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85C9061.0Z Please retum to: Catrin DeLosh Public Works Department PO Box 1968 Grand Island, NE 68802 This Space Reserved for Register of Deeds LICENSE AGREEMENT This License Agreement is made by and between the CITY OF GRAND ISLAND, NEBRASKA, a municipal Corporation, herein referred to as the "Licensor" and ISAAC J. BERG AND SHARI D. BERG, Owners, hereinafter referred to as the "Licensee". 1. STATEMENT OF PURPOSE. The purpose of this License Agreement is to set forth the terms and conditions, under which the Licensee may construct, maintain, repair, and utilize the following described improvement which will infringe upon a public utility easement: Installation, maintenance, and repair of a Polyvinyl Chloride (PVC) fence to enclose backyard on the property addressed as 2710 Apache Road, per attached Exhibit "A", dated 2019/9/9. 2. DESCRIPTION OF LICENSEE'S REAL ESTATE. The Licensee owns the following described real estate adjacent to the Licensor's public utility easement to which this License Agreement shall apply: LOT THREE (3), BLOCK FIVE (5), REPLAT OF RIVERSIDE ACRES, AN ADDITION TO THE CITY OF GRAND ISLAND, 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. Licensee shall provide access at all times to the City easement on the west and north side of the subject property. 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 Isaac 1. and Shari D. Berg