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i'51.£OiZOZ 6/17/24, 2:08 PM about:blank Please return to: Catrina DeLosh Public Works Department PO Box 1968 Grand Island, NE 68802 RWEI-24-44 INS i VII 0 3 1 5 to Thls Space Reserved for Register of Deed CASH F-1(0 4 CHECK REFUNDS: CASH CHECK RECORDED HALL COUNTY NE 2024JUL I0AI1:49 Kid 15 `j I WOLD REGISTER C' DEEDS Right-of-Way/Easement Utility Permit 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 Windstream, 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 City's Public Right of Way to relocate Windstream facilities in connection with City Paving Project #2022-P-4. Per exhibit "A" dated 06/17/2024 and consisting of four (4) pages. 2. DESCRIPTION OF PERMITEE'S UTILITY LOCATION. The Permittee owns the infrastructure within the Permitor's public right-of-way to which this Right-of-Way/Easement Utility Permit shall apply: City Public Right of Way in the area of Claude Road and 13th Street, 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. Permittee is responsible for 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. Permittee shall coordinate any and all work with the City of Grand Island, their consultant, and contractor eliminate any interference with known/marked City utilities. Any interference with City utilities shall be addressed immediately and at the expense of the Permittee. 4. PROTECTION OF EXISTING UTILITIES. The Permittee is responsible for locating and coordinating original construction and future maintenance work on the described installation/improvement. No excavation work will be permitted in the area of underground utility facilities until all such facilities have been located and identified to the satisfaction of all parties. The excavation must be done with care in order to avoid any possibility of damage to the utility facility. The Permittee shall be responsible for any and all damages, except to the extent that such damaged facility failed to comply with the requirement of Neb. Rev. Stat. 76-2301 et seq. Must maintain a minimum three (3) foot horizontal separation if paralleling water mains, fire hydrants, as well as a minimum one (1) foot vertical about:blank 1/3