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<br />I <br /> <br />LICENSE AGREEMENT <br /> <br />81- <br /> <br />107109 <br /> <br />This License Agreement is made by and between the CITY OF <br />GRAND ISLAND, NEBRASKA, a Municipal Corporation, herein referred <br />to as the "City" and MID-NEBRASKA AUTO AUCTION, INC., a <br />corporation, herein referred to as the "Licensee". <br /> <br />1. STATEMENT OF PURPOSE. The purpose of this License <br />Agreement is to set forth the terms and conditions under which <br />the Licensee may construct, maintain, repair, and utilize the <br />following described improvement which will infringe upon real <br />estate owned or controlled by the City. <br /> <br />a. The Licensee may regrade and fill the ditch <br />located in the public right-of-way between the north side <br />of Thirteenth Street and the following described real <br />estate. <br /> <br />b. The Licensee may construct, maintain, repair and <br />utilize a drainage culvert and concrete letdown between the <br />following described real estate and the Moore's Creek <br />drainage ditch. <br /> <br />2. DESCRIPTION OF LICENSEE'S REAL ESTATE. The Licensee <br />owns or controls the following described real estate adjacent to <br />the City's real estate to which this License Agreement shall <br />apply: <br /> <br />The westerly 363 feet (W 363') of the Southwest <br />Quarter (SW-1/4) of the Southeast Quarter (SE-1/4) <br />of Section Twelve (12), Township Eleven (11) North, <br />Range Ten (10) West of the 6th P.M., Hall County, <br />Nebraska. <br /> <br />3. LICENSEE'S DUTIES AND RISKS. It is understood and <br />agreed that the Licensee may construct, maintain, repair and <br />utilize the above described improvement at the Licensee's sole <br />risk. The Licensee hereby waives any claim for damages against <br />the City, its officers, employees, agents and independent <br />contractors for any damage or injury that may result to said <br />improvement. If the City, in its sole discretion, determines <br />that any part or all of the improvement must be removed or is <br />damaged by the City, its employees, agents, or independent <br />contractors working for the City during the course of their <br />employment or duties with the City, the Licensee agrees to assume <br />and pay all costs relating to the replacement or repair of the <br />improvement. <br /> <br />4. EFFECTIVE DATE. This License Agreement shall take <br />effect on the date it is executed by the Mayor of the City of <br />Grand Island as dated below. It shall continue for an indefinite <br />term until such time as it is terminated as provided hereafter. <br /> <br />L <br /> <br />L <br /> <br />L <br /> <br />I <br /> <br /> <br />--.J <br /> <br /> <br />(. <br /> <br />-.J -- <br />