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202102136
<br />fXHIBTT "A"
<br />RIGHT OF WAY AGREEMENT
<br />This Right of Way Agreement (hereafter, "Agreement") is made and entered into by and
<br />between Northcott Company and the City of Grand Island, Nebraska (collectively, the "Parties").
<br />A. Recitals
<br />WHEREAS, the City of Grand Island, Nebraska, seeks to obtain a right of way across
<br />certain portions of Northcott Company's real property located at 106 Wilmar Avenue, Grand
<br />Island, Nebraska, 68803, more particularly described in Exhibit 1 to this Agreement in connection
<br />with
<br />the
<br />construction of the Old Potash Highway Paving Improvements, Project No. 2019-P-1
<br />(hereafter, "Project").
<br />WHEREAS, Northcott Company has agreed to grant a right of way to the City of Grand
<br />Island, Nebraska, on certain parts of Northcott Company's real property as more particularly
<br />described in the attached Exhibit 1, subject to the terms and conditions stated in this Agreement.
<br />NOW, THEREFORE, in consideration of the promises and covenants set forth in this
<br />Easement, the Parties agree as follows:
<br />B. Agreement
<br />1. The recitals set forth above are fully incorporated herein and are made a part of this
<br />Easement as if fully set forth herein.
<br />2. Northcott Company (hereafter, "Grantor"), for and in consideration of the sum of
<br />Sixty -Six Thousand, One Hundred Eighty Dollars ($66,180.00) (hereafter, "ROW Funds") and the
<br />performance of the covenants and agreements stated herein, does hereby grant and convey to the
<br />City of Grand Island, Nebraska, ("Grantee") a right of way on that portion of Grantor's real
<br />property more particularly described in the attached Exhibit 1 (hereafter, "ROW"). Grantee shall
<br />pay and deliver the ROW Funds to Grantor do Julie Roettger, 600 Market Street, Ste. #230,
<br />Chanhassen, Minnesota, 55317, by on or before December 31, 2020.
<br />3. Grantee has represented to Grantor that Grantee and/or its employees, agents,
<br />and/or contractors intends to build a retaining wall on the ROW in connection with the Project.
<br />Grantee agrees, represents, and warrants that the retaining wall will be built in the ROW and that
<br />no part of the retaining wall will be constructed on Grantor's real property adjacent to the ROW.
<br />Grantee further agrees that Grantee owns the retaining wall and that it is Grantee's responsibility
<br />to maintain the retaining wall. Grantee agrees that Grantor is not responsible for maintaining,
<br />repairing, replacing, or fixing the retaining wall.
<br />4. Grantee covenants to maintain the ROW in good repair and in a safe condition such
<br />that Grantor's land, property, and improvements that are adjacent to the ROW are not damaged,
<br />injured, destroyed, or incapable of use.
<br />Page 1 of 5 EXHIBIT ZZ
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