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(3) The Grantee will install the storm water sewer within a reasonable <br />period of time between August, 1972 a~ J~ry 1, 1973, replacin§ any trees or <br />fence line that are disturbed by the above construction, and after a reasonable <br />time for the yard to settle, will re-~eed or re-sod the area disturbed, returning <br />it to its original condition, such construction all to be to the satisfaction of <br />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 which <br />the Grantors may sustain or to which it may be put, by reason of any act or omis- <br />sion, negligent or otherwise, of the Grantee, or of its agents or servants, growing <br />out of or in any manner connected with the license hereby given, or by its use of <br />said strip of land and the construction and maintenance of said sewer or drain <br />thereon. <br /> <br /> (6) 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 <br />for the reasons stated in the preamble .hereof and, provided it receives the affirma- <br />tive vote of two-thirds of all members elected to CounCil, it shall take effect and <br />be in force irm~ediately upon its adoption and approval by the Mayor. <br /> <br />Adopted <br /> <br /> Clerk <br /> <br />.Mayor <br /> <br /> <br />