LICENSE AGREEMENT

THIS LICENSE AGREEMENT (the “License”) is made this _____ day of _____________ 2006 (the “Effective date”) by and between the City of Lawrence, Kansas, a municipal corporation (the “City”), and Phillip and Rachel Rademacher, (“Licensees”), owners of property legally described as:

Lots 18 and 19 of the plat of Country Club Terrace

RECITALS

1. The City is the holder of the Right-of-way along Rockledge Road located in the

City of Lawrence, Douglas County, Kansas.

2. Licensees are the owners of certain real estate (the “Property”), located at 515 Rockledge Road, adjacent to and along the right-of-way, in the City of Lawrence, Kansas and legally described above.

3. Licensees wish to install a business sign and landscaping in the right-of-way at 515 Rockledge Road, in Lawrence, Kansas to enhance the use and enjoyment of the Property. Accordingly, the Licensees have requested permission from the City to maintain a business sign and landscaping on a portion of the right-of-way and the City has agreed to provide a license to Licensees 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:

Grant of License. The City hereby grants to the Licensees the non-exclusive license, right, privilege, and permission (the “License”) to use in common with others an area in the right-of-way measuring approximately 168 square feet and located generally four (4) feet northwest of the existing sidewalk and approximately six (6) feet northeast of the driveway serving the Property as depicted in Exhibit A, for the purpose of constructing and maintaining, at Licensees’ sole cost and expense, a business sign and landscaping. Exhibit A is incorporated herein by reference. So long as this License Agreement is in effect, the City agrees to suspend enforcement of that portion of Section 5-739.2(A) prohibiting the placement of a sign in the right-of-way, and Section 16-803 of the Code of the City of Lawrence, Kansas, 2003 Edition, and amendments thereto.

No Representation by the City. The Licensees represent that the City has made no representations with respect to the right-of-way or its condition, and that the Licensees 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 Licensees the privilege and permission to use that portion of the right-of-way described in Paragraph 1 of this License Agreement in its present condition “as is” without any warranties subject to the conditions set forth herein.

Covenants of the Licensee. The Licensees hereby covenant and warrant to the City, as follows:

To maintain the business sign and landscaping at the Licensees’ sole cost and expense for the duration of the License Agreement.
To move the business sign and/or landscaping immediately upon the City’s request if the City determines the business sign and/or landscaping need to be moved for the installation, repair, maintenance, or expansion of any streets or utilities located, or to be located in, on, under or through the right-of-way. The Licensees shall bear all costs associated with moving the sign and/or landscaping and Licensees hereby agree the City shall have no duty whatsoever to replace the Licensees’ business sign or landscaping. The Licensees may replace, at their sole cost and expense, the business sign and/or landscaping in its former location except as otherwise provided by paragraph 6 of this Agreement.
To comply with all applicable laws and ordinances (other than those City Code sections specifically identified in Paragraph 1 of this License Agreement), including land use and sign code requirements of the City of Lawrence and the County of Douglas, Kansas.
To refrain from causing any waste, damage, or injury to the right-of-way.
The Licensees shall not have any right to enlarge the present scope of this License Agreement, without the prior written consent of the City.

Indemnification of the City. During the time this License Agreement is in effect, the Licensees 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 Licensees’ use or occupancy of the right-of-way, or any portion thereof or the maintenance of a business sign and landscaping 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.

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

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 Licensees 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 Licensees 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.

Binding Effect. This License Agreement shall, at all times, be binding upon the City and the Licensees 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.

Governing Law. This License Agreement shall be construed and enforced in 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.

LICENSEES:

_______________________________

Phillip Rademacher

Rachel Rademacher

STATE OF KANSAS )

COUNTY OF DOUGLAS )

BE IT REMEMBERED, that on this day of , 2006, before me, the undersigned, a Notary Public in and for the County and State aforesaid, came Phillip and Rachel Rademacher, who are personally known to me to be the same persons who executed the within and foregoing instrument of writing and duly acknowledged the execution of the same.

IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day and year last above written.

Seal: Notary Public

CITY OF LAWRENCE, KANSAS a

municipal corporation

_________________________________

David L. Corliss, Interim City Manager

STATE OF KANSAS )

COUNTY OF DOUGLAS )

BE IT REMEMBERED, that on this day of , 2006, before me, the undersigned, a Notary Public in and for the County and State aforesaid, came David L. Corliss, Interim City Manager, who is personally known to me to be the same person who executed the within and foregoing instrument of writing and duly acknowledged the execution of the same.

IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day and year last above written.