LICENSE AGREEMENT
THIS
LICENSE AGREEMENT (the “License”) is made this _____ day of
_____________ 2006, (the “Effective date”) by and between the
Whereas,
the City is the owner of Burcham Park, located adjacent to the Kansas
River in the 100 block of Indiana Street,
in Lawrence, Douglas County, Kansas; and
Whereas, Licensee, through its Recreation
Services Department, wishes to enlarge an enclosed area the KU Recreation
Services Department shares with the KU Athletic Department in Burcham Park; and
Whereas,
Licensee has requested permission from the City to enlarge the enclosed area it
currently occupies in Burcham Park by approximately 2100 square feet for the
purpose of storing boats and equipment for Licensee’s rowing activities, and
the City has agreed to provide a license to the Licensee for such purpose, all
in accordance with the terms and conditions of this license.
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 Licensee the non-exclusive license, right, privilege, and
permission (the “License”) to use an area in Burcham Park, measuring
approximately 2100 square feet and located adjacent to the existing enclosed
area used by Licensee’s Athletic Department for the purpose of constructing and
maintaining, at Licensee’s sole cost and expense, a fenced area to store boats
and equipment used by its rowing team and club (the “Licensed Area”).
2. No
Representation by the City. The Licensee represents that the City has
made no representations with respect to
3. Covenants
of the Licensee. The
Licensee hereby covenants and warrants to the City, as follows:
a. To
maintain the chain link fence at the Licensee’s
sole cost and expense for the duration of the License Agreement.
b. To maintain
the enclosed area, keeping it free from debris, rubbish, and weeds.
c. To
exercise reasonable care to protect and secure the boats and equipment stored
therein and to not permit the storage of any items other than boats and related
rowing equipment without the prior written consent of the City.
d. To
immediately remove the fence and any boats and equipment stored therein upon
the City’s request. The Licensee shall
bear all costs associated with removing the fence, boats and/or equipment. Licensee hereby agrees the City shall have no
duty whatsoever to replace the Licensee’s fence. The Licensee may replace, at its sole cost
and expense, the fence and/or landscaping in its
former location except as otherwise provided by paragraph 6 of this Agreement.
e. To
comply with all applicable laws and ordinances, including land use code and
fence requirements of the City of
f. To
refrain from causing any waste, damage, or injury to the Licensed Area and
4. Flood Plain. The parties
acknowledge
5. Indemnification
of the City. During the
time this License Agreement is in effect, the Licensee agrees 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 Licensee’s
use or occupancy of Burcham Park, or any portion thereof under this License
Agreement on account of any injury to persons or damage to property, excluding
therefrom such injury or damage caused by the negligence of the City.
6. Accommodation. The permission granted to the Licensee under
this License Agreement is given to the Licensee as an accommodation, and shall
be without charge to the Licensee. The Licensee hereby acknowledges the City’s
rights to
7. 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 Licensee 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 Licensee
fails 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. The Licensee covenants
and agrees that Licensee will, upon the termination of this License Agreement, immediately
surrender possession of the Licensed Premises.
8. Scope of Agreement. The Licensee shall not have any right to
enlarge the present scope of this License Agreement, without the prior written
consent of the City. Licensee shall not
assign or sublet in whole or in part the Licensed Premises without the prior
written consent of the City. Licensee
shall not alter its use of the Licensed Premises without the prior written
consent of the City.
9. Relationship of the Parties. The
parties hereto each acknowledge and agree that this License Agreement shall not
create any type of partnership, joint venture or agency relationship between
the City and Licensee.
10. Binding
Effect. This
License Agreement shall, at all times, be binding upon the City and the
Licensee and all parties claiming by, through, or under them.
11. Governing
Law. This
License Agreement shall be construed and enforced in accordance with, and
governed by, the law of the State of
IN WITNESS WHEREOF, the
undersigned have caused this License Agreement to be executed as of the
Effective Date.
_______________________________
Marlesa Roney
Vice Provost for Student
Success
STATE OF
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, Marlesa Roney, on behalf of the University of Kansas,
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.
Municipal Corporation
_________________________________
David L. Corliss, Interim City
Manager
STATE OF
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.