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PLEASE RETURN TO: CATRINA DELOSH PUBLIC WORKS DEPT PO BOX 1968 GRAND ISLAND, NE 68802 This Space Reserved for Register of Deeds 1 c °*r LICENSE AGREEMENT This License Agreement is made by and between the CITY OF GRAND ISLAND, NEBRASKA, a municipal Corporation, herein referred to as the "Licensor" and LENNIS W. DEVINE AND BARBARA PECKHAM - DEVINE, OWNERS, 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 an easement dedicated to the Licensor: To install brick retaining wall in drainage easement east of 2831 Idaho Avenue. Such retaining wall shall be no taller than 30" or wider than 10" and shall not impede or block drainage through said drainage easement. 2. DESCRIPTION OF LICENSEE'S REAL ESTATE. The Licensee owns the following described real estate subject to the Licensor's easement to which this License Agreement shall apply: Lot Twelve (12), Block One (1), Woodland Park Thirteenth Subdivision, City of Grand Island, Hall County, Nebraska. 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. 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, easement, or neighboring property, the Licensee shall restore the surface of the area to the same condition as it existed immediately prior to the Licensee's work in the area.