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party. <br />201307638 <br />1208 N North Rd — LA Cont. <br />2/4 <br />3. LICENSEE'S DUTIES AND RISKS. It is understood and agreed that the Licensee may <br />construct, maintain, repair and utilize the above described improvement at the Licensee's sole risk. The <br />Licensee hereby waives any claim for damages against the Licensor, its officers, employee, agents and <br />independent contractors for any damage or injury that may result to said improvement. If the Licensor, in its <br />sole discretion, determines that any part or all of the improvement must be removed or is damaged by the <br />Licensor, its employees, agents or 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 costs relating to the <br />replacement or repair of the improvement. Licensee indemnifies and holds the City harmless from and against <br />all claims arising out of the use or occupancy allowed under this agreement. <br />The City of Grand Island does not locate private lines, thus the installation of such drainage pipe is at the <br />Licensee's sole risk. <br />4. RESTORATION OF PROPERTY. If the construction or maintenance of the improvement <br />identified in Paragraph 1 above requires the excavation of earth, removal of hard surfacing, grass, vegetation, <br />landscaping, or any other disruption of the surface of the public right -of -way or neighboring property, the <br />Licensee shall restore the surface of the area to the same condition as it existed immediately prior to the <br />Licensee's work in the area. <br />5. OTHER CONDITIONS. The following conditions shall apply to this License Agreement: <br />A. Design and location of described improvements shall be subject to the approval of the Public <br />Works Director before installation. <br />B. The Licensee shall be responsible for all care and maintenance of such drainage pipe and <br />surrounding area. <br />C. If the maintenance or upkeep of any of the stated improvements is not acceptable, the City of <br />Grand Island has the authority to have such improvements removed at the expense of the <br />Licensee. <br />D. Awareness by Licensee of the existing 16" water line on the west side of North Road. <br />Licensee is responsible for contacting Diggers Hotline to ensure all utilities in the area are <br />located. In the event of any damages to utilities in the area during the course of work outlined in <br />Paragraph 1 the Licensee will assume all responsibility. <br />E. The culvert shall not be placed any deeper than the existing flow line of the ditch. <br />6. EFFECTIVE DATE. This License Agreement shall take effect on the date it is executed by the <br />Mayor of the City of Grand Island as dated below. It shall continue for an indefinite term or until such time as it <br />is terminated as provided hereafter. <br />7. TERMINATION. This License Agreement shall terminate upon one or more of the following <br />occurrences: <br />(a) The service of sixty (60) days written notice of intention to terminate by any party upon the other <br />(b) The Licensee's application for a permit to alter said improvement or any part thereof, unless <br />said permit is for work due to an occurrence as described in Paragraph 3 above and said work has the prior <br />written approval of the Licensor. <br />(c) The Licensee's construction or installation of any structure or improvement of any nature upon <br />the easement owned by the Licensor except that described in Paragraph 1 above. <br />2 <br />