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right 90 °13'50" and running westerly, a distance of Three Hundred Sixteen and <br />Three Tenths (316.3) feet to the Actual place of beginning; thence continuing <br />westerly along the last described course, a distance of Three Hundred Thirteen <br />and Seventy Four Hundredths (313.74) feet; thence deflecting left 89 °51'58" and <br />running southerly, a distance of One Hundred Ninety -Eight and One Tenth <br />(198.1) feet; thence deflecting left 90 °20'18" and running easterly, a distance of <br />Two Hundred Sixty Four (264.0) feet; thence deflecting right 90 °23'42" and <br />running southerly, a distance of Sixty -Six and Forty -Eight Hundredths (66.48) <br />feet to the northerly right -of -way line of Roberts Street; thence easterly along said <br />right -of -way line, a distance of Fifty (50.0) feet; thence deflecting left 90 °00'13" <br />and running northerly, a distance of Two Hundred Sixty -Four (264.0) feet to the <br />Actual place of beginning and containing 1.502 acres more or less <br />3. LICENSEE'S DUTIES AND RISKS. It is understood and agreed that the <br />Licensee may construct, maintain, repair and utilize the above described improvement at the <br />Licensee's sole risk. The Licensee hereby waives any claim for damages against the Licensor, its <br />officers, employees, agents and independent contractors for any damage or injury that may result <br />to said improvement. If the Licensor, in its sole discretion, determines that any part or all of the <br />improvement must be removed or is damaged by the Licensor, its employees, agents or <br />independent contractors working for the Licensor during the course of their employment or <br />duties with the Licensor, the Licensee agrees to assume and pay all costs relating to the <br />replacement or repair of the improvement. <br />4. RESTORATION OF PROPERTY. If the construction or maintenance of the <br />improvement identified in Paragraph 1 above requires the excavation of earth, removal of hard <br />surfacing, grass, vegetation, landscaping, or any other disruption of the surface of the public <br />right -of -way or neighboring property, the Licensee shall restore the surface of the area to the <br />same condition as it existed immediately prior to the Licensee's work in the area. <br />5. EFFECTIVE DATE. This License Agreement shall take effect on the date it is <br />executed by the Mayor of the City of Grand Island as dated below. It shall continue for an <br />indefinite term or until such time as it is terminated as provided hereafter. <br />6. TERMINATION. This License Agreement shall terminate upon one or more of <br />the following occurrences: <br />(a) The service of sixty (60) days written notice of intention to terminate by any party <br />upon the other party. <br />(b) The Licensee's application for a permit to alter said improvement or any part <br />thereof, unless said permit is for work due to an occurrence as described in Paragraph 3 <br />above and said work has the prior written approval of the Licensor. <br />(c) The Licensee's construction or installation of any structure or improvement of any <br />nature upon the easement held by the Licensor except that described in Paragraph 1 <br />above. <br />-2- <br />