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Please retum to: Catrina DeLosh Public Works Department PO Box 1968 Grand Island, NE 68802 Z p This Space Reserved for Register of Deeds LICENSE AGREEMENT Lot Two (2), Westwood Park Tenth Subdivision. 1 r— r 1-1 -H ▪ - ;n ' .17D CID U; C) oo This License Agreement is made by and between the CITY OF GRAND ISLAND, NEBRASKA, a municipal Corporation, herein referred to as the "Licensor" and T.C. ENCK BUILDERS, INC., Nebraska Corporation, hereinafter referred to as the "Licensee ". 1. STATEMENT OF PURPOSE. The purpose of this License Agreement is to set forth the terms and conditions, under which the Licensee may construct, maintain, repair, and utilize the following described improvement which will infringe upon the Licensor: Installation, maintenance, and repair of a drainage pipe for water furnace discharge at 4133 Fleetwood Road (Lot Two (2), Westwood Park Tenth Subdivision). Discharge pipe will cross the northeast corner of the public right -of -way in front of 4137 Fleetwood Road (Lot Three (3) of Westwood Park Tenth Subdivision) and tie into the public storm sewer in Fleetwood Road. See attached sketch. 2. DESCRIPTION OF LICENSEE'S REAL ESTATE. The Licensee owns the following described real estate adjacent to the Licensor's real estate to which this License Agreement shall apply: 3. LICENSEE'S DUTIES AND RISKS. It is understood and agreed that the Licensee may construct, maintain, repair and utilize the above described improvement at the Licensee's sole risk. The Licensee hereby waives any claim for damages against the Licensor, its officers, employee, agents and independent contractors for any damage or injury that may result to said improvement. If the Licensor, in its sole discretion, determines that any part or all of the improvement must be removed or is damaged by the Licensor, its employees, agents or independent contractors working for the Licensor during the course of their employment or duties with the Licensor, the Licensee agrees to assume and pay all costs relating to the replacement or repair of the improvement. Licensee indemnifies and holds the City harmless from and against all claims arising out of the use or occupancy allowed under this agreement. The City of Grand Island does not locate private lines, thus the installation of such drainage pipe is at the Licensee's sole risk. 4. RESTORATION OF PROPERTY. If the construction or maintenance of the improvement identified in Paragraph 1 above requires the excavation of earth, removal of hard surfacing, grass, vegetation, landscaping, or any other disruption of the surface of the public right -of -way or neighboring —4 c