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Nam= mmi rn T C Z rn > 0 This Space Reserved for Register of Deeds VD CD r N O rV CD Q) Please return to: Catrina DeLosh Public Works Department PO Box 1968 Grand Island, NE 68802 LICENSE AGREEMENT1+0 ON IN3Wf1IISNI Sd a3I31N3 ua. -.c.D This License Agreement is made by and between the CITY OF GRAND ISLAND, NEBRASKA, a municipal Corporation, herein referred to as the "Licensor" and McCoy Meadows, L.P. OWNER, And Dana Point Development Corporation, CO-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 City property: Installation, maintenance and repair of building eaves to hang up to three (3) feet into the ten (10) foot east/west easement and a block retaining wall to be installed within ten (10) foot of the east/west easement and a portion of the fifteen (15) foot north/south easement, per attached Exhibit "A", dated 2021/9/28. 2. DESCRIPTION OF LICENSEE'S REAL ESTATE. The Licensee owns the following described real estate adjacent to the Licensor's real estate to which this License Agreement shall apply: Lot 8, Block 1; and Lots 1-5, all in Block 2, McCoy Meadows 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. 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 an approved traffic control plan prior to commencement of any work. Locate flags shall be removed after the "excavator" has determined the work is complete.