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201907401 <br />NORTH, RANGE NINE (9), WEST OF THE 6TH P.M., HALL COUNTY, NEBRASKA, MORE <br />PARTICULARLY DESCRIBED AS FOLOWS: BEGINNING AT A POINT ON THE WEST LINE OF <br />SAID SECTION SEVENTEEN (17), SAID POINT BEING 712.6 FEET NORTH OF THE SOUTHWEST <br />CORNER OF THE NORTHWEST QUARTER (NW 1/4) OF SAID SECTION SEVENTEEN (17); <br />THENCE NORTHERLY ALONG THE WEST LINE OF SAID SECTION SEVENTEEN (17), A <br />DISTANCE OF 356.3 FEET; THENCE EASTERLY PARALLEL TO THE SOUTH LINE OF SAID <br />NORTHWEST QUARTER (NW 1/4) OF SAID SECTION SEVENTEEN (17), A DISTANCE OF 11.9 <br />FEET; THENCE SOUTHERLY A DISTANCE OF 356.3 FEET TO A POINT 13.0 FEET EAST OF THE <br />POINT OF BEGININNG; THENCE WESTELRY PARALELL TO THE SOUTH LINE OF SAID <br />NORTHWEST QUARTER (NW 1/4) OF SECTION SEVENTEEN (17), A DISTANCE OF 13.0 FEET TO <br />THE POINT OF BEGINNING. <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 to eliminate any interference <br />with City utilities. Any interference with City utilities shall be addressed immediately and at the expense <br />of the Licensee. <br />Licensee is responsible for their contractor obtaining a Right -of -Way permit from the City of Grand <br />Island Public Works Department prior to commencement of any 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 utility facilities until all such facilities have <br />been located and identified to the satisfaction of all parties. The excavation must be done with care in <br />order to avoid any possibility of damage to the utility facility. The Licensee shall be responsible for any <br />and all damages. There is a sanitary sewer main on the north side of Faidley Avenue that will require <br />careful location and avoidance. <br />5. RESTORATION OF PROPERTY. If the construction or maintenance of the improvement <br />identified in Paragraph 1 above requires the excavation of earth, removal of hard surfacing, grass, <br />vegetation, landscaping, or any other disruption of the surface of the utility easement, public right-of-way, <br />or neighboring property, the Licensee shall restore the surface of the area to the same condition as it <br />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 executed by the <br />Public Works Director / City Engineer of the City of Grand Island as dated below. It shall continue for an <br />indefinite term or until such time as it is terminated as provided hereafter. <br />21 Page <br />Nebraskalink, LLC License Agreement <br />705 N Webb Road <br />