LICENSE AGREEMENT This License Agreement (“Agreement”) is made by and between the City of Gering, Nebraska, a Municipal Corporation, hereinafter referred to as “Licensor”, and , hereinafter referred to as “Licensee”. 1. Purpose. The purpose of this Agreement is to set forth the terms and conditions under which the Licensee may construct, maintain, repair, and utilize the following described improvement which will infringe upon real estate owned by the Licensor: To install a sidewalk café enclosed with a three-foot tall wrought iron railing system. Licensee must maintain five feet of access for pedestrian walkway from any obstruction, such as posts, tree grades, or flange plates. An 8' vertical clearance above the walkway must be maintained. This Agreement shall pertain to only the area in front of the property at . 2. Description of Real Estate. The Licensee owns the following described real estate adjacent to Licensor’s real estate to which this Agreement shall apply: 3. Duties and Risks. It is understood and agreed that the Licensee may construct, maintain, repair, and utilize the above-described improvement at the Licensee’s sole risk. The Licensee hereby waives any claim for damages against the Licensor, its officers, employees, agents, and independent contractors, for any damage or injury that might result to said improvement. If the Licensor, in its sole discretion, determines that any part or all of the improvement must be removed or is damaged by the Licensor, its employees, agents or independent contractors working for Licensor during the course of their employment or duties with the Licensor, Licensee agrees to assume and pay all costs relating to the replacement or repair of the improvement. The Licensee indemnifies and holds the City harmless from and against all claims arising out of the use or occupancy allowed under this Agreement. |
4. Existing Utilities. The Licensee is responsible for locating and coordinating original construction and future maintenance work on the described improvement. No excavation work will be permitted in the area of underground utility facilities until all such facilities have been located and identified to the satisfaction of all parties. The excavation must be done with care in order to avoid any possibility of damage to the utility facility. The Licensee shall be responsible for any and all damage. 5. Restoration of Property. If the construction or maintenance of the improvement identified in paragraph 1 above requires the excavation of earth, removal of hard surfacing, grass, vegetation, landscaping, or any other disruption of the service of the public right-of-way or neighboring property, the Licensee shall restore the surface of the area to the same condition as it existed immediately prior to the Licensee’s work in the area. 6. Effective. This License Agreement shall take effect on the date it is executed by the Mayor of the City of Gering as dated below. It shall continue for an indefinite term or until such time as it is terminated as provided hereinafter. 7. Termination. This Agreement shall terminate upon one or more of the following occurrences: (a) The service of written notice of intention to terminate by Licensee and the removal of any improvements infringing upon the City’s lands or right-of-way. (b) The Licensee’s application for a permit to occupy right-of-way, has expired. (c) The Licensee’s construction or installation of any structure and improvement of any nature upon the real estate owned by the Licensor except that described in paragraph 1 above, or the Licensee’s failure to apply for and obtain a permit to alter or make improvement to its property. (d) The City may revoke this Agreement at any time. (e) Upon the termination of this Agreement, the Licensee shall be required, and hereby agrees, to remove any improvements or fixtures from the Licensor’s real estate at its own expense and without cost to the Licensor. Said removal shall occur no later than thirty (30) days after receipt of the notice of intention to terminate or of any occurrences set forth in this paragraph. Should the Licensee fail to do so, the Licensor may remove or cause the removal of any improvements or fixtures from the Licensor’s real estate and the Licensee agrees to reimburse the Licensor for all of its costs. 8. Assigns. This Agreement shall be binding upon the parties hereto, their successors and assigns. 9. Entire Agreement. This Agreement constitutes the entire agreement between the parties notwithstanding any oral or written agreements to the contrary. This License Agreement shall be amended only in writing and executed by all parties. 10. Law. This Agreement shall be construed in accordance with the laws of the State of Nebraska and the City of Gering, Nebraska. |
(Ord. 2124, passed - -2023)