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201803825 <br />THE WEST THIRTY SIX FEET AND EIGHT INCHES (36'8 ") OF LOT SIX (6), BLOCK THIRTY <br />FOUR (34), ORIGINAL TOWN, NOW CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA. — <br />PARCEL NO. 400002795 <br />LOT ONE (1), AND TWO (2), BLOCK THIRTY -NINE (39), ORIGINAL TOWN, NOW CITY OF <br />GRAND ISLAND, HALL COUNTY, NEBRASKA. — PARCEL NO. 400003287 <br />LOT SEVEN (7), BLOCK THIRTY TWO (32), ORIGINAL TOWN, NOW CITY OF GRAND ISLAND, <br />HALL COUNTY, NEBRASKA. — PARCEL NO. 400002531 <br />LOT EIGHT (8) AND THE EAST TWENTY TWO (22) FEET OF LOT SEVEN (7), BLOCK TWENTY <br />NINE (29), ORIGINAL TOWN, CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA. — <br />PARCEL NO. 400002167 <br />3. LICENSEE'S DUTIES AND RISKS. It is understood and agreed that the Licensee may <br />construct, maintain, repair and utilize the above described improvement at the Licensee's sole risk. The <br />Licensee hereby waives any claim for damages against the Licensor, its officers, employee, agents and <br />independent contractors for any damage or injury that may result to said improvement. If the Licensor, in <br />its sole discretion, determines that any part or all of the improvement must be removed or is damaged by <br />the Licensor, its employees, agents or independent contractors working for the Licensor during the course <br />of their employment or duties with the Licensor, the Licensee agrees to assume and pay all costs relating <br />to the replacement or repair of the improvement. Licensee indemnifies and holds the City harmless from <br />and against all claims arising out of the use or 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 have <br />been located and identified to the satisfaction of all parties. The excavation must be done with care in <br />order to avoid any possibility of damage to the utility facility. The Licensee shall be responsible for any <br />and all damages. <br />5. RESTORATION OF PROPERTY. If the construction or maintenance of the improvement <br />identified in Paragraph 1 above requires the excavation of earth, removal of hard surfacing, grass, <br />vegetation, landscaping, or any other disruption of the surface of the utility easement, public right -of -way, <br />or neighboring property, the Licensee shall restore the surface of the area to the same condition as it <br />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 executed by the <br />Public Works Director /City Engineer of the City of Grand Island as dated below. It shall continue for an <br />indefinite 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 following <br />occurrences: <br />(a) The service of written notice of intention to terminate by licensee and the removal of any <br />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 has <br />the prior written approval of the Licensor. <br />4 1Page <br />G R A N D I S L A N D B U S I N E S S I M P R O V E M E N T D I S T R I C T N O . 8 <br />CIGARETTE CONTAINERS @ VARIOUS LOCATIONS <br />