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202603571
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6/3/2026 12:11:09 PM
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6/3/2026 12:10:51 PM
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202603571
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Firefox • file:///C:/Users/e0189348/Downloads/Right-of-Way%20Easeme... <br />202603571 <br />Right-of-Way/Easement Utility Permit <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 Windstream / Uniti, 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 3503 W State St as per attached Exhibit "A" dated 04/16/2026 and consisting of three (3) 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 ONE (1), TOUKAN SUBDIVISION IN THE CITY OF GRAND ISLAND, HALL COUNTY, NEBRASKA. <br />3. PERMITEE'S DUTIES AND RISKS. It is understood and agreed that the Permittee may construct, maintain, repair <br />and utilize the above described installation/improvement at the Permittee's sole risk. The Permittee hereby waives any <br />claim for damages against the Permitor, its officers, employee, agents and independent contractors for any damage or <br />injury that may result to said installation/improvement. If the Permitor, in its sole discretion, determines that any part or <br />all of the installation/improvement must be removed or is damaged by the Permitor, its employees, agents or <br />independent contractors working for the Permitor during the course of their employment or duties with the Permitor, the <br />Permittee agrees to assume and pay all costs relating to the replacement or repair of the installation/improvement. <br />Permittee indemnifies and holds the City harmless from and against all claims arising out of the use or occupancy <br />allowed under this permit. <br />All facilities thereto, after having been erected, shall at all times be subject to inspection and the right is reserved to <br />require such changes, additions, repairs, relocations and removal as may at any time be considered necessary to <br />permit the relocation, reconstruction, widening and maintaining of a City facility and to provide proper and safe <br />protection to life and property on or adjacent to City facilities, or in the interest of safety to traffic on the roadways and <br />that the cost of <br />making such changes, additions, repairs and relocations shall be borne by the applicant, and that all of the cost of the <br />work to be accomplished under this permit shall be borne by the permittee who agrees to hold the City harmless <br />therefore. <br />Permittee is responsible for submitting an approved traffic control plan prior to commencement of any <br />work. 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 <br />permitted in the area of underground utility facilities until all such facilities have been located and identified to the <br />satisfaction of all parties. The excavation must be done with care in order to avoid any possibility of damage to the <br />utility facility. The Permittee shall be responsible for any and all damages, except to the extent that such damaged <br />facility failed to comply 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 <br />or using facilities constructed under previously granted permits of use and occupancy; and that the City's records of <br />prior permits are available, it being the duty of the applicant to determine the existence and location of all facilities <br />within the City right-of-way/easement. <br />The Grand Island Streets Division shall be contacted at 308-385-5322 prior to work beginning. A Notice to Proceed <br />with work in the ROW will not be given until a pre -construction notice has been given; the City of Grand Island permit <br />number is required when requesting the Notice to Proceed. Any keyhole potholing locations in the roadway shall be <br />approved by the Streets Division and shall be filled within five days of potholing. No handholds or vaults shall be placed <br />in the flowline or sloped bank of drainage ditches. If it has to be placed on sloped bank the final grade of hand hold or <br />2 of 5 5/29/2026, 4:57 PM <br />
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