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20130665 <br />Grantee agrees to assume and pay call costs for the sprinkler improvements which will be impacted <br />by the Project. Grantee shall hire a licensed and bonded contractor to reconstruct the sprinkler <br />system or reimburse Grantor for damages up to the amount of damages as determined by Grantee's <br />contractor, resulting from these improvement projects. <br />8. Grantee shall protect the existing irrigation well identified in Exhibit B on Sheet R -2 located within <br />the Temporary Easement Area. <br />Grantee agrees to assume and pay call costs for any damages that may occur to the existing <br />irrigation well as a result of the Project. Grantee shall hire a licensed and bonded contractor to <br />repair or reconstruct the irrigation well system or reimburse Grantor for damages up to the amount <br />of damages shown to have been a result of the Project and as determined by Grantee's contractor, <br />resulting from these improvement projects. <br />9. Grantee Parties, under contract with Grantee, shall relocate the existing Fiber Optic Box to an <br />identified location in Exhibit E in the Permanent Easement Area. Grantee Parties shall maintain <br />communication services to Grantor at all times during this relocation. <br />10. Grantee shall have the right at any time to cut, trim or remove and properly dispose of such trees <br />and shrubs as may in any way endanger or interfere with the safe operation of the Project's lines, <br />underground facilities and equipment used in connection therewith. Such removal shall be replaced <br />at the completion of the Project, as follows: trees and shrubs shall be replaced on a minimum 1:2 <br />ratio, in accordance with Exhibit G, Conceptual Landscaping Plan. Impacted grass areas shall be <br />reseeded or sodded upon completion of construction by Grantee, such method shall be determined <br />by growing season and to ensure successful growth. Any landscaping damaged by equipment, <br />contractors, or subcontractors of Grantee and /or Grantee Parties, shall be removed in its entirety <br />and replaced, including trees and shrubs at a minimum ratio of 1:2, in accordance with Exhibit G, <br />Conceptual Landscaping Plan. The tree windbreak identified to be removed on Exhibit B, Right of <br />Way Plan (Sheet R -2 to R -6), shall be replaced in accordance with Exhibit F. <br />Grantee agrees to assume and pay all costs for replacement trees and shrubs which will be impacted <br />by the Project. The approximate cost of such replacements is $120,000. Grantor will hire a licensed <br />and bonded contractor and administer the replacement of such trees and shrubs in accordance with <br />Exhibit G. Grantor will grant Grantee the right of entry to plant the tree windbreak in accordance <br />with Exhibit F and install a weed barrier. Drip irrigation lines will be installed for the tree windbreak <br />by Grantee and Grantor will be responsible for supplying water including piping to these drip lines. <br />Maintenance of the trees after the installation shall be the responsibility of the Grantor. <br />11. All maintenance of green space areas in Permanent Easement Area and Right of Way Area shall be <br />the responsibility of Grantor according to Grantee's City Code. This includes the area along the <br />concrete hike /bike trail. Grantee shall be responsible for snow removal on the concrete hike /bike <br />trail. Grantor shall be responsible for snow removal on sidewalks according to Grantee's City Code. <br />12. Grantee shall connect Grantor's existing sanitary sewer service to North Inceptor Sanitary Sewer <br />main and remove or properly cap the Grantor's existing lift station. <br />VBEL AS /SBD — GIVH — City of Grand Island — Right of Way, Temporary and Permanent Easement Agreement Page 9 of 12 <br />NIS Land #25Z200045L Neb. Rev. Stat. §72 -818 <br />