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1 LZCEPISE AGP.EEMENT THIS AGREE?~[ENT entered into by and between the City of Grand Island, Nebraska, a municipal corporation, hereinafter referred to as the City, and Grand Island Hardware Co., doing business as Ace ?-iardware, hereinafter referred to as the Licensee. WHEREAS, the Licensee is currently the owner and oper- ator of a structure located upon the location of a sanitary sewer main; and W4H;REAS, the Licensee desires to expand its facilities in such a manner as to expand its encroachment over the public utiiity easement. N4W, T'dERErORE, in consideration of the mutual covenants herein contained, the Darties agree as follows: i. The City hereby grants to the Licensee a license to use and occupy, subject to the terms of this agreement, the public utilities easement located in Block rive (5), Kernohan ~ Decker Addition to the City of vrand Island, and adjacent vacai~.~ Harrison Street; provided, the Licensee shall not occupy the afore- said easement for any purposes except as authorized herein. 2. It is understood and agreed that the Licensee can construct a coranercial building upor_ the public utilities easement provided that the utilities supplied within such easement are pro- perly safeguarded, as indicated in plans and specifications to be approved by the City's Director of Public Tdorks. Said vlans shall include but shall not necessarily be limited to the use of cast iron pipe for that portion of the sanitary sewer main lying beneath the proposed com*~ercial building. The Licensee hereby waives any claim far damages against the City of Grand Island, its officers, agents, employees, and independent contractors for any damage or injury that may result to the commercial building being constructed upon said public utilities easement. 3. The Licensee shall indermify and bald harmless the City from and against any and all loss and damage and any and all ctaims, demands, suits, liabilities, and payments in contract or - 1 -