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RWEI-23-87 777 FONNER PARK RD E CASH $' (A) CHECK REFUNDS: CASH CHECK fV W� Rc.t, cy)� HALL s 'TY NE co" INST 2073 0 b 3 13 2023 EEC -LI /y II: I CI Please return to: Catrina DeLosh Public Works Department PO Box 1968 Grand Island, NE 68802 r: RiJ I 1 � REGISTER OF DEEDS This Space Reserved for Register of Deed Right-of-Way/Easement Utility Permit This Right-of-Way/Easement Utility Permit is granted by the CITY OF GRAND ISLAND, NEBRASKA, a municipal Corporation, herein referred to as the "Permitor" and NebraskaLink Holdings, LLC. dba OPTK Networks, hereinafter referred to as the "Permittee". 1. STATEMENT OF PURPOSE. The purpose of this Permit is to set forth the terms and conditions, under which the Permittee may construct, maintain, repair, and utilize the following described installation/improvement which will infringe upon a public right of way: To access the city's public right of way for fiber optics construction to serve 777 E Fonner Park Rd, Project No. 913229, per the attached Exhibit "A", dated 2023/11/14 and consisting of nine (9) pages. 2. DESCRIPTION OF PERMITEE'S UTILITY LOCATION. The Permittee owns the infrastructure within the Permitor's public right of way to which this Right-of-Way/Easement Utility Permit shall apply: A TRACT OF LAND LOCATED IN PAR! OF THE WEST 1/2 OF THE SOUTHEAST 1/4 OF SECTION TWENTY-TWO (22), TOWNSHIP ELEVEN (11) NORTH, RANGE NINE (9), WEST OF THE 6TH P.M., GRAND ISLAND, HALL COUNTY, NEBRASKA. 3. PERMITEE'S DUTIES AND RISKS. It is understood and agreed that the Permittee may construct, maintain, repair and utilize the above described installation/improvement at the Permittee's sole risk. The Permittee hereby waives any claim for damages against the Permitor, its officers, employee, agents and independent contractors for any damage or injury that may result to said installation/improvement. If the Permitor, in its sole discretion, determines that any part or all of the installation/improvement must be removed or is damaged by the Permitor, its employees, agents or independent contractors working for the Permitor during the course of their employment or duties with the Permitor, the Permittee agrees to assume and pay all costs relating to the replacement or repair of the installation/improvement. Permittee indemnifies and holds the City harmless from and against all claims arising out of the use or occupancy allowed under this permit.