ࡱ > ? A > %` bjbj :0 ̟ ̟ f % 8 $ f " : : : r r r $ h x n n : : 4 u u u X : : u u u u : l)S q X u 6 0 f u T u u \ r ^ u T L y r r r X r r r f LICENSE AGREEMENT (2009-2012) This LICENSE AGREEMENT is made by and between the City of Burlington, a municipal corporation organized and validly existing under the laws of the State of Vermont (hereinafter CITY) and KAS, Inc., a business having an office in Williston, Vermont (hereinafter KAS). WHEREAS, the CITY owns the public rights-of-way at the ten (10) locations along Center Street, College Street and So. Winooski Ave. as depicted on the attached Site Map w/Proposed Monitoring Well Locations; and WHEREAS, KAS wishes to construct ground water monitoring wells in a portion of the rights-of-way described above and depicted on said Site Map; and WHEREAS, the CITY approves and supports the construction and maintenance of such monitoring wells to promote the health and welfare of its residents; and WHEREAS, the placement of the monitoring wells has been reviewed and approved by the Department of Public Works; and WHEREAS, such use of a public thoroughfare for periods in excess of 30 days requires approval of the City Council under Charter Sec. 48XLIX and Code of Ordinances, Chap. 27, Sec. 27-32. W I T N E S S E T H: The CITY and KAS enter into the following License Agreement: 1. The CITY grants to KAS a three year license to install and use ten (10) ground water monitoring wells on a portion of the public rights-of-way described above. Such license shall begin from the date of execution of this document and shall expire on October 31, 2012 and shall only be renewed upon the annual filing of an Encumbrance Application and submission of an effective certificate of insurance. 2. Plans and construction of the monitoring wells described above by KAS shall be subject to approval by the Department of Public Works and, if so approved, shall be constructed according to the attached plan and with the following conditions: A. The monitoring wells will be maintained by KAS. B. Any damage to the monitoring wells is solely the responsibility of KAS. C. KAS will be responsible for the clearing of access points to the monitoring wells after plowing of roads & sidewalks. D. Snow being removed from the monitoring wells shall be removed, and not placed or blown into the City's right-of-way. E. Any ice or snow buildup around the monitoring wells will be KAS' responsibility to remove and control. 3. This License is immediately revocable should KAS discontinue use of any of the monitoring wells. Upon such revocation, KAS must notify the City immediately and remove at its own expense any materials or obstructions placed in the public rights-of-way as requested by the CITY. If KAS refuses to promptly remove such obstructions, the CITY may remove the materials and KAS shall be liable for all expenses of such removal. 4. This License is revocable by the CITY within 90 days upon sending written notice to KAS, should the CITY need use of the land upon which the monitoring wells are installed. Upon such revocation, the CITY shall be liable for all costs associated with the removal of the monitoring wells. 5. KAS shall be responsible for the maintenance and upkeep of the monitoring wells. Should KAS fail to maintain any of the monitoring wells, this License is revocable on notice by the CITY to KAS of a violation of this section; in the event of such notice, KAS shall have 15 days to cure any problem if it notifies the CITY in writing within three (3) days of its intent to cure the violation. 6. KAS agrees to carry comprehensive general public liability insurance with responsible insurance underwriters, qualified to transact business in the State of Vermont, naming the CITY as an additional insured and insuring against all legal liability for injuries to persons (including wrongful death) and damages to property suffered on or about any of the monitoring wells, the affected public right-of-way or as a result of the exercise of rights granted pursuant to this Agreement in an amount not less than $2,000,000.00. KAS shall furnish the CITY with a certificate of such insurance upon execution of this Agreement. Such proof of insurance shall be attached to this Agreement as Exhibit A and shall provide that the CITY is an additional insured under said policy and that said policy cannot be canceled or materially modified except upon thirty (30) days' advance written notice to the CITY. 7. KAS shall ensure that the certificate of insurance on file with CITY is always in effect and shall furnish CITY with a new certificate upon expiration of the old certificate. 8. KAS agrees to indemnify and hold the CITY harmless and/or free from liability arising out of KAS use of the CITYs right-of-way, and KAS agrees to make no claim against the CITY or any of its officers, employees, agents or representatives for any loss or damage caused by the CITYs use or maintenance of its right-of-way. 9. KAS shall be responsible for obtaining all necessary City permits, including zoning and building permits, prior to construction of the ground water monitoring wells. 10. This License Agreement shall not be assignable by KAS without the written consent of the CITY. DATED at Burlington, Vermont this ______day of ______________________, 2009. CITY OF BURLINGTON ________________________ By:___________________________________ Witness Bob Kiss, Mayor Duly Authorized KAS, INC. _________________________ By: __________________________________ Witness , Duly Authorized Agent lb/c: NAF 2009/License Agree for Encumbrance KAS, Inc. for Ground Water Monitoring Wells at 10 Locations 10/22/09 PAGE PAGE 4 % ( > c o | " # A Z [ b s - R b v x ʿգջ՛ʔʔՐգՌƌՅ h`# h`# h(/ h@t> h(/ hB+ h h h`# h) @B*ph h) @B*ph h{X h(/ h{X h- h(/ hcy h~]" hcy h