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W <br />PLEASE RETURN TO: <br />CATRINA DELOSH <br />PUBLIC WORKS DEPT <br />PO BOX 1968 <br />GRAND ISLAND, NE 68802-1968 <br />This Space Reserved for Register of Deeds <br />r <br />r _-7 <br />r, <br />n <br />T`J <br />CJ <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 2,290' of new OSP fiber <br />facilities to provide 100M service to Exchange Bank at the property addressed as 939 South <br />Locust Street, per the attached exhibit, dated 2018/10/29, consisting of Sheets 1-5. <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 />UNIT 939, SOUTHEAST CROSSINGS CONDOMINIUM PROPERTY REGIME, IN 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. 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 />