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<br /> Everett, shall, at its or their own costs and expense, reconstruct,
<br /> relocate, replace said Overhead bridge in strict accordance with
<br /> plans approved and adopted by the City of Everett, whenever such
<br /> reconstruction, relocation or replacement shall, in the judgment of
<br /> the City, be necessary or convenient because of deterioration or
<br /> unsafe condition of said Overhead Fridge because of the installa-
<br /> tion, erection, construction, reconstruction, replacement, main-
<br /> tenance, operation or repair of any and all municipally owned public
<br /> utilities or for any other cause necessary for public convenience.
<br /> Section 5: Nothing in this ordinance contained shall be
<br /> construed as granting an exclusive franchise or privilege for the
<br /> use of said street or any portion thereof and the rights granted
<br /> by this shall be subject to the right of the City Council or the
<br /> people of the City of Everett acting for themselves by the
<br /> initiative and referendum at any time to repeal, amend or modify
<br /> this ordinance and grant with due regard for the rights of the
<br /> Grantee, its successors and assigns in the interest of the public
<br /> and to cancel, forfeit and abbrogate any right, privilege or
<br /> authority granted by this ordinance if the same were not exercised
<br /> in full accordance with the provisions hereof or at all, and at any
<br /> time during the life of this grant to acquire by purchase or
<br /> condemnation for the use of the Laity itself all the property of
<br /> the Grantee, its successors or assigns placed under this Grant in
<br /> the limits of the public street, at a fair and just value which
<br /> will not include any valuation of the grant itself or any of the
<br /> rights, privileges or authority hereby conferred, which grant,
<br /> rights, privileges and authority shall thereupon terminate.
<br /> Section 6: This grant is subject to the primary use by
<br /> the City of Everett of said street as a highway and the City
<br /> expressly reserves the right to require the said Grantee, its
<br /> successors and assigns to remove said Overhead Bridge in case it is
<br /> at any time rendered necessary by the fact that the use of the
<br /> space occupied by said Overhead Bridge is convenient or required
<br /> for, or if said Overhead Bridge interferes with any primary use
<br /> of such space by the City of Everett and a determination by the
<br /> City Council by ordinance that such space is so required for such
<br /> primary use shall be conclusive and final without any right of the
<br /> Grantee, its successors and assigns, to resort to the courts to
<br /> question the same.
<br /> Section 7: The rights, privileges and authority hereby
<br /> granted shall not be assignable or transferrable by operation of
<br /> law, nor shall said Grantee, its successors and assigns, assign,
<br /> transfer mortgage, pledge or encumber the same without the consent
<br /> of the City Council by resolution first having been obtained.
<br /> Section 8: Said Grantee shall forfeit and be deemed to have
<br /> forfeited and abandoned all rights, privileges and authority grant-
<br /> ed by this ordinance, unlesswitnin sixty (60) days after the
<br /> approval of this ordinance said Grantee files in the office of the
<br /> City Clerk the Surety Company Bond hereinafter mentioned and also
<br /> a written acceptance, bearing the corporate seal of the Grantee,
<br /> sia%,ned by its duly authorized officers and accepting the benefits
<br /> of this ordinance and the rights, privileges and authority hereby
<br /> granted, subject to all the terms, conditions, restrictions,
<br /> restraints, specifications and requirements hereby imposed. The
<br /> said urantee shall, within sixty (60) days after the approval of
<br /> this ordinance, file in the office of the (,l ty Clerk a good and
<br /> sufficient bond in the sum of 4,5,000 executed by a surety company
<br /> authorized and qualified to do business in the State of aashington,,
<br /> conditioned to indemnify and save harmless the City of Everett
<br /> from and against any and all claims, actions, suits, liability,
<br />
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