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202304382
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Last modified
8/24/2023 4:09:28 PM
Creation date
8/24/2023 4:09:27 PM
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DEEDS
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202304382
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202.304382 <br />adjacent to the Licensor's public utility easement to which this License Agreement shall apply: <br />LOT 10, BLOCK 1, IN PLEASANT VIEW ADDITION TO THE CITY OF GRAND ISLAND, HALL COUNTY, <br />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 any <br />claim for damages against the Licensor, its officers, employee, agents and independent contractors for any <br />damage or injury that may result to said improvement. If the Licensor, in its sole discretion, determines that any <br />part or all of the improvement must be removed or is damaged by the Licensor, its employees, agents or <br />independent contractors working for the Licensor during the course of their employment or duties with the Licensor, <br />the Licensee agrees to assume and pay all costs relating to the replacement or repair of the improvement. <br />Licensee indemnifies and holds the City harmless from and against all claims arising out of the use or occupancy <br />allowed under this agreement. <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, <br />Should the Grand Island Utility Department need to replace a power pole and remove a portion of the fence this <br />will be at the proeprty owner's expense. <br />If enclosing on the southeast end of property a minimum of 48" gate 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 />
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