JCM Investments Deerfield Sign_ -
Blair, Nebraska, a Municipal Corporation, hereinafter referred to as "Grantor ", and JCM
Investments, Inc., a Nebraska Corporation, �.ereinafter referred to as "Grantee ".
IN CONSIDERATION as set forth herein and other mutual covenants contained
herein, the Grantor does hereby grant to the Grantee an easement over and across a portion of the
Grantor's right of way, more particularly described as follows:
The median on Deerfield Boulevard Street in Deerfield Addition in
the area of the intersection of Deerfield Bo Dlevard Sti. -eet and
Highway 75.
This easement is granted for the purpose of the construction, placement, and
maintenance of an entrance marker which shall be constructed according to the drawing attached
hereto, marked Exhibit "A" and by this reference made a part hereof.
No modifications of such design, either at the time of construction or subsequent
thereto, shall be made without specific authorization in writing from the Grantor consenting to such
modifications.
This easement shall continue for five years from the date hereof (the "Initial Easement
Period ") and thereafter until such time as the Grantor desires to terminate same. Such termination
shall be with cause during the Initial Easement Period and thereafter shall be in the sole and
absolute discretion of the Grantor. The Grantor shall give notice in writing of such termination not
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less than sixty (60) days prior to such termination which such notice may be given to the Grantee
by regular United States mail, postage prepaid. During the Initial Easement Period the Grantee shall
have the right to cure the default set forth in such notice within such sixty day period. In the event
of the termination of this easement during the Initial Easement Period, upon the request of the
Grantor, the Grantee shall remove such entrance marker. It is specifically understood and agreed that
the Grantor shall not be liable to the Grantee for any damages whatsoever upon termination of this
easement.
The Grantee shall at its expense provide and maintain with respect to this easement
and the entrance marker described herein comprehensive general public liability insurance insuring
the Grantee as the named insured, and the Grantor as an additional insured, providing coverage of
not less than $1,000,000 for injuries to persons or damage to property resulting from the granting
of this easement, and the construction, maintenance, repair and existence of the entrance marker.
The Grantee shall provide the Grantor with current policies of such liability insurance which policies
shall show the Grantor as an additional insured and include an endorsement that the insurance
company cannot amend or cancel such insurance policy without providing twenty (20) days prior
written notice to the Grantor. The Grantee agrees to keep such insurance policies in effect at all
times during the initial Easement Period. The Grantee agrees to indemnify` the Grantor for any
losses or damages incurred by the Grantor as a result of the Grantee's failure to obtain and maintain
such insurance pursuant to this paragraph.
Grantee shall be responsible for and shall pay any expenses related to the maintenance
and upkeep of the entrance maker during the Initial Easement Period or until Grantee assigns it's
interest in the entrance marker hereunder, whichever first occurs, and the parties specifically agree
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and understand that Grantor shall have no duty or responsibility in the maintenance or upkeep of
the entrance marker. Should the Grantee or its assigns fail to maintain the entrance marker as
required herein, Grantor shall have the right to terminate this easement and remove the entrance
marker subject to the notice and cure provisions set forth herein.
This easement may not be assigned by the Grantee, without the prior written consent
of Grantor, and the rights under this easement shall not run with the land, however, the Grantee shall
have the right to assign its interest in the entrance marker to a homeowners association one of whose
purposes includes the maintenance and repair of the entrance marker.
This easement shall be binding upon and inure to the benefit of the parties hereto,
their assigns and successors.
CITY OF BLAIR, NEB RASKA
MICHAEL A. MINES, MAYOR
JCM INVESTMENTS, INC., a Nebraska
Corporation
By:
SUBSCRIBED AND SWORN to before me this 14th day of January ,
1999 by Michael A. Mines, Mayor of the City of Blair, Nebraska.
GENERAL NOTARY . 'Mte of 111 aska
BRENDA �• �°���`�� Notary Public
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SUBSCRIBED AND SWORN to before me this /+'k day o f
1998 by the president of JCM Investment',' Inc. a 'Nebraska
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Corporati6n.)
Notary I
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