Awning in ROW
LICENSE AGREEMENT
This License Agreement is entered into this l2Ii. day of August, 1998, by and between the
CITY OF SALINA, KANSAS (the "City") and JAMES BRIAN RICHARDSON and JULIE
RICHARDSON, husband and wife, (the "Licensee").
Recitals
A. Licensee owns the following described real estate:
Lot Thirty-four (34), on Santa Fe Avenue, Grounds of Kansas
Wesleyan University to the City of Salina, Saline County, Kansas,
known as 1211 South Santa Fe.
(the "Real Estate")
B. Licensee has requested the City's permISSIon to construct an awning (the
"Improvements") on the Real Estate extending over the existing City right-of-way (the "Right-of-
way").
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 Right-of-way.
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 Right-of-way 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 Right-of-way no later than the designated license termination
date. If Licensee fails to remove that portion of the Improvements that extend over the Right-of-
way 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 Right-of-way 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
James Brian and Julie Richardson
216 South Morse 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:
PA1~
Peter F. Brungardt, Mayor
A TrEST:
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. L , City Clerk
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es Bnan Richards~n
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Ju 1 c ardso
STATE OF KANSAS; COUNTY OF SALINE, SS:
On this /11b. 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
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Notary Public
My appointment expires:
STATE OF KANSAS, COUNTY OF SALINE, SS:
On this ;?() -(1...- day of August, 1998, before me a Notary Public in and for said state,
personally appeared James Brian Richardson and Julie Richardson, husband and wife, 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~~, ~
~ Notary Public
My appointment expires:
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ASH ENTERPRISES, INC.
1100W.GRAND BlDG. 1
SALINA. KS 61401
(785) 825-5280 .
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