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202109 14 <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 "excavator" has determined the <br />work Is complete. <br />Licensee shall coordinate any and all work with the City of Grand Island, their consultant, and <br />contractor to eliminate any interference with know/marked City utilities. Any interference with City <br />utilities shall be addressed immediately and at the expense of the Licensee <br />4. PROTECTION OF EXISTING UTILITIES. The Licensee is responsible for locating and coordinating original <br />construction and future maintenance work on the described improvement. No excavation work will be permitted in <br />the area of underground utility facilities until all such facilities have been located and identified to the satisfaction of <br />all parties. The excavation must be done with care in order to avoid any possibility of damage to the utility facility. <br />The Licensee shall be responsible for any and all damages, Non City utility infrastructure shall not parallel a water <br />main closer than three (3) feet. There is an underground electrical line that parallels the proposed run, a minimum <br />of three (3) feet separation is required. <br />5. RESTORATION OF PROPERTY. If the construction or maintenance of the improvement identified in Paragraph <br />1 above requires the excavation of earth, removal of hard surfacing, grass, vegetation, landscaping, or any other <br />disruption of the surface of the public right-of-way or neighboring property, the Licensee shall restore the surface of <br />the area to the same condition as it 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 Public Works <br />Director/City Engineer of the City of Grand Island as dated below. It shall continue for an indefinite term or until <br />such time as it is terminated as provided hereafter. <br />7. TERMINATION. This License Agreement shall terminate upon one or more of the following occurrences: <br />(a) The service of sixty (60) days written notice of intention to terminate by any party upon the other party. <br />(b) The Licensee's application for a permit to alter said improvement or any part thereof, unless said permit is <br />for work due to an occurrence as described in Paragraph 3 above and said work has the prior written approval <br />of the Licensor. <br />(c) The Licensee's construction or installation of any structure or improvement of any nature upon the City's <br />property, public right-of-way, or easement owned by the Licensor except that described in Paragraph 1 above. <br />Upon the termination of this License Agreement, the Licensee shall be required, and hereby agrees, to remove <br />said improvement from the Licensor's property at its own expense and without cost to the Licensor. Said removal <br />to occur no later than sixty (60) days after receipt of the notice of intention to terminate or any of the occurrences <br />set forth in Paragraph 7 above. Should the Licensee fail to do so, the Licensor may remove or cause the removal <br />of said improvement from the Licensor's property and the Licensee agrees to reimburse the Licensor for all its <br />costs. <br />8. SUCCESSORS AND ASSIGNS. This agreement shall be binding upon the parties hereto, their successors and <br />assigns. <br />9. ENTIRE AGREEMENT. This License Agreement constitutes the entire agreement between the parties <br />notwithstanding any other oral or written agreements to the contrary. This License Agreement shall be amended <br />only in writing executed by all parties hereto. <br />10. CHOICE OF LAWS. This License Agreement shall be construed in accordance with the laws of the State of <br />Nebraska and the City of Grand Island, Nebraska. <br />11. CONTENT OF LANGUAGE. Wherever the context of the language in this License Agreement is appropriate, <br />the singular shall apply to the plural and the plural shall apply to the singular. <br />DATED: _ 1,� uYo,,,Y 2 , Z2.1 , <br />