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LICENSE AGREEMENT 8?-- 104122 This License Agreement is made by and between the CITY OF GRAND ISLAND, NEBRASKA, a Municipal Corporation, herein referred to as the "City" and NATHAN DETROIT'S, INC., a Corporation, herein referred to as the "Licensee". 1. STATEMENT OF PURPOSE. The purpose of this License Agreement is to set forth the terms and conditions under which the Licensee may construct, maintain, repair, and utilize the following described improvement which will infringe upon real estate owned or controlled by the City: Decorative wrought iron railings infringing upon the sidewalk at 316 North Pine Street, Grand Island, Nebraska. 2. DESCRIPTION OF LICENSEE'S REAL ESTATE. The Licensee owns or controls the following described real estate adjacent to the City's real estate to which this License Agreement shall apply: The Northerly Fourty -Four Feet (441) of the Southerly One -Half (S -1/2) of Lot one (1), Block Fifty -Five (55), Original Town, now City of Grand Island, Hall County, Nebraska. 3. LICENSEE'S DUTIES AND RISKS. It is understood and agreed that the Licensee may construct, maintain, repair and utilize the above described improvement at the Licensee's sole risk. The Licensee hereby waives any claim for damages against the City, its officers, employees, agents and independent contractors for any damage or injury that may result to said improvement. If the City, in its sole discretion, determines that any part or all of the improvement must be removed or is damaged by the City, its employees, agents, or contractors working for the City during the course of their employment or duties with the City, the Licensee agrees to assume and pay all costs relating to the replacement or repair of the improvement that was removed or damaged. PROVIDED, the Licensee agree to replace or repair only the portions of said improvement that the City, in its sole discretion, not to be in conflict with the City's use of its real estate at the time of such occurrence. 4. EFFECTIVE DATE. This license agreement shall take effect on the date it is executed by the Mayor of the City of Grand Island as dated below. It shall continue for an indefinite term until such time as it is terminated as provided hereafter.