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Please return to: Catrina DeLosh Public Works Department PO Box 1968 Grand Island, NE 68802 RWEI-24-53 1480 DIERS AVE N -IST 2071 0 5 b b This Space Reserved for Register of Deed CASH S'L.()Q3 CHECK REFUNDS: CASH CHECK RECORDED HALL COUNTY NE 2021 SEP I.8 ; 9:58 KRISTI VWOLD REGISTER OF 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 NORTHWESTERN 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 easement: Installation, maintenance and repair of gas main to encroach in the city public right-of-way to serve 1480 Diers Avenue, per the attached Exhibit "A", dated 09/12/2024 and consisting of one (1) page. 2. DESCRIPTION OF PERMITEES UTILITY LOCATION. The Permittee owns the infrastructure within the Permitor's public easement to which this Right-of-Way/Easement Utility Permit shall apply: Lot Two (2), 281 Retail Second Subdivision, City of Grand Island, Hall County, Nebraska 3. PERMITEES 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.