Cable in ROW
"
LICENSE AGREEMENT
This License Agreement made this CJtL day of October, 1995, by and between the
CITY OF SALINA, KANSAS, a municipal corporation (hereinafter referred to as the "City")
and REVRON OF SALINA, INC. d/b/a COMPUTERLAND (hereinafter referred to as (the
"Licensee").
RECITALS
A. The Licensee wishes to utilize underground telephone wiring and fiber optic cable (the
"Cable") for telephone and data transmission between its offices at 127 North Seventh Street and
its additional location on the northeast comer of Seventh Street and West Iron Avenue.
B. The most efficient means of laying the Cable is to traverse the public right-of-way for
North Seventh Street.
C. The City has found that the granting of a license to the Licensee to install the Cable
in the public right-of-way shall not interfere with use of the public right-of-way by the City or
its franchisees.
D. The City has found it to be in the public interest to grant a license to the Licensee to
install the Cable, subject to the terms and conditions outlined below.
THE PARTIES THEREFORE AGREE:
1. Grant. The City hereby grants a license (the "License") to the Licensee to install
and maintain the 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 the Licensee 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, the Licensee 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, the Licensee 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. The Licensee's use of the Right-of-Way shall in all matters be subordinate
to the City's use of the Right-of-Way for any public purpose. The Licensee 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 improvements.
b. All earth, materials, sidewalks, paving, crossings, utilities, public
improvements or improvements of any kind injured or removed by the Licensee in its
activities under this License Agreement shall be fully repaired or replaced promptly by
the Licensee 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. The Licensee shall keep and maintain accurate records and as-built
drawings depicting accurate horizontal and vertical location of the Cable as constructed,
reconstructed, or relocated in the Right-of-Way after the date hereof. All points of the
Cable shall be horizontally located from street centerline, or section or quarter section
lines or corners. V erticallocations 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, the Licensee 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. The Licensee 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 project. Such location and
identification shall be at the sole expense of the Licensee without expense to the City, its
employees, agents or authorized contractors. The Licensee 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. The Licensee 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 facilities or public
improvements, or any other purpose of a public nature. Such relocation or adjustment
shall be performed by the Licensee 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.
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h. It shall be the sole responsibility of the Licensee to take adequate measures
to protect and defend the Cable in the Right-of-Way from harm or damage. If the
Licensee 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. The Licensee 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 Administration'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 Fiber Optic 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
Agreement may be additional to or stricter than such minimum standards.
3. Indemnification and Hold Harmless. The Licensee 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 Licensee, its agents, contractors or employees pursuant to
this License Agreement.
4. General Liability Insurance. The Licensee 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. The Licensee shall deliver to the City evidence of such
Insurance.
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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 the
Licensee 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 the Licensee uses the Cable for
any purpose other than that specifically authorized under this License Agreement, all rights
granted hereunder to the Licensee shall immediately cease as if never granted and the Licensee
shall immediately quit and surrender its use of the Cable in the Right-of-Way. In the event that
the Licensee 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 the Licensee 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 the License, Licensee 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. The Licensee's discontinuation of its authorized use of the Right-of-Way;
b. Notification of the Licensee 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
c. Termination of the License pursuant to paragraph 7 above.
9. Removal of Cable. Upon termination of this License Agreement, the Licensee
shall have the right to remove the Cable within a reasonable time, not to exceed one hundred
twenty (120) days. If the Licensee 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 the Licensee 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 the Licensee.
10. Notices. Any notice to either party hereunder shall be sufficient if mailed by
United States mail, postage prepaid, at the following addresses:
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City of Salina, Kansas
c/o City Clerk
P.O. Box 736
Salina, KS 67402-0736
John Gunn, President
ComputerLand
127 North Seventh Street
Salina, KS 67401
11. Assignment of License. The Licensee shall not assign this License Agreement
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
ATTEST:
~ lO_~
udy . Lo ity Clerk
REVRON OF SALINA, INC.
STATE OF KANSAS COUNTY OF SALINE, SS:
On this q~ day of October, 1995, before me a Notary Public in and for said state,
personally appeared John Divine, Mayor of the City of Salina, Kansas, and Judy D. Long, City
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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.
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lEMa .::{~ ~-
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Notary bhc
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STATE OF KANSAS COUNTY OF SALINE, SS:
On this \ct~day of October, 1995, before me a Notary Public in and for said state,
personally appeared John Gunn, President of Revron of Salina, 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.
t,,:: t:) ::~ M::::yE p~N~~I~T
~ STATE OF KANSAS .
MY Am. EX" '" Y: do'l '1 (,.
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