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1028 13TH ST 2019-11-07
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1028 13TH ST 2019-11-07
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Last modified
11/7/2019 9:01:51 AM
Creation date
11/7/2019 9:01:27 AM
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Address Document
Street Name
13TH ST
Street Number
1028
Notes
PSO1 REROUTE SOUTH OF HOTEL INDIGO
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the hazard, the parties shall resolve the disagreement pursuant to the dispute resolution <br /> provisions set forth below. <br /> 4. In the event either party places any improvements within the Easement Area <br /> without first having obtained the written approval of the other party,the party acting without <br /> approval shall cease all such activity and remove any and all improvements placed therein <br /> without the written agreement of the other party if such improvement(s) were placed by <br /> Grantor and unreasonably interfere with any easement rights or if such improvement(s)were <br /> placed by Grantee and exceed the scope of any easement rights. In the event either party <br /> fails to obtain approval of the other party and the improvement placed by Grantor <br /> unreasonably interferes with Grantee's easement rights or the improvement placed by <br /> Grantee exceeds beyond any easement rights, the party acting without approval hereby <br /> authorizes the other party to remove any and all such improvements placed or constructed <br /> therein and holds the other party, its officers, employees and agents harmless from damage <br /> caused to said improvements arising out of or related to their removal. The party acting <br /> without approval further agrees to pay the other party for any and all costs incurred by the <br /> other party in removing the improvements. This right is in addition to any other right the <br /> parties may have at law or in equity. <br /> 5. Prior to the City conducting any activity within the Easement Area, such as, <br /> but not limited to, maintenance and repair work, it shall notify the Grantor in advance and <br /> obtain the Grantor's prior written approval, which may contain conditions on hours and <br /> traffic control, and which prior written approval shall not be unreasonably withheld or <br /> delayed or conditioned. Provided,however,that denial of such a request for non-emergency • <br /> work or activity does not constitute an unreasonable denial or delay if (1) such work would <br /> occur less than 48 hours after the delivery of the request; (2) such work,in the sole judgment <br /> of the Grantor, would conflict with the customary transportation of cargo; or(3) such work, <br /> in the sole judgment of the Grantor, interferes with Grantor's obligations with respect to the <br /> 4 <br />
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