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RWEI-24-38 2610 ENGLEMAN RD S <br />1'' <br />1' <br />2i?=' 03ti10 <br />This space Reserved for Register of Deed <br />Please return to: <br />Catrina DeLosh <br />Public Works Department <br />PO Box 1968 <br />Grand Island. NE 68802 <br />CASH <br />CHECK <br />REFUNDS: <br />CASH <br />CHECK <br />HALL C -C, <br />20211. <br />REGISTEP <br />;JOU <br />„,'TY NE <br />1'', 10: 29 <br />Right-of-Way/Easement Utility Permit <br />This Right-of-Way/Easement Utility Permit is granted by the CITY OF GRAND ISLAND, NEBRASKA, a municipal Corporation, herein referred <br />to as the "Permitor" and ALLO Communications, hereinafter referred to as the "Permittee". <br />1. STATEMENT OF PURPOSE. The purpose of this Permit is to set forth the terms and conditions, under which the Permittee may construct, <br />maintain, repair, and utilize the following described installation/improvement which will infringe upon a public right-of-way: <br />To access the City's public right-of-way and easement for installation of fiber cable to serve the property addressed as 2610 Engleman Rd S in <br />connection with ALLO Project GDI-10-18, per the attached Exhibit "A", dated 07/01/2024 consisting of ten (10) pages. <br />2. DESCRIPTION OF PERMITEE'S UTILITY LOCATION. The Permittee owns the infrastructure within the Permitor's public right-of-way to which <br />this Right-of-Way/Easement Utility Permit shall apply: <br />ROWE SECOND SUB LT 1 , CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA. <br />3. PERMITEE'S DUTIES AND RISKS. It is understood and agreed that the Permittee may construct, maintain, repair and utilize the above described <br />installation/improvement at the Permittee's sole risk. The Permittee hereby waives any claim for damages against the Permitor, its officers, <br />employee, agents and independent contractors for any damage or injury that may result to said installation/improvement. If the Permitor, in its sole <br />discretion, determines that any part or all of the installation/improvement must be removed or is damaged by the Permitor, its employees, agents or <br />independent contractors working for the Permitor during the course of their employment or duties with the Permitor, the Permittee agrees to assume <br />and pay all costs relating to the replacement or repair of the installation/improvement. Permittee indemnifies and holds the City harmless from and <br />against all claims arising 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 require such changes, additions, <br />repairs, relocations and removal as may at any time be considered necessary to permit the relocation, reconstruction, widening and maintaining of a <br />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 <br />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 <br />work to be accomplished under this permit shall be bome by the permittee who agrees to hold the City harmless therefore. <br />Permittee is responsible for submitting an approved traffic control plan prior to commencement of any work. Locate flags shall be removed <br />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 contractor eliminate any interference with <br />known/marked City utilities. Any interference with City 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 construction and future maintenance <br />work on the described installation/improvement. No excavation work will be permitted fh,4berarep of underground utility facilities,until all such facilities <br />have been located and identified to the satisfaction of all parties. The excavation must be dond with care in order to avoid aiy possibility of damage <br />to the utility facility. The Permittee shall be responsible for any and all damages, except to the exnfit tha damaged facility failed to comply with <br />the requirement of Neb. Rev. Stat. 76-2301 et seq. <br />The proposed facilities or their operation or their maintenance shall not unreasonably interfere with the facilities or the operation or maintenance of <br />the facilities of other persons, firms or corporations previously issued permits of use and occupancy, and the proposed facilities shall not be <br />dangerous to persons or property using or occupying the roadway or using facilities constructed under previously granted permits of use and <br />occupancy; and that the City's records of prior permits are available, it being the duty of the applicant to determine the existence and location of all <br />facilities within the City right-of-way/easement. <br />5. RESTORATION OF PROPERTY. If the construction or maintenance of the installation/improvement identified in Paragraph 1 above requires the <br />excavation of earth, removal of hard surfacing, grass, vegetation, landscaping, or any other disruption of the surface of the public right-of- <br />way/easement or neighboring property, the Permittee shall restore the surface of the area to the same condition as it existed immediately prior to the <br />Permittee's work in the area. <br />