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O-2009-3185 Bike-Pedestrian Trail easement on Pasadena owned property
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O-2009-3185 Bike-Pedestrian Trail easement on Pasadena owned property
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Last modified
11/2/2016 3:39:28 PM
Creation date
10/16/2009 9:44:27 AM
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Legislative Records
Legislative Type
Ordinance
Date
9/28/2009
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<br />any and all trail materials and/or related equipment and materials from that portion of the trail on <br />which the work is to be done. <br /> <br />The sole remedy of the City of LaPorte for failure of the City of Pasadena to give the notice <br />provided herein is termination of this Agreement. <br /> <br />likewise, if the Trail, or other structures appurtenant thereto, is damaged by the City of <br />Pasadena during road or drainage activities, the City of Pasadena reserves the right not to allow the City <br />of laPorte to rebuild the Trail or replace structures appurtenant thereof if to do so would impede the <br />City of Pasadena's use of the property, on which the Trail is located, for road or drainage purposes. In <br />this event, the City of Pasadena will permit the City of LaPorte, to the extent physically possible and <br />allowed by law, to relocate and rebuild the trail on other City of Pasadena property so as to connect <br />with the remainder of the trail in a continuous, non-interrupted fashion. <br /> <br />If any portion of the Trail, constructed or maintained by the City of LaPorte pursuant to this <br />Agreement, is damaged, other than through the sole fault of the City of Pasadena, the City of LaPorte, to <br />the extent permitted by law, will promptly repair said damage. The City of LaPorte shall notify the City of <br />Pasadena Director of Public Works and the Parks Director in writing of any such proposed repairs or <br />replacements to the Trail. The City of LaPorte shall not perform such repairs or replacements to the Trail <br />until they are approved in advance by the City of Pasadena Director of Public Works and the Parks <br />Director in writing. <br /> <br />XI. <br /> <br />During and after construction of the Trail, and during the term of this agreement, the City of <br />Pasadena may place one or more signs along the Trail indicating that the Trail is a joint project of the <br />City of Pasadena and the City of LaPorte, and that the Trail is available to the general public. <br /> <br />XII. <br /> <br />Subject Paragraph XI above, the City of LaPorte will have the exclusive control and supervision of <br />the Trail during the term of this agreement. The City of Pasadena has no obligation to inspect the Trail, <br />to determine whether the same is safe, nor to give notice to the users of the Trail that the Trail is <br />unsafe. <br /> <br />XIII. <br /> <br />The Trail is open to the use of the general public. No fee or charge shall be imposed for use <br />thereof. <br /> <br />XIV. <br />
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