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O <br />Ni <br />CI CI <br />D <br />n= <br />This Space Reserved for Register of Deeds <br />1— • <br />3 <br />N <br />PLEASE RETURN TO: <br />CATRINA DELOSH <br />PUBLIC WORKS DEPT <br />PO BOX 1968 <br />GRAND ISLAND, NE 68802-1968 <br />LICENSE AGREEMENT <br />This License Agreement is made by and between the CITY OF GRAND ISLAND, NEBRASKA, a <br />municipal Corporation, herein referred to as the "Licensor" and VIAERO FIBER NETWORKS, LLC, <br />hereinafter referred to as the "Licensee". <br />1. STATEMENT OF PURPOSE. The purpose of this License Agreement is to set forth the terms and <br />conditions under which the Licensee may construct, maintain, repair, and utilize the following described <br />improvement which will infringe upon a public easement: <br />To access the City's easement for installation of fiber optic conduits within twenty (20) foot Utility <br />Easement, per the attached exhibit "A" dated 2020/10/28 and consisting of nine (9) pages. <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 />LOT ONE (1) OF MARTINS'S THIRD SUBDIVISION, CITY OF GRAND ISLAND, HALL COUNTY, <br />NEBRASKA <br />3. LICENSEE'S DUTIES AND RISKS. It is understood and agreed that the Licensee may construct, <br />maintain, repair and utilize the above described improvement at the Licensee's sole risk. The Licensee <br />hereby waives any claim for damages against the Licensor, its officers, employee, agents and independent <br />contractors for any damage or injury that may result to said improvement. If the Licensor, in its sole <br />discretion, determines that any part or all of the improvement must be removed or is damaged by the <br />Licensor, its employees, agents or independent contractors working for the Licensor during the course of <br />their employment or duties with the Licensor, the Licensee agrees to assume and pay all costs relating to <br />the replacement or repair of the improvement. Licensee indemnifies and holds the City harmless from and <br />against all claims arising out of the use or occupancy allowed under this agreement. <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, , as well as submitting an <br />approved traffic control plan prior to commencement of any work. Locate flags shall be removed after <br />the excavation work has been determined to be complete. <br />ENTERED AS INSTRUMENT NO <br />