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201002622
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4/20/2010 4:05:21 PM
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4/20/2010 4:01:54 PM
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DEEDS
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201002622
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2oioo2s2~ <br />observing well will be installed. Licensee indemnifies and holds the City harmless from and <br />against all claims arising out of the use or occupancy allowed under this agreement. <br />Notification must be given to residents within sampling area. The Licensee shall carry <br />insurance for the duration of this project; as long as the wells are in place and being <br />monitored. All applicable local, state, and federal laws, rules and regulations shall be <br />followed by the Licensee. A copy of the test results from samples taken under this agreement <br />will be given to the City and normal use of the property will not be disrupted. <br />4. LICENSOR'S DUTIES AND RISKS. The City of Grand Island shall be held <br />harmless from any work done by the Licensee. The Licensee shall be responsible for the <br />work and the wells as long as they are in place. The Licensor shall not be held responsible for <br />any injury to the groundwater, injury to employees or agents of Holiday Companies or <br />Geotechnical Services, Inc., injury to any 3ra p~,_ <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. Any <br />disruption to the area will be matched to the existing surface; no filling or cutting. <br />6. 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 until such <br />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 or right-of--way. <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 real estate 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 restore the Licensor's real estate at its own expense and without cast to the <br />Licensor. Said restoration to occur no later than sixty (60) days after receipt of the notice of <br />intention to terminate or any of the occurrences set forth in Paragraph 7 above. Should the <br />Licensee fail to do so, the Licensor may cause the restoration of said Licensor's real estate <br />and the Licensee agrees to reimburse the Licensor for all its costs. <br />2 <br />
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