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202505220 4. PROTECTION OF EXISTING UTILITIES. The Permittee is responsible for locating and coordinating original construction and future maintenance work on the described installation/improvement. No excavation work will be permitted in the area of underground utility facilities until all such facilities 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 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 the requirement of Neb. Rev. stet. 76-2301 et seq. 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. Must maintain a minimum three (3) foot of horizontal separation if paralleling water mains, fire hydrants, etc., as well as minimum one (1) foot of vertical separation at water ma and fire hydrant lead crossings. Contact Utilities Engineering prior to installation for alignment and clearance verification, 308-385-5463x2166. Must maintain minimum one (1) foot separation when crossing underground primary. No handholds or vaults shall be placed in the flowline or sloped bank of drainage ditches. If it has to be placed on sloped bank the final grade of hand hold or vault lid shall mat h that of the sloped bank. Erosion control shall be in place for all open excavations adjacent to drainage ditches. All drainage ditch flowlines must be restored before job is done. Any sidewalk removals & replacements shall be approved by the City of Grand Island prior to removal. Restoration of sidewalk shall be done within 5 days of removal and shall be inspected by the City of Grand Island Public Works Department Any keyhole potholing locations in the roadway shall be approved by the Streets Division and shall be filled within five days of potholing. 5. RESTORATION OF PROPERTY. If the construction or maintenance of the installationAmprovement 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 Rightof-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 Rightof-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 Perrnitee, the termination provisions in that agreement shall supersede. (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 Rightof-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 Permitofs 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 Rightof-Way/Easement Utility Permit shall be amended only in writing executed by all parties hereto. 10. CHOICE OF LAWS. This Rightof-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.