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200808878 SOUTHERLY BOUNDARY LINE OF OKLAHOMA AVENUE, FOR A DISTANCE OF 65.68 FEET; THENCE RUNNING IN A SOUTHEASTERLY DIRECTION, FOR A DISTANCE OF 130,64 FEET; MORE OR LESS TO THE NORTHERLY BOUNDARY LINE OF THE C.B. & Q. RAILROAD BELT LINE RIGHT-OF-WAY; RUNNING THENCE IN A NORTHEASTERL Y DIRECTION ALONG AND UPON SAID RAILROAD RIGHT-OF-WAY, FOR A DISTANCE OF 65.96 FEET; RUNNING THENCE IN A NORTHWESTERLY DIRECTION, FOR A DISTANCE OF 130.52 FEET, MORE OR LESS, 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 Licensor, its officers, employee, agents and independent con~ctors for any damage or injury . .--4ha.t may result to said improvement. If the Licensor, in its sole discretion, determines that any part or all of the improvement must be removed or is damaged by the Licensor, its employees, agents or independent contractors working for the Licensor during the course of their employment or duties with the Licensor, the Licensee agrees to assume and pay all costs relating to the replacement or repair of the improvement. Licensee indemnifies and holds the City harmless from and against all claims arising out of the use or occupancy allowed under this agreement. 4. FUTURE SANITARY SEWER TRUNK LINE. It is understood that the City will be constructing a thirty-six inch (36") sanitary sewer interceptor line along the Hike/Bike Trail south of the above mentioned property. Should the City incur additional costs because of the communication system constructed by the Licensee, said costs shall be the responsibility of the Licensee. 5. RESTORATION OF PROPERTY. If the construction or maintenance of the improvement identified in Paragraph 1 above requires the excavation of earth, removal of hard surfacing, grass, vegetation, landscaping, or any other disruption of the surfuce of the public right-otway or neighboring property, the Licensee shall restore the surface of the area to the same condition as it existed immediately prior to tre Licensee's work in the area. 6. 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 or until such time as it is terminated as provided hereafter. 7. TERMINATION. This License Agreement shall terminate upon one or more of the following occurrences: (a) The service of written notice of intention to terminate by licensee and the removal of any improvements infringing upon the City's property, right-of-way, or easement. (b) The Licensee's application for a permit to alter said improvement or any part thereof, unless said permit is for work due to an occurrence as described in Paragraph 3 above and said work has the prior written approval of the Licensor. 2