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201000736
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201000736
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Last modified
2/2/2010 4:06:52 PM
Creation date
2/2/2010 4:03:14 PM
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DEEDS
Inst Number
201000736
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201000736 <br />relating to the replacement or repair of the improvement. Licensee indemnifies and holds the <br />City harmless from and against all claims arising out of the use or occupancy allowed under <br />this agreement. <br />4. PUBLIC UTILITIES. It is understood that the Licensee will be responsible for <br />any necessary adjustments to public utilities. <br />5. RESTORATION OF PROPERTY. If the construction or maintenance of the <br />improvement identified in Paragraph 1 above requires the excavation of earth, removal of <br />hard surfacing, grass, vegetation, landscaping, or any other disruption of the surface of the <br />public right-of--way or neighboring property, the Licensee shall restore the surface of the area <br />to the same condition as it existed immediately prior to the Licensee's work in the area. <br />b. EFFECTIVE DATE. This License Agreement shall take effect on the date it is <br />executed by the Mayor of the City of Grand Island as dated below. It shall continue for an <br />indefinite term or until such time as it is terminated as provided hereafter. <br />7. TERMINATION. This License Agreement shall terminate upon one or more <br />of the following occurrences: <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, or <br />easement. <br />(b) The Licensee's application for a permit to alter said improvement or any part <br />thereof, unless said permit is for work due to an occurrence as described in Paragraph <br />3 above and said work has the prior written approval of the Licensor. <br />(c) The Licensee's construction or installation of any structure or improvement of <br />any nature upon the easement owned by the Licensor except that described in <br />Paragraph 1 above. <br />(d) The City may revoke this agreement at any time. <br />Upon the termination of this License Agreement, the Licensee shall be required, and <br />hereby agrees, to remove said improvement from the Licensor's easement at its own expense <br />and without cost to the Licensor. Said removal to occur no later than sixty (60) days after <br />receipt of the notice of intention to terminate or any of the occurrences set forth in Paragraph <br />7 above. The Licensee shall restore the surface of the area to the same condition as it existed <br />immediately prior to the Licensee's work in the area. Should the Licensee fail to do so, the <br />Licensor may remove or cause the removal of said improvement from the Licensor's <br />easement and the Licensee agrees to reimburse the Licensor for all its costs. <br />8. SUCCESSORS AND ASSIGNS. This agreement shall be binding upon the <br />parties hereto, their successors and assigns. <br />9. ENTIRE AGREEMENT. This License Agreement constitutes the entire <br />agreement between the parties notwithstanding any other oral or written agreements to the <br />2 <br />
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