ORDINANCE NO. 38-2025 GRANTING TO CONSTRUCT, INSTALL, AND MAINTAIN AN ALUMINUM FENCE AND BRICK FENCE COLUMNS ON A PORTION OF THE RIGHT-OF-WAY OF ATLANTA HIGHWAY Be it ordained by the Council of the City of Montgomery, Alabama: 1. That a license containing the hereinafter prescribed terms and conditions be, and the same hereby is, granted unto FAULKNER UNIVERSITY and its successors and assigns in the ownership of the parcel hereinafter described to allow construction, installation, maintenance, and use of the following: Aluminum ornamental fencing and brick fence columns over and on a portion of the right-of-way of Atlanta Highway owned by the City of Montgomery and described as follows: STATE OF ALABAMA COUNTY OF MONTGOMERY PARCEL “B” Commence at a found iron pin located on the North Right-of-Way (200’) of Atlanta Highway and said point is known as the Southwest Corner of Lot “B-1”, map of a replat of Alabama Christian College Plat Map No. 1, Plat Book 23, Page 234, in the office of the Judge of Probate, Montgomery County, Alabama; thence along said North Right-of-Way (200’) of Atlanta Highway N 89°13’02” E 396.27’ to the POINT OF BEGINNING for the herein described parcel of land; thence continuing along said Right-of-Way (200’) N 89°13’02” E 208.21’ to a point; thence leaving said North Right-of-Way (200’) of Atlanta Highway S 00°46’58” E 5.00’ to a point; thence S 89°13’02” W 208.21’ to a point; thence N 00°46’58” W 5.00’ to the point of beginning. Containing (1,041 SF), more or less, and lying in and being a part of the North 1/2 of Section 12, T-16-N, R-18-E, Montgomery County, Alabama. 2. By accepting this permit, the aforesaid FAULKNER UNIVERSITY and its successors and assigns (hereinafter collectively referred to as “Licensee”) in interest in the above described parcel, do assume and agree to be bound by the several duties and obligations imposed upon them by the following terms and conditions of this License, namely: a. The City authorizes and permits the Licensee to construct, operate and maintain aluminum fencing and fence columns within the right-of-way previously described in accordance with, and subject to the terms of this License. b. Upon allowing construction of said fencing, no liability will attach to the City of Montgomery from its existence, use or maintenance, and the Licensee has agreed to indemnify and hold harmless the City of Montgomery from any and all liability arising from the construction, maintenance or use of said sign. c. The above described fencing will be allowed to remain upon the written approval by the City Building Inspector and the City Engineer. d. No other construction of any type will be built under the terms of this License. e. The City of Montgomery shall have authority to enter upon said right-of-way for the maintenance and repair of its facilities located therein. f. Licensee is to remove said fencing any time upon 30 days written notice from the City and agrees to remove said sign at no expense to the City should notice be given, and in the absence of the Licensee’s compliance with such request to remove said fencing, the City is hereby authorized to remove said sign at the expense of the Licensee. g. Should the City determine that it is necessary to enlarge or reconstruct or improve the street or any facility located in said rights-of-way, the City shall be held harmless should such enlargement, reconstruction, or improvement damage or injure any physical property, including the fencing. h. This License shall expire at the end of thirty (30) years. 3. That the Mayor and the City Clerk be, and are hereby authorized and directed to execute and attest, respectively, for and on behalf of the City of Montgomery, Alabama the “License Agreement” containing the above terms. ADOPTED this the 5th day of August, 2025. /S/  STEVEN L. REED, MAYOR ATTEST: /S/ BRENDA GALE BLALOCK, CITY CLERK 8/26, 8/31, 9/8, 2025 #11605661