LICENSE
FOR
USE OF CITY PROPERTY FOR AGRICULTURE USE
THIS LICENSE AGREEMENT ("Agreement") is entered into this _______ day of ________, 2011 ("Effective Date") by and between the City of Lawrence, a municipal corporation ("City"), and __________________ , dba as ______________ , (“Licensee”).
RECITALS:
A. [discuss the project here, name of project]
B. Licensee has requested the City to issue it a license for the purpose of maintaining a garden on City-owned land.
NOW, THEREFORE, and subject to the terms and conditions below, the City hereby grants to Licensee the non-exclusive use of the City property described and defined below and, in consideration of the license granted to Licensee herein, Licensee agrees to the following:
1. Licensed Property. The licensed property consists of that property highlighted on the map attached as Exhibit A, and further known as Douglas County Parcel Number(s) ___________________ (the "Licensed Property").
2. Purposes. Licensee may use the Licensed Property for the purposes herein and for no other purpose or use without the express written consent of the City. The purpose and use of the Licensed Property shall be for agricultural use and participation in the urban agriculture program pursuant to the Rule and Regulations of the program as set forth in Exhibit B attached hereto.
3. Term of License. This License shall begin on the date first set forth above and shall expire on December 31, 2015, unless earlier revoked by the City at its sole discretion. The term shall automatically renew for an additional period of one year at the end of each calendar year thereafter for a one year term unless either party gives written notice of termination of the license agreement to the other party at least 30 days prior to the end of the term.
4. Operation Requirements. Licensee agrees to the following:
a. Licensee shall adhere to the Maintenance Requirements & the Rules and Procedures Manual of the program which are attached as Exhibit B and to all the requirements of the Request for Proposals.
b. Licensee and its agents shall maintain the property in a reasonably clean condition, and, at the conclusion of the license, shall remove all equipment, refuse and any other materials brought onto the property by the Licensee.
c. Any equipment used on the licensed property shall produce noise levels no greater than the limits permitted by the City's noise ordinance.
5. Qualifications of Licensee. Licensee shall be qualified to perform all activities described in Section 2, and shall perform all activities in compliance with applicable laws and regulations.
6.
Indemnification
and Insurance.
Licensee
shall defend, indemnify and hold harmless the City, its officers, agents,
employees, successors and assigns from any and all claims, losses, costs, damages, expenses and liabilities, including
reasonable attorneys' fees, for or from loss of life or damage or injury
to any person or property of any person or
entity, including, without limitation, the agents, officers, employees,
invitees and licensees of the City, arising out of, connected with or
incidental to, either directly or indirectly, Licensee's use of, construction
on, or maintenance of the Licensed Property during the term of this License by
Licensee, its employees, agents, contractors and
subcontractors,
licensees or invitees or the exercise by Licensee of any of its rights or the performance
by Licensee of any of its obligations. Licensee shall not interfere with or
damage existing utility facilities or City infrastructure, on, off, under, or
near the Licensed Property, and shall indemnify
and reimburse the City for any damages, costs, expenses or liabilities
resulting from Licensee's damage or
interference therewith. The indemnity obligation contained in this Section
shall survive the expiration or earlier termination of this License. In no
event, however, shall the foregoing agreement to defend, indemnify and hold
harmless the City be deemed to extend to any liability for any
environmental condition of the Licensed Property.
Licensee shall, at its own expense, defend the City in all litigation, pay all reasonable attorneys' fees, damages, court costs and other expenses arising out of such litigation or claims incurred in connection therewith; and shall, at its own expense, satisfy and cause to be discharged such judgments as may be obtained against the City, or any of its officers, agents or employees, arising out of such litigation.
Licensee shall take out and maintain at its own expense during the term of this License, Comprehensive General Liability insurance, wherein the City is named as an additional insured, as shall protect itself, the City, and any entity performing work covered by this License from claims for damage for personal injury, disease, illness or death, including accidental death, as well as from claims for property damages which may arise from operations under this License, whether such operations be by itself or by any entity or by anyone directly or indirectly employed by either of them. The Comprehensive General Liability insurance policy shall have limits of liability of not less than Five Hundred Thousand Dollars ($500,000.00) applicable to the liability assumed by Licensee under this Section 5. Licensee shall provide the Director of the Legal Department with a copy of its Certificate of Insurance at the time of execution of this License. All insurance required hereunder shall be effected under valid and enforceable policies issued by insurers of recognized responsibility authorized to do business in the State of Kansas, and shall contain a provision whereby the insurer agrees not to cancel the insurance without thirty (30) days prior written notice to the City Manager, 6 E. 6th Street, Lawrence, KS 66044.
