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20180478 HIGHWAY NO. 281, A DISTANCE OF FOUR HUNDRED TWENTY -TWO AND FIVE TENTHS (422.5) FEET; THENCE DEFLECTING RIGHT 03 ° 34' AND RUNNING SOUTHERLY ALONG SAID HIGHWAY NO. 281 R.O.W. LINE A DISTANCE OF EIGHT HUNDRED EIGHTY -FIVE AND SIX TENTHS (885.6) FEET; THENCE DEFLECTING RIGHT 59 ° 39' AND RUNNING SOUTHWESTERLY ALONG A LINE TWO HUNDRED (200.0) FEET NORTHWESTERLY FROM AND PARALLEL TO THE NORTHWESTERLY R.O.W. LINE OF U.P.R.R. COMPANY, A DISTANCE OF ONE THOUSAND THREE HUNDRED FORTY -ONE AND SEVEN TENTHS (1,341.7) FEET; THENCE NORTHERLY ALONG A LINE FORTY -THREE AND SEVENTY -THREE HUNDREDTHS (43.73) FEET EAST OF AND PARALLEL TO THE WEST LINE OF THE SOUTHEAST QUARTER (SE '/) ALSO BEING ALONG THE EAST LINE OF SAID CLAUDE ROAD, A DISTANCE OF NINE HUNDRED FIVE AND SEVEN TENTHS (905.7) FEET TO THE NORTH LINE OF SAID SOUTHEAST QUARTER (SE '4); THENCE WESTERLY ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER (SE '' 'A), A DISTANCE OF TEN AND SEVENTY -THREE HUNDREDTHS (10.73) FEET TO THE PLACE OF BEGINNING EXCEPTING THEREFROM THAT PART THEREOF CONVEYED TO THE COUNTY OF HALL BY DEED RECORDED AS DOCUMENT NO. 78- 002413 OF THE DEED RECORDS OF 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. 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 utility easement, 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 indefmite 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 written notice of intention to terminate by licensee and the removal of any improvements infringing upon the City's property, right -of -way, or easement. 2IPage QWEST CORPORATION d /b /a CENTURYLINK QC 1011 CLAUDE ROAD