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202400036
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Last modified
1/3/2024 1:55:40 PM
Creation date
1/3/2024 1:46:04 PM
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DEEDS
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202400036
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202400036 <br />work under a permit must be restored to as good a condition as existed prior to beginning work to the complete satisfaction <br />of the City Engineer. <br />6. EFFECTIVE DATE. This Right-of-Way/Easement Utility Permit shall take effect on the date it is executed by the Public <br />Works 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 Right-of-Way/Easement Utility Permit shall terminate upon one or more of the following <br />occurrences: <br />(a) The service of sixty (60) days written notice of intention to terminate by any party upon the other party. If there is a <br />valid Franchise Agreement between the Permitor and Permitee, the termination provisions in that agreement shall <br />supercede. <br />(b) The Permittee's application for a permit to alter said improvement or any part thereof, unless said permit is for <br />work due to an occurrence as described in Paragraph 3 above and said work has the prior written approval of the <br />Permitor. <br />(c) The Permittee's construction or installation of any structure or improvement of any nature upon the City's property, <br />public right-of-way, or easement owned by the Permitor except that described in Paragraph 1 above. <br />Upon the termination of this Right-of-Way/Easement Utility Permit, the Permittee shall be required, and hereby agrees, to <br />remove said improvement from the Permitor's property at its own expense and without cost to the Permitor. Said removal <br />to occur no later than sixty (60) days after receipt of the notice of intention to terminate or any of the occurrences set forth <br />in Paragraph 7 above. Should the Permitee fail to do so, the Permitor may remove or cause the removal of said <br />improvement from the Permitor's property and the Permittee agrees to reimburse the Permitor for all its costs. <br />8. SUCCESSORS AND ASSIGNS. This permit shall be binding upon the parties hereto, their successors and assigns. <br />9. ENTIRE PERMIT. This Right-of-Way/Easement Utility Permit constitutes the entire permit between the parties <br />notwithstanding any other oral or written permits to the contrary. This Right-of-Way/Easement Utility Permit shall be <br />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 laws of the <br />State of Nebraska and the City of Grand Island, Nebraska. The rights and privileges granted herein shall be nonexclusive <br />and shall not be construed to be any broader than those expressly set out in City Code or State Law, regardless of the <br />language used in this permit and that any facilities placed on City right-of-way/easement shall be placed in accordance <br />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 Permit is <br />appropriate, the singular shall apply to the plural and the plural shall apply to the singular. <br />
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