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<br />Please retum to:
<br />Catrina DeLosh
<br />Public Works Department
<br />PO Box 1968
<br />Grand Island, NE 68802
<br />RWEI-24-50 3809 WESTGATE RD
<br />INST 2O211 0u05q
<br />Thpace Reserved for Register of Deed
<br />Right-of-Way/Easement Utility Permit
<br />CASH //2-40
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<br />REFUNDS:
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<br />RECORDED
<br />HALL COUNTY NE
<br />2021 AUG 22 P 2:4l
<br />KRISTI WOLD
<br />REGISTER OF DEEDS
<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 />For installation of fiber optic to serve the property addressed as 3809 Westgate Road, indicated in connection with ALLO, project GDI-01-09
<br />3809, per the attached Exhibit dated 08/08/2024. Consisting of sixteen (16) 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 />LOT FIVE (5) AND LOT SIX (6), WESTGATE SUBDIVISION IN THE 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 borne 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 in the area of underground utility facilities until all such facilities
<br />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
<br />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
<br />the requirement of Neb. Rev. Stat. 76-2301 et seq.
<br />Must maintain a minimum three (3) foot horizontal separation if paralleling water mains, as well as minimum one (1) foot vertical separation at water
<br />main crossings.
<br />Must maintain minimum three (3) foot separation from electric utility primary.
<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-
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