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202400554
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Last modified
2/7/2024 2:16:44 PM
Creation date
2/7/2024 2:13:51 PM
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DEEDS
Inst Number
202400554
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202400554 <br />4. PROTECTION OF EXISTING UTILITIES. The Licensee is responsible for locating and coordinating original construction <br />and future maintenance work on the described improvement. No excavation work will be permitted in the area of <br />underground utility facilities until all such facilities have been located and identified to the satisfaction of all parties. The <br />excavation must be done with care in order to avoid any possibility of damage to the utility facility. The Licensee shall be <br />responsible for any and all damages, A maintenance plan/schedule for proposed equipment to be mounted on signal pole <br />shall be provided as part of this agreement. <br />Please note the below will be requirements to allow the attachment to the traffic signal pole: <br />1. Attached equipment can not block full visibility of traffic signal indications, including pedestrian walk/don't walk. <br />2. Traffic signal heads will not be moved or adjusted to accommodate requested equipment attachment. <br />3. No drilling into the traffic signal pole; all banding, wiring, etc shall be external to the pole. <br />5. RESTORATION OF PROPERTY. If the construction or maintenance of the improvement identified in Paragraph 1 <br />above requires the excavation of earth, removal of hard surfacing, grass, vegetation, landscaping, or any other disruption <br />of the surface of the public right-of-way or neighboring property, the Licensee shall restore the surface of the area to the <br />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 such time <br />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 for work <br />due to an occurrence as described in Paragraph 3 above and said work has the prior written approval of the Licensor. <br />(c) The Licensee'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 Licensor except that described in Paragraph 1 above. <br />Upon the termination of this License Agreement, the Licensee shall be required, and hereby agrees, to remove said <br />improvement from the Licensor's property at its own expense and without cost to the Licensor. Said removal to occur no <br />later than sixty (60) days after receipt of the notice of intention to terminate or any of the occurrences set forth in <br />Paragraph 7 above. Should the Licensee fail to do so, the Licensor may remove or cause the removal of said improvement <br />from the Licensor's property and the Licensee agrees to reimburse the Licensor for all its costs. <br />8. SUCCESSORS AND ASSIGNS. This agreement shall be binding upon the parties hereto, their successors and assigns. <br />9. ENTIRE AGREEMENT. This License Agreement constitutes the entire agreement between the parties notwithstanding <br />any other oral or written agreements to the contrary. This License Agreement shall be amended only in writing executed by <br />all parties hereto. <br />10. CHOICE OF LAWS. This License Agreement shall be construed in accordance with the laws of the State of Nebraska <br />and the City of Grand Island, Nebraska. <br />11. CONTENT OF LANGUAGE. Wherever the context of the language in this License Agreement is appropriate, the <br />singular shall apply to the plural and the plural shall apply to the singular. <br />DATED: maw LlQl uJ l�illlT <br />LICENSOR: <br />CITY OF GRAND ISLAND, NEBRASKA <br />A Municipal oration, <br />By: . <br />eith Kurz, PE - lic Works Director/City Engineer <br />STATE OF NEBRASKA ) <br />ss <br />COUNTY OF HALL <br />YW I L . I L/�J <br />On this day of let , 20 � "` before me, the undersigned, a Notary Public, qualified in <br />said County personally came Keith Kurz, PE - Public Works Director/City Engineer for the City of Grand Island, Nebraska, <br />a municipal corporation, known to me to be such officer and the identical person who signed the foregoing License <br />Agreement and acknowledged that the foregoing signature was her voluntary act and deed, and that the City's corporate <br />seal wasth- • . :::.: •• 1 •n <br />State of Nebraska - General otary <br />CATRINA M DELOSH <br />My Commission Expires <br />'L <br />August 10, 2027 <br />*tug <br />1 -m)z-1 QLLILtCJ <br />
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