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LICENSE AGREEMENT <br />87- 101620 <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 <br />MCELROY SERVICE COMPANY 2429 W. Lincoln Hwy., Grand Island, IqE 68803 <br />herein referred to as the "Licensee ". <br />1. STATEMENT OF PURPOSE. The purpose of this License <br />Agreement is to set forth the terms and conditions under which <br />e'- 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 />Three and one -half (3'h) square feet of building <br />in right of way. <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 />Lot Two (2), Block Three, West Subdivision to the <br />City of Grand Island, Hall County, Nebraska. <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 independant <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 />M <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 />5. TERMINATION. This License Agreement shall terminate <br />upon one or more of the following occurrences: <br />a. The service of sixty days written notice of <br />intention to terminate by any party upon the other party. <br />b. The Licensee's application for a permit to <br />alter said improvement or any part thereof, unless said <br />permit is for work due to an occurrence as described <br />IN <br />A <br />J <br />