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0 <br />required, reserve such public utility easements as requested by <br />affected utilities, and give such notice as provided by law in order <br />to accomplish such abandonments. Provided however, that the <br />determination of the City Council shall be made solely and exclusively <br />upon the receipt of competent evidence submitted on the question as <br />provided by law. Should the City Council not make its order vacating <br />Parcels 5, 6, 7 and 8 then this agreement shall be voidable at the <br />option of either party. Notwithstanding such abandonment proceedings, <br />to the extent that it is later determined that City retains any <br />interests in said Parcels, City agrees to execute a quitclaim deed or <br />deeds of such interests in favor of the Company. <br />2. The Davis/Alvarado Street Assessment District AD #93-1 was <br />formed and special assessments established for certain properties <br />benefitted by improvements to be undertaken by the District. A <br />portion of APN 75-60-2 owned by the Company is or will be liable for <br />payment of such assessments in the principal amount of $164,557. City <br />agrees that it will pay, without prior notice or demand of the <br />Company, all assessments when due including interest, penalties and <br />costs thereon. City may, in its sole and exclusive discretion elect <br />to prepay all or a portion of the assessment. <br />3. City shall prepare and submit to the CPUC an application to <br />abandon the public street at -grade crossings at Thornton Street <br />(D-15.1) and West Estudillo Avenue (D-14.8). Such application shall <br />request approval of a new at -grade crossing at Alvarado Street as <br />April 20, 1987 -3- <br />May 27, 1987 <br />June 17, 1987 <br />October 29, 1987 <br />