EXHIBIT 10.6
LICENSE AGREEMENT
THIS LICENSE AGREEMENT ("License") made and entered into
effective as of the 8 day of February, 2007, by and between
XXXXXXXX X. XXXXXX, TRUSTEE OF THE XXXXXXXX X. XXXXXX REVOCABLE
TRUST, hereinafter referred to as "Licensor," and XXXXXX
ENTERPRISES, INC., herein referred to as the "Licensee."
RECITALS
WHEREAS, Licensor owns and controls certain real property
located west of Valley, Nebraska, on the Platte River; and
WHEREAS, Licensee desires to obtain, and Licensor desires to
grant, a non-exclusive, restrictive right for Licensee and its
invitees to xxxx and fish on said property owned by Licensor,
subject to the terms of this License; and
WHEREAS, the terms of this Agreement are intended to reflect
the agreement and understanding of the parties with respect to the
subject matter herein, as separated from the original Lease
Agreement between the parties, dated May 21, 2002.
NOW, THEREFORE, in consideration of the covenants and
agreements contained within this License, the parties hereto agree
as follows:
1. Non-exclusive License to Xxxx and Fish on Premises.
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Licensor hereby grants to Licensee a non-exclusive, restricted right
for the use of Licensee and its invitees to xxxx game birds and fish
for recreational purposes on the area owned by Licensor as described
on Exhibit "A" hereto (the "Land"). Licensor agrees to use its best
efforts to maintain a Controlled Shooting Area Permit on the Land
while this Agreement is in effect.
2. License Term. The term of this License shall be for a
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period of one (1) year, commencing on the effective date hereof. The
License and terms of this Agreement shall automatically renew for
additional one-year terms, provided that either party may terminate
such License Agreement upon written notice to the other party
provided not less than thirty (30) days prior to the end of the
current term hereof.
3. Consideration. In consideration of this License to xxxx
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and fish on the Land, Licensee hereby agrees to pay to Licensor:
1
a. an amount equal to all real property taxes and
special assessments levied against the Land during the term of
this Licensee; and
b. the cost of all fertilizer and seed used by
Licensor to maintain the hunting cover, milo crops, and any
other crops located on the Land.
4. Farming. During the term of this License, Licensor shall
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use its equipment to seed and maintain the hunting cover, milo
crops, and any other crops located on the Land. Farming shall be
conducted in such a manner as to maximize hunting cover for
pheasants and other game birds. The proceeds from any crops, if
any, shall be the property of Licensor.
5. Compliance With Laws. Licensee shall, and shall require
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all of its invitees to, comply with all hunting, fishing and other
applicable laws of the State of Nebraska and local governing bodies
at all times when utilizing the Land.
6. Indemnification. Licensee shall indemnify and hold
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harmless Licensor from and against loss, damage and expense
(including reasonable attorneys' fees and legal expenses) for bodily
injury (including death) to persons and damage to property
approximately caused by the negligent acts or omissions of Licensee
or its invitees, or Licensee's or its invitee's intentional wrongful
actions arising from Licensee's performance under this License,
except to the extent that any such loss or damage or expenses caused
by or arises from the negligence or intentionally wrongful acts or
omissions of Licensor or its invitees.
Licensor shall indemnify and hold harmless Licensee from and
against loss, damage and expense (including reasonable attorneys'
fees and legal expenses) for bodily injury (including death) to
persons and damage to property approximately caused by the negligent
acts or omissions of Licensor or its invitees, or Licensor's or its
invitee's intentional wrongful actions arising from Licensor's
performance under this License, except to the extent that any such
loss or damage or expenses caused by or arises from the negligence
or intentionally wrongful acts or omissions of Licensee or its
invitees.
7. Notices. Any notice or demand from Licensor to Licensee
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or Licensee to Licensor shall be in writing and shall be mailed by
prepaid United States registered or certified mail or personal
delivery addressed to Licensee and Licensor as follows or to such
other address as Licensee or Licensor shall have last designated by
notice in writing to the other party:
Licensor: Xxxxxxxx X. Xxxxxx, Trustee
of the Xxxxxxxx X. Xxxxxx Revocable Trust
00000 Xxxxxxxx Xxxx
X.X. Xxx 00000
Xxxxx, XX 00000-0000
2
Licensee: Xxxxxx Enterprises, Inc.
00000 Xxxxxxxx Xxxx
X.X. Xxx 00000
Xxxxx, XX 00000-0000
8. Amendment. This License can be amended only by a written
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document signed by authorized representatives of the Licensor and
Licensee.
9. Severability. If any provision of this License is found
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by a court of competent jurisdiction to be illegal, invalid or
unenforceable, such provision shall be struck from the License and
the remainder of this License shall not be affected.
10. Binding Effect. This License shall inure to the benefit
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of and will be binding upon the successors and permitted assigns of
the parties.
