Use of ROW
.
.,
LICENSE AGREEMENT
This License Agreement, made this Z~~/day of
February, 1986, by and between the CITY OF SALINA, KANSAS, a
municipal corporation, (hereinafter referred to as "the
City") and 100 NORTH SANTA FE CO., INC. (hereinafter
referred to as "Licensee"). WITNESSETH:
That in consideration of the covenants, agreements, and
conditions herein set forth, the City hereby grants to
Licensee the right and privilege to make use of the City's
right-of-way described as follows:
A tract of land located within the right
of way of Santa Fe Avenue, Original Townsite,
City of Salina, Saline County, Kansas, being
more particularly described as follows:
The east four (4) feet of Santa Fe Avenue
adjacent to the west line of Lot 129 on Santa
Fe Avenue, Original Townsite, City of Salina,
Saline County, Kansas,
(hereinafter referred to as "the premises").
This license is upon the following terms and conditions
mutually agreed by and between the parties:
(1). Purpose. The premises shall be used for
incorporation as a part of the adjacent building owned by
Licensee and for no other purpose whatsoever without the
prior written consent of the City.
(2). Term. The term of this license agreement shall
be approximately twenty (20) years, beginning on the 1st day
of March, 1986, and ending on the 31st day of December,
2006, and shall be renewable thereafter at the option of the
City for successive five (5) year periods. The term of
this license agreement shall be conditional, however, upon
the commencement of improvements or alterations in keeping
with the purpose stated above no later than August 1, 1986.
In default thereof, this license agreement shall immediately
terminate.
(3). Buildings and Improvements. Licensee shall, at
Licensee's sole cost and expense, make such alterations or
improvements as may be necessary to fit the premises for
such use, subject to prior review and approval by the
business improvement district. All buildings, fixtures and
improvements of every kind and nature whatever installed by
Licensee shall remain the property of Licensee, who may
remove the same upon termination of this license; provided,
that such removal shall be done in a manner as not to injure
or damage the premises and subject to the approval of the
City. Should Licensee fail to remove such buildings,
fixtures or improvements as above provided, the City, at its
option, may require Licensee to remove them in the same
manner. In the event that Licensee shall fail to remove
such buildings, fixtures and improvements after receipt of
notice from the City, the City may remove them and dispose
of them as it sees fit and the Licensee will pay the City on
demand the cost of such removal.
(4). Taxes. Licensee shall pay any and all taxes
levied and assessed upon any personal property, buildings,
fixtures and improvements belonging to Licensee and located
upon the leased premises.
(5). Repairs and Maintenance. Licensee represents
that Licensee has inspected and examined the leased premises
and accepts them in their present condition, and agrees that
City shall not he required to make any improvements or
repairs whatsoever in or upon the leased premises. Licensee
agrees to make any and all improvements at Licensee's sole
cost and expense, and agrees to keep the premises safe and
in good order and condition at all times during the term of
this license. Upon termination of this license, Licensee
will quit and surrender possession of the premises quietly
and peaceably and in as good order and condition as at the
commencement of this lease after removal of any buildings,
fixtures and improvements as outlined in paragraph (3)
above, reasonable wear, tear and damage by the elements
excepted.
(6). Assignment of License. Licensee shall not assign
this license or any interest therein without the prior
consent of the City.
(7). Liability. Licensee shall hold the City harmless
from any loss, cost or damage that may arise out of or in
connection with this license or the use of the premises by
Licensee, his agents, employees, or any other person using
the premises. Licensee agrees to procure and maintain
public liability insurance covering his use and operations
on the premises, naming the City as an additional insured
thereunder, 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 and may hereafter be amended, and will from
time to time increase such limits in such amount as may be
necessary to at all times during the term of this license
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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 cancelled by issuer
thereof without at least thirty (30) days' written notice to
the City. Licensee shall deliver to the City evidence of
such insurance.
(8). Liens. Licensee shall pay, satisfy and discharge
all liens and obligations of any nature and kind whatsoever
created by or the obligations of the Licensee which shall
attach to or be imposed upon the premises and shall
indemnify, save and hold harmless the City from such payment
and from all damages and expenses attendant thereto.
Licensee shall not in any respect be regarded as the agent
of the City for the purpose of creating any obligation which
may give rise to any lien which shall attach to or be
imposed on the premises.
(9). Breach of License Agreement. In the event that
Licensee shall fail to comply with any substantial term,
condition or covenant of this license agreement within ten
days after written notice to do so has been mailed to him by
the City, or in the event the licensee abandons the premises
before the end of the term, 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, Licensee will quit and surrender possession of the
premises in compliance with Paragraphs 3 and 6 above.
(10). Title. By granting this license, the City does
not warrant title to nor the right to possess and occupy the
premises pursuant to right of way. In the event that it is
determined that the City is not entitled to possess and
utilize the premises pursuant to right of way, this license
shall terminate and Licensee shall quit and surrender
possession of the premises in compliance with Paragraphs 3
and 6 above.
(11). Administration. The City Manager shall serve as
the representative of the City for the purpose of
administering the terms of this license agreement and shall
determine any questions that may arise regarding its
application or interpretation.
(12). Notices. Any notice to Licensee hereunder shall
be sufficient if served on Licensee personally or posted on
the premises and if so posted shall be deemed served on the
date of posting or mailed to Licensee directed to its last
known address, and if so mailed in the State of Kansas,
shall be deemed served on the business day next following
the date of mailing.
IN WITNESS WHEREOF, the City of Salina, Kansas, has
hereunto caused this license to be signed on its behalf by
-3-
its Mayor, hereunto duly authorized to do so and to be
attested by its City Clerk and has caused its seal to be
hereunto affixed the day and year last above written.
