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RES 83-011 RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE THE AGREEMENT WITH OSBORNE PROPERTIES
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RES 83-011 RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE THE AGREEMENT WITH OSBORNE PROPERTIES
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12/30/2015 6:58:13 PM
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23
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RES 1983
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RES 83-011 RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE THE AGREEMENT WITH OSBORNE PROPERTIES
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such tunnelling or maintenance or repairs or alterations- or <br /> removal within the said thirty (30 )-day period, the City may <br /> tunnel under or alter or remove such Improvements in order to <br /> effect such maintenance or repairs, and the cost of such " <br /> tunnelling, alteration or removal shall be paid to the City by <br /> Osborne Properties upon demand. In the event of . an emergency <br /> requiring immediate access to the Easement Area in a manner <br /> which would necessitate the alteration or removal of some or <br /> all of the Improvements, the City shall have the right to <br /> forthwith, after reasonable notice to Osborne Properties under <br /> the circumstances, tunnel under or alter or remove such <br /> Improvements, and the cost of .such tunnelling,. alteration or <br />% removal shall be paid to the City by Osborne Properties upon <br /> demand. The parties agree and acknowledge that, under normal <br /> circumstances, tunnelling shall be preferable to alteration or <br /> removal. <br /> 3. In the event of tunnelling or alteration or <br /> removal of all or any portion of the .Improvements by the: City <br /> and ,the failure of. Osborne Properties to pay to the City the <br /> cost of such tunnelling, alteration or removal within thirty <br /> ( 30) days of demand therefor by the City, the City may, cause <br /> the cost of such tunnelling, alterations or removal to be <br /> specially assessed against the -Subject Premises. <br /> 4. In the event of the tunnelling under or alteration <br /> or removal of all or any part of the Improvements, the City <br /> -4- <br />
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