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202206636 <br />Corporation, herein referred to as the "Licensor" and YOUNG MENS CHRISTIAN ASSOCIATION aka <br />YMCA & , Owner, hereinafter referred to as the "Licensee". <br />1. STATEMENT OF PURPOSE. The purpose of this License Agreement is to set forth the terms and conditions, <br />under which the Licensee may construct, maintain, repair, and utilize the following described improvement <br />which will infringe upon a public right of way: <br />Access the City's public right-of-way for expansion of parking lot to serve 221 East South Front Street, per <br />the attached Exhibit "A" dated 2022/7/7 and consisting of eight (8) pages. <br />2. DESCRIPTION OF LICENSEE'S REAL ESTATE. The Licensee owns the following described real estate adjacent <br />to the Licensor's public right of way to which this License Agreement shall apply: <br />ALL OF BLOCKS 52 & 53 & PART OF VACATED KIMBALL AVENUE, ORIGINAL TOWN TO THE CITY OF GRAND <br />ISLAND, HALL COUNTY, NEBRASKA. <br />3. LICENSEE'S DUTIES AND RISKS. It is understood and agreed that the Licensee may construct, maintain, <br />repair and utilize the above described improvement at the Licensee's sole risk. The Licensee hereby waives <br />any claim for damages against the Licensor, its officers, employee, agents and independent contractors for <br />any damage or injury that may result to said improvement. If the Licensor, in its sole discretion, determines <br />that any part or all of the improvement must be removed or is damaged by the Licensor, its employees, <br />agents or independent contractors working for the Licensor during the course of their employment or duties <br />with the Licensor, the Licensee agrees to assume and pay all costs relating to the replacement or repair of the <br />improvement. Licensee indemnifies and holds the City harmless from and against all claims arising out of the <br />use or occupancy allowed under this agreement. <br />Licensee is responsible for their contractor obtaining a Right -of -Way Construction permit from the City <br />of Grand Island Public Works Department, as well as submitting a 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 />