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<br />200902436 <br /> <br />of the use or occupancy allowed under this agreement. <br />The Licensee is aware that a high power voltage line runs on the west side <br />of the street right-of-way adjacent to each lot. A five (5) foot horizontal separation must <br />be maintained between the high power voltage line and the discharge pipe. It is also <br />understood that should the City have repairs to make to the high power voltage line, the <br />City is not responsible for any damage to the discharge pipe. <br />Licensee is responsible for ensuring ice does not develop, from the <br />discharge pipe, on the abutting sidewalk and/or street, which would create a hazardous <br />situation for the general public. <br /> <br />4. RESTORATION OF PROPERTY. If the construction or maintenance of <br />the improvement identified in Paragraph I above requires the excavation of earth, <br />removal of hard surfacing, grass, vegetation, landscaping, or any other disruption of the <br />surface of the public right-of-way or neighboring property, the Licensee shall restore the <br />surface of the area to the same condition as it existed immediately prior to the Licensee's <br />work in the area. <br /> <br />5. EFFECTIVE DATE. This License Agreement shall take effect on the date <br />it is executed by the Mayor of the City of Grand Island as dated below. It shall continue <br />for an indefinite term or until such time as it is terminated as provided hereafter. <br /> <br />6. TERMINATION. This License Agreement shall terminate upon one or <br />more of the following occurrences: <br /> <br />(a) The service of written notice of intention to terminate by licensee and the <br />removal of any improvements infringing upon the City's property, right-of-way, <br />or easement. <br /> <br />(b) The Licensee's application for a permit to alter said improvement or any <br />part thereof, unless said permit is for work due to an occurrence as described in <br />Paragraph 3 above and said work has the prior written approval of the Licensor. <br /> <br />(c) The Licensee's construction or installation of any structure or <br />improvement of any nature upon the easement owned by the Licensor except that <br />described in Paragraph 1 above. <br /> <br />(d) The City may revoke this agreement at any time. <br /> <br />Upon the termination of this License Agreement, the Licensee shall be required, <br />and hereby agrees, to remove said improvement from the Licensor's easement at its own <br />expense and without cost to the Licensor. Said removal to occur no later than sixty (60) <br />days after receipt of the notice of intention to terminate or any of the occurrences set forth <br />in Paragraph 6 above. Should the Licensee fail to do so, the Licensor may remove or <br />cause the removal of said improvement from the Licensor's easement and the Licensee <br />agrees to reimburse the Licensor for all its costs. <br /> <br />7. SUCCESSORS AND ASSIGNS. This agreement shall be binding upon <br />