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20180749' <br />Lot Six (6) and Seven (7), Block Fifteen (15), H.G. Clark's Addition to the City of <br />Grand Island, Hall County, 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. <br />The Licensee hereby waives any claim for damages against the Licensor, its officers, employees, <br />agents and independent contractors for any damage or injury that may result to said improvement. If <br />the Licensor, in its sole discretion, determines that any part or all of the improvement must be <br />removed or is damaged by the Licensor, its employees, agents or independent contractors working for <br />the Licensor during the course of their employment or duties with the Licensor, the Licensee agrees to <br />assume and pay all costs relating to the replacement or repair of the improvement. Licensee <br />indemnifies and holds the City of Grand Island harmless from and against all claims arising out of the <br />use or occupancy allowed under this License Agreement. Licensee shall have a proper traffic control <br />plan approved by the Licensor's Street Superintendent prior to commencement of work. <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 or overhead utility facilities until all such <br />facilities have been located and identified to the satisfaction of all parties. The excavation must be <br />done with care in order to avoid any possibility of damage to the utility facility. The Licensee shall be <br />responsible for any and all damages. <br />5. 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 />6. EFFECTIVE DATE. This License Agreement shall take effect on the date it is <br />executed by the Mayor of the City of Grand Island as dated below. It shall continue for an indefinite <br />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 <br />following occurrences: <br />(a) The service of written notice of intention to terminate by Licensee and <br />the removal of any improvements infringing upon the City of Grand Island's property, <br />right-of-way, or easement. <br />(b) The Licensee's application for a permit to alter said improvement or any <br />part thereof, unless said permit is for work due to an occurrence as described in <br />Paragraph 3 above and said work has the prior written approval of the Licensor. <br />(c) The Licensee's construction or installation of any structure or <br />improvement of any nature upon the easement owned by the Licensor except that <br />described in Paragraph 1 above. <br />(d) The City of Grand Island may revoke this agreement at any time. <br />Upon the termination of this License Agreement, the Licensee shall be required, and hereby <br />agrees, to remove said improvement from the Licensor's easement at its own expense and without <br />cost to the Licensor, said removal to occur no later than sixty (60) days after receipt of the notice of <br />intention to terminate or any of the occurrences set forth in Paragraph 6 above. Should the Licensee <br />fail to do so, the Licensor may remove or cause the removal of said improvement from the Licensor's <br />public right-of-way, and the Licensee agrees to reimburse the Licensor for all its costs. <br />21Page <br />Cleburn Well Site Screening Assessment License Agreement <br />Tetra Tech <br />