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r\)memmomi <br />N <br />B <br />Please retum to: <br />Catrina DeLosh <br />Public Works Department <br />PO Box 1968 <br />Grand Island, NE 68802 <br />RWEI-24-55 1480 DIERS AVE N <br />MST 70711 0 la b l 2 <br />Thla Soave Reserved for Register of Dead <br />Right-of-Way/Easement Utility Permit <br />CASH 71000 <br />CHECK <br />REFUNDS: <br />CASH <br />CHECK <br />RECORDED <br />HALL COUNTY NE <br />10211 SEP 23 Aia02 <br />rniS'i i VJOLD <br />REGISTER OF DEEDS <br />'10 06 <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 for installation of fiber cable to serve the property addressed as 1480 Diers Avenue in connection with ALLO Project <br />1480 N Diers ROE 1298, per the attached Exhibit "A", dated 09/12/2024 consisting of eight (8) 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 Two (2), 281 Retail Second Subdivision, 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 bome 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 />Pcrmittcc is also responsible for obtaining the appropriate permits from the Nebraska Department of Transportation (NDOT). <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 main <br />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- <br />