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_ . � <br /> 3 . Agr_e�ment of the Parties . The City and Smith' s Bay <br /> in mutual consicleration 17ereby agree as follows : <br /> a . The City agrees to permit the cabins to <br /> remain, tipon the conditions stated herein, until June 1, <br /> 1991 (hereinatter the "termination date" ) . Within two <br /> weeks of the termination date, Smith' s Bay shall remove <br /> the cabir►s at its sole and complete expense . Removal <br /> shall include destruction of the cabins ( including <br /> foundations) , all appurtenant structures such as porches <br /> and landings, prooer disconnection of all services and <br /> utilities , removal of all debris, and restoration of the <br /> cabin sitt�s co a reasonable condition, including seediny <br /> or_ so�uinc; , <br /> Smith ' s Bay shall have vacated all tenants and any <br /> personal property from the cabins by the termination <br /> date. Smith' s Bay shall provide any necessary notice to <br /> tenants or other persons, and shall obtain all necessary <br /> permits and approvals, so that removal can be completed <br /> in accorclance with the terms of this Agreement . <br /> b. Should Smith' s Bay not beqin or complete <br /> removal within two weeks of the terminatiun date, the <br /> City is expressly- atithorized to enter upon the property <br /> wi�hout r�oti.ce at any time to raze and remove the <br /> cabins . Rem�val in this case shall include the same <br /> elements ;lescribed ir� the previous paragr�ph. Smith' s <br /> Bay shall repay the City for any and all costs, <br /> includiny attorney' s fees, incurred in rernoving the <br /> cabins, to be collected as an assessment against the <br /> property payable in a single year . Said assessment may <br /> be imposed without notice or hearing or other process <br /> and Smith ' s Bay expressly waives any right thereto . <br /> c . Within 15 days of the date of this Agreement, <br /> the City :�hall initiate dismissal without prejudice of <br /> the current: Yiazardous b��ilding proceecJing against the <br /> cabins . TI�e City shall rnove with due diligence Lo <br /> obtain said dismissal and removal of the lis pendens <br /> attached to the property bythe City pursuant to the <br /> aforementioned hazardous bui-�ding proceeding . <br /> d. Smith' s Bay will, within the next 30 days, <br /> make the Following repairs to Cabin 1 : <br /> i . Permanently fasten and connect back door <br /> landing to the structure. <br /> -2- <br />