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License Agreement <br />2025O6378 <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 JP & PC OF GI, 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 public easements. <br />Installation, maintenance and repair of private utilities within electrical and utility easements, as shown on Exhibit "A", <br />dated 10/02/2025, 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 ONE (1), COMMONWEALTH BUSINESS PARK FOURTH SUBDIVISION IN THE CITY OF GRAND ISLAND, <br />HALL COUNTY, 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 />Easements must be staked before installation of underground conduit. <br />Licensee is responsible for obtaining all required permits from the Grand Island Public Works Department, such as Right of <br />Way Construction permit, Opening/Milling permit, Sanitary/Storm Sewer permits, as well as all required Grand Island Utility <br />& Building Department permits. <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 />