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201704915
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Last modified
12/9/2019 6:07:03 PM
Creation date
7/24/2017 3:12:44 PM
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DEEDS
Inst Number
201704915
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9 <br /> 201704915 <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. A high voltage electric cable is buried in the right-of-way along <br /> the west side of Gold Core Road. <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 indefmite <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 /> 10. CHOICE OF LAWS. This License Agreement shall be construed in accordance with <br /> the laws of the State of Nebraska and the City of Grand Island,Nebraska. <br /> 2IPage <br /> 4704 GOLD CORE ROAD LICENSE AGREEMENT <br />
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