CC PACKET 01111983 - Laserfiche WebLink

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Properties shall have a period of ten (10) days from receipt of such tunnelling or maintenance or repairs or alterations or said notice in which to effect at its cost such maintenance or removal within the said thirty (30)-day period, the City may repair. In the event that Osborne Properties fails to effect I tunnel under or alter or remove such Improvements in order to such maintenance or repair, or to commence and diligently !� effect such maintenance or repairs, and the cost of such pursue the same, within said period,, the City, at its option, tunnelling, alteration or removal shall be paid to the City by shall (i) require Osborne Properties to effect such maintenance Osborne Properties upon demand. In the event of an emergency or repair, at its sole cost and expense, of that portion of the requiring immediate access to the Easement Area in a manner utilities contained in the Easement Area in the manner which would necessitate the alteration or removal of some or prescribed by the City in such notice within thirty (30) days all of the Improvements, the City shall have the right to of the date of delivery of such notice, or within such shorter forthwith, after reasonable notice to Osborne Properties under time period as may be required by the circumstances; (ii)' the circumstances, tunnel under or alter or remove such require Osborne Properties to cause, at its sole cost and Improvements, and the cost of such tunnelling, alteration or expense, such tunnelling, alteration or removal of the removal shall be paid to the City by Osborne Properties upon Improvements as is reasonably necessary to enable the City to demand. The parties agree and acknowledge that, under normal gain access for the purpose of such maintenance or repair, at circumstances, tunnelling shall be preferable to alteration or the City's costs, within thirty (30) days of the date of removal. delivery of such notice, or within such shorter time period as 3. In the event of tunnelling or alteration or may be required by the circumstances; or (iii) effect such removal of all or any portion of the Improvements by the City t maintenance or repair, in which event the City shall have the and the failure of Osborne Properties to pay to the City the right to tunnel under, and/or alter or remove such Improvements cost of such tunnelling, alteration or removal within thirty and the cost of such tunnelling, alteration or removal, but not (30) days of demand therefor by the City, the City may cause the costs of such maintenance or repairs to the utilities,' the cost of such tunnelling, alterations or removal to be shall be paid to the City by Osborne Properties upon demand, specially assessed against the Subject Premises. In the event that the City elects either alternative set forth 4. In the event of the tunnelling under or alteration in (i) or (ii) above and Osborne Properties does not effect or removal of all or any part of the Improvements, the City F -3- -4-