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2 201700545 3535 W 13 Street LA 2/3 5. PROTECTION OF EXISTING UTILITIES. The Licensee is responsible for locating and coordinating original construction and future maintenance work on the described project. No excavation work will be permitted in the area of underground utility facilities until all such facilities have been located and identified to the reasonable satisfaction of all parties. The excavation must be done with care in order to avoid any possibility of damage to the utility facility. The Licensee shall be responsible for any and all damages to the utility facility caused by Licensee. 6. RESTORATION OF PROPERTY. If the construction or maintenance of the loading dock 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 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. Any disruption to the area will be matched to the existing surface. 7. EFFECTIVE DATE. This License Agreement shall take effect on the date it is executed by the Mayor of the City of Grand Island as dated below. It shall continue for an indefinite term or until such time as it is terminated as provided hereafter. 8. TERMINATION. This License Agreement shall terminate upon one or more of the following occurrences: (a) The service of written notice of intention to terminate by Licensee and the removal of any improvements infringing upon the City's property, right -of -way, or easement. (b) The Licensee's application for a permit to alter said loading dock or any part thereof, unless said permit is for work due to an occurrence as described in Paragraph 3 above and said work has the prior written approval of the Licensor, which approval shall not be unreasonably withheld, conditioned or delayed. (c) The Licensee's construction or installation of any structure or improvement of any nature upon the real estate owned by the Licensor except that described in Paragraph 1 above. (d) The City may only revoke this Agreement for a City project that requires the removal of the loading dock due to the existence of the loading dock interfering with said project. The City must provide one (1) year's prior notice of termination of this Agreement. Upon the termination of this License Agreement, the Licensee shall be required, and hereby agrees, to remove or modify said loading dock from the Licensor's property, public right -of -way, or easement or relocate the utility lines from under the loading dock at its own expense and without cost to the Licensor. Said removal, modification or relocation to occur no later than sixty (60) days after receipt of the notice of intention to terminate or any of the occurrences set forth in Paragraph 8 above. Should the Licensee fail to do so, the Licensor may remove or modify the loading dock from the Licensor's property, public right -of -way, or easement or relocate the utility lines from under the loading dock or cause the removal or modification of said loading dock from the Licensor's property, public right -of -way, or easement or relocation of the utility lines from under said loading dock and the Licensee agrees to reimburse the Licensor for its actual reasonable costs. 9. SUCCESSORS AND ASSIGNS. This License Agreement shall be binding upon the parties hereto, their successors and assigns. 10. ENTIRE AGREEMENT. This License Agreement constitutes the entire agreement between the parties notwithstanding any other oral or written agreements to the contrary. This License Agreement shall be amended only in writing executed by all parties hereto.