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/ PLEASE RETURN TO: ECATRINA D LOSCATRINA II PUBLIC WORKS DEPT PO BOX 1968 GRAND ISLAND, NE 68802 -1968 rn 2 >N rt nn r R3 a This Space Reserved for Register of Deeds r', LICENSE AGREEMENT This License Agreement is made by and between the CITY OF GRAND ISLAND, NEBRASKA, a municipal Corporation, herein referred to as the "Licensor" and N.P. BUILDERS, LLC, a Nebraska Limited Liability Company, hereinafter referred to as the "Licensee ". I . 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 a utility easement dedicated to the Licensor: To build a twelve (12) inch thick, three (3) foot high retaining wall along both the south and east ends of the property addressed as 2923 Lee Street. Such retaining wall will consist of course block being buried one (1) course deep. The east /west retaining wall will be inside the south property line two (2) feet north; the north /south retaining wall will be placed directly on the east property line, per the attached sketch. 2. DESCRIPTION OF LICENSEE'S REAL ESTATE. The Licensee owns the following described real estate containing said utility easement to which this License Agreement shall apply: LOT ONE (1), BLOCK TWO (2), NORTHVIEW EIGHTH SUBDIVISION, 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. Wage 2923 LEE STREET LICENSE AGREEMENT