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V.■ <br />cri <br />OD <br />PLEASE RETURN TO: <br />CATRINA DELOSH <br />JBLIC WORKS DEPT <br />PO BOX 1968 <br />GRAND ISLAND, NE 68802 <br />This Space Reserved for Register of Deeds <br />CZ) <br />CT) <br />t"J <br />CD <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 NORTHWESTERN ENERGY, <br />hereinafter referred to as the "Licensee." <br />1. STATEMENT OF PURPOSE. The purpose of this License Agreement is to set forth the <br />terms and conditions under which the Licensee may construct, maintain, repair, and utilize the following <br />described improvement which will infringe upon public right -of -way dedicated to the Licensor: <br />Licensee will utilize a subcontractor to install up to twenty -six (26) soil borings on <br />the Licensor's public right of way as indicated on the attached Figure 1. The soil <br />borings will be installed for the purpose of collecting environmental data and <br />samples. <br />2. DESCRIPTION OF LICENSEE'S REAL ESTATE. The Licensee owns the following <br />described real estate subject to the Licensor's public right -of -way to which this License Agreement shall <br />apply: <br />Up to twenty -six (26) soil borings will be installed by the Licensee on the Licensor's <br />public right -of -way as part of the work as described under Section 1 of this License <br />Agreement. <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, employees, agents <br />and independent contractors for any damage or injury that may result to said improvement. If the <br />Licensor, in its sole discretion, determines that any part or all of the improvement must be removed or <br />is damaged by the Licensor, its employees, agents or independent contractors working for the Licensor <br />during the course of their employment or duties with the Licensor, the Licensee agrees to assume and <br />pay all costs relating to the replacement or repair of the improvement. Licensee indemnifies and holds <br />the City of Grand Island harmless from and against all claims arising out of the use or occupancy allowed <br />under this License Agreement. <br />4. 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 public right -of- <br />way or neighboring property, the Licensee shall restore the surface of the area to the same condition <br />as it existed immediately prior to the Licensee's work in the area. <br />N <br />CD <br />f--' <br />CO <br />CO <br />r T l <br />