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202107260 <br />to the replacement or repair of the improvement. Licensee indemnifies and holds the City harmless from <br />and against all claims arising out of the use or occupancy allowed under this agreement. <br />Licensee is responsible for their contractor obtaining a Right -of -Way permit from the City of Grand <br />Island Public Works Department, as well as submitting an approved traffic control plan prior to <br />commencement of any work. Locate flags shall be removed after the excavation work has been <br />determined to be complete. <br />The crossings that cannot be avoided require a six (6) foot minimum depth when crossing signal <br />conduit/wire, with the lines potholed and verified on-site prior to boring. Contact the Street Division at <br />308-385-5322 for assistance. <br />4. PROTECTION OF EXISTING UTILITIES. The Licensee is responsible for locating and <br />coordinating original construction and future maintenance work on the described improvement. No <br />excavation work will be permitted in the area of underground utility facilities until all such facilities have <br />been located and identified to the satisfaction of all parties. The excavation must be done with care in <br />order to avoid any possibility of damage to the utility facility. The Licensee shall be responsible for any <br />and all damages. Underground electric lines run perpendicular to the proposed installation at the north <br />end of the run along Webb Road, east of the Walgreens entrance, west of Allen Drive, west of the private <br />drive between Raising Canes and the old Ruby Tuesday and at the very end of the proposed installation. <br />Care will need to be taken to avoid these lines. Our depth is usually in the 3' to 4' range. There is also <br />sanitary sewer main on the south side of 13th Street from US Highway 281 west to the outfall ditch, as <br />well as a private line within the Conestgoa Mall property that will be crossed. These areas require <br />extreme caution when working. <br />5. RESTORATION OF PROPERTY. If the construction or maintenance of the improvement <br />identified in Paragraph 1 above requires the excavation of earth, removal of hard surfacing, grass, <br />vegetation, landscaping, or any other disruption of the surface of the utility easement, public right-of-way, <br />or neighboring property, the Licensee shall restore the surface of the area to the same condition as it <br />existed immediately prior to the Licensee's work in the area. <br />6. EFFECTIVE DATE. This License Agreement shall take effect on the date it is executed by the <br />Public Works Director / City Engineer of the City of Grand Island as dated below. It shall continue for an <br />indefinite term or until such time as it is terminated as provided hereafter. <br />7. TERMINATION. This License Agreement shall terminate upon one or more of the following <br />occurrences: <br />(a) The service of written notice of intention to terminate by licensee and the removal of any <br />improvements infringing upon the City's property, right-of-way, or easement. <br />(b) The Licensee's application for a permit to alter said improvement or any part thereof, <br />unless said permit is for work due to an occurrence as described in Paragraph 3 above and said work has <br />the prior written approval of the Licensor. <br />(c) The Licensee's construction or installation of any structure or improvement of any nature <br />upon the real estate owned by the Licensor except that described in Paragraph 1 above. <br />(d) The City may revoke this agreement at any time. <br />21 Page <br />USA COMMUNICATIONS LICENSE AGREEMENT <br />3404 W 13`h Street <br />