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202204342
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Last modified
6/14/2022 11:03:56 AM
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6/14/2022 11:02:28 AM
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DEEDS
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202204342
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Drainage in roadway side and cross ditches must be maintained at all times. The entire right-of-way/easement <br />affected by work under a permit must be restored to as good a condition as existed prior to beginning work to <br />the complete satisfaction of the City Engineer. <br />202204342 <br />6. EFFECTIVE DATE. This Right-of-Way/Easement Utility Permit shall take effect on the date it is executed <br />by the 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 Right-of-Way/Easement Utility Permit shall terminate upon one or more of the <br />following occurrences: <br />(a) The service of sixty (60) days written notice of intention to terminate by any party upon the other party. <br />If there is a valid Franchise Agreement between the Permitor and Permitee, the termination provisions in <br />that agreement shall supercede. <br />(b) The Permittee's application for a permit to alter said improvement or any part thereof, unless said <br />permit is for work due to an occurrence as described in Paragraph 3 above and said work has the prior <br />written approval of the Permitor. <br />(c) The Permittee's construction or installation of any structure or improvement of any nature upon the <br />City's property, public right-of-way, or easement owned by the Permitor except that described in Paragraph <br />1 above. <br />Upon the termination of this Right-of-Way/Easement Utility Permit, the Permittee shall be required, and hereby <br />agrees, to remove said improvement from the Permitor's property at its own expense and without cost to the <br />Permitor. Said removal to occur no later than sixty (60) days after receipt of the notice of intention to terminate <br />or any of the occurrences set forth in Paragraph 7 above. Should the Permitee fail to do so, the Permitor may <br />remove or cause the removal of said improvement from the Permitor's property and the Permittee agrees to <br />reimburse the Permitor for all its costs. <br />8. SUCCESSORS AND ASSIGNS. This permit shall be binding upon the parties hereto, their successors and <br />assigns. <br />9. ENTIRE PERMIT. This Right-of-Way/Easement Utility Permit constitutes the entire permit between the <br />parties notwithstanding any other oral or written permits to the contrary. This Right-of-Way/Easement Utility <br />Permit shall be amended only in writing executed by all parties hereto. <br />10. CHOICE OF LAWS. This Right-of-Way/Easement Utility Permit shall be construed in accordance with the <br />laws of the State of Nebraska and the City of Grand Island, Nebraska. The rights and privileges granted herein <br />shall be nonexclusive and shall not be construed to be any broader than those expressly set out in City Code or <br />State Law, regardless of the language used in this permit and that any facilities placed on City right-of- <br />way/easement shall be placed in accordance with existing laws and the standards of the City. <br />11. CONTENT OF LANGUAGE. Wherever the context of the language in this Right-of-Way/Easement Utility <br />Permit is appropriate, the singular shall apply to the plural and the plural shall apply to the singular. <br />DATED: JIJi"112)W, 0 2 Z , <br />PERMITOR: <br />CITY OF GRAND ISLAND, NEBRASKA <br />A Municipal Corporation, <br />
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