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8N Consent 2011 0207
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8N Consent 2011 0207
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Last modified
2/15/2011 9:57:39 AM
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2/3/2011 5:58:10 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
2/7/2011
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_CC Agenda 2011 0207
(Reference)
Path:
\City Clerk\City Council\Agenda Packets\2011\Packet 2011 0207
Reso 2011-016
(Reference)
Path:
\City Clerk\City Council\Resolutions\2011
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• <br /> 'with the license described in this Agreement, including but not limited to <br /> attorney's fees, court costs, witness fees and loss of time of City personnel. <br /> Should this license be terminated or forfeited for any cause or reason what- <br /> soever, any fees theretofore paid by Licensee to City shall be without recourse <br /> or refund. <br /> 11. In the event of the expiration, revocation or termination of this <br /> license, or the permanent discontinuance of the use, of any pipeline, or portion <br /> thereof, maintained-or operated pursuant to this license, Licensee shall, within <br /> thirty (30) days thereafter make written-application to the city Manager for -in- <br /> etructione as to the disposal to be made of license property. Such application <br /> shall describe said property and shall be accompanied by a map designating its • <br /> • <br /> location with respect to street lines and pavements. Said City Manager shall <br /> within sixty (60) days of the receipt of such'application order said properties <br /> to be removed or permit said properties to be abandoned in place; provided, how . <br /> ever, that if'said City Manager shall determine that ankh removal mill materially. <br /> inure or shorten the life of the portion of -the pavement, said properties. <br /> shall be required to be abandoned in place. . <br /> • <br /> When the abandonment of license properties shall be permitted or required <br /> pursuant to the provisions of this license, the pipelines or portions thereof <br /> affected'ehall be capped, plugged, removed or otherwise abandoned in such manner <br /> as maybe prescribed by the City Manager. The ownership of all license propertied <br /> so abandoned in place'must be transferred to the City after the,cosp1etion of. <br /> the required work. <br /> All work done pursuant to the provisions of this section shall be under the- <br /> : <br /> supervision of the City Manager, and to hie <br /> 12. This license ehall'not be terminated in whole or in part, nor shall <br /> Licensee be deemed to be in default of the performance of any of its obligations <br /> hereunder (except for the obligation with respect to"indemnity which is not <br /> suspended hereby) as a result of of Licensee to conduct or otherwise per- <br /> form his obligations hereunder while and so long as Licensee is hindered in or <br /> prevented from performance by act of Cod, accident, strike, lockout'or other labor. <br /> - 6 - <br />
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