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202200414 HIGHWAY RIGHT OF WAY LINE, SAID HIGHWAY RIGHT OF WAY LINE BEING ON A 2,949.79 FOOT RADIUS CURVE TO THE LEFT (INITIAL TANGENT OF WHICH FORMS AN ANGLE OF 83 DEGREES 51 MINUTES RIGHT FROM SAID EAST LINE) A DISTANCE OF 1,067.9 FEET; THENCE NORTHWESTERLY ON A LINE WHICH FORMS AN ANGLE OF 57 DEGREES 48 MINUTES RIGHT FROM THE FINAL TANGENT OF THE LAST DESCRIBED CURVE A DISTANCE OF 263.3 FEET THENCE NORTHERLY 60 DEGREES 38 MINUTES RIGHT A DISTANCE OF 701.0 FEET TO THE POINT OF BEGINNING, CONTAINING 12.68 ACRES, MORE OR LESS, WHICH INCLUDES 0.52 ACRE, MOR OR LESS, PREVIOUSLY OCCUPIED AS A PUBLIC HIGHWAY, THE REMAINING 12.16 ACRES, MOR OR LESS, BEING THE ADDITIONAL ACREAGE HERBY SECURED. 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. Conduit shall not be placed between the City's traffic signal cabinet and connecting traffic signal conduit/poles. Conduit must be offset a minimum of five (5) feet from the base of any traffic signal cabinet; traffic signal pole, or traffic signal pull box. Contactor will be required to obtain a Right -of -Way Construction permit to work in the ROW (including a traffic control plan) before any physical work is to take place. Locate flags shall be removed after the "excavator" has determined the work is complete. IF SIGNAL CONDUIT/WIRE HAS TO BE CROSSED THE NEW LINE SHALL BE A MINIMUM OF SIX (6) FEET DEEP WHERE CROSSING AND THE EXSTING SIGNAL CONDUIT SHALL BE POTHOLED AND VERIFIED ON-SITE PRIOR TO BORING 4. PROTECTION OF EXISTING UTILITIES. The Licensee is responsible for locating and coordinating original construction and future maintenance work on the described 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 shall be responsible for any and all damages, There is an underground electrical Zine along the south side of Old Potash Highway, the proposed finder cable installation shall be a minimum of three (3) feet away from this line. 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 right-of-way or neighboring property, the Licensee shall restore the surface of the area to the same condition as it existed immediately prior to the Licensee's work in the area. 6. 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: (a) The service of sixty (60) days written notice of intention to terminate by any party upon the other party. (b) The Licensee's application for a permit to alter 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 has the prior written 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 the Licensor except that described in Paragraph 1 above.