A. A person authorized to use and occupy City property pursuant to this Chapter shall be referred to herein as a "Licensee."
B. The physical area subject to a Revocable License issued pursuant to this Chapter shall be referred to herein as the "Licensed Area."
C. The City may, in its discretion, require the Licensee to execute a Revocable License Agreement in conjunction with the Revocable License. The Revocable License may be included in the body of the Revocable License Agreement. The Revocable License Agreement may set forth additional terms and conditions for the temporary use and occupancy of property not inconsistent with the requirements of this Chapter, to include providing for shared access by third-parties. A Revocable License Agreement may require the Licensee to obtain insurance coverage against liability for injuries or property damage on the Licensed Area in amounts determined by the City, naming the City as an additional insured.
D. The City shall record the Revocable License and, if applicable, the Revocable License Agreement with the County Recorder within fourteen (14) days of approval by the City Council or its designee.
E. Maintenance of the Licensed Area shall be the responsibility of the Licensee. Failure of the Licensee to adequately maintain the Licensed Area may result in suspension or revocation of the Revocable License. In the event the Revocable License is revoked, the Licensee shall restore the Licensed Area to its previous condition as soon thereafter as reasonably practicable, except as otherwise provided in this Chapter or in a Revocable License Agreement.
F. Landscaping installed by the Licensee shall not be removed from the Licensed Area without the issuance of an amended Revocable License approved by the City Council or its designee. Unless otherwise ordered by the City Council, all landscaping in the Licensee Area remaining after termination of a Revocable License shall be the property of the City.
G. The Licensee shall not place buildings or accessory structures within the Licensed Area.
H. The City and its contractors shall have unrestricted access to the Licensed Area at all times. The City and its contractors may use and occupy the Licensed Area so long as such use does not unreasonably interfere with Licensee's use and occupancy of the Licensed Area pursuant to the Revocable License.
I. Revocable Licenses and, if applicable, Revocable License Agreements, may be assigned by Licensees to third-parties subject to the prior approval of the City Council or its designee; provided, in the event of an approved assignment, the assignee shall assume all terms and conditions of the Revocable License or Revocable License Agreement, together with any additional terms and conditions required by the City Council or its designee.
J. The Licensee shall be responsible for all injuries to persons or damage to property arising out of or in an any manner pertaining to Licensee's temporary use and occupancy of the Licensed Area, to the extent Licensed under the laws of the State of Nevada. The foregoing includes, without limitation, damage to City-owned property within the Licensed Area.
K. The City Council may revoke a Revocable License upon a finding that the Licensee has violated a term or condition of the Revocable License or associated Revocable License Agreement, or that the Licensed Area is needed for a public purpose. The foregoing is in addition to any right of revocation set forth in a Revocable License Agreement. (Ord. 881, 3-28-2023)