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rn z el rn [ = c This Space Reserved for Register of Deeds PLEASE RETURN TO: ATTN: CATRINA DELOSH PUBLIC WORKS DEPT PO BOX 1968 GRAND ISLAND, NE 68802 -1968 LICENSE AGREEMENT 1 CO This License Agreement is made by and between the CITY OF GRAND ISLAND, NEBRASKA, a municipal Corporation, herein referred to as the "Licensor" and T & S LAND DEVLOPMENT, L.L.C., a Nebraska Limited Liability Company, 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 the public right -of -way: To install a new well for geothermal HVAC in the sidewalk at 308 West 3 Street. Such well shall be within the vault or basement below the sidewalk and the well shall not be allowed to terminate above the surface of the sidewalk. The well casing and sanitary seal shall be flush with or below the surface of the sidewalk so as not to cause a tripping hazard for the pedestrian traffic. The discharge of this well shall be allowed to connect to the public storm sewer in the alley with the condition that it be shutoff with automatic switching during peak flow to allow sufficient capacity in the City storm sewer system. 2. DESCRIPTION OF LICENSEE'S REAL ESTATE. The Licensee owns the following described real estate subject to the Licensor's public right -of -way to which this License Agreement shall apply: LOT SEVEN (7), BLOCK FIFTY SEVEN (57), IN THE ORIGINAL TOWN, NOW 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. (9.2