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201207190
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Last modified
9/10/2012 2:54:45 PM
Creation date
8/29/2012 9:06:25 AM
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DEEDS
Inst Number
201207190
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20�20�190 <br />313 W 3`� St — License Agreement <br />4. PROTECTION OF EXISTING UTILITIES. The Licensee is responsible for <br />locating and coordinating original construction and future maintenance work on the described <br />improvement. No excavation work will be permitted in the area of underground utility <br />facilities until all such facilities have been located and identified to the satisfaction of all <br />parties. The excavation must be done with care in order to avoid any possibility of damage <br />to the utility facility. The Licensee shall be responsible for any and all damages. <br />5. RESTORATION OF PROPERTY. If the construction or maintenance of the <br />improvement identified in Paragraph 1 above requires the excavation of earth, removal of <br />hard surtacing, grass, vegetation, landscaping, or any other disruption of the surtace of the <br />public right-of-way or neighboring property, the Licensee shall restore the surtace of the area <br />to the same condition as it existed immediately prior to the Licensee's work in the area. <br />6. EFFECTIVE DATE. This License Agreement shall take effect on the date it is <br />executed by the Mayor of the City of Grand Island as dated below. It shall continue for an <br />indefinite term or until such time as it is terminated as provided hereafter. <br />7. TERMINATION. This License Agreement shall terminate upon one or more of <br />the following occurrences: <br />(a) The service of written notice of intention to terminate by licensee and the <br />removal of any improvements infringing upon the City's property or right-of-way. <br />(b) The Licensee's application for a permit to alter said improvement or any part <br />thereof, unless said permit is for work due to an occurrence as described in <br />Paragraph 3 above and said work has the prior written approval of the Licensor. <br />(c) The Licensee's construction or installation of any structure or improvement of <br />any nature upon the real estate owned by the Licensor except that described in <br />Paragraph 1 above. <br />(d) The City may revoke this agreement at any time. <br />Upon the termination of this License Agreement, the Licensee shall be required, and <br />hereby agrees, to remove said improvement from the Licensor's real estate at its own <br />expense and without cost to the Licensor. Said removal to occur no later than sixty (60) days <br />after receipt of the notice of intention to terminate or any of the occurrences set forth in <br />Paragraph 7 above. Should the Licensee fail to do so, the Licensor may remove or cause <br />the removal of said improvement from the Licensor's real estate and the Licensee agrees to <br />reimburse the Licensor for all its costs. <br />8. SUCCESSORS AND ASSIGNS. This agreement shall be binding upon the <br />parties hereto, their successors and assigns. <br />9. ENTIRE AGREEMENT. This License Agreement constitutes the entire <br />agreement between the parties notwithstanding any other oral or written agreements to the <br />contrary. This License Agreement shall be amended only in writing executed by all parties <br />hereto. <br />10. CHOICE OF LAWS. This License Agreement shall be construed in <br />accordance with the laws of the State of Nebraska and the City of Grand Island, Nebraska. <br />
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