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1/23/24, 8:24 AM about:blank <br />202400442 <br />the installation/improvement. Permittee indemnifies and holds the City harmless from and against all claims arising <br />out of the use or occupancy allowed under this permit. <br />All facilities thereto, after having been erected, shall at all times be subject to inspection and the right is reserved to <br />require such changes, additions, repairs, relocations and removal as may at any time be considered necessary to <br />permit the relocation, reconstruction, widening and maintaining of a City facility and to provide proper and safe <br />protection to life and property on or adjacent to City facilities, or in the interest of safety to traffic on the roadways <br />and that the cost of making such changes, additions, repairs and relocations shall be borne by the applicant, and <br />that all of the cost of the work to be accomplished under this permit shall be borne by the permittee who agrees to <br />hold the City harmless therefore. <br />Permittee is responsible for submitting an approved traffic control plan prior to commencement of any <br />work. Locate flags shall be removed after the "excavator" has determined the work is complete. <br />Permittee shall coordinate any and all work with the City of Grand Island, their consultant, and <br />contractor eliminate any interference with know/marked City utilities. Any interference with City <br />utilities shall be addressed immediately and at the expense of the Permittee. <br />4. PROTECTION OF EXISTING UTILITIES. The Permittee is responsible for locating and coordinating original <br />construction and future maintenance work on the described installation/improvement. No excavation work will be <br />permitted in the area of underground utility facilities until all such facilities have been located and identified to the <br />satisfaction of all parties. The excavation must be done with care in order to avoid any possibility of damage to the <br />utility facility. The Permittee shall be responsible for any and all damages, except to the extent that such damaged <br />facility failed to comply with the requirement of Neb. Rev. Stat. 76-2301 et seq. Must maintain minimum three (3) <br />foot horizontal separation if paralleling water mains, fire hydrants, etc, as well as minimum one (1) foot vertical <br />separation at water main crossings. <br />Must maintain minimum three (3) foot separation from electric utility primary. <br />The proposed facilities or their operation or their maintenance shall not unreasonably interfere with the facilities or <br />the operation or maintenance of the facilities of other persons, firms or corporations previously issued permits of <br />use and occupancy, and the proposed facilities shall not be dangerous to persons or property using or occupying <br />the roadway or using facilities constructed under previously granted permits of use and occupancy; and that the <br />City's records of prior permits are available, it being the duty of the applicant to determine the existence and <br />location of all facilities within the City right-of-way/easement. <br />5. RESTORATION OF PROPERTY. If the construction or maintenance of the installation/improvement identified in <br />Paragraph 1 above requires the excavation of earth, removal of hard surfacing, grass, vegetation, landscaping, or <br />any other disruption of the surface of the public right-of-way/easement or neighboring property, the Permittee shall <br />restore the surface of the area to the same condition as it existed immediately prior to the Permittee's work in the <br />area. <br />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 the <br />complete satisfaction 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 <br />Public Works Director/City Engineer of the City of Grand Island as dated below. It shall continue for an indefinite <br />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. If <br />there is a valid Franchise Agreement between the Permitor and Permitee, the termination provisions in that <br />agreement shall supercede. <br />about:blank 2/4 <br />