Agr War Memorial Construction
LICENSE AGREEMENT
FOR CONSTRUCTION OF WAR MEMORIAL
This License Agreement is made this 27--# day of September,
1993 by and between the CITY OF SALINA, KANSAS (the "city") and
SALINA-SALINE COUNTY WAR MEMORIAL, INC. (the "Licensee") ,
collectively referred to as the "Parties."
Recitals
A. The Licensee wishes to construct at its expense a
monument to those Saline County residents who lost their lives in
service to our country (the "Memorial").
B. Sunset Park is a suitable location for the Memorial.
c. The Parties will mutually benefit from the construction
of the Memorial.
D. Because the Memorial is to be constructed with strictly
private funding, the project is deemed to be exempt from the
bidding requirements of K.S.A. 13-1017.
THE PARTIES THEREFORE, in consideration of the promises
contained in this License Agreement, agree as follows:
Section 1 - Grant of License. The City grants to Licensee and
its contractors a revocable , non-exclusive right to enter (the
"License") that portion of Sunset Park described on Exhibit A (the
"Site") for the purpose of constructing the Memorial (the "Memorial
Project") .
section 2 - Plan Review and Permits. Licensee acknowledges
that the Memorial Project shall be subject to the city's plan
review and permit process. Licensee agrees that the Memorial shall
be constructed in accordance with the plans and specif ications
ultimately approved by the city.
Section 3 - Term of License. The License shall commence upon
execution of the this License Agreement and shall terminate upon
the earlier of the following dates:
A. The date of the Licensee's dedication of the completed
Memorial to the city.
B. The date the Licensee receives notice from the City of
termination of the License for violation of this License
Agreement or applicable law by the Licensee or its
Contractors.
C. July 1, 1994.
section 4 - Contract Labor. Licensee represents and agrees
that all labor required to complete the Memorial Project shall be
completed by the following contractors, collectively referred to as
the "Contractors":
A.
Busboom & Rauh Construction
general construction
B.
B & W Electrical Contractors, Inc. -
electrical
C. plumbing
D. Such other contractors designated by the Licensee and
approved by the City Manager.
Licensee agrees that only employees of the Contractors within the
scope of their employment by the Contractors shall be permitted to
perform the labor on the site necessary to complete the Memorial
proj ect. Licensee acknowledges and agrees for itself and the
Contractors that the Contractors' employees shall not for any
purpose be regarded as agents or employees of the City.
section 5 - Insurance Coveraqes. Throughout the term of the
License, Licensee agrees to provide the City's Risk Manager with
proof of its coverage under a comprehensive general liability
policy approved by the City providing for a per occurrence limit of
at least $500,000. Licensee further agrees that for any time one
of the Contractors is performing work on the Site, the Licensee
shall provide the City's Risk Manager with proof of the following
coverage maintained by that contractor:
A. Workers compensation insurance in the amount required by
state statute.
B. General liability insurance providing for a per
occurrence limit of at least $500,000.
section 6 Materials and Ornamentation. Under no
circumstances shall the Licensee or any of the Contractors be
deemed the agent of the City for purposes of contracting for the
purchase or acceptance of donated materials or ornamentation to be
used in the construction of the Memorial. Licensee represents and
agrees that all materials necessary for the Memorial Project shall
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be donated to the Licensee by various local vendors, with the
following specific exceptions, collectively referred to as the
"Metalwork":
A. Brass plates.
B. Flag poles.
C. Eagle.
Licensee agrees to provide the City with proof of payment in full
for any item of the Metalwork before the item is delivered to the
site for installation as a part of the Memorial.
section 7 - OWDershiD. During construction the Memorial shall
be the property of the Licensee. within a reasonable period of
time following completion of the Memorial Project, the Licensee
shall dedicate the Memorial to the City, after which the City shall
be deemed the owner.
section 8 - ReDair of Damaqe. Licensee shall be responsible
for any damages to any portion of Sunset Park that the Licensee,
its agents, contractors, or their employees may cause by virtue of
the work they are authorized to perform under this License
Agreement. Any such damage shall either be repaired by the City
and charged to the Licensee, or repaired by the Licensee, at the
City's discretion. The parties agree that this covenant shall
specifically extend to the City water line that runs north and
south from 24 inches to 36 inches below the surface of the site.
section 9 - Indemnification. Licensee shall indemnify, defend
and hold harmless the City and all of its officers, agents, and
employees against all suits, claims and liabilities of every kind
and nature (including reasonable attorney fees), for or on account
of injuries to or death of person, and damage to property arising
out of, or as a consequence of the work to be performed in
completion of the Memorial Project.
section 10 - Coordination with city. The Licensee, its
Contractors, and their employees shall at all times during the
duration of the License conduct themselves in accordance with the
reasonable requests of the City and shall coordinate their
activities with the city's Director of Parks and Recreation or his
designee.
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section 11 - Bindina Effect. This License Agreement shall be
binding upon the Parties, their off icers, agents, members, and
successors.
ATTEST:
J
Jacq
City
EXECUTED the day and year first above written.
CITY OF SALINA, KANSAS
By: ~jJi: ~
Pe r F. Brungardt, or
~'w:w~
Shiever, CMC
SALINA-SALINE COUNTY WAR
MEMORIAL, INC.
)/. ~" J.
'/..,. .- '; '.<' ,. t ~', _ (
By : I cc .' - i I ! /('", .' (I "
Patrick O'Conner, Presidefit
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