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20170 <br />Licensor during the course of their employment or duties with the Licensor, the Licensee agrees to <br />assume and pay all costs relating to the replacement or repair of the improvement. Licensee <br />indemnifies and holds the City harmless from and against all claims arising out of the use or <br />occupancy 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 <br />excavation work will be permitted in the area of underground utility facilities until all such facilities <br />have been located and 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 <br />responsible for any and all damages. <br />5. 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 utility easement, <br />public 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 />6. 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 indefinite <br />term or until such time as it is terminated as provided hereafter. <br />7. TERMINATION. This License Agreement shall terminate upon one or more of the <br />following occurrences: <br />(a) The service of written notice of intention to terminate by licensee and the removal of <br />any improvements infringing upon the City's property, right -of -way, or easement. <br />(b) The Licensee's application for a permit to alter said improvement or any part thereof, <br />unless said permit is for work due to an occurrence as described in Paragraph 3 above and said work <br />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 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 <br />agrees, to remove said improvement from the Licensor's real estate at its own expense and without <br />cost to the Licensor. Said removal to occur no later than sixty (60) days after receipt of the notice of <br />intention to terminate or any of the occurrences set forth in Paragraph 7 above. Should the Licensee <br />fail to do so, the Licensor may remove or cause the removal of said improvement from the Licensor's <br />real estate and the Licensee agrees to reimburse the Licensor for all its costs. <br />8. SUCCESSORS AND ASSIGNS. This agreement shall be binding upon the parties <br />hereto, their successors and assigns. <br />9. ENTIRE AGREEMENT. This License Agreement constitutes the entire agreement <br />between the parties notwithstanding any other oral or written agreements to the contrary. This License <br />Agreement shall be amended only in writing executed by all parties hereto. <br />21 Page <br />2621 WEST HIGHWAY 30 LICENSE AGREEMENT <br />