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above drain will be a m~n:l, mum of eight (8) feet below ground level. Said sCorm <br />water ~;ewer shall be properly backfilled and constructed with a proper end wall. <br />and pipe extension so as to prevent the caving tn or washing out of the said <br />bank, and shall at all times be kept in good repairs, All trenches dug for the <br />purpose of laying or repairing said sewer, or drain, and any cave,ins, pits and <br />holes occurring in the same, will be promptly refilled and at all times kept <br />level with grade. <br /> <br /> (3) The Grantee'will install the storm water sewer within a reasonable <br /> period of time between October, 1970 and January 1, 1971, replacing any trees, <br /> shrubs, flowers or fence line that are disturbed by the above construction <br /> and after a reasonable time for the yard to settle, will re-seed or re-sod the <br /> area disturbed returning it to its original condition, such construction all <br /> to be to the satisfaction of the Grantors. <br /> <br /> (4) The Grantee further agrees to repair or replace any part of the <br /> driveway or sidewalk damaged in the construction of the above sewer line and <br /> return it to its original condition, to the complete satisfaction of the Grantors. <br /> <br /> (5) The Grantee agrees that it will be solely responsible for and agrees <br /> to hold the Grantors harmless from all loss, liability, damage and 'expense <br /> which the Grantors may sustain or to which it may be put, by reason of any act <br /> or omission, negligent or otherwise, of the Grantee, or of its agents or ser- <br /> vants, growing out of or in any manner connected with the license hereby given, <br /> or by its use of said strip of land and the construction and maintenance of said <br /> sewer or drain thereon. <br /> <br /> (6) The Grantee further agrees to hold the Grantors harmless of any loss, <br /> liability or damage arising from any claim of water pollution resulting from <br /> the construction or use of said storm water sewer. <br /> <br /> (7) This agreement shall be binding upon' and. inure to the benefit of the <br /> respective successors and .assigns of the parties hereto and the Grantee accepts <br /> this grant upon the terms and' conditions herein imposed. <br /> <br />Section 2. This ordinance is hereby declared to be an emergency measure for <br />the reasons stated in the preamble hereof and, provided it receives the affirm- <br />ative vote of two-thirds of all members elected to Council, it shall take effect <br />a~d be in force immediately upon its adoption and approval by the Mayor. <br /> <br />Approved: <br /> <br /> . .,,~ President <br />"' Clerk ~ <br /> May o~ <br /> <br /> <br />