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CITY OF GRAND ISLAND CENTURYLINK PROJECT NO. URB- 5436(5) CONTROL NO. 42707 CAPITAL AVENUE, WEBB - BROADWELL AGREEMENT THIS AGREEMENT, made and entered into by and between Century Link hereinafter referred to as the "Utility" and the City of Grand Island, hereinafter referred to as the "LPA ". WITNESSETH: WHEREAS, the Utility owns and operates certain telecommunications facilities along and adjacent to a portion of Project No. URB - 5436(5) (the "Project"), some of which rest within the limits of the old highway right of way, and some of which rest within an easement held by the Utility, and WHEREAS, the Project necessitates relocation of certain of the Utility's facilities for accomplishment of the Project, and WHEREAS, the Utility is willing to relocate certain of its facilities where necessary in accordance with the conditions hereinafter provided in this Agreement, and WHEREAS, the LPA is willing to reimburse the Utility for reasonable eligible nonbetterment costs associated with the relocation of the Utility's facilities presently located within the Utility's privately held easement located in the County of Hall, State of Nebraska, Section five (5), Township eleven (11) North, Range nine (9) West of the 6 PM (the "Easement ") (see attached survey, incorporated by reference herein), and WHEREAS, the LPA is willing to allow the Utility to retain certain rights associated with the Easement being enveloped by the new highway right of way, and WHEREAS, the LPA is willing to pay the Utility for other reasonable eligible nonbetterment expenses incurred in connection with the relocation of its facilities as provided by Federal -Aid Policy Guide 23 CFR 645A, "Utility Relocations, Adjustments and Reimbursement", and Federal -Aid Policy Guide, 23 CFR 645B, "Accommodation of Utilities" issued by the Federal Highway Administration. NOW THEREFORE, in consideration of these facts, the parties hereto agree as follows: SECTION 1. The Utility hereby agrees to furnish, or cause to be furnished, all of the tools, labor, equipment and materials necessary for the rehabilitation relocation of its facilities as made necessary by the Project's construction. SECTION 2. The LPA has prepared a tabulation of all the poles belonging to the Utility along and adjacent to this project, showing the poles which will have to be moved and indicating in the EXHIBIT A TO LICENSE AGREEMENT 20 40 4308