11. Entire Agreement. This License contains the entire
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agreement between the Licensor and Licensee with respect to this
subject matter. Except for those which are specifically set forth
in this License, no representations, warranties or agreements have
been made by Licensor or Licensee to one another with respect to
this License.
12. Governing Law. This License shall be governed and
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construed by and in accordance with the laws of the State of
Nebraska.
IN WITNESS WHEREOF, the parties hereto have executed this
License Agreement as of the day and year first above written.
LICENSOR:
XXXXXXXX X. XXXXXX, TRUSTEE OF
THE XXXXXXXX X. XXXXXX
REVOCABLE TRUST
/S/ xxxxxxxx X. Xxxxxx
______________________________________
Xxxxxxxx X. Xxxxxx, Trustee
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LICENSEE:
XXXXXX ENTERPRISES, INC.
By: /s/ Xxxxxx X. Xxxxxxxxx, Xx.
______________________________________
Xxxxxx X. Xxxxxxxxx, Xx.
Executive Vice President
DOCS/777241.4
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EXHIBIT A
FARM LAND
LEGAL DESCRIPTION - XXXXXX FARM
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The West 1/2 of the Southeast 1/4 of Section 22, Government
Lots 1, 2, and 3 in the Southwest 1/4 of Section 22, that part
of the North 1/2 of Section 22 lying South and West of the
Union Pacific Railroad right-of-way, Government Lot 2 and part
of Government Xxx 0 xx xxx Xxxx 0/0 xx Xxxxxx 00, that part of
the Southwest 1/4 of Section 15 lying South and West of the
Union Pacific Railroad right-of-way and part of Government Lots
5 and 6 in the Southeast 1/4 of Section 16, all in T 16 N, R 9
E, of the 6th P.M., Xxxxxxx County, Nebraska, together with
part of the Platte River lying East of the centerline of the
Platte River (the centerline of the Platte River hereafter
being the geographical centerline of the main channel of the
river as indicated on various maps and as established by
setting points midway between the high banks of the main
channel of the Platte River) and adjoining afore described,
Government Lots, all being more particularly described as
follows: Beginning at the Southeast corner of the Southwest 1/4
of said Section 22; thence S 88 degrees 07'08" W (an assumed
bearing) for 2213.26 feet along the South line of the Southwest
1/4 of said Section 22; thence S 78 degrees 43'34"W for 552.79
feet along a line perpendicular to said centerline of the
Platte River to said river centerline; thence N 11 degrees
16'26" W for 1088.56 feet along said river centerline; thence
continuing along said river centerline N 16 Degrees 36'11" W
for 1584.53 feet; thence N 22 degrees 34'25" W for 1044.48 feet
along said river centerline; thence continuing along said river
centerline N 23 degrees 26'48" W for 1060.70 feet; thence
continuing along said river centerline N 12degrees 50'12" W for
883.50 feet; thence N 77 degrees 09'48" E for 403.51 feet along
a line perpendicular to said centerline of the Platte River,
thence S 71 degrees 21'34" E for 498.94 feet; thence N 47
degrees 17'43" E for 402.23 feet; thence N 01 degrees 29'10" E
for 806.33 feet; thence N 73 degrees 12'54" W for 1189.07 feet;
thence S 64 degrees 21'46" W for 363.41 feet along a line
perpendicular to said centerline of the Platte River to said
centerline of the Platte River, thence N 25 degrees 38'14" W
for 1382.40 feet along said centerline of the Platte River;
thence N 64 degrees 21'46" E for 320.70 feet along a line
perpendicular to said centerline of the Platte River to the
North line of the Southeast 1/4 of said Section 16; thence N 87
degrees 54'29" E for 1305.97 feet along the North line of the
Southeast 1/4 of said Section 16 to the Westerly right-of way
line of the Union Pacific Railroad, said point being 835.10
feet West from the Northeast corner of the Southeast 1/4 of
said Section 16; thence S 37 degrees 44'25" E for 2958.81 feet
along said West right-of-way line; thence continuing
Southeasterly along said West right-of-way line and along an
11659.22 foot radius curve to the left (having a chord bearing
S 45 degrees 55'38" E and a chord distance of 3320.62 feet) for
an arc distance of 3331.94 feet; thence S 54 degrees 06'51" E
for 846.17 feet along said West right-of-way line to the North
line of the West 1/2 of the Southeast 1/4 of said Section 22;
thence N 88 degrees 12'21" E for 85.81 feet along the North
line of the West 1/2 of the Southeast 1/4 of said Section 22 to
the Northeast corner of the West 1/2 of the Southeast 1/4 of
said Section 22; thence S 01 degrees 44'32" E for 2645.64 feet
along the East line of the West 1/2 of the Southeast 1/4 of
said Section 22 to the Southeast corner of the West 1/2 of the
Southeast 1/4 of said Section 22; thence S 88 degrees 03'13" W
for 1323.00 feet along the South line of the West 1/2 of the
Southeast 1/4 of said Section 22 to the Point of Beginning,
Xxxxxxx County, Nebraska.
