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fV 4/8/24, 8:40 AM RW EI -24-18 N i C• ?''I 07.01 8 00 Please return to: Catrina DeLosh Public Works Department PO Box 1968 Grand Island, NE 68802 This SRace Reserved for Register of Deed Right-of-Way/Easement Utility. Permit_ CHECK 1/60 CASH REFUNDS: CASH CHECK RECD7DED HALL -'P( NE 10Zy 1z`Y 49 KRISTI I t'rrOLD REGISTER OF DEEDS 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 Black Hills Nebraska Gas LLC, d/b/a Black Hills Energy 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 to update two (2) inch natural gas public utility, per the attached Exhibit "A", dated 2024/3/29 and consisting of two (2) pages. 2. DESCRIPTION OFPERMITEES UTILITY LOCATION. The Permittee owns the infrastructure within the Permitor's public right of way to which this Right-of-Way/Easernent Utility Permit shall apply: CITY'S PUBLIC RIGHT-OF-WAY FOR UPDATE OF NATURAL GAS PUBLIC UTILITY TO SERVE A SECTION ON SHADY BEND ROAD FROM CAPITAL AVENUE TO AIRPORT ROAD, AND AIRPORT ROAD FROM SHADY BEND ROAD TO GUNBARREL ROAD, CITY OF 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. All facilities thereto, after having been erected, shall at all times be subject to inspection and the right is reserved to require such changes, additions, repairs, relocations and removal as may at any time be considered necessary to permit the relocation, reconstruction, widening and maintaining of a City facility and to provide proper and safe protection to life and property on or adjacent to City facilities, or in the interest of safety to traffic on the roadways and that the cost of making such changes, additions, repairs and relocations shall be borne by the applicant, and that all of the cost of the work to be accomplished under this permit shall be borne by the permittee who agrees to hold the City harmless therefore. 1/3