Ordinance 4146 - Laserfiche WebLink

c • adjustment, repair, maintenance, operation or use of said Covered Walkway, the said Grantee its successors and assigns shall upon notice to it or them upon commencement of any suit or action defend the same at its or their sole cost and expense. And in case judgment shall be rendered against said City in any such suit or action, said Grantee, its successors and assigns shall fully satisfy such judgment within ninety (90) days after such action or suit shall have been finally determined adversely to the City. Section 4: That the Grantee its successor or assign shall not erect, construct, reconstruct, relocate, or replace said Covered Walkway except under the supervision, control of and in strict accordance with plans and specifications heretofore approved and adopted by the City of Everett and the said Grantee, its successors and assigns when directed to do so by the City of Everett shall at its or their own cost and expense reconstruct, relocate, and replace said Covered Walkway in strict accordance with plans approved and adopted by the City of Everett whenever such construction, relocation or replacement shall in the judgement of the City be necessary or convenient because of deterioration or unsafe condition of Covered Walkway, because of the installation, erection, construction, reconstruction, replacement, maintenance, operation or repair of any and all municipally owned public utilities or for any other cause necessary for public convenience. Section 5: Nothing in this ordinance contained shall be consbued as granting an exclusive franchise privilege or privileges for the use of said Avenue or any portion thereof and the rights granted by this ordinance shall be subject to the rights of the City Council or the people of the City of Everett acting for themselves by the initiative and referendum at any time to repeal , amend or modify this ordinance and grant without due regard for the rights of the Grantee, its successors and assigns in the interest of the public anc to cancel , forfeit and abrogate any right, privilege or authority granted by this ordinance if the same were not exercised in full accordance with the provisions of, or at all , and at any time during the life of this grant to acquire by purchase or condemnation for the use of the City itself all the property of the Grantee, its successors or assigns placed under this grant in the limits of the public Avenue at a fair and just value, which will not include any valuation of the grant itself or any of the rights, privileges or authority herby conferred which grants, rights, privileges and authority shall thereupon terminate. Section 6: This grant is subject to the primary use by the City of Everett of said Avenue as a public thoroughfare and the City expressly reserves the right to require the said Grantee, its successors or assigns, to remove said Covered Walkway in case it iso at any time, rendered necessary by the fact that the use of the space occupied by the said Overhead Covered Walkway is convenient or required for, or if said Covered Walkway interferes with any primary use of such space by the City of Everett and a determination by the City Council by ordinance, that such space is so required for such primary use, shall be conclusive and final without any right of the Grantee, -2-