LICENSE AGREEMENT

 

THIS LICENSE AGREEMENT (the “License”) is made this _____ day of _____________ 2004 (the “Effective date”) by the City of Lawrence, Kansas, a municipal corporation (the “City”), and Jack E. and Janice T. Gaumnitz and Jell, Inc. (“Owners”), owners of property legally described as:

 

Jack E. and Janice T. Gaumnitz:

Beginning at the northeast corner of the northwest quarter, Section 5, Township 13S, R19E; thence south 01°16’25” west, 1292.51 feet along the east line of said quarter section; thence south 89°40’48” west, 1220.14 feet; thence north 01°19’31” east, 675.02 feet; thence north 89°40’48” east, 435.35 feet; thence north 01°16’25” east, 617.45 feet to the north line of said quarter section; thence north 89°40’32” east, 784 feet along said north line to the point of beginning.

 

Jell, Inc.:

Beginning at the southeast corner of the southwest quarter, Section 32, Township 12S, R19E; thence south 88°04’42” west, along the south line of said quarter section 660.01 feet; thence north 02°30’11” west, 335.77 feet, thence north 88°01’18” east, 652.54 feet; thence on a 340 foot radius curve to the left with a 23.31 foot cord bearing south 29°44’21” east, an arc distance of 23.31 feet; thence south 31°42’12” east, 212.74 feet; thence on a 260 foot radius curve to the right with a 134.65 foot chord bearing south 16°41’45” east,  an arc distance of 136.2 feet to the south line of the southeast quarter of said Section 32; thence south 87°41’36” west, along the south line of said southeast quarter 140.01 feet to the point of beginning.

 

RECITALS

 

1.  The City and County are the holders of the Right-of-Way (ROW) for N 1500 Road

      located along the City Limits of the City of Lawrence and Douglas County, Kansas.

2.  Owners are the owner of certain real estate (the “Property”), located adjacent to and along the ROW, in the City of Lawrence, Kansas.

3.  Owners wish to install a gate across the right-of-way of N 1500 Road in Lawrence, Douglas County, Kansas to enhance the use and enjoyment of the Property.  Accordingly, the Owners have requested permission from the City to install a gate on a portion of the right-of-way, and the City has agreed to provide a license to Owners for such purpose, all in accordance with the terms and conditions of this License.

 

 

 

 

 

AGREEMENT

 

NOW, THEREFORE, in consideration of the mutual promises and obligations contained herein, the parties hereby agree as follows:

 

  1. Grant of License.  The City hereby grants to the Owners the non-exclusive license, right, privilege, and permission (the “License”) to use in common with others that portion of the right-of-way, on which a gate will be located, for the purpose of construction and maintaining a gate.

 

  1. No Representation by the City.  The Owners represent that the City has made no representations with respect to the right-of-way of its condition, and that the Owners are not relying on any representations of the City or the City’s agents with respect to the use or condition of the right-of-way.  This License Agreement grants the Owners the privilege and permission to use the right-of-way in its present condition “as is” without any warranties.

 

  1. Covenants of the Owners.  The Owners hereby covenant and warrant to the City, as follows:
    1. To maintain the gate at the Owners’ sole cost and expense and to remove all debris and other items placed thereon by Owners, or as a result of Owners’ use of the right-of-way.
    2. If the gate needs to be moved for public purposes including, but not limited to, street/road improvements, the installation, repair, or maintenance of any utilities located or to be located in, on, under or through the right-of-way the Owners shall, at his sole cost and expense, move the gate.  The Owners may replace the gate in its former location except as otherwise provided by paragraph 6 of this Agreement.
    3. To comply with all applicable laws and ordinances, including land use requirements of the City of Lawrence and the County of Douglas, Kansas.
    4. To refrain from causing any waste, damage, or injury to the right-of-way.
    5. The Owners shall not have any right to enlarge the present scope of this License Agreement, without the prior written consent of the City.

 

  1. Indemnification of the City.  During the time this License Agreement is in effect, the Owners agree to indemnify, defend, and save the City, and the City’s officers, commissioners, agents, employees, grantees, and assigns, harmless from and against all claims, actions, liabilities, damages, costs, expenses, and judgments, including attorneys’ fees, which relate to, arise from, or are in connection with the Owners’ use or occupancy of the right-of-way, or any portion thereof or the maintenance of the gate on the right-of-way, on account of any injury to persons or damage to property, excluding therefrom such injury or damage caused by the negligence of the City.

 

  1. Accommodation.  The permission granted to the Owners under this License Agreement is given to the Owners as accommodation, and shall be without charge to the Owners. The Owners hereby acknowledges the City’s rights to the right-of-way, and agrees to never assail, resist, or deny such rights by virtue of the Owners’ occupancy or use under this License Agreement.

 

  1. Term and Termination.  The City reserves the right to terminate the permission granted by this License Agreement at any time and for any reason by giving the Owners at least 30 days written notice of such termination, except that the City may, at the City’s election, terminate the permission immediately without such notice at any times, if (i) the Owners fail to comply with or abide by each and all of the provisions of this License Agreement, or (ii) if the continued use of the License presents a health or safety hazard.

 

  1. Binding Effect.  This License Agreement shall, at all times, be binding upon the City and the Owners and all owners of the Property and all parties claiming by, through, or under them, shall run with the land, and shall be for the benefit of and limitations upon all future owners of the Property; provided, however, that the rights, duties, and obligations, of each owner as set forth herein shall cease with the termination of his or its ownership of the Property, or portion thereof, except for the duties and obligations arising during  the period of his or its ownership.

 

  1. Governing Law.  This License Agreement shall be construed and enforced in a accordance with, and governed by, the law of the State of Kansas.

 

IN WITNESS WHEREOF, the undersigned have caused this License Agreement to be executed as of the Effective Date.

 

OWNER:   Jack E. Gaumnitz

                                                                               

By: _______________________________

 

 

                                                            OWNER:  Janice T. Gaumnitz

 

                                                            By: ________________________________

 

                                                           

                                                            OWNER:  Jell, Inc.

 

                                                            By:  ________________________________

 

 

 

THE CITY:  CITY OF LAWRENCE, KANSAS a

                                                                                Municipal  Corporation

 

By: _________________________________

                                                                                    Mike Rundle, Mayor

 

ATTEST:

 

_____________________________

Frank S. Reeb, City Clerk

 

 

 

STATE OF KANSAS           )

                                                ) ss:

COUNTY OF DOUGLAS     )

 

            The foregoing instrument was acknowledged before me this ______ day of _____________ 2004, by Mike Rundle, Mayor of the City of Lawrence, Kansas, a municipal corporation, on behalf of the City of Lawrence, Kansas.

 

 

                                                                                    ______________________________

                                                                                    Notary Public

 

My appointment expires: ________________

 

 

 

 

 

 

STATE OF KANSAS           )

                                                ) ss:

COUNTY OF DOUGLAS     )

 

            The foregoing instrument was acknowledged before me this _____ day of _____________ 2004, by _______________________, on his behalf.

 

 

 

                                                                                    ______________________________

                                                                                    Notary Public

 

My appointment expires: __________________