LICENSE AGREEMENT

THIS LICENSE AGREEMENT is made this _____ day of May, 2016, by and between the City of Lawrence, Kansas, a municipal corporation, and Douglas B. Nairn and Sheree R. Nairn.

RECITALS

A.      The City of Lawrence, Douglas County, Kansas (“the City”), is the holder of that Right of Way on which Pennsylvania Street ("City's Right of Way") is located in Lawrence, Douglas County, Kansas;

B.      Douglas B. Nairn and Sheree R. Nairn (“the Owner"), own certain real estate (“the Property”), commonly known as 1145 Pennsylvania Street, Lawrence, Douglas County, Kansas, and bearing the following legal description, to-wit:

Lot 109 on Pennsylvania Street in the Original Townsite of the City of Lawrence, Douglas County, Kansas.

C.      For years, the Property has used a portion of the City’s Right of Way for the benefit of the Property, including a roofed porch, that both overhangs and incorporates the public sidewalk, and a parking area abutting the sidewalk that has at times been used as a loading dock for commercial uses.

D.      In order to continue to enhance the use and enjoyment of the Property, the Owner wishes to continue to use a portion of the City’s Right of Way for a roofed porch and a parking area ("Porch and Parking Area") (a map depicting the Porch and Parking Area and is affixed hereto as Exhibit A);

E.       In order to protect the City’s interest in the City’s Right of Way, the Owner agrees to execute this License Agreement and to comply with its terms.

TERMS

NOW, THEREFORE, in light of the mutual promises and obligations contained herein, and in exchange for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by the parties, the parties agree as follows:

1. Grant of License. In exchange for the sum of one dollar and no cents ($1.00) and other good and valuable consideration, the City hereby grants to the Owner the non-exclusive license, right, privilege, and permission (“the License”) to use, in common with others, that portion of the City’s Right of Way, as shown in the map affixed hereto as Exhibit A, for the Porch and Parking Area, for the purpose of enhancing the use and enjoyment of the Property.

2. The Owner’s Covenants. In exchange for this License, in addition to giving good and valuable consideration, the Owner hereby covenants and warrants as follows:

(a)     To maintain that portion of the City's Right of Way set aside for the Porch and Parking Area, as shown in Exhibit A, at the Owner’s sole cost and expense and to remove all debris and other items placed thereon by the Owner or that may be caused to be deposited thereon as a result of the Owner’s use and occupancy of the City’s Right of Way.

(b)     To move or to close, at the Owner’s sole cost and expense, the Porch and Parking Area in the event that the City needs to install, repair, or maintain any utilities that may be located or are to be located in the City’s Right of Way. The owner may replace or reopen the Porch and Parking Area in its former location once said installations, repairs, or maintenance are completed, except as may otherwise be provided in paragraph 6 of this License Agreement.

(c)     To comply with all applicable laws and ordinances, including all land use requirements of the City and Douglas County, Kansas.

(d)     To refrain from causing any waste, damage, or injury to the City’s Right of Way.

(e)     The Owner shall not enlarge, intensify, or increase the proposed scope of its use or occupancy of the City’s Right of Way as described in this License Agreement without the prior written consent of the City.

(f)      The Owner recognizes and acknowledges that the general public has access to the sidewalk and the parking area, constituting the Porch and Parking Area, and shall not construct any barriers or do anything to impede or inhibit an accessible route on and through the porch for pedestrians or the use by the public of the parking area.

3. The City Makes No Representations. The Owner agrees that the City has made no representations to it with respect to the City’s Right of Way or its condition, and that it is not relying on any representations of the City or its agents with respect to the City’s Right of Way or its condition. This License Agreement grants the Owner the License to use the City’s Right of Way in its present condition, “as is,” without any warranties, representations, or assurances from the City.

4. Accommodation. The permission granted to the Owner under the License Agreement is given for good and valuable consideration. However, the permission granted is also given as an accommodation to the Owner and shall be made without requiring the payment of rent from the Owner. The Owner hereby acknowledges the City’s right to the City’s Right of Way and agrees never to assail, resist, or deny such right by virtue of the Owner’s use or occupancy of the City’s Right of Way under this License Agreement.

5. Indemnification. During the time that this License Agreement is in effect, the Owner agrees to indemnify, defend, save, and hold harmless the City, its officers, commissioners, agents, employees, grantees, and assigns, from and against all claims, actions, liabilities, damages, costs, expenses, and judgments, including attorneys’ fees, which relate to, arise out of, or are in any way related to the Owner’s use or occupancy of the City’s Right of Way or any portion thereof as a Parking Area or the maintenance of the Parking Area, on account of any injury to persons or damage to property. This indemnification clause shall not apply to any injury or damage caused by the City’s own negligence.

6. 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 Owner at least 180 days written notice of such termination, except that the City may, at the City’s election, terminate the permission immediately without such notice:

(a)     If the Owner fails to comply with or abide by each and all of the provisions, including the Owner’s Covenants, of this License Agreement; or

(b)     If the continued use or occupancy of the City’s Right of Way presents a health or safety hazard.

7. Binding Effect. This License Agreement shall, at all times, be binding upon the City and the Owner and all owners of the Property and all parties claiming by, through, or under them, and shall run with the land, and shall be for the benefit of and shall oblige 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 ownership of the Property, or portion thereof, except for those duties and obligations arising during the period of said ownership.

8.       Severability. If any section, sentence, clause, or phrase of this License Agreement is found to be invalid by any court of competent jurisdiction, it shall not affect the validity of any remaining provision of this License Agreement.

9.       Governing Law. This License Agreement shall be construed and enforced in accordance with and shall be governed by the laws of the State of Kansas.

10.     Recitals. The above-stated recitals are by reference incorporated herein and shall be as effective as if set forth verbatim.

[SIGNATURE PAGES FOLLOW]

          IN WITNESS WHEREOF, the undersigned have caused this License Agreement to be executed as of the date noted above.

CITY:

CITY OF LAWRENCE, KANSAS, a municipal corporation

________________________________

THOMAS M. MARKUS

City Manager

ACKNOWLEDGMENT

THE STATE OF KANSAS               )

                                                )        ss:

THE COUNTY OF DOUGLAS         )

BE IT REMEMBERED, that on this ____ day of ___________, 2016, before me the undersigned, a notary public in and for the County and State aforesaid, came Thomas M. Markus, as City Manager of the City of Lawrence, Kansas, who is personally known to me to be the same person who executed this instrument in writing, and said person fully acknowledged this instrument to be the act and deed of the aforementioned entity.

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

                                                                   ________________________________

                                                                   Notary Public

My commission expires:

OWNER:

DOUGLAS B. NAIRN

SHEREE R. NAIRN

________________________________

DOUGLAS B. NAIRN

________________________________

SHEREE R. NAIRN

ACKNOWLEDGMENT

THE STATE OF KANSAS               )

                                                )        ss:

THE COUNTY OF DOUGLAS         )

BE IT REMEMBERED, that on this ____ day of ___________, 2016, before me the undersigned, a notary public in and for the County and State aforesaid, came Douglas B. Nairn and Sheree R. Nairn who are personally known to me to be the same persons who executed this instrument in writing, and said persons fully acknowledged this instrument to be their intentional act and deed.

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

                                                                   ________________________________

                                                                   Notary Public

My commission expires: