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License Agreement <br />20260085,E <br />This License Agreement is made by and between the CITY OF GRAND ISLAND, NEBRASKA, a municipal <br />Corporation, herein referred to as the "Licensor" and Dustin M McCabe and Shanell R McCabe, Owner(s), <br />hereinafter referred to as the "Licensee(s)". <br />1. STATEMENT OF PURPOSE. The purpose of this License Agreement is to set forth the terms and conditions, <br />under which the Licensee may construct, maintain, repair, and utilize the following described improvement which <br />will infringe upon a Public Right -of -Way To access the City's public right-of-way for installation, maintenance, and <br />repair of culvert and extension of driveway to serve the property addressed as 4351 Manchester Road, per the <br />attached Exhibit "A", dated 12/16/2025 consisting of one (1) page. <br />2. DESCRIPTION OF LICENSEE'S REAL ESTATE. The Licensee owns the following described real estate <br />adjacent to the Licensor's Public Right of Way, to which this License Agreement shall apply: <br />LOT EIGHTEEN (18), BISHOP HEIGHTS THIRD SUBDIVISION IN THE CITY OF GRAND ISLAND, HALL <br />COUNTY, NEBRASKA. <br />3. LICENSEE'S DUTIES AND RISKS. It is understood and agreed that the Licensee may construct, maintain, <br />repair and utilize the above described improvement at the Licensee's sole risk. The Licensee hereby waives any <br />claim for damages against the Licensor, its officers, employees, agents and independent contractors for any <br />damage or injury that may result to said improvement. If the Licensor, in its sole discretion, determines that any part <br />or all of the improvement must be removed or is damaged by the Licensor, its employees, agents or independent <br />contractors working for the Licensor during the course of their employment or duties with the Licensor, the Licensee <br />agrees to assume and pay all costs relating to the replacement or repair of the improvement. Licensee indemnifies <br />and holds the City harmless from and against all claims arising out of the use or occupancy allowed under this <br />agreement. <br />Licensee is responsible for their contractor obtaining a Right -of -Way permit from the City of Grand <br />Island Public Works Department, as well as submitting an approved traffic control plan prior to <br />commencement of any work. Locate flags shall be removed after the "excavator" has determined the <br />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 City <br />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 original <br />construction and future maintenance work on the described improvement. No excavation work will be permitted in <br />the area of underground utility facilities until all such facilities have been located and identified to the satisfaction of <br />all parties. The excavation must be done with care in order to avoid any possibility of damage to the utility facility. <br />The Licensee shall be responsible for any and all damages, <br />New culvert for extension shall be the same size as the existing culvert. <br />5. RESTORATION OF PROPERTY. If the construction or maintenance of the improvement identified in Paragraph 1 <br />above requires the excavation of earth, removal of hard surfacing, grass, vegetation, landscaping, or any other <br />disruption of the surface of the public right-of-way or neighboring property, the Licensee shall restore the surface of t <br />he area to the same 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 <br />Director/City Engineer of the City of Grand Island as dated below. It shall continue for an indefinite term or until such <br />time as it is terminated as provided hereafter. <br />