7.1 Events of Default. Each of the following, without limitation, shall constitute an event of default by Licensee:
a. Licensee fails to keep, perform and observe any promise or agreement contained in this License; or
b. Any lien is filed against the Licensed Premises because of any act or omission of Licensee.
7.2 Upon
the occurrence of any of items (a) through (b) of Article 7.1, the City may, at
its option, exercise
any one or more of the following rights and remedies:
a. deny access to the Licensed Property; or
b. terminate this License Agreement; or
c. Exercise any and all additional rights and remedies that the City may have at law or in equity.
7.3 No waiver by the City at any time of any of the terms or conditions of this License Agreement shall be deemed or taken as a waiver at any time thereafter of the same or any other terms or condition herein or of the strict and prompt performance thereof. No delay, failure or omission of the City to take or to exercise any right, power, privilege or option arising from any default, or subsequent acceptance of any fee then or thereafter accrued shall impair or be construed to impair any such right, power, privilege or option to waive any such default or relinquish thereof, or acquiescence therein and no notice by the City shall be required to restore or revive any option, right, power, remedy or privilege after waiver by the City of default in one or more instances. No waiver shall be valid against the City unless reduced to writing and signed by an officer of the City duly empowered to execute same.
7.4 Except as otherwise provided herein, neither the City nor Licensee shall be deemed to be in default or breach of this License Agreement by reason of failure to perform any one or more of its obligations hereunder if, while and to the extent that such failure is due to strikes, boycotts, labor disputes, embargoes, acts of God, acts of the public enemy, acts of government authority, floods, riots, rebellion, sabotage or any other circumstances for which it is not responsible and which are not within its control; provided that Licensee's obligation to pay fees, additional fees, charges or other money payments required by this License Agreement which have been incurred prior to the force majeure event or following its cessation shall continue.
8. Compliance with Laws. Licensee shall comply with local, state, and federal laws, regulations, ordinances and orders governing the Licensed Property and the activities authorized hereunder, and shall obtain all necessary permits from the City prior to commencement of the activities authorized hereunder.
9. Safety Measures. Licensee shall fence, barricade or take such other measures as are necessary or appropriate to protect the general public from any danger posed by Licensee's activities or Licensee’s property under this License. Licensee shall also take measures to protect existing City infrastructure on the property, including but not limited to sidewalks, water and sewer lines, water meters and other utilities.
10. Taxes and Other Charges. Licensee agrees to timely pay all taxes, if applicable, and any other charges or expenses attributable to Licensee's activities.
11. Other Charges Utilities. Licensee agrees to pay for any and all utility charges that may apply to the licensed property including, but not limited to water utilities, waste water and stormwater charges, sanitation, electric and gas and to place any such utilities accounts in its name.
12. Surrender of
Premises and Title to Improvements. Licensee shall yield and
deliver peaceably to the City possession of the Licensed Property on the date
of cessation of this License, whether such cessation
be by revocation, termination, expiration or otherwise, promptly and in good condition. Prior to such
surrender of the Licensed Property, Licensee
shall restore and repair any and all damage to the Licensed Property caused by,
related to or resulting from
Licensee's operations thereon, normal wear and tear excepted. If
requested by the City, Licensee shall remove all improvements and restore the Licensed Property to its original
condition. Otherwise, title to all improvements
constructed or installed by Licensee on the Licensed Property shall vest in the
City upon completion of the Project or upon termination of this License prior
to completion of the Project. Any crops not removed from the Licensed Property
shall become the property of the City.
12. Entire Agreement. This License constitutes the entire agreement between the parties as of the date hereof. Any provisions of prior licenses, agreements or documents which conflict in any manner with the provisions of this License are hereby specifically declared void and of no effect.
