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C86i700Z0Z Please return to: Catrina DeLosh Public Works Department PO Box 1968 Grand Island, NE 68802 This Space Reserved for Register of Deeds LICENSE AGREEMENT ry c C) CJl co This License Agreement (the "Agreement") is made by and between the CITY OF GRAND ISLAND, NEBRASKA, a municipal Corporation, herein referred to as the "Licensor" and PRAIRIE COMMONS ASSOCIATION, a Nebraska Nonprofit Corporation, 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 public right-of-way dedicated by recorded plat or otherwise in the Prairie Commons development: The underground sprinkler system, trees, bushes, plants, grasses, and concrete planters (collectively the "Improvements") all as depicted on Exhibit "A" attached hereto and incorporated herein by this reference. 2. DESCRIPTION OF LICENSEE'S REAL ESTATE. The Licensee has exclusive use, occupancy and control over the following described real estate subject to the Licensor's public right-of- way to which this Agreement shall apply: The real estate depicted and described on Exhibit "B" attached hereto and incorporated herein by this reference. 3. LICENSEE'S DUTIES AND RISKS. It is understood and agreed that the Licensee may install, construct, maintain, repair and utilize the Improvements 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 the Improvements. 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 hereby indemnifies and holds the Licensor harmless from and against all claims arising out of the use or occupancy allowed under this Agreement. The Licensee, at Licensee cost and expense, shall be responsible for the maintenance, repairs, and replacement of the Improvements including, but not limited to, removal of damaged trees, tree limbs, and other vegetation within the public right-of-way. Trees and other vegetation removed and not replaced within the right-of-way shall be replaced with hard surfacing approved by Licensor's Public Works Director. Repairs and maintenance work may be performed by the Licensor and shall be invoiced to and paid by the Licensee. Licensor shall only undertake such maintenance and repair work if