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202101799
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Last modified
3/11/2021 10:43:21 AM
Creation date
3/4/2021 9:44:05 AM
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DEEDS
Inst Number
202101799
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Y <br />202101799 <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. The sanitary sewer manhole, within the proposed area, for an 18" sanitary sewer main <br />shall not be enclosed. <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 public right-of-way or neighboring <br />property, the Licensee shall restore the surface of the area to the same condition as it existed <br />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 <br />by the Public Works Director/City Engineer of the City of Grand Island as dated below. It shall continue <br />for an indefinite 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 sixty (60) days written notice of intention to terminate by any party upon the <br />other party. <br />(b) The Licensee's application for a permit to alter said improvement or any part thereof, <br />unless said permit is for work due to an occurrence as described in Paragraph 3 above <br />and said work has the prior written approval of the Licensor. <br />(c) The Licensee's construction or installation of any structure or improvement of any nature <br />upon the City's property, public right-of-way, or easement owned by the Licensor except <br />that described in Paragraph 1 above. <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 property at its own expense and without cost to <br />the Licensor. Said removal to occur no later than sixty (60) days after receipt of the notice of intention to <br />terminate or any of the occurrences set forth in Paragraph 7 above. Should the Licensee fail to do so, <br />the Licensor may remove or cause the removal of said improvement from the Licensor's property and the <br />Licensee agrees to reimburse the Licensor for all its costs. <br />8. SUCCESSORS AND ASSIGNS. This agreement shall be binding upon the parties <br />hereto, their successors and assigns. <br />9. ENTIRE AGREEMENT. This License Agreement constitutes the entire agreement <br />between the parties notwithstanding any other oral or written agreements to the contrary. This License <br />Agreement shall be amended only in writing executed by all parties hereto. <br />10. CHOICE OF LAWS. This License Agreement shall be construed in accordance with the <br />laws of the State of Nebraska and the City of Grand Island, Nebraska. <br />11. CONTENT OF LANGUAGE. Wherever the context of the language in this License <br />Agreement is appropriate, the singular shall apply to the plural and the plural shall apply to the singular. <br />2IPage <br />2620 West Faidley Avenue License Agreement <br />Saint Francis Medical Center <br />
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