LICENSE AGREEMENT

 

THIS LICENSE AGREEMENT (the “License”) is made this _____ day of _____________ 2006, (the “Effective date”) by and between the University of Kansas, (“Licensee”), and the City of Lawrence, Kansas, a municipal corporation (the “City”).

 

RECITALS

 

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. 

 

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 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 Burcham Park or any part thereof, and that the Licensee is not relying on any representations of the City or the City’s agents with respect to the use or condition of any part of Burcham Park.  This License Agreement grants the Licensee the privilege and permission to use that portion of Burcham Park described in Paragraph 1 of this License Agreement in its present condition “as is” without any warranties subject to the conditions set forth herein.

 

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 Lawrence and the County of Douglas, Kansas.    

f.       To refrain from causing any waste, damage, or injury to the Licensed Area and Burcham Park.

 

4.      Flood Plain. The parties acknowledge Burcham Park is located in the flood plain.  Licensee agrees the City shall have no responsibility whatsoever to Licensee or any third parties, for damage or loss of any kind, including loss of life and damage to property as a result of Licensee’s use or occupancy of Burcham Park under this License Agreement.  Licensee agrees to comply with all conditions of its Flood Plain Permit administratively approved by the City on March 23, 2006.   

 

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 Burcham Park, and agrees to never assail, resist, or deny such rights by virtue of the Licensee’s occupancy or use under this License Agreement.

 

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 Kansas.

 

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

 

LICENSEE: 

 

 

_______________________________

Marlesa Roney

Vice Provost for Student Success

University of Kansas

 

 

 

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, 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.

 

 

                                                                                                                   

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.

 

 

                                                                                                                   

Seal:                                                  Notary Public