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202404672
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Last modified
9/23/2024 10:13:13 AM
Creation date
9/23/2024 10:12:40 AM
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DEEDS
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202404672
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.w. <br />202404672 <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 />Drainage in roadway side and cross ditches must be maintained at all times. The entire right-of-way/easement affected by work under a permit must <br />be restored to as good a condition as existed prior to beginning work to the complete satisfaction of the City Engineer. <br />6. EFFECTIVE DATE. This Right-of-Way/Easement Utility Permit shall take effect on the date it is executed by the Public Works Director/City <br />Engineer of the City of Grand Island as dated below. It shall continue for an indefinite term or until such time as it is terminated as provided hereafter. <br />7. TERMINATION. This Right-of-Way/Easement Utility Permit shall terminate upon one or more of the following occurrences: <br />(a) The service of sixty (60) days written notice of intention to terminate by any party upon the other party. If there is a valid Franchise <br />Agreement between the Permitor and Permitee, the termination provisions in that agreement shall supercede. <br />(b) The Permittee's application for a permit to alter said improvement or any part thereof, unless said permit is for work due to an occurrence as <br />described in Paragraph 3 above and said work has the prior written approval of the Permitor. <br />(c) The Permittee's construction or installation of any structure or improvement of any nature upon the City's property, public right-of-way, or <br />easement owned by the Permitor except that described in Paragraph 1 above. <br />Upon the termination of this Right-of-Way/Easement Utility Permit, the Permittee shall be required, and hereby agrees, to remove said improvement <br />from the Permitor's property at its own expense and without cost to the Permitor. Said removal to occur no later than sixty (60) days after receipt of <br />the notice of intention to terminate or any of the occurrences set forth in Paragraph 7 above. Should the Permitee fail to do so, the Permitor may <br />remove or cause the removal of said improvement from the Permitor's property and the Permittee agrees to reimburse the Permitor for all its costs. <br />8. SUCCESSORS AND ASSIGNS. This permit shall be binding upon the parties hereto, their successors and assigns. <br />9. ENTIRE PERMIT. This Right-of-Way/Easement Utility Permit constitutes the entire permit between the parties notwithstanding any other oral or <br />written permits to the contrary. This Right-of-Way/Easement Utility Permit shall be amended only in wilting executed by all parties hereto. <br />10. CHOICE OF LAWS. This Right-of-Way/Easement Utility Permit shall be construed in accordance with the laws of the State of Nebraska and the <br />City of Grand Island, Nebraska. The rights and privileges granted herein shall be nonexclusive and shall not be construed to be any broader than <br />those expressly set out in City Code or State Law, regardless of the language used in this permit and that any facilities placed on City right-of- <br />way/easement shall be placed in accordance with existing laws and the standards of the City. <br />11. CONTENT OF LANGUAGE. Wherever the context of the language in this Right-of-Way/Easement Utility Permit is appropriate, the singular shall <br />apply to the plural and the plural shall apply to the singular. <br />
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