13. City's Right of Entry. The City of Lawrence, its officers and employees, shall be entitled to enter the Licensed Property at any time for all reasonable purposes, including, without limitation, inspection of the Licensee's activities hereunder.
14. Licensing Fee. Licensee shall pay a one-time licensing fee of One Dollar ($1.00).
15. Right to Assign or Sublet. This license may not be assigned to any person or group, nor sublet in any part for any purpose without written consent from the City.
16. Amendments. Amendments and alterations to this license shall be in writing and to the below addresses via first class U.S. Mail.
To the City of Lawrence
City Manager
P.O. Box 708
Lawrence, KS 66044
(785) 834-3400
To the Licensee
Name: ___________________
Address:
Cell Phone: _________________
Email: _____________________
IN WITNESS WHEREOF, the parties hereto have caused this
License to be executed as of the date first set forth above.
CITY OF LAWRENCE
By: _______________________
David L. Corliss, City Manager
Date:_________________
The undersigned hereby agrees and consents to the terms and conditions of this License, and further states that s/he has authority to sign on behalf of the Licensee.
dba
Signature: ________________
Title:_________________
Print Name:_______________
Date: ___________________
Exhibit A [map]
Exhibit B
Maintenance Requirements & Rules and Regulations for Agricultural Use
To improve the premises, conserve its resources, and maintain it in a high state of cultivation, the two parties agree to follow the Rules and Procedures Manual of the Urban Agriculture program is incorporated by reference as if fully set forth herein, and the following:
A. The LICENSEE will maintain the premises during the tenancy in as good condition as at the beginning, normal wear and depreciation, and damage from causes beyond the LICENSEE’S control excepted.
B. The LICENSEE will not, without oral consent of the OWNER, 1) plow permanent pasture or meadow land; 2) cut live trees for sale or for personal uses, but may take for fuel or use on the premises only dead or unmarketable timber designated by the OWNER.
C. The LICENSEE will spread straw or other crop residues on the premises, as appropriate.
D. The LICENSEE will use diligence to prevent noxious weeds from going to seed on the premises and will abide by the City of Lawrence weed code.
E. The LICENSEE will not, without written consent of OWNER, 1) erect or permit to be erected on the premises any non-removable structure or building; 2) incur any expense to the OWNER for such purposes; or 3) add electrical wiring, plumbing or heating to any buildings. If consent is given to undertake any of the items identified in this paragraph, LICENSEE will make such additions in compliance with all applicable laws. All alterations, additions, or improvements to the premises made by the Licensee shall become the property of the OWNER upon termination of the lease. The OWNER shall have the right to require the LICENSEE to remove all alterations, additions, or improvements at LICENSEE’S cost, upon termination of lease.
F. The LICENSEE will control soil erosion as completely as practicable and in the event of soil blowing, the LICENSEE shall take care to remediate blowing soil promptly at the LICENSEE'S expense. No stubble or crop residue is to be burned from the ground on the licensed property.
G. The LICENSEE will keep in good repair, terraces, open ditches, inlets and outlets of tile drains, preserve all established water courses or ditches including grass waterways when seeded by the OWNER, and refrain from any operations or practices that will incur them.
H. The LICENSEE will make all reasonable attempts to control odor on the premises, including best practices for composting and reuse of garden materials and upon receipt of complaint by the OWNER, will mitigate odors on the property.
I. Before any new conservation practices and measures are carried out, the parties will agree between themselves as to the nature and cost of such improvements.
J. The LICENSEE shall not consume or allow to be consumed alcohol or any other banned or illegal substance or drug on the property.
K. The LICENSEE shall post contact information regarding the program and for the LICENSEE on the property.
L. The LICENSEE shall be responsible for any and all snow removal on City sidewalks adjacent to the property.
M. The LICENSEE shall comply with the noise code provisions of the City of Lawrence found at §14-413 to §14-416 of the Code of the City of Lawrence and any amendments thereto.
N. The Licensed Property and the LICENSEE shall comply and make applicable to the Licensed Property the provisions of §14-417 of the Code of the City of Lawrence pertaining to Illegal Camping. Camping shall not be permitted on the Licensed Property.
O. The LICENSEE shall be responsible for any gardening or farming tools or implements on the Licensed Property and shall secure and store any personal property left on the Licensed Property.