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202405247 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 crossings. Must maintain minimum three (3) foot separation from electric utility primary. The proposed facilities or their operation or their maintenance shall not unreasonably interfere with the facilities or the operation or maintenance of the facilities of other persons, firms or corporations previously issued permits of use and occupancy, and the proposed facilities shall not be dangerous to persons or property using or occupying the roadway or using facilities constructed under previously granted permits of use and 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 facilities within the City right-of-way/easement. 5. RESTORATION OF PROPERTY. If the construction or maintenance of the installation/improvement identified in Paragraph 1 above requires the excavation of earth, removal of hard surfacing, grass, vegetation, landscaping, or any other disruption of the surface of the public right-of- 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 Permittee's work in the area. 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 be restored to as good a condition as existed prior to beginning work to the complete satisfaction of the City Engineer. 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 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. 7. TERMINATION. This Right-of-Way/Easement Utility Permit shall terminate upon one or more of the following occurrences: (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 Agreement between the Permitor and Permitee, the termination provisions in that agreement shall supercede. (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 described in Paragraph 3 above and said work has the prior written approval of the Permitor. (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 easement owned by the Permitor except that described in Paragraph 1 above. Upon the termination of this Right-of-Way/Easement Utility Permit, the Permittee shall be required, and hereby agrees, to remove said improvement 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 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 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. 8. SUCCESSORS AND ASSIGNS. This permit shall be binding upon the parties hereto, their successors and assigns. 9. ENTIRE PERMIT. This Right-of-Way/Easement Utility Permit constitutes the entire permit between the parties notwithstanding any other oral or written permits to the contrary. This Right-of-Way/Easement Utility Permit shall be amended only in writing executed by all parties hereto. 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 City of Grand Island, Nebraska. The rights and privileges granted herein shall be nonexclusive and shall not be construed to be any broader than 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- way/easement shall be placed in accordance with existing laws and the standards of the City. 11. CONTENT OF LANGUAGE. Wherever the context of the language in this Right-of-Way/Easement Utility Permit is appropriate, the singular shall apply to the plural and the plural shall apply to the singular.