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Agenda Packets - 2015/09/14
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Agenda Packets - 2015/09/14
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Last modified
1/28/2025 4:50:03 PM
Creation date
6/19/2018 5:10:34 PM
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MV Commission Documents
Commission Name
City Council
Commission Doc Type
Agenda Packets
MEETINGDATE
9/14/2015
Supplemental fields
City Council Document Type
City Council Packets
Date
9/14/2015
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<br /> <br /> <br />2 <br />467428v3 SJR MU210-5 <br />agreements herein to be performed by Grantees and other good and valuable <br />consideration, and subject to the limitations contained herein, the Grantor does hereby <br />allow Grantees to continue using the Subject Property for maintaining an in-ground <br />swimming pool and related infrastructure within the Easement Area. <br /> <br />2. Term and Extensions. The term of this Agreement commences on the date that this <br />Agreement is executed by the parties and will remain valid until December 31, 2030, or <br />such earlier date as provided for in this Agreement. At that time, this Agreement will <br />continue on a month-to-month basis until terminated by one or both parties. The parties <br />may amend this Agreement to extend the termination date at any time in the future, but <br />no amendment shall be valid until executed by both parties and recorded against the <br />property. <br /> <br />3. Termination During Term. This Agreement may be terminated prior to the expiration of <br />the term set forth herein, as follows: <br /> <br />a Any party may terminate this Agreement during its term by giving at least <br />ninety (90) days advance written notice to the other party. <br /> <br />b. Termination will be effective on the date specified in the notice, and if no date <br />is specified, ninety (90) days following the mailing of notice. <br /> <br />4. Termination After Term. This Agreement will continue on a month-to-month basis <br />following the term specified herein. During that time, one or both parties may terminate <br />this Agreement by notifying the other, in writing, of the termination. Termination shall <br />be effective thirty (30) days following the mailing of notice, unless the notice provides a <br />specified date that is more than thirty (30) days after the date of mailing of the notice. <br /> <br />5. Termination Upon Removal. This Agreement shall be automatically terminated if the <br />swimming pool is permanently removed from the Subject Property. <br /> <br />6. Restriction on Improvements. The Grantees agree that the current in-ground swimming <br />pool improvement located within the Subject Property constitutes all improvements, both <br />as to size and location, authorized by this Agreement. Specifically, Grantees agree not to <br />construct or cause to be constructed any additional improvement that would prohibit the <br />free flow of water within the Subject Property, and that Grantees further agree that no <br />structure, other than a fence that allows for the free flow of water, will be constructed <br />within the Easement Area. <br /> <br />7. Flood Acknowledgment. Grantees have been put on notice that the Subject Property is <br />part of the Easement Area which creates a substantial likelihood that flooding may occur <br />in or around this area. Such flooding or related activity carries a significant risk of <br />causing irreparable damage to any improvements constructed and maintained in the
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