202103329 - Laserfiche WebLink

Browse

4/14/2021 Please return to: Catrina DeLosh Public Works Department PO Box 1968 Grand Island, NE 68802 This Space Reserved for Register of Deed License Agreement 20210332q This License Agreement is made by and between the CITY OF GRAND ISLAND, NEBRASKA, a municipal Corporation, herein referred to as the "Licensor" and NEBRASKALINK HOLDINGS, LLC DBA OPTK NETWORKS, Owner, 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 a public right of way: To access the City's public right of way for installation of fiber cable to serve 3533 Prairieview Street, per the attached exhibit "A" dated 2021/4/12 and consisting of nine (9) pages. 2. DESCRIPTION OF LICENSEE'S REAL ESTATE. The Licensee owns the following described real estate adjacent to the Licensor's public right of way to which this License Agreement shall apply: LOT ONE (1), PRAIRIE COMMONS SECOND SUBDIVISION, CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA. 3. LICENSEE'S DUTIES AND RISKS. It is understood and agreed that the Licensee may construct, maintain, repair and utilize the above described improvement 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 said improvement. 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 indemnifies and holds the City harmless from and against all claims arising out of the use or occupancy allowed under this agreement. Conduit shall not be placed between the City's traffic signal cabinet and connecting traffic signal condult/poles. Conduit must be offset a minimum of five (5) feet from the base of any traffic signal cabinet, traffic signal pole, or traffic signal pull box. If signal conduit/wire has to be crossed the new line shall be a minimum of six (6) feet deep where crossing and the existing signal conduit shall be potholed and verified onsite prior to boring. Contractor will be required to obtain a permit to work in the ROW (including a traffic control plan) before any physical work is to take place. Locate flags shall be removed after the "excavator" has determined the work Is complete. 4. PROTECTION OF EXISTING UTILITIES. The Licensee is responsible for locating and coordinating original construction and future maintenance work on the described improvement. No excavation work will be permitted in the area of underground utility facilities until all such facilities have been located and identified to the satisfaction of all parties. The excavation must be done with care in order to avoid any possibility of damage to the utility facility. The Licensee shall be responsible for any and all damages. Must maintain three (3) foot clearance from the outside wall of the twenty (20) inch water main when paralleling. The transformer and utility easement must me avoided. 5. RESTORATION OF PROPERTY. If the construction or maintenance of the improvement identified in Paragraph 1 above requires the excavation of earth, removal of hard surfacing, grass, vegetation, landscaping, or any other disruption of the surface of the public right-of-way or neighboring property, the Licensee shall restore the surface of the area to the same condition as it existed immediately prior to the Licensee's work in the area. 6. EFFECTIVE DATE. This License Agreement shall take effect on the date it is executed by the Public Works Director/City Engineer of the City of Grand Island as dated below. It shall continue for an indefinite term or until such time as it is terminated as provided hereafter. 7. TERMINATION. This License Agreement shall terminate upon one or more of the following occurrences: (a) The service of sixty (60) days written notice of intention to terminate by any party upon the other party. (b) The Licensee's application for a permit to alter said improvement or any part thereof, unless said permit is for work due to an occurrence as 1/2