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201210243 <br />2120 S Blaine St — License Agreement (pg. 2/4) <br />Northeast corner of the Northwest Quarter of the Northeast Quarter (NW 1 /4, NE 1 /4); <br />thence running westerly and parallel to the north line of the Northwest Quarter of the <br />Northeast Quarter (NW 1/4, NE '/), a distance of One Hundred Fifty (150.0) feet; <br />thence northerly and parallel to the east boundary of such section a distance of <br />ninety (90.0) feet; thence easterly and parallel to the north boundary of such section <br />a distance of One Hundred Fifty (150.0) feet; thence southerly and parallel to the <br />east line of such section a distance of Ninety (90.0) feet, to the point of beginning. <br />3. LICENSEE'S DUTIES AND RISKS. It is understood and agreed that <br />the Licensee may construct, maintain, repair and utilize the above described <br />improvement at the Licensee's sole risk. The Licensee hereby waives any claim for <br />damages against the Licensor, its officers, employee, agents and independent <br />contractors for any damage or injury that may result to said improvement. If the <br />Licensor, in its sole discretion, determines that any part or all of the improvement <br />must be removed or is damaged by the Licensor, its employees, agents or <br />independent contractors working for the Licensor during the course of their <br />employment or duties with the Licensor, the Licensee agrees to assume and pay all <br />costs relating to the replacement or repair of the improvement. Licensee indemnifies <br />and holds the City harmless from and against all claims arising out of the use or <br />occupancy allowed under this agreement. <br />4. RESTORATION OF PROPERTY. If the construction or maintenance of <br />the improvement identified in Paragraph 1 above requires the excavation of earth, <br />removal of hard surfacing, grass, vegetation, landscaping, or any other disruption of <br />the surface of the public right -of -way or neighboring property, the Licensee shall <br />restore the surface of the area to the same condition as it existed immediately prior to <br />the Licensee's work in the area. <br />5. EFFECTIVE DATE. This License Agreement shall take effect on the <br />date it is executed by the Mayor of the City of Grand Island as dated below. It shall <br />continue for an indefinite term or until such time as it is terminated as provided <br />hereafter. <br />6. TERMINATION. This License Agreement shall terminate upon one or <br />more of the following occurrences: <br />(a) The service of written notice of intention to terminate by licensee and <br />the removal of any improvements infringing upon the City's property, right -of -way, <br />or easement. <br />(b) The Licensee's application for a permit to alter said improvement or any <br />part 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 />2 <br />