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202506276 <br />License Agreement <br />This License Agreement is made by and between the CITY OF GRAND ISLAND, NEBRASKA, a <br />municipal Corporation, herein referred to as the "Licensor" and 4th Street Business Improvement <br />District, 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 <br />conditions, under which the Licensee may construct, maintain, repair, and utilize the following described <br />improvement which will infringe upon a Public Right -of -Way To access the City's public right-of-way for <br />installation, maintenance and repair of trashcans under the project 4th Street Business Improvement <br />District Boundary, per the attached Exhibit "A", dated 10/08/2025 consisting of one (1) page. <br />2. DESCRIPTION OF LICENSEE'S REAL ESTATE. The Licensee owns the following described real <br />estate adjacent to the Licensor's Public Right of Way, to which this License Agreement shall apply: <br />SOUTHWEST CORNER OF CLEBURN STREET AND 4TH STREET, NORTHEAST CORNER OF ELM <br />STREET AND 4TH STREET, SOUTHEAST CORNER OF CEDAR STREET AND 4TH STREET, SOUTH <br />44' OF LOT ONE (1), SOUTH 44' OF LOT TWO (2), BLOCK THIRTY-NINE (39) ORIGINAL TOWN, <br />NORTH 44' OF SOUTH HALF LOT FOUR (4), BLOCK FORTY (40) ORIGINAL TOWN, LOT SIX (6), <br />BLOCK THIRTY-THREE (33) ORIGINAL TOWN , LOT ONE (1), LOT TWO (2), PART VAC ST, BLOCK <br />FORTY (40) ORIGINAL TOWN, LOT ONE (1), SITTLER'S SUBDIVISION, NORTHEAST CORNER OF <br />LOCUST STREET AND 4TH STREET, SOUTHEAST CORNER OF PINE STREET AND 4TH STREET <br />IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA. <br />3. LICENSEE'S DUTIES AND RISKS. It is understood and agreed that the Licensee may construct, <br />maintain, repair and utilize the above described improvement at the Licensee's sole risk. The Licensee <br />hereby waives any claim for damages against the Licensor, its officers, employees, agents and <br />independent contractors for any damage or injury that may result to said improvement. If the Licensor, in <br />its sole discretion, determines that any part or all of the improvement must be removed or is damaged by <br />the Licensor, its employees, agents or independent contractors working for the Licensor during the course <br />of their employment or duties with the Licensor, the Licensee agrees to assume and pay all costs relating <br />to the replacement or repair of the improvement. Licensee indemnifies and holds the City harmless <br />from and against all claims 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 <br />Grand Island Public Works Department, as well as submitting an approved traffic control plan <br />prior to commencement of any work. Locate flags shall be removed after the "excavator" has <br />determined the work is complete. <br />Licensee shall coordinate any and all work with the City of Grand Island, their consultant, and <br />contractor to eliminate any interference with known/marked City utilities. Any interference with <br />City utilities shall be addressed immediately and at the expense of the Licensee. <br />4. PROTECTION OF EXISTING UTILITIES. The Licensee is responsible for locating and coordinating <br />original construction and future maintenance work on the described improvement. No excavation work will <br />be permitted in the area of underground utility facilities until all such facilities have been located and <br />