, or re-
located in the Right-of-Way after the date hereof. All points
of the Cable shall be horizontally located from street center-
line, or section or quarter section lines or corners.
Vertical locations or all points of facilities shall .consist
of elevations in either City datum or United States Geological
Survey datum.
e. Prior to construction, reconstruction or relocation
of any facilities in the Right-of-Way, Kejr shall submit to
the City Engineer for approval plans and specifications of the
proposed installation. Such approval shall not be
unreasonably withheld, delayed or conditioned.
f. Kejr shall cooperate promptly and fully with the
City and take all measures necessary to provide accurate and
complete information regarding the nature and locations, both
horizontal and vertical, of the Cable located within the
Right-of-Way when requested by the City or its authorized
agents for a public proj ect . Such location and identification
shall be at the sole expense of Kejr without expense to the
City, its employees, agents or authorized contractors. Kejr
shall have a person familiar with the facilities, who is
responsible for timely satisfying information needs of the
City and other users of the Right-of-Way.
g. Kej r shall promptly relocate or adjust the Cable
located in the Right-of-Way for any project planned or
undertaken by the City or any governmental entity for
construction, reconstruction, maintenance, or repair of public
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facilities or public improvements, or any other purpose of a
public nature. Such relocation or adjustment shall be
performed by Kejr at its sole expense without expense to the
City, its employees, agents or authorized contractors and
shall be specifically subject to rules and regulations of the
City not inconsistent with this License Agreement pertaining
to such.
h. It shall be the sole responsibility of Kejr to take
adequate measures to protect and defend the Cable in the
Right-of-Way from harm or damage. If Kejr fails to accurately
or timely locate the Cable when requested, it will have no
claim for costs or damages against the City and its authorized
contractors or any other party authorized to be in the Right-
of-Way unless such party is solely responsible for the harm or
damage by its negligence or intentional conduct.
i. Kejr shall notify the City not less than three (3)
working days in advance of any construction, reconstruction,
repair or relocation of the Cable which would require any
street closure which reduces traffic flow to less than two (2)
lanes of moving traffic. The City shall follow its policies
in the grant or denial of such street closure, which shall not
be unreasonably delayed. In addition, all work performed in
the traveled way or which in any way impacts vehicular or
pedestrian traffic shall be properly signed, barricaded and
otherwise protected. Such signing shall be in conformance
with the latest edition of the Federal Highway Administra-
tion's Standards and Guideline for Work Zone Traffic Control.
j . All technical standards governing construction,
reconstruction, installation, operation, testing, use,
maintenance and dismantling of the Cable in the Right-of-Way
shall be in accordance with applicable present and future
federal, state and City law and regulation, including but not
limited to the most recent editions of the National Electrical
Code, the National Electrical Safety Code and the Cable
Installation Standard of the Telecommunications Industry
Committee, or such substantive equivalents as may hereafter be
adopted or promulgated. It is understood that the standards
established in this paragraph are minimum standards and the
requirements established or referenced in this ordinance may
be additional to or stricter than such minimum standards.
3. Indemnification and Hold Harmless. Kejr shall indemnify
and hold and save the City, its officers, employees, agents, and
authorized contractors, harmless from any loss, cost or damage,
including attorneys fees, that may arise from the installation, use
or maintenance of the Cable in the Right-of-Way by Kejr, its
agents, contractors or employees pursuant to this License
Agreement.
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4. General Liability Insurance. Kejr agrees to procure and
maintain public liability insurance covering its use and operations
on the Right-of-Way, 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, 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. Kejr shall
deliver to the City evidence of such insurance.
5. Title. By granting this license the City does not
warrant title to or the right to possess and occupy the Right-of-
Way. In the event that it is determined that the City is not
entitled to possess and utilize the Right-of -Way, this License
Agreement shall terminate and Kejr shall quit and surrender its use
of the Cable in the Right-of-Way in compliance with this License
Agreement.
6. Corp of Engineer Approvals. Any permission granted
pursuant to this License Agreement to install the Cable shall be
subject to and conditional upon approval by the Corp of Engineers
where applicable.
7. Breach of License Agreement. In the event that Kej ruses
the Cable for any purpose other than that specifically authorized
under this License Agreement, all rights granted hereunder to Kejr
shall immediately cease as if never granted and Kejr shall
immediately quit and surrender its use of the Cable in the Right-
of-Way. In the event that Kejr 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, or in the event Kejr abandons its authorized use
of the Right-of-Way, any such event shall be deemed an immediate
breach and forfeiture of the License Agreement which shall then
terminate. Upon such termination of this license, Kejr will quit
and surrender its use of the Cable in the Right-of-Way in
compliance with the terms of this License Agreement.
8. Term. The License shall commence upon execution of this
License Agreement and shall continue until the earlier of:
a. Kejr discontinuation of its authorized use of the
Right-of-Way;
b. Notification of Kejr by the City that the public
interest is best served by the use of the Right-of-Way in a
manner in conflict with the License, and that the License
shall terminate no less than 90 days following such notice; or
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c.
above.
Termination of the License pursuant to paragraph 7
9. Removal of Cable. Upon termination of this License
Agreement, Kejr shall have the right to remove the Cable within a
reasonable time, not to exceed one hundred twenty (120) days. In
the event Kejr chooses to exercise the right to remove the Cable,
it shall within the permitted time period restore the Right-of-Way
from which the Cable is removed to as good a condition as existed
prior to the removal. In the event Kejr should exercise its right
to remove the Cable but fail to properly restore the Right-of-Way,
the City shall have the right to cause the Right-of-Way to be
restored and to charge any reasonable costs associated therewith to
Kejr.
10. Notices. Any notice to either party hereunder 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 380
Salina, KS 67402-0380
Kejr Engineering, Inc.
601 North Broadway Boulevard
Salina, KS 67401
11. Assignment of License. Kej r shall not assign this
license or any interest therein without prior consent of the City.
12. Invalidity 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.
13. Binding 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
by Q/~~ a ~Ab?<U-
~seph . arner, Mayor
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..
ATTEST:
~~o.~
~ L . City Cle
!tEJR ENGINEERING I INC.
by m~
Mel Kejr
j/.
"+
STATE OF KANSAS COUNTY OF SALINE, SS:
On this t. ~ day of ~, 1994, before me a Notary
Public in and for said state, personally appeared Joseph A. Warner,
Mayor of the City of Salina, Kansas 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 and acknowledged to me that
they executed the same for the purposes therein stated on behalf of
the City of Salina, Kansas.
A. DIANN B. HEATH
.. Notary Public. State of Kansas
M t. Ex Ires
~~ ~- ~db
Notary Public
STATE OF KANSAS COUNTY OF SALINE, SS:
On this 3tJ 7L day of ~, 1994, before me aKPstary 1'1=
Public in and for sa~~~tate, personally appeared Melvin ~-___m
of ~-Engineering, Inc., known to me to be the
person who executed the within License Agreement and acknowledged
to me that he executed the same for the purposes therein stated on
behalf of the corporation.
A. VEP,\ I. POLLARD
.. N~lc:; ;:'.-. ~~.~') cf Kan...
My Appt. ~X?!~C ~:- 5= tt.
CL-u ;( &--Pa-dJ
Notary Public
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