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PLEASE RETURN TO: <br />CATRINA DELOSH <br />PJJ LIC WORKS DEPT <br />O BOX 1968 <br />GRAND ISLAND, NE 68802 -1968 <br />m rr <br />- n rn In <br />el Z C el C <br />n = i a c i n • <br />en t/1 S� �1 <br />This Space Reserved for Register of Deeds <br />LICENSE AGREEMENT <br />This License Agreement is made by and between the CITY OF GRAND ISLAND, NEBRASKA, <br />a municipal Corporation, herein referred to as the "Licensor" and WINDSTREAM, hereinafter referred to <br />as the "Licensee ". <br />1. STATEMENT OF PURPOSE. The purpose of this License Agreement is to set forth the terms <br />and conditions under which the Licensee may construct, maintain, repair, and utilize the following <br />described improvement which will infringe upon real estate owned by the Licensor: <br />To access the City's public right -of -way for installation of approximately 350.0 feet of new OSP <br />fiber facilities to place a bypass cable and splice around GDISNEBV at 3650 West 13 Street for a <br />forced exit, per the attached Exhibit "A ", dated 7/3/2018, consisting of Sheets 1 -2. <br />2. DESCRIPTION OF LICENSEE'S REAL ESTATE. The Licensee has requested such cable be <br />installed to service the described real estate subject to the Licensor's public right -of -way to which this <br />License Agreement shall apply: <br />LOT TWO (2), 281 RETAIL SUBDIVISION, IN THE CITY OF GRAND ISLAND, HALL COUNTY, <br />NEBRASKA. <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 />Licensee shall coordinate any and all work with the City of Grand Island, their consultant, and contractor <br />to eliminate any interference with City utilities. Any interference with City utilities shall be addressed <br />immediately and at the expense of the Licensee. <br />11 Page <br />WINDSTREAM LICENSE AGREEMENT <br />3650 W 13 STREET <br />0 <br />0 <br />