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LA -23-49 3300 PLATTE ST CASH oc CHECK REFUNDS: CASH CHECK ^, RECORDED 0 HALL CO! Jf TY NE INST 202U OO 192 2024 FE5 2b P 2: 49 fV Please return to: Catrina DeLosh Public Works Department PO Box 1968 Grand Island, NE 68802 This Space Reserved for Register of Deed License Agreement KRISTI I WOLD REGISTER OF DEEDS This License Agreement is made by and between the CITY OF GRAND ISLAND, NEBRASKA, a municipal Corporation, herein referred to as the "Licensor" and Mark Wilkinson Grand Island Fat Dogs, LLC . , Owner, hereinafter referred to as the "Licensee". 1. STATEMENT OF PURPOSE. The purpose of this License Agreement is to set forth the terms and conditions, under which the Licensee may construct, maintain, repair, and utilize the following described improvement which will infringe upon a public utility easement: Installation, maintenance and repair of two (2) light poles, storm grate inlet, bollard of barrier rail, retaining wall and concrete flume to encroach in the City's public utility easement to serve 3300 Platte St Project No. 111650.00, per the attached Exhibit "A", dated 2023/11/30 and consisting of one (1) page. 2. DESCRIPTION OF LICENSEE'S REAL ESTATE. The Licensee owns the following described real estate adjacent to the Licensor's public utility easement, to which this License Agreement shall apply: LOT ONE (1), WILKINSON SUBDIVISION, ALDATOWNSHIP, IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA 3. LICENSEE'S DUTIES AND RISKS. It is understood and agreed that the Licensee may construct, maintain, repair and utilize the above described improvement at the Licensee's sole risk. The Licensee hereby waives any claim for damages against the Licensor, its officers, employee, agents and independent contractors for any damage or injury that may result to said improvement. If the Licensor, in its sole discretion, determines that any part or all of the improvement must be removed or is damaged by the Licensor, its employees, agents or independent contractors working for the Licensor during the course of their employment or duties with the Licensor, the Licensee agrees to assume and pay all costs relating to the replacement or repair of the improvement. Licensee indemnifies and holds the City harmless from and against all claims arising out of the use or occupancy allowed under this agreement. Licensee is responsible for their contractor obtaining a Right -of -Way permit from the City of Grand Island Public Works Department, as well as submitting an approved traffic control plan prior to commencement of any work. Locate flags shall be removed after the "excavator" has determined the work is complete. Licensee shall coordinate any and all work with the City of Grand Island, their consultant, and contractor to eliminate any interference with know/marked City utilities. Any interference with City utilities shall be addressed immediately and at the expense of the Licensee.