CITY OF SALINA, KANSAS
By //~d t:/ 4~~<--
Merle Hodges, Mayo~
?'?-f':> ,
AT~S...~r '-,
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D. L. Harrison, City Clerk
100 NORTH SANTA FE CO., INC.
By
~M'l-X~ D;~-tA./
Robert D. Bosta~er
President & Secretary-Treasurer
STATE OF KANSAS, SALINE COUNTY, ss:
BE IT REMEMBERED that on this &1Ir day of 7_i2.A./u~ ,
1986, before me, the undersigned, a notary public, in a~
for the county and state aforesaid, came Merle Hodges, Mayor
of the City of Salina, Kansas, and D.L. Harrison, City Clerk
of said City of Salina, Kansas, who are personally known to
me to be such officers and who are personally known to me to
be the same persons who executed as such officers the within
instrument of writing on behalf of said city and such
persons duly acknowledge the execution of the same to be the
act and deed of said city.
IN WITNESS WHEREOF I have hereunto set my hand and
affixed my seal the year and day last above mentioned.
~ . M. E. ABBOTT
~ s~~i:~YF ~~~~;s
lAY APPT. EXPIRES APRIL 2. ''''
"7;?? r:&~L~
Notary Public
STATE OF KANSAS, SALINE COUNTY, ss:
BE IT REMEMBERED, that on thi~Q{ day of 0\CoCJ'\
1986, before me, the undersigned, a notary public, in and
for the county and state aforesaid, came Robert D. Bostater,
President and Secretary-Treasurer of 100 North Santa Fe Co.,
Inc., a Kansas corporation, who is personally known to me to
be the same person who executed as such President and
-4-
~
-
Secretary-Treasurer the within instrument of writing on
behalf of said corporation and such person duly acknowledged
the execution of the same to be the act and deed of said
corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed my seal the year and day last above mentioned.
~..., . NOTAny PUBliC - ('fat f '
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~- MYAPPtEXP.~
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Nota y Public
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Bolen-Wood Insurance Agency
PO Box 286
Salina, Kansas 67402-0286
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,j Ii IF IIwonl~IH/O!' CNU AND;ONFERS
l' 1fT-II!; Cf FI",F1Ct, rE DOES NO" AMEND,
'CF "", I'n. IlY T~! POLl :II,S BELOW
C(it'lf>t\~.: :' AH:OD/NG COVe: =lAGE
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C)\iP;,NV A Continental Western Insurance Co.
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One Hundred North Santa Fe
Company, Inc.
730 Fairdale
Salina, Kansas 67401
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HI:; TO CERTiFY '"HAT POLICIES 01' 'SURANCE liSTED BE.OW 11.\'IE BU,~ ISSUED TO ',hE !NSUf io C IAMEC ABC I 'E FOR THE POLIO" PERIOD INDICATED.
NO TiTHST ANDING ANY REQUIREMENT TERM OR CONDITION OF I\r. ( C CliTRACT OR () iHE,l OOCL. IE!, ' WITh RE~; ECT TO WHICH THS CERTlFICA TE MAY
BE S ;UED OR MJW PERTAIN, THE INSUH ~NCE AFFORDED flY THE POUCIE.'; DESCRI8ED HtTEI'l I,,;' li 3 .~ :('T Te ~,U PiE TERMS, EXCLJSIOt'/S, AND CONDI-
TIC ~~. OF SUCH POLICIES.
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~~I n PE OF IN~URANCE : POLle't 'J,j'.18ER
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: ~ PI EMISESiOPERATIONS I
A ~ ~~'~LEo~~~~Ur[~CIlLAPSE HAZARO C I P 9 U 009 - 0 0
---1 PRJDUCTS/COMPLETED OPE9ATIONS I
~ ~o ~TRACTUAL
X N[ EPENDENT CONTRACTORS
X IlRI.JAD FORM PROPERTY DAMAGE
X l'EfISONA.L INJURY
AUTOMOBILE LIABILITY
,~,NY AUTO
,:u OWNED AUTOS (PRIV PASS)
il'L OWNED AUTOS (OTHER THAN)
C PRIV PASS
HRED AUTOS
- _._'_._--_._--_._._--~ .-----------
II
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NON OWNED AUTOS
GMiAGE LIABILITY
I
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I iBI & PO i
I COMBINEJ $
-l---------- """,0",
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------- ___L____ ____ -__J_____ _.._______..___
I - .T--LIAB~ITY--L~1;is-;N THOUSANDS--
-. --'--- '1; -f ~-=_~=t25~((~,~f~-;:~~ ~GGREGr;~E
BOOIL Y h-
)1 ~~P:YR~~ i $ ---.--- $
I 2 -1- 8 7 ~AMAGE --l!- $
I I BI & PO I $ ~
. I ~ COMBIN:J~:_ 0 0 0, "'.l, 0 0 0 ,
, I
BODll'
INJURv
I 'PER PERSON, $ _
BOOILl
INJURY
PER 4cc,D'\' t.!..--
PROPERTY I
DAMAGE f$
BI & PO
COMBINED. $
2-1-86
$.1,000,
EXCESS LIABILITY
J UMBRELL.A FORM
~HER THAN UMBRELLA FORM
I
I WORKERS' COMPENSATION
AND
.._-f.m EMPW"...- UA.",,,
CER
$
(EACH ACCIDENT)
(DISEASE POLICY LIMIT)
,DISEASE EACH EMPLOYEE)
')ESCRI PTION OF OPERA TIONS/LOCA TIONSNEHj( :LES/SPECIAL ITEMS
I~
RTIFICA TE HOLDER
City of Salina,
as respects to:
Kansas is an additional insured under Section II
Fe, Salina, Kansas
City of Salina
300 West Ash
Salina, Kansas 67401