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2013001 <br />2830 Independence Ave — License Agreement (pg. 2/4) <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 the <br />surface of the public right -of -way or neighboring property, the Licensee shall restore the <br />surface of the area to the same condition as it existed immediately prior to the <br />Licensee's work in the area. <br />5. EFFECTIVE DATE. This License Agreement shall take effect on the date <br />it is executed by the Mayor of the City of Grand Island as dated below. It shall continue <br />for an indefinite term or until such time as it is terminated as provided 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 the <br />removal of any improvements infringing upon the City's property, right -of -way, or <br />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 />(c) The Licensee's construction or installation of any structure or improvement <br />of any nature upon the easement owned by the Licensor beyond that described in <br />Paragraph 1 above. <br />(d) The City may revoke this agreement for cause. <br />Upon the termination of this License Agreement, the Licensee shall be required, <br />and hereby agrees, to remove said improvement from the Licensor's easement at its <br />own expense and without cost to the Licensor. Said removal to occur no later than sixty <br />(60) days after receipt of the notice of intention to terminate or any of the occurrences <br />set forth in Paragraph 6 above. Should the Licensee fail to do so, the Licensor may <br />remove or cause the removal of said improvement from the Licensor's easement and <br />the Licensee agrees to reimburse the Licensor for all its costs. <br />7. SUCCESSORS AND ASSIGNS. This agreement shall be binding upon <br />the parties hereto, their successors and assigns. <br />8. ENTIRE AGREEMENT. This License Agreement constitutes the entire <br />agreement between the parties notwithstanding any other oral or written agreements to <br />the contrary. This License Agreement shall be amended only in writing executed by all <br />parties hereto. <br />2 <br />