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2017/07/26 Council Agenda Packet
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2017/07/26 Council Agenda Packet
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Council Agenda Packet
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7/26/2017
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1 <br /> City's satisfaction, or(2)reimburse the City for all added costs related to such interference, <br /> including without limitation added costs of design, construction, and installation. The Director <br /> may extend the Election Period at the request of Lynch. If Lynch elects (1), Lynch shall <br /> commence work and shall diligently prosecute the modification,relocation or removal work to <br /> completion in accordance with a construction schedule reasonably established by the City. If <br /> Lynch fails to commence,prosecute, and complete such work in accordance with such schedule, <br /> the City at Lynch' sole expense may enter Lynch property and undertake the work on behalf of <br /> Lynch. If Lynch elects (2), Lynch shall give the City satisfactory assurance of payment of added <br /> costs at the time Lynch delivers the notice of election and Lynch shall reimburse the City for <br /> such added costs within thirty(30) days after delivery of an invoice from the City. <br /> C. Effect of Failure to Make Election. If Lynch does not duly deliver a <br /> notice of election during the Election Period,then the City may,by delivery of written notice to <br /> Lynch, make the election for Lynch, in which case such City election is fully binding upon <br /> Lynch. <br /> Section 7. Termination-Removal. <br /> A. Termination for Violation of Material Term or Condition of this <br /> Ordinance. If the Director determines that Lynch has violated any material term or condition of <br /> this Ordinance,the Director shall deliver written notice thereof to Lynch("Violation Notice"). <br /> If Lynch does not cure such violation within ninety(90) days after delivery of Violation Notice, <br /> then the City may, effective upon written notice to Lynch,terminate all permissions granted to <br /> Lynch under this Ordinance. <br /> B. Removal after Termination. Within one hundred and eighty (180) days <br /> after expiration of the term granted by this Ordinance or after delivery of a termination notice <br /> under Section 7A or Section 7B above, Lynch at Lynch's sole expense shall, unless directed <br /> otherwise by'the'Director,remove the Covered Walkway. If Lynch fails to commence and <br /> complete such removal work within such one hundred eighty(180) days,then the City at Lynch <br /> sole expense may enter Lynch' property and undertake such removal on behalf of Lynch. <br /> C. Removal Includes Restoration. Any removal of the Covered Walkway <br /> pursuant to this Ordinance also includes restoration of all portions of rights-of-way that may <br /> beu disturbed to as good a condition as it was prior to construction of the Covered <br /> Walkway: = - <br /> - 43 <br />
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