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Agmt 2005 EBRPD
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Agmt 2005 EBRPD
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Last modified
8/7/2009 8:53:56 AM
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8/7/2009 8:53:56 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
11/21/2005
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PERM
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Reso 2005-155
(Approved by)
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\City Clerk\City Council\Resolutions\2005
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in the place and stead of any insurance carrier, any references to failure of <br />coverage notwithstanding. <br />Revisions. As circumstances change during the life of this license, CITY <br />may from time to time require and DISTRICT agrees to provide, revisions in the fore- <br />going insurance requirements sufficient in CITY'S opinion to provide adequate pro- <br />tection for both CITY and DISTRICT. <br />8. In the event CITY shall bring suit to compel performance of or to <br />recover for breach of any covenant, agreement or condition herein contained and shall <br />prevail in said suit, DISTRICT agrees to pay CITY'S reasonable attorney's fees in <br />addition to the amount of the judgment and costs. <br />9. All rights herein given to DISTRICT are subject to all existing rights, <br />rights of way, reservations and easements by whomsoever held in and to said real <br />property. <br />10. No rights of DISTRICT hereunder shall be transferred or assigned unless <br />the written consent to CITY is first secured, provided that DISTRICT may assign, <br />its rights hereunder to any successor public agency. With that exception, this <br />agreement and each and all of the covenants herein contained shall inure to the <br />benefit of and be binding upon the successors and assigns of the respective parties <br />hereto. <br />11. If DISTRICT shall, at any time, abandon the access or any portion <br />thereof or fail to use the access for the purposes for which this license is granted, <br />then all rights of DISTRICT in and to said real property or said portion thereof so <br />abandoned or not so used shall thereupon cease and terminate. upon any termination <br />of such rights of DISTRICT hereunder, DISTRICT shall at DISTRICT'S expense, promptly <br />upon request by CITY so to do, remove the access from said real property. Abandon- <br />ment of the access or any portion thereof shall be deemed to have occurred only <br />by appropriate resolution of the Board of Directors of DISTRICT. <br />-5- <br />
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