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201109522
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201109522
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Last modified
1/5/2012 9:48:43 AM
Creation date
12/20/2011 8:53:26 AM
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DEEDS
Inst Number
201109522
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�� <br />��� <br />— <br />�� <br />0 - <br />� �� <br />0 <br />N <br />N �� <br />�� <br />�� <br />�� <br />�� <br />�� <br />�� <br />��vn�-orzi <br />������ <br />ao o,c, � <br />��no�g <br />p.�a�':r <br />� � � �. <br />� � b � <br />°O a <br />N � <br />� � <br />� <br />� <br />� <br />a <br />� � � <br />� T. <br />r.a <br />� c� v� <br />_ ,..~� O —1 <br />� • C D <br />� l7 Z --� <br />� . -� � rn <br />c� � � '� o <br />o • �„� p -t1 <br />� 'p,, (� T � Z <br />�° Z tTl <br />c� jy z <br />cn � "d ,,_ � <br />� rn 3 r � <br />� ��: <br />(re ,� � s ;,� <br />� � � L v r�� <br />r� � N <br />m pp v� <br />a cn <br />� <br />I - <br />� <br />� <br />� <br />CC <br />� <br />� <br />This Space Reserved for Register of Deeds <br />LICENSE AGREEMENT <br />o �U ��D <br />This License Agreement is made by and between the CITY OF GRAND ISLAND, NEBRASKA, <br />a municipal Corporation, herein referred to as the "Licenso�' and WINDSTREAM <br />COMMUNICATIONS, A CORPORATION, hereinafter referred to as the "Licensee°. <br />1. STATEMENT OF PURPOSE. The purpose of this License Agreement is to set forth <br />the terms and conditions under which the Licensee may construct, maintain, repair, and utilize the <br />following described improvement which will infringe upon the Licensor's public right of way: <br />To occupy City of Grand Island, Wildwood Drive, right-of-way for placing Windstream <br />Fiber Optic Cable to serve Lot Ten (10), Platte Valley Industrial Park Third Subdivision <br />to the City of Grand Island, Hall County, Nebraska. <br />2. DESCRIPTION OF LICENSEE'S REAL ESTATE. The Licensee owns the following <br />described real estate subject to the Licensor's easement to which this License Agreement shall apply: <br />Lot Ten (10), Platte Valley Industrial Park Third Subdivision, City of Grand Island, Hall <br />County, Nebraska. <br />3. LICENSEE'S DUTIES AND RISKS. It is understood and agreed that the Licensee may <br />construct, maintain, repair and utilize the above described improvement at the Licensee's sole risk. <br />The Licensee hereby waives any claim for damages against the Licensor, its officers, employee, <br />agents and independent contractors for any damage or injury that may result to said improvement. If <br />the Licensor, in its sole discretion, determines that any part or all of the improvement must be <br />removed or is damaged by the Licensor, its employees, agents or independent contractors working for <br />the Licensor during the course of their employment or duties with the Licensor, the Licensee agrees to <br />assume and pay all costs relating to the replacement or repair of the improvement. Licensee <br />indemnifies and holds the City harmless from and against all claims arising out of the use or <br />occupancy allowed under this agreement. Both sanitary sewer and water utilities cross <br />Wildwood Drive at Juergen Road. It is necessary to locate such utilities prior to the <br />commencement of work. <br />4. RESTORATION OF PROPERTY. If the construction or maintenance of the <br />improvement identified in Paragraph 1 above requires the excavation of earth, removal of hard <br />surtacing, grass, vegetation, landscaping, or any other disruption of the surface of the public right-of- <br />way or neighboring property, the Licensee shall restore the surFace of the area to the same condition <br />as it existed immediately prior to the Licensee's work in the area. <br />
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