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202506277 Right-of-Way/Easement Utility Permit This Right-of-Way/Easement Utility Permit is granted by the CITY OF GRAND ISLAND, NEBRASKA, a municipal Corporation, herein referred to as the "Permitor" and ALLO Communications, hereinafter referred to as the "Permittee". 1. STATEMENT OF PURPOSE. The purpose of this Permit is to set forth the terms and conditions, under which the Permittee may construct, maintain, repair, and utilize the following described installationfimprovement which will infringe upon a public right-of-way: To access the City's public right-of-way for installation, maintenance and repair of fiber cable to serve the property addressed as 555 Stuhr Rd S as per attached Exhibit "A" dated 10/30/2025 and consisting of seventeen (17) pages. 2. DESCRIPTION OF PERMITEE'S UTILITY LOCATION. The Permittee owns the infrastructure within the Permitors public right-of-way to which this Right-of-Way/Easement Utility Permit shall apply: A tract of land comprising all of Lots 46, 47, 48, 49, 50, 65, 66, 67, 68, 69, 77, 78, 79, 80, 81, 96, 97, 98 and 103, and part of Lots 51, 64, 82, 95, and 104, all in Industrial Addition to the City of Grand Island, Hall County, Nebraska, and lying in the Southwest Quarter of Section 14, Township 11 North, Range 9 West of the 6th P.M., Hall County, Nebraska, and more particularly described as follows: Beginning at a point 70.0 feet South and 33 feet East of the Northwest corner of said Southwest Quarter; thence running Easterly and parallel to the North line of said Southwest Quarter a distance of 1,937.5 feet; thence running Southerly and parallel to the West line of said Southwest Quarter a distance of 1,630.32 feet to a point on the Northerly right of way line of the C.B. & Q. Railroad Company; thence running Northwesterly along said right of way a distance of 734.98 feet to a point on the East line of the Southwest Quarter of the Southwest Quarter; thence running Northerly along the East line of the Southwest Quarter of the Southwest Quarter a distance of 39.58 feet to the Northeast corner of the Southwest Quarter of the Southwest Quarter; thence running Westerly along the North line of the Southwest Quarter of the Southwest Quarter a distance of 76.37 feet to a point on the Northerly right of way line of the C.B. & Q. Railroad Company; thence running Northwesterly along said right of way a distance of 1,370.56 feet to a point 33.0 feet East of the West line of said Southwest Quarter, thence running North and parallel to the West line of said Southwest Quarter a distance of 619.3 feet to the point of beginning; EXCEPTING a certain tract more particularly described in Warranty Deed recorded as Document No. 96-102929. 3. PERMITEES DUTIES AND RISKS. It is understood and agreed that the Permittee may construct, maintain, repair and utilize the above described installation/improvement at the Permittee's sole risk. The Permittee hereby waives any claim for damages against the Permitor, its officers, employee, agents and independent contractors for any damage or injury that may result to said installationfimprovement. If the Permitor, in its sole discretion, determines that any part or all of the installation/improvement must be removed or is damaged by the Permitor, its employees, agents or independent contractors working for the Permitor during the course of their employment or duties with the Permitor, the Permittee agrees to assume and pay all costs relating to the replacement or repair of the installationAmprovement. Permittee indemnifies and holds the City harmless from and against all claims arising out of the use or occupancy allowed under this permit. All facilities thereto, after having been erected, shall at all times be subject to inspection and the right is reserved to require such changes, additions, repairs, relocations and removal as may at any time be considered necessary to permit the relocation, reconstruction, widening and maintaining of a City facility and to provide proper and safe protection to life and property on or adjacent to City facilities, or in the interest of safety to traffic on the roadways and that the cost of making such changes, additions, repairs and relocations shall be borne by the applicant, and that all of the cost of the work to be accomplished under this permit shall be borne by the permittee who agrees to hold the City harmless therefore. Permittee is responsible for submitting an approved traffic control plan prior to commencement of any work. Locate flags shall be removed after the 'excavator" has determined the work Is complete. Permittee shall coordinate any and all work with the City of Grand Island, their consultant, and contractor eliminate any interference with known/marked City utilities. Any interference with City utilities shall be addressed Immediately and at the expense of the Permittee. 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 main and fire hydrant lead crossings. Contact Utilities Engineering prior to installation for alignment and clearance verification, 308-385-5463x2166. 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 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 Permitee, 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 Right-of-Way/Easement Utility Permit, the Permittee shall be required, and hereby agrees, to remove said improvement from the Permitors 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.