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2004/12/29 Council Agenda Packet
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2004/12/29 Council Agenda Packet
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Council Agenda Packet
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12/29/2004
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6 <br /> VII. <br /> This Agreement shall remain in force until December 31, 2007. At least four (4) months <br /> prior to said date (i.e. by August 31, 2007), the parties agree to begin negotiating in good faith <br /> for a three year extension of this agreement with respect to disposition of charges to be collected <br /> from the City for the Hillside Basin portion of the Marshland Watershed for the period from <br /> January 1, 2008 through December 31, 2010. <br /> VIII. <br /> The Agreement may be terminated only upon mutual consent of the parties or as provided <br /> in this paragraph. Notice to terminate this Agreement may be given in writing by one party to <br /> the other prior to July 1 of the year termination is sought. After such notification, actual <br /> termination shall occur at the end of the calendar year. Marshland shall be paid the full amount <br /> of annual compensation for the year in which notice of termination is given. This Agreement <br /> does not provide for property acquisition and, therefore, a method of property disposal is not <br /> required. <br /> IX. <br /> The obligation of the City to make payments under this Agreement is contingent upon <br /> local legislative appropriation of the necessary funds in accordance with law. Any payment is <br /> subject to appropriation by the City Council. <br /> X. <br /> Invalidation of any of the provisions contained in this Agreement, or of the application <br /> thereof to any person, by judgment or court order, shall in no way affect any of the other <br /> provisions hereof or the application thereof to any other person and the remaining provisions not <br /> invalidated shall remain in full force and effect. <br /> XI. <br /> The parties represent to each other that the persons executing this Agreement for both <br /> parties in a representative capacity have authority to do so and to bind the parties hereunder. <br /> XII. <br /> By entering into this Agreement, the City is not admitting any liability. But to the extent <br /> the District may have a claim against the City for subjects covered by this Agreement the <br /> District accepts the compensation provided by this Agreement as full compensation for said <br /> claim and hereby waives its right to any such claim against the City. <br /> INTERGOVERNMENTAL AGREEMENT FOR ACCOMMODATING SURFACE <br /> WATER IN THE MARSHLAND FLOOD CONTROL DISTRICT-PAGE 3 <br /> i <br />
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