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201802411 COUNTY, NEBRASKA FORMERLY BLOCK TEN (10) OF SOUTH PARK ADDITION TO THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA NOW VACATED AND THAT PART OF VACATED WASHINGTON STREET IN SAID CITY OF GRAND ISLAND, BOUNDED ON THE SOUTHERLY SIDE BY THE NORTH LINE OF PHOENIX STREET IN SAID CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA, AS PER THE RECORDED PLAT THEREOF; BOUNDED ON THE WESTERLY SIDE BY THE WEST LINE OF SAID VACATED WASHINGTON STREET, BOUNDED ON THE NORTHWESTERLY SIDE BY SAID BELT LINE MAIN TRACK CENTERLINE AS FORMERLY LOCATED, BOUNDED ON THE EASTERLY SIDE BY THE EAST LINE OF SAID VACATED BLOCK TEN (10) AND BOUNDED ON THE SOUTHEASTERLY SIDE BY A LINE 12.5 FEET RADIALLY DISTANT SOUTHEASTERLY OF THE CENTERLINE OF SAID RAILROAD COMPANY'S MOST SOUTHEASTERLY TRACT AS FORMERLY LOCATED, THE CENTERLINE OF WHICH WOULD CROSS THE EASTERLY LINE OF SAID VACATED BLOCK TEN (10), A DISTANCE OF 128.94 FEET NORTHWESTERLY OF THE SOUTHEASTERLY CORNER OF SAID VACATED BLOCK TEN (10) AND WHICH WOULD CROSS THE SOUTHERLY LINE OF SAID VACATED BLOCK TEN (10), A DISTANCE OF 247.7 FEET SOUTHWESTERLY OF SAID SOUTHEASTERLY CORNER AND WHICH EXTENDS BETWEEN SAID EASTERLY LINE AND SAID SOUTHERLY LINE ALONG A CURVED LINE, CONCAVE SOUTHEASTERLY WITH A RADIUS OF 573.7 FEET, EXCEPTING A CERTAIN TRACT MORE PARTICULARLY DESCRIBED QUIT CLAIM DEED RECORDED AS DOCUMENT NO. 96- 103345. 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. 4. PROTECTION OF EXISTING UTILITIES. The Licensee is responsible for locating and coordinating original construction and future maintenance work on the described improvement. No excavation work will be permitted in the area of underground utility facilities until all such facilities have been located and identified to the 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. 5. RESTORATION OF PROPERTY. If the construction or maintenance of the improvement identified in Paragraph 1 above 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. 6. EFFECTIVE DATE. This License Agreement shall take effect on the date it is executed by the Public Works Director /City Engineer 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. 7. TERMINATION. This License Agreement shall terminate upon one or more of the following occurrences: (a) The service of sixty (60) days written notice of intention to terminate by any party upon the other party. Wage 1104 West Phoenix Avenue License Agreement Jerry's Sheet Metal, Heating & Cooling, Inc.