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1996-080-RES WHEREAS, CITY COUNCIL DID HERETOFORE ON THE 9TH DAY OF JUNE 1985 AUTHORIZED
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1996-080-RES WHEREAS, CITY COUNCIL DID HERETOFORE ON THE 9TH DAY OF JUNE 1985 AUTHORIZED
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8/18/2006 4:31:46 PM
Creation date
4/6/2005 1:47:51 AM
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CITY CLERK
Doc Name
1996
Doc Type
Resolution
CITY CLERK - Date
7/15/1996
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<br />Property Owner should discontinue farming the site to the detriment of the Sludge disposal <br /> <br /> <br />operation CITY shall have the right to take over farming operations and then shall have all rights <br /> <br /> <br />to crops or forage. CITY and BARROW will cooperate in controlling horse nettles which <br /> <br /> <br />appear to have been delivered through sludge and will cooperate in controlling any foreign weeds <br /> <br /> <br />or vegetation delivered in the sludge during the terms of this renewal lease. <br /> <br /> <br />Sec. 3.3 - Indemnification. <br /> <br /> <br />CITY will defend any suit brought against Property Owner as a result of CITY'S <br /> <br />application of Sludge on Application Site and will indemnify and hold harmless Property Owner <br /> <br />for damages for which Property Owner becomes liable, as a result thereof. CITY will purchase <br /> <br /> <br />Application Site from Property Owner should irreparable environmental damage result to said <br /> <br /> <br />site as a result of Sludge application. The Application Site shall be appraised by Pat Murphy <br /> <br /> <br />& Associates to establish the value per acre of the application site as soon as practicable after <br /> <br /> <br />the discovery of such irreparable environmental damage occurs. CITY will pay for said <br /> <br /> <br />appraisal which will be attached hereto as Exhibit E. Should only part of the Application Site <br /> <br /> <br />be damaged the CITY may purchase either all of the site or just the damaged portion, at its <br /> <br /> <br />option. In the event that Pat Murphy & Associates is not available to perform such appraisal, <br /> <br /> <br />then the CITY shall select an appraiser and BARROW shall have the right to either agree to the <br /> <br /> <br />selected appraiser or reject and require the CITY to condemn the property. If the appraiser is <br /> <br />rejected, then CITY is required to go through the condemnation procedure to acquire the <br /> <br /> <br />property. <br /> <br /> <br />Sec. 3.4 - Ownership of Equipment. <br /> <br /> <br />CITY shall retain ownership of all buildings, equipment and piping which CITY installs <br /> <br /> <br />on Application Site and may remove the same at any time during the primary, renewed or <br /> <br /> <br />extended term of this renewal agreement without reducing CITY'S obligation to perform its <br /> <br /> <br />obligations under this contract. Property Owner shall grant CITY easements 20 feet on each <br /> <br /> <br />side of buried pipelines and under any CITY building erected and the same shall be depicted on <br />
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