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201605442 <br />506 & 518 N WEBB RD LA - PG 2/4 <br />NEBRASKA REGISTER OF DEEDS OFFICE; SAID POINT BEING THE ACTUAL POINT OF BEGINNING; <br />THENCE CONTINUING WESTERLY ON THE SOUTH LINE OF SAID TRACT OF LAND A DISTANCE OF <br />16.00 FHEET; THENCE NORTHELRY AND PARALLEL WITH THE EASTERLY LINE OF SAID TRACT OF <br />LAND A DISTANCE OF 100.00 FEET TO A POINT ON THE NORTH LINE OF SAID TRACT OF LAND; <br />THENCE EASTERLY ON THE NORTH LINE OF SAID TRACT OF LAND A DISTANCE OF 16.00 FEET TO <br />THE NORTHWEST CORNER OF SAID RIGHT -OF -WAY TRACT; THENCE SOUTHERLY ON THE <br />WESTERLY LINE OF SAID RIGHT -OF -WAY TRACT A DISTANCE OF 100,00 FEET TO THE POINT OF <br />BEGINNING, SAID TRACT CONTAINS A CALCULATED AREA OF 1600.00 SQUARE FEET OR 0.04 ACRES <br />MORE OR LESS. <br />3. LICENSEE'S DUTIES AND RISKS. It is understood and agreed that the Licensee may construct, <br />maintain, repair and utilize the above described improvement at the Licensee's sole risk. The Licensee hereby <br />waives any claim for damages against the Licensor, its officers, employee, agents and independent contractors for <br />any damage or injury that may result to said improvement. If the Licensor, in its sole discretion, determines that <br />any part or all of the 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 duties with the <br />Licensor, the Licensee agrees to assume and pay all costs relating to the replacement or repair of the improvement. <br />Licensee indemnifies and holds the City harmless from and against all claims arising out of the use or occupancy <br />allowed under this agreement. <br />4. PROTECTION OF EXISTING UTILITIES. The Licensee is responsible for locating and <br />coordinating original construction and future maintenance work on the described improvement. No excavation <br />work will be permitted in the area of underground utility facilities until all such facilities have been located and <br />identified to the satisfaction of all parties. The excavation must be done with <br />care in order to avoid any possibility of damage to the utility facility. The Licensee shall be responsible for any and <br />all damages. <br />5. RESTORATION OF PROPERTY. If the construction or maintenance of the improvement <br />identified in Paragraph 1 above requires the excavation of earth, removal of hard surfacing, grass, vegetation, <br />landscaping, or any other disruption of the surface of the public right -of -way or neighboring property, the Licensee <br />shall restore the surface of the area to the same condition as it existed immediately prior to the Licensee's work in <br />the area. <br />6. EFFECTIVE DATE. This License Agreement shall take effect on the date it is executed by the <br />Mayor of the City of Grand Island as dated below. It shall continue for an indefinite term or until such time as it is <br />terminated as provided hereafter. <br />7. TERMINATION. This License Agreement shall terminate upon one or more of the following <br />occurrences: <br />(a) The service of written notice of intention to terminate by licensee and the removal of any <br />improvements infringing upon the City's property or right -of -way. <br />(b) The Licensee's application for a permit to alter said improvement or any part thereof, unless said <br />permit is for work due to an occurrence as described in Paragraph 3 above and said work has the prior written <br />approval of the Licensor. <br />(c) The Licensee's construction or installation of any structure or improvement of any nature upon the <br />real estate owned by the Licensor except that described in Paragraph 1 above. <br />(d) The City may revoke this agreement at any time. <br />Upon the termination of this License Agreement, the Licensee shall be required, and hereby agrees, to <br />remove said improvement from the Licensor's real estate at its own expense and without cost to the Licensor. Said <br />removal to occur no later than sixty (60) days after receipt of the notice of intention to terminate or any of the <br />occurrences set forth in Paragraph 7 above. Should the Licensee fail to do so, the Licensor may remove or cause <br />the removal of said improvement from the Licensor's real estate and the Licensee agrees to reimburse the Licensor <br />for all its costs. <br />