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<br />MEMORANDUM AGREEMENT
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<br />MEMORANDUM AGREEMENT
<br />THIS MEMORANDUM AGREEMENT made and entered into this J-7 day of
<br />, 2004, by and between Arlington