Fence in ROW
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LICENSE AGREEMENT
This License Agreement is entered into this ~ day of A(~ l..L 1;)1- , 1998, by and
between the CITY OF SALINA, KANSAS (the "City") and ELAINE. . MCCLINTOCK AND
BUDDY W. MCCLINTOCK, TRUSTEES OF THE ELAINE B. MCCLINTOCK TRUST dated
August 13, 1996, (the "Licensee").
Recitals
A. Licensee owns the following described real estate:
Tract No.5, of the Planned Development District, Lot One (1),
Block One (1), East Lake Estates Addition in the City of Salina,
Saline County, Kansas
(the "Real Estate")
B. Licensee has requested the City's penmSSlOn to construct a fence (the
"Improvements") on the Real Estate to be placed partially on the Gypsum Hill Cemetery property
(the "Cemetery") adjacent to the Real Estate.
C. The City's Engineering Department has concluded that under the circumstances,
allowing Licensee to maintain the Improvements in the proposed location will not interfere with the
current public use of the Cemetery.
THE PARTIES THEREFORE AGREE:
1. Grant of License. The City grants a license to Licensee 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 Licensee by the City that the public interest is best
served by the use of the Cemetery 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, Licensee must remove that portion of the
Improvements that extend over the Cemetery no later than the designated license termination date.
If Licensee fails to remove that portion of the Improvements that extend over the Cemetery prior to
the License termination date, the City may cause the necessary work to be performed and charge
the cost of the work against Licensee and/or assess the costs as a special assessment against the real
estate upon which the Improvements are located.
4. Indemnification and Hold Harmless. Licensee 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
Licensee to maintain that portion of the Improvements that extend over the Cemetery property
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
Elaine B. McClintock Trust
c/o Elaine B. McClintock, Trustee
and Buddy W. McClintock, Trustee
161 East Lake Drive
Salina, KS 67401
6. Assignment of License. The assignment of any rights under this License Agreement
by Licensee 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: e~L~1
ATTEST:
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d . Lon , City Clerk
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ELAINE B. MCCLINTOCK TRUST
dated August 13, 1996
By:
~.~~i~
Elaine B. McClintock, Trustee
STATE OF KANSAS; COUNTY OF SALINE, SS:
On this .3 I"'cl day of August, 1998, before me a Notary Public in and for said state,
personally appeared Peter F. Brungardt, 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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~~?~OtaryPubliC
STATE OF KANSAS, COUNTY OF SALINE, SS:
On this ~" day of August, 1998, before me a Notary Public in and for said state,
personally appeared Elaine B. McClintock and Buddy W. McClintock, Trustees of the Elaine B.
McClintock Trust dated August 13, 1996, known to me to be the person who executed the within
License Agreement on behalf of the Trust and acknowledged to me that he executed the same for
the purposes therein stated.
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Notary Public
. JERRY J. MITCHELL
- Notaty Public. Stale of Kansas
- My Awl. ExplI"8S 9/jl. 'i/;;/ /J() "
My appointment expires:
-3-