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Please return 10: LA -21-15 Canna Delosh Public works Department PO Box 1968 Grand Island, NE 861102 Tror Some liewvee ler Remo" of Moo License Agreement Page 1 of 2 ON IN3WI1I1SN1 Sb Q31131N3 This License Agreement is made by and between the CITY OF GRAND ISLAND, NEBRASKA. a municipal Corporation, herein referred to es the `Licensol and QWEST CORPORATION dibfe CENTURYLINK OC d . Owner. hereinafter referred to as the 'Licensee' - 1. STATEMENT OF PURPOSE. The purpose of this License Agreement 4 to set forth the lens and conditions, under which the Licensee may construct, maintain, repair, and Mae the ldlowing descnbed Improvement which will infringe upon a pubbc right of way: To access the City's public right-of-way for installation of Ouest Corporation dba CemuryLink OC fiber to serve 606 - 612 North Diers Avenue, per the attached exhibit "A", dated 2021/5/5 and consisting of one (1) page. 2. DESCRIPTION OF LICENSEES 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: LOT TWELVE (12), RICHMOND SUBDIVISION. IN THE CITY OF GRAND ISLAND. HALL COUNTY. NEBRASKA. 3 LICENSEES DUTIES AND RISKS it is understood and agreed that the Licenses may cons*ucL maintain. repair Inc utilize the above described Improvement at the Licensee's sok risk The Licensee hereby waves any claim for damages against the Licensor. its officers, employee. agents and independent contractors for any damage or Injury that may result to said c provemenl. II the Licensor. In its sole discretion, determines that any pan or all of the Improvement must be removed or is damaged by the Licenser. ib 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 al costs relating to the replacement or repair of the Improvement Licensee indemnifies and holds the City harmless from and against all claims ening out of fir use or occupancy allowed uMer this agreement Licensee shall coordinate any and ell work with the Crly of Greed island, their consultant, and contractor to eliminate any interference with Chy utIhles. Any interference *OM City atMares shall be addressed Immediately and at the s301/en5e of the Licensee. Lkansw if respoaab% for their contractor obtaining a Right -of -Way permit from the City of Grand Island Public Works Deperbn.ns, as wag as submitting an approved traffic control plan prior to commencement of any work. Locate gags shelf be removed after the excavation work has boon defanNned to be complete. 4. PROTECTION OF EXISTING UTILITIES The Licensee is responsible for locating and coordinating ongnet construction and Mure maintenance work 011 to described Improvement. No excavation work will be permitted In tate rata of underoround utility facilities until al such facilities have been located and identified to the ssaisfeceon of alt parties. The excavation must be done with care In order to avoid any possibility of damage to the utility Nobly. The Licensee she, be responsible ice any and al damages, Nan City utility Infrastructure shill not pralel a water main biose than three (3) feel There is a pad mount electrical transformer on the northwest Comer of the building at 612 North Diens with underground eiecktcal Ione mmnng west which will need to be cerelully avoided 5. RESTORATION OF PROPERTY If the construction or mamtenanoe of the improvement identified in Paragraph 1 above requires the excavation of earth, remain of hard surfacing, pass, vegetation, lendscapng, or any other disruption of lie surface of the public right-of-way or neighborng property, the Licensee shall ream the surface of the area to the same condleon as it existed Immediately prior to the Licensee's work in the area 8. EFFECTIVE 047'E. TMs License Agreement shag take effect on the dirk it Ice created by the Public Works Director/City Engineer of the City of Grand Island as dated below. 11 shall continue for an indefinite tem or until such eine as it is terminated as provided hereafter. 7 TERMINAnoN. This License Agreement shall terminate upon ono or mon of the following occurrences: (a) The service of sixty (60) days wntien notice al intention to le m mak by any parry upon the other parry. (9) The Licensee's application Ira pend to atter said improvement or any part thereof. unless said permit is for work due to an occurrence as described in Paragraph 3 above and said work bas he pnor women approval of the Licensor (c) The Licensee's construction or installation of any structure or improvement of any nature upon the City's property, public right-of-way, or easement owned by fie Llcehsa 113109* that described in Paragraph 1 above. Upon the terminahon of this License Agreement, the Licensee shah be required. and hereby agrees, to remove said improvement horn the Licensors property at its oaa expense and without cast to the Licensor Said removal to occur no later than sixty (60) days arta receipt of se notice of intention to terminate or any W the oraementes sal font in to Paragraph 77 the lovie. Shouldrt a iLiLi ense fad to ddo so, the Licensor may remove or cause the removal of said improvement from the Licensors property and the Licensee agrees 8. SUCCESSORS AND ASSIGNS. This agreement shell be binding upon the parties hereto, their successors and assigns. https://grandisland.viewpointcloud.com/tracW375/step/2302 6/7/2021