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F*� This Space Reserved for Register of Deeds D �. rriN i'12 rn .rj ca � rn rP1 m Cr) Cr) v Please retum to: Catrina DeLosh Public Works Department PO Box 1968 Grand Island, NE 68802 LICENSE AGREEMENT AMENDMENT NO. 1 This License Agreement is made by and between the CITY OF GRAND ISLAND, NEBRASKA, a municipal Corporation, herein referred to as the "Licensor" and SPIRIT IN THE SKY, LLC, a Nebraska limited liability company, hereinafter referred to as the "Licensee". 1. STATEMENT OF PURPOSE. The purpose of this License 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 City property: To install 10' width X 62' length X 11'8" height steel patio garden with iron railings, LED electrical lighting with heating, 500 gallon 2520 grease trap interceptor for Restaurant Kitchen, MFG. by Rockford Separators or equal, with tank to be located under sidewalk and have secured cover and manhole cover; all to comply with the American with Disabilities Act and Adopted Building and Fire codes in the public right-of-way at the property addressed as 520 West 3rd Street, per the attached Exhibit "A". Any entrance/exit gate shall be placed so as to not interfere with pedestrians using the sidewalk. If the existing tree(s) and grate(s) are to remain in place Licensee must maintain 6' between such items, as well as any other obstruction, such as post(s), flange plate(s), step(s) or ramp(s). An 8' vertical clearance above the walkway must also be maintained. If at any time the City of Grand Island deems such clearance isn't being maintained modifications shall be made to allow for the minimum clearance at the sole expense of the Licensee. 2. DESCRIPTION OF LICENSEE'S REAL ESTATE. The Licensee owns the following described real estate adjacent to the Licensor's real estate to which this License Agreement shall apply: LOT FIVE (5), BLOCK FIFTY-NINE (59), IN ORIGINAL TOWN, NOW CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA. 3. LICENSEE'S 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, employee, agents and independent contractors for any damage or injury that may 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 the Licensor during the course of their employment or duties with the Licensor, the Licensee agrees to assume and pay all costs relating to the replacement or repair of the improvement. Licensee indemnifies and holds the City harmless from and against all claims arising out of the use or occupancy allowed under this agreement. ENTERED AS INSTRUMENT NO