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ordinance if the same were not exercised in full accordance <br />with the provisions of, or at all, and. a t any time during the <br />life of this grant to acquire by purchase or condemnation for <br />the use of the City itself all the property of the Grantee, <br />its successors or assigns placed under this grant in the <br />limits of the public alley at a fair and just value, which <br />will not include any valuation of the grant itself or any <br />of the rights, privileges or authority hereby conferred which <br />grants, rights, privileges and authority shall thereupon <br />terminate. <br />Section 7: This grant is subject tb the primary use <br />by the City oz =verett of said alley as a public thoroughfare <br />and the City expressly reserves the right to require the said <br />Grantee, its successors or assigns, to remove said Covered <br />Walkway and/or Canopy in case it is, at any time, rendered <br />necessary by the fact that the use of the space occupied by <br />the said Overhead Covered Walkway and Canopy is convenient <br />or required for, or if said Covered Walkway and/or Canopy <br />interferes with any primary use of such space by the City of <br />Everett and a determination by the City Council by ordinance, <br />that such space is so required for such primary Ise, shall <br />be conclusive and final without any right of the Grantee, its <br />successors and assigns, to resort to the courts to question <br />the same. <br />Section 8: The rights, privileges and authority <br />hereby granted shall not be assignable or transferable by <br />operation of law, nor shall said Grantee, its successors and <br />assigns assign, transfer, mortgage, pledge or encumber the <br />same without the consent of the City Council by Resolution <br />first having been obtained. <br />Section 9: Said Grantee shall forfeit and be deemed <br />to have for'eited and abandoned all rights, privileges, and <br />authority granted by this ordinance unless, within sixty (60) <br />days after the approval of this ordinance, said Grantee files <br />in the office of the City Clerk a written acceptance bearing <br />the corporate seal of the Grantee, signed by its duly author. <br />ized officers and accepting the benefits of this ordinance <br />and the rights, privileges and authority hereby granted, subject <br />to all the terms, conditions, restrictions, restraints, speci- <br />fications and requirements hereby enclosed. <br />Attest: <br />I <br />ity Clerk <br />PASSED: FEB 16 4965' <br />PUBLISHED: FEB 1 7 19gs <br />3 <br />4 )2 <br />• <br />