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m - t9 INS CO Ni Please return io. LA -21-24 Cairns DeLosn Pudic Works Department FO Ban 1968 Grand Island, NE 68902 n c nLn Tarn soar Rase!rad tot Armtlet or Demi License Agreement Cr) to -3) Page 1 of 2 Fr, This License Agreement is made by and between the CITY OF GRAND ISLAND, NEBRASKA. a municipal Corporation, herein referred to as the 'Licensor and QWEST CORPORATION d/b/a CENTURYUNK QC & . 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 rphl • of way for instalraeon of Owest Corporation dba CenturyLink OC fiber cable in connection with North Road Paving Improvements; Project No. 2019-P-5, from 13th Street to Highway 2 Such fiber will serve the area of North Road from 13th Street to Capital Avenue, per the attached exhibit. "A', dated 2020!5,27 and consisting of eleven 1111 pages. 2. DESCRIPTION OF UCENSEE'S REAL ESTATE. The Licensee owns the following described real estate adjacent to the Licensors public right of way to which this License Agreement shall apply: PUBLIC RIGHT-OF-WAY IN THE AREA OF NORTH ROAD FROM 13th STREET TO CAPITAL AVENUE, GRAND ISLAND, HALL COUNTY, NEBRASKA 3 UCENSEE'S DUTIES AND RISKS. It ,s understood and agreed that the Licensee may construct maintain, repair and utilize the above described improvement al the Licensee's sole risk. The Licensee hereby waives any claim for damages against the Licensor, its officers, employee, agents and ',dependent contractors for any damage or mjusy that may result to said improvement. If the Licensor. In Its sale 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 end pay all costs relating to the replacement or repair of the Improvement Licensee kdeinndies and holds the City harmless from and against all claims arising out of the use or occupancy *Wowed under this agreement Licensee shall coordinate any and all work with the City of Grand island, their consultant, and contractor to eliminate any interference with knowlmarked City utilities. Any interference with City utilities shall be addressed immediately end at the expense of the Licensee. JEO shall be contacted so as to avoid conflicts of currant work taking piece along North Road. Licensee is responsible for their contractor obtainings Right -of -Way permit from the City of Grand Island Public Works Department, as well as submitting an approved freIEc control plan prior to commencement o/ work. Locate Rags shall be removed atter the excavation work has been determined to be complete. 4 PROTECTION OF EXISTING UTILITIES. The Licensee is responsible for locating and coordinating original construction and Miura maintenance wart on the desarhbed 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 shalt be responsible for any and all damages, There are several underground electrical lines that the proposed Installation ciosses. which will need to be located and carefully avoided A three (3) foot separation must be maintained for all non•City utilities paralleling a water main 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 tight -of -way or neighboring properly, the Licensee shall restore the sudace of the area to the same condition as it existed Immediately prior to the Licensee's wort in the area 8. 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: tel The service of sixty (80) days written notice of intention to terminate by any party upon the other party. (bi The Licensee's application fora permit to alter sad improvement or any part thereof, unless said permit is for work due to an occurrence as described in Paragraph 3 above and said work has the prior written approval of the Licensor. (c) The Licensee's construction or installation of any structure or improvement of arty nature upon the City's property, public right-of-way, or easement owned by the Licensor except that described in Paragraph 1 above. Upon the termination of this License Agreement. the Licensee shall be required, and hereby agrees, to remove said improvement from the Licensors properly at Its awn expense and without cost to the Licensor. Said removal to occur no later than sixty (60) days after receipt of the notice of intention to terminate or any of the dceurramcas sat forth in Paragraph 7 above Should the Licensee fail to do so, the Licensor may remove or cause the removal of said improvement from the Licensors properly and the Licensee agrees to reimburse the Licensor for all its costs https://grandisland.viewpointcloud.comitrack/470/step/3040 6/3/2021 ENTERED AS INSTRUMENT NO