Laserfiche WebLink
<br />-2- <br />III. <br />In order to induce CITY to pass such street and alley vacating <br />ordinances at this time, FAIRMONT herewith agrees to pay CITY the <br />sum of SEVENTY-FIVE THOUSAND DOLLARS ($75,000.00) cash, for the <br />re-location of such thirty-six inch (36") sanitary sewer main. <br />Nothing contained in this Agreement shall be construed as waiving <br />any of CITY'S standard fees for vacating streets and alleys, nor, <br />thereafter, any of CITY'S fees under any ordinance which may be <br />applicable to the property. <br />IV. <br />FAIRMONT agrees to SAVE AND HOLD HARMLESS the CITY from any loss, <br />claim, or liability, including reimbursement for any attorney's fees <br />which might be incurred by CITY in the defense of any such claim, <br />arising out of the abandonment by CITY of the thirty-six inch (36") <br />sewer line in the South 12th Street right-of-way, which said thirty- <br />six inch (36") sanitary sewer main shall be abandoned in place, and <br />shall not be removed by CITY. FAIRMONT, at its election, may choose <br />to pay the expense of injecting the plugged, abandoned portion of <br />such thirty-six inch (36") sanitary sewer main with grout or other <br />type of fill material, particularly beneath the portion of the property <br />on which FAIRMONT, its successors or assigns, may wish to construct <br />improvements. Nevertheless, whether or not FAIRMONT chooses to take <br />such protective measures, FAIRMONT agrees to be solely responsible <br />for any loss, claim or liability which might arise after the abandon- <br />ment of such sewer line, from or occasioned by such abandoned line <br />remaining under said former street right-of-way. <br />V. <br />This Agreement shall be binding upon the parties hereto, and <br />their successors and assigns. <br />r <br />