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LICENSE AGR EME T This License Agreement is made by and between the CITY OF BRAND ISLAND, NEBRASKA, a Municipal Corporation, herein referred to as the "City" and FRANCIS J. WHELAN and JOYCE L. WHELAN, husband and wife, 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: A fence to be placed in the public right of way on the south side of Yund and D Street at 214 South Vine Street, Grand Island, Hall County, 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: Part of Fractional Lots 1 and 2, and all of Fractional Lots 3, in Fractional Block 150, in U.P.R.R. Second Addition to the City of Grand Island, Hall County, Nebraska, more particularly described as follows: Commencing at the Northeasterly corner of said Fractional Block 150; running thence in a Westerly direction along and upon the Northerly boundary line of said Fractional Block, for a distance of 164.4 feet to the Northwesterly corner of said Fractional Lot 3, running thence in a Southeasterly direction to a point on the Southerly line of Fractional Lot 2, which point is 76.0 feet Southeasterly from the Northwesterly corner of said Fractional Lot 3, running thence in an Easterly direction parallel with the Northerly line of said Fractional Block for a distance of 98.1 feet to the Easterly boundary line of said Fractional Block; running thence in a Northerly direction along and upon the Easterly boundary line of said Block for a distance of 37.2 feet to the place of beginning. 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 independant 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 independent . I J