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Res 1995-225
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Res 1995-225
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6/28/2007 8:27:43 AM
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6/28/2007 8:27:42 AM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
1995-225
Date
12/11/1995
Volume Book
121
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<br /> -~, "~lJß <br /> 1226 424 <br /> In the event that Licensee fails to maintain the Licensed Area or otherwise comply <br /> with the terms or conditions as set forth herein, then Licensor shall give Licensee written <br /> notice thereof, by registered or certified mail, return receipt requested, to the address set <br /> forth below. Licensee shall have thirty (30) days from the the date of receipt of such notice <br /> to take action to remedy the failure complained of and, if Licensee does not satisfactorily <br /> remedy the same within the 3D-day period, Licensor may perform the work or contract for <br /> the completion of the work at Licensee's expense. <br /> IX, <br /> This license shall expire automatically upon removal of the improvements currently <br /> located on the Licensed Area. The Licensed Area shall automatically be revised to delete <br /> any portion of the Licensed Area in which the Licensee voluntarily removes a structure or <br /> improvements; this does not apply to the repair by the Licensee of any accidental damage <br /> to a structure or improvements. <br /> , ' X, <br /> This license is revocable by the governing body of Licensor at any time if, in the <br /> opinion of such governing body, such revocation is reasonably required by the public <br /> interest. Further, and subject to prior notification to Licensee or its successors in interest, <br /> it is revocable by such governing body upon its determination that: <br /> a. Licensee or its successors has failed to comply with the terms of this license <br /> agreement; or, <br /> b. The proposed improvements or a portion of them interfere with the rights of <br /> Licensor or the public in said public utility easement; or, <br /> c. Use of the public utility easement area becomes necessary for a public <br /> purpose; or, <br /> d, Said improvements or a portion of them constitute a danger to the public <br /> which is not remediable by maintenance or alteration of the said improvements; or, <br /> e, Maintenance or alteration necessary to alleviate a danger to the public has <br /> not been made within a reasonable time after the dangerous condition has arisen. <br /> XI. <br /> Upon a sale of the real property described and depicted in Exhibit "A", Licensee <br /> shall be entitled to assign its interest in this license agreement without the written consent <br /> of Licensor. Licensee shall furnish to Licensor a copy of any such assignment, which <br /> assignment shall include the name of the assignee, the effective date of the assignment, <br /> the address of the assignee and the name of the contact person for the assignee, <br /> XII. <br /> All notices, demands and requests or delivery of documents or information <br /> hereunder shall be in writing and shall be deemed to have been properly delivered and <br /> received as of the time of delivery if personally delivered, as of the time deposited in the <br /> mail system if sent by United States Certified mail, return receipt requested, and postage <br /> prepaid, or as of the time of delivery to Federal Express (Or comparable express delivery <br /> system) if sent by such method with all costs prepaid, All notices, demands and requests <br /> 3 <br />
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