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Right-of-Way/Easement Utility Permit
<br />2025 071 85
<br />This Right-of-Way/Easement Utility Permit is granted by the CITY OF GRAND ISLAND, NEBRASKA, a municipal
<br />Corporation, herein referred to as the "Permitor" and Charter Communications, hereinafter referred to as the "Permittee".
<br />1. STATEMENT OF PURPOSE. The purpose of this Permit is to set forth the terms and conditions, under which the
<br />Permittee may construct, maintain, repair, and utilize the following described installation/improvement which will infringe
<br />upon a public right-of-way:
<br />To access the City's public right-of-way for installation, maintenance and repair of fiber cable to serve the property
<br />addressed as 120 NORTH DIERS AVE as per attached Exhibit "A" dated 12/05/2025 and consisting of two (2) pages.
<br />2. DESCRIPTION OF PERMITEE'S UTILITY LOCATION. The Permittee owns the infrastructure within the Permitor's
<br />public right-of-way to which this Right-of-Way/Easement Utility Permit shall apply:
<br />LOT TWO (2), COMMONWEALTH BUSINESS PARK SECOND SUBDIVISION IN THE CITY OF GRAND ISLAND,
<br />HALL COUNTY, NEBRASKA.
<br />3. PERMITEE'S DUTIES AND RISKS. It is understood and agreed that the Permittee may construct, maintain, repair and
<br />utilize the above described installation/improvement at the Permittee's sole risk. The Permittee hereby waives any claim for
<br />damages against the Permitor, its officers, employee, agents and independent contractors for any damage or injury that
<br />may result to said installation/improvement. If the Permitor, in its sole discretion, determines that any part or all of the
<br />installation/improvement must be removed or is damaged by the Permitor, its employees, agents or independent
<br />contractors working for the Permitor during the course of their employment or duties with the Permitor, the Permittee
<br />agrees to assume and pay all costs relating to the replacement or repair of the installation/improvement. Permittee
<br />indemnifies and holds the City harmless from and against all claims arising out of the use or occupancy allowed under this
<br />permit.
<br />All facilities thereto, after having been erected, shall at all times be subject to inspection and the right is reserved to require
<br />such changes, additions, repairs, relocations and removal as may at any time be considered necessary to permit the
<br />relocation, reconstruction, widening and maintaining of a City facility and to provide proper and safe protection to life and
<br />property on or adjacent to City facilities, or in the interest of safety to traffic on the roadways and that the cost of making
<br />such changes, additions, repairs and relocations shall be borne by the applicant, and that all of the cost of the work to be
<br />accomplished under this permit shall be borne by the permittee who agrees to hold the City harmless therefore.
<br />Permittee is responsible for submitting an approved traffic control plan prior to commencement of any work.
<br />Locate flags shall be removed after the "excavator" has determined the work Is complete.
<br />Permittee shall coordinate any and all work with the City of Grand Island, their consultant, and contractor
<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 Permittee.
<br />4. PROTECTION OF EXISTING UTILITIES. The Permittee is responsible for locating and coordinating original
<br />construction and future maintenance work on the described installation/improvement. No excavation work will be permitted
<br />in the area of underground utility facilities until all such facilities have been located and identified to the satisfaction of all
<br />parties. The excavation must be done with care in order to avoid any possibility of damage to the utility facility. The
<br />Permittee shall be responsible for any and all damages, except to the extent that such damaged facility failed to comply
<br />with the requirement of Neb. Rev. stat. 76-2301 et seq.
<br />The proposed facilities or their operation or their maintenance shall not unreasonably interfere with the facilities or the
<br />operation or maintenance of the facilities of other persons, firms or corporations previously issued permits of use and
<br />occupancy, and the proposed facilities shall not be dangerous to persons or property using or occupying the roadway or
<br />using facilities constructed under previously granted permits of use and occupancy; and that the City's records of prior
<br />permits are available, it being the duty of the applicant to determine the existence and location of all facilities within the City
<br />right-of-way/easement.
<br />Must maintain a minimum three (3) foot of horizontal separation if paralleling water mains, fire hydrants, etc., as well as
<br />minimum one (1) foot of vertical separation at water main and fire hydrant lead crossings.
<br />Must maintain a minimum one (1) foot separation crossing underground electrical primary and must maintain a minimum
<br />three (3) foot separation when paralleling underground electric primary.
<br />5. RESTORATION OF PROPERTY. If the construction or maintenance of the installation/improvement identified in
<br />Paragraph 1 above requires the excavation of earth, removal of hard surfacing, grass, vegetation, landscaping, or any
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