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10/7/25, 8:42 AM
<br />Letter View
<br />202505715.
<br />License Agreement
<br />This License Agreement is made by and between the CITY OF GRAND ISLAND, NEBRASKA, a municipal Corporation,
<br />herein referred to as the "Licensor" and MMP, LLC, Owner, hereinafter referred to as the "Licensee".
<br />1. STATEMENT OF PURPOSE. The purpose of this License Agreement is to set forth the terms and conditions, under
<br />which the Licensee may construct, maintain, repair, and utilize the following described improvement which will infringe
<br />upon a public utility easement.
<br />Installation, maintenance and repair of chain link fence within easement on the property addressed as 4025 Norseman
<br />Ave, per attached Exhibit "A", dated 10/02/2025, and consisting of one (1) page.
<br />2. DESCRIPTION OF LICENSEE'S REAL ESTATE. The Licensee owns the following described real estate adjacent to the
<br />Licensor's Public Utility Easement, to which this License Agreement shall apply:
<br />LOT THIRTY-FIVE (35), JEFFREY OAKS THIRD SUBDIVISION IN THE CITY OF GRAND ISLAND, HALL COUNTY,
<br />NEBRASKA.
<br />3. LICENSEE'S DUTIES AND RISKS. It is understood and agreed that the Licensee may construct, maintain, repair and
<br />utilize the above described improvement at the Licensee's sole risk. The Licensee hereby waives any claim for damages
<br />against the Licensor, its officers, employees, agents and independent contractors for any damage or injury that may result
<br />to said improvement. If the Licensor, in its sole discretion, determines that any part or all of the improvement must be
<br />removed or is damaged by the Licensor, its employees, agents or independent contractors working for the Licensor during
<br />the course of their employment or duties with the Licensor, the Licensee agrees to assume and pay all costs relating to the
<br />replacement or repair of the improvement. Licensee indemnifies and holds the City harmless from and against all claims
<br />arising out of the use or occupancy allowed under this agreement.
<br />Licensee is responsible for their contractor obtaining a Right -of -Way permit from the City of Grand Island
<br />Public Works Department, as well as submitting an approved traffic control plan prior to commencement of
<br />any work. Locate flags shall be removed after the "excavator" has determined the work is complete.
<br />Licensee shall coordinate any and all work with the City of Grand Island, their consultant, and contractor to
<br />eliminate any interference with known/marked City utilities. Any interference with City utilities shall be
<br />addressed immediately and at the expense of the Licensee.
<br />4. PROTECTION OF EXISTING UTILITIES. The Licensee is responsible for locating and coordinating original construction
<br />and future maintenance work on the described improvement. No excavation work will be permitted in the area of
<br />underground utility facilities until all such facilities have been located and identified to the satisfaction of all parties. The
<br />excavation must be done with care in order to avoid any possibility of damage to the utility facility. The Licensee shall be
<br />responsible for any and all damages,
<br />A permit from the Building Department is required if the fence is over seven (7) foot high.
<br />5. RESTORATION OF PROPERTY If the construction or maintenance of the improvement identified in Paragraph 1 above
<br />requires the excavation of earth, removal of hard surfacing, grass, vegetation, landscaping, or any other disruption of the
<br />surface of the public right-of-way or neighboring property, the Licensee shall restore the surface oft he area to the same
<br />condition as it existed immediately prior to the Licensee's work in the area.
<br />6. EFFECTIVE DATE. This License Agreement 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
<br />terminated as provided hereafter.
<br />7. TERMINATION. This License Agreement 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.
<br />(b) The Licensee's application for a permit to alter said improvement or any part thereof, unless said permit is for work
<br />due to an occurrence as described in Paragraph 3 above and said work has the prior written approval of the Licensor.
<br />(c) The Licensee's construction or installation of any structure or improvement of any nature upon the City's property,
<br />public right-of-way, or easement owned by the Licensor except that described in Paragraph 1 above.
<br />Upon the termination of this License Agreement, the Licensee shall be required, and hereby agrees, to remove said
<br />improvement from the Licensor's property at its own expense and without cost to the Licensor. Said removal to occur no
<br />later than sixty (60) days after receipt of the notice of intention to terminate or any of the occurrences set forth in Paragraph
<br />7 above. Should the Licensee fail to do so, the Licensor may remove or cause the removal of said improvement from the
<br />Licensor's property and the Licensee agrees to reimburse the Licensor for all its costs.
<br />8. SUCCESSORS AND ASSIGNS. This agreement shall be binding upon the parties hereto, their successors and
<br />assigns.
<br />file:///C:/Users/JenniferB/Downloads/License Agreement (3).htm
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