License Agr Seventh Street
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REBECCA SEEMAN
REGISTEll OF DEEDS ~lf
SALINE COUNTY KANSAS ./V
, Book: 114.3 ~age: 872
rt~Celpt #: 38673 Total Fees: $20.00
Paoes Recorded: 4
- Date Recorded: 1/5/2007 4:31:15 PM
LICENSE AGREEMENT
This License Agreement is entered into this ~ day of December, 2006, by and
between the CITY OF SALINA, KANSAS ("CITY") and RA VEY INVESTMENTS, LLC
("RA VEY INVESTMENTS If).
Recitals
A. RA VEY INVESTMENTS owns and occupIes the building located on the
following described real estate (the "Building"):
Lot Eighty (80) on Seventh Street, Original Town of Salina, Saline County, Kansas.
B. RA VEY INVESTMENTS desires to install, maintain and replace private street
lights and irrigated landscaping (the "Private Improvements") in the Seventh Street and Ash
Street public rights-of-way adjacent to the Building, as depicted on the attached Exhibit A
C. The CITY's Public Works Department has concluded that, under the
circumstances, allowing RA VEY INVESTMENTS to construct the proposed Private
Improvements will not interfere with the current public sidewalk use of the Seventh Street and
Ash Street public rights-of-way at that location.
THE PARTIES THEREFORE AGREE:
1. Grant of License. The CITY grants a license to RA VEY INVESTMENTS for
construction and maintenance of the Private Improvements as depicted on the attached and
incorporated Exhibit "A" (the "License"), subject to the terms and conditions set forth in this
License Agreement.
2. Construction of Improvements. RA VEY INVESTMENTS shall be responsible
for all costs associated with installation, maintenance, and replacement of the Private
Improvements, as proposed. The private street lights to be installed shall meet the specifications
previously approved by the City Engineer. Any replacement of the private street lights to a
different specification shall require advance approval of the replacement street light
specifications by the City Engineer.
3. Public Utilities. RA VEY INVESTMENTS acknowledges that its authorization to
construct and maintain the Private Improvements in the public right-of-way pursuant to the
License is subordinate to the rights of the CITY and its franchisees in the installation and
maintenance of public utilities in the public right-of-way. Consequently, RA VEY
INVESTMENTS acknowledges responsibility for any and all cost of removal, repair, or
replacement of the Private Improvements required as a result of the installation, repair, or
replacement of public utilities lawfully located in the right-of-way.
Book: 1143 Page: 873
,
4. 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 Private Improvements as installed,
maintained and replaced at the location depicted on Exhibit A; or
B. Notification of RA VEY INVESTMENTS by the CITY that the public
interest is best served by the use of the Seventh Street or Ash Street rights-of-way in a
manner in conflict with the License, and that the License shall terminate, either in whole
or in part, no less than 180 days following such notice.
5. Responsibilities Upon Notification of Termination. If notice of termination of the
License, either in whole or in part, is given pursuant to paragraph 2.B, RA VEY INVESTMENTS
must remove the affected Private Improvements and restore the existing concrete sidewalk to its
original condition prior to construction of the Private Improvements. If RA VEY
INVESTMENTS fails to remove the Private Improvements and restore the concrete sidewalk as
described, the CITY may cause the necessary work to be performed and charge the cost of the
work against RA VEY INVESTMENTS and/or assess the costs as a special assessment against
the real estate described above.
6. Indemnification and Hold Harmless. RA VEY INVESTMENTS 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 attorney fees) that may arise from
the CITY allowing RA VEY INVESTMENTS to construct, maintain and replace the Private
Improvements pursuant to this License Agreement.
7. 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 M. Ravenkamp, President
Ravey Investments, LLC
200 S. Fifth Street
Salina, KS 67401
8. Assignment of License. The assignment of any rights under this License
Agreement by RA VEY INVESTMENTS shall be subject to the prior written consent of the
CITY.
9. Binding Effect. This License Agreement shall be binding upon the parties, their
successors and authorized assigns.
Book: 1143 Page: 874
Executed the day and year first above written.
CITY OF SALINA, KANSAS
By:e~QYk--
Donnie D. Marrs, Mayor
ATTEST:
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Lieu Ann Elsey, CMC, City Cler
RAVEY INVEST
B
STATE OF KANSAS; COUNTY OF SALINE, SS:
On thisdqt-Y-\day of December, 2006, before me a Notary Public in and for said
state, personally appeared Donnie D. Marrs, Mayor, and Lieu Ann Elsey, 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.
A. PENNY DAY
~ Notary Public. S Ie of Kansas
My Appt. Expires
STATE OF KANSAS; COUNTY OF SALINE, SS:
On thisj ~/!I) day of December, 2006, before me a Notary Public in and for said
state, personally appeared James M. Ravenkamp, as President of Ravey Investments, LLC,
known to me to be the persons who executed the within License Agreement on behalf of Ravey
Investments, LLC, and acknowledged to me that they executed the same for the purposes therein
stated.
~ Not~~;~~i~'s~:::;a~sas
My Appt. Expires r<.~8r 12, 20[1fl
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Lot 80 on Seventh St.
Original Town of Salina, KS
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Legend
. Monuments Found
D Described Distance
P Platted Distance
X;X Light Pole
-e-- Brace Pole
+ Power Pole wi Transformer
"" Corp Stop
8"". Sanitary Sewer Manhole
-w- Underground Water
- 55 - Underground Sanitary Sewer
-UE- Underground Electric Lines
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Property Comer
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Legal DescrIption
ex:
Lot 80 on Seventh Street, Original Town of Salina, Saline
County, Kansas.
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New d~corarivc fiahr
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50'-0"
50'-0"
Existing Building
157 N. SCYenlh St.
Salina, KS
Lot Area ~ 6162 Sq. Ft.:o
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&) ......., Property Comer
120.4'
N 89046'08" W 120.37' (CM) 120' (P)
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Note
I)Basis of Bearings: Assumed N 89046'08" W along the North line of
Lot 80 on Seventh Street, Original Town.
2)Monuments found have an unknown origin unless noted otherwise.
3)Per "Kansas Minimum Standards for Boundary Surveys"; all
easements evidenced by a record document, which were provided at
the time of this survey, were shown. No such documentation or tille
work were provided.
4)Dueto decorative comers on the building, all property comers,
except the Southwest comer, are 0.2' feet inside the decorative comer
of the building. See details for dimensions.
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