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A� B owentems Please return to: Catina Detoah Public works Department PO Box 1988 Grand Island, NE 68902 rn 'rl c n z v c = .. nn = D rnV n= License Agreement r\) CC Sym This License Agreement is made by and between the CITY OF GRAND ISLAND, NEBRASKA, a municipal Corporation, herein referred to as the 'Licensor' and UNITE PRIVATE 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 to serve 3773 Sky Park Road, per the attached Exhibit 'A', dated 2021/5/11 and consisting of three (3) 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: Tract being in the Northwest Quarter of Section 35, Township 12 North, Range 9 West to the City of Grand Island, Hall County, Nebraska 3. LICENSEE'S DUTIES AND RISKS. It is understood and agreed that the Licensee may constrict, 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. Licensee is responsible for their contractor obtaining a Right -of -Way permit from the City of Grand island Public Works Department; as well as submitting a traffic control plan prior to commencement of any work Locate flags shall be removed after the "excavator" has determined the work is complete. Licensee shall coordinate any and all work with the City of Grand island, their consultant, and contractor to eliminate any Interference with know/marked City utilities. Any interference with City utilities shall be addressed Imnhediatoly and at the expense of the Licensee 4. PROTEC710N 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 ail damages, except to the extent that such damaged facility failed to comply with the requirements of Neb. Rev. Stat 76-2301 et seq.. 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 1/2