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2012 007 Ordinance
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2012 007 Ordinance
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Last modified
11/19/2018 4:06:39 PM
Creation date
9/7/2018 5:13:07 AM
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Template:
Legislation-Meeting Minutes
Document Type
Ordinance
Number
007
Date
3/19/2012
Year
2012
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Grantee's receipt of the Punch List Items from Grantor. In the event that a dispute shall arise as <br />to whether or not Grantee's improvements on the Property and to the Easement are substantially <br />completed, a certification of an architect, mutually acceptable to Grantee and Grantor that the <br />improvements are substantially completed in accordance with approved plans and specifications <br />therefore shall be conclusive and binding upon the parties hereto, with cost thereof split equally <br />between Grantee and Grantor. If Grantee fails to commence or complete any Punch List Item as <br />set forth above, Grantor may complete said improvements and Grantee shall pay the cost thereof <br />to Grantor upon demand. <br />11. As Is. <br />Grantor shall deliver the Easement to Grantee ui "AS IS" for the purposes hereinbefore <br />stated, with no express or implied warranty or representation by Grantor as to the safety, security <br />or physical condition of the Easement, including, without limitation, the presence of hazardous <br />materials, substances, wastes or other environmentally regulated substances, or other <br />contaminants in the soil or improvements, whether known or rmknown, and other physical <br />characteristics, and Crrantee asstunes all risk and expense with respect to the construction of the <br />Trail and use of the Easement. <br />12. Access by Grantor. <br />Nothing in this Agreement is to be interpreted or constl-ued as preventing access to the <br />Property or the Easement by Grantor, its agents, officers, invitees or employees for any purpose <br />whatsoever. <br />13. Reuair• <br />Grantee will immediately repair any and all damages of any kuid whatsoever resulting <br />from Grantee's use of the Property or will pay Grantor iirunediately for any and all damages to <br />6 <br />
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