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<br />It is anticipated that there will be no damages to the existing cropland, leased to Grantor's lessee
<br />during this Project.
<br />6. Grantor shall be made whole, by Grantee and Grantee Parties, by returning the Property to a similar
<br />appearance prior to Commencement Date. Grantee and Grantee Parties shall, at all times, exercise
<br />reasonable effort to avoid injury or damage to the fencing, sidewalks, security systems, lighting,
<br />signage, landscaping, irrigation or drainage systems and any such other improvements of Grantor,
<br />and Grantee shall repair or replace any such damage and loss arising or occurring to the Property
<br />solely by reason of the construction, operation, maintenance and removal of any utility lines,
<br />however, in the event that all or part of the underground utility facilities which may be installed on
<br />said easement becomes defective or unserviceable in the sole judgment of Grantee, then Grantee
<br />shall have the right, to maintain, repair or replace such underground facilities, replacing any
<br />landscaping at or before the completion of such replacement as described above; provided, if
<br />improvements to the Property make the installation of such replacements impractical at the
<br />location of the additional Temporary Easement areas granted hereby, then Grantor or their
<br />successors in title shall grant and convey to Grantee, for the same consideration as given herein, an
<br />easement for such further installation at a location on the Property which is mutually satisfactory to
<br />the parties. If the parties fail to agree in writing, upon any such new location for the underground
<br />facilities, Grantee shall have no obligation to replace or provide underground facilities across or to
<br />any such property and Grantee shall not be liable nor bear any responsibility to Grantor, its
<br />successors and assigns for failure to provide service to the Property. In determining the locations
<br />for further installation, Grantee shall at all times exercise reasonable effort to avoid injury or
<br />damage to the landscaping and improvements of Grantor or their successors. Grantee shall perform
<br />any work in connection with the Property in a good and workmanlike manner with reasonable effort
<br />to minimize interference with Grantor's use of this Property except as may be reasonably necessary
<br />for Grantee to carry out the terms and conditions of this RIGHT OF WAY AND (5) TEMPORARY EASEMENTS
<br />AGREEMENT FOR CAPITAL AVENUE STREET WIDENING PROJECT INCLUDING UNDERGROUND UTILITY FACILITIES, this
<br />"Agreement."
<br />7. Grantor agrees that the Right of Way and Temporary Easements shall commence in favor of Grantee
<br />and Grantee Parties on June 1, 2014, the Commencement Date and shall continue in full force and
<br />effect until its termination upon the completion of the Project by Grantee and Grantee Parties,
<br />signified by Grantee's delivery of written notification of completion to Grantor.
<br />8. Grantor may construct, maintain, repair and utilize sprinkler improvements which may infringe upon
<br />the Right of Way area. Grantor reserves the right to file any claim for damages against Grantee,
<br />and /or Grantee Parties for any damages or injury that may result to the said sprinkler improvement.
<br />If Grantor, in its sole discretion, determines that any part or all of the improvements must be
<br />removed or is damaged by Grantee, and /or Grantee Parties, during the course of the employment
<br />or duties with Grantee, Grantee agrees to assume and pay all costs relating to the replacement or
<br />repair of the improvement.
<br />Grantee agrees to assume and pay all 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 />9. The undersigned person executing this Agreement on behalf of Grantor represents and certifies that
<br />they are the authorized department head to sign on behalf of Grantor and has been fully
<br />empowered by proper resolution or State directive to execute and deliver this Agreement on behalf
<br />of Grantor and that all necessary actions for the making of this conveyance have been completed.
<br />10. That this instrument contains the entire agreement of the Parties, that there are no other or
<br />different agreements or understandings between Grantor and Grantee or its agents, that Grantor
<br />has not relied upon any promises, inducements, or representations of Grantee or its agents or
<br />employees, except as set forth herein, and that this Agreement and the covenants and agreements
<br />herein contained shall inure to the benefit of and be binding and obligatory upon the heirs,
<br />executors, administrators, successors and assigns of the parties hereto.
<br />VBEL AS /SBD — GIVH — City of Grand Island — Right of Way and (5) Temporary Easements Agreement (signal pole, ADA modifications, driveway relocation, grading,
<br />resurfacing) NIS Land #25ZZ00045L, #252Z00046L, Neb. Rev. Stat. §72 -818 Page 5 of 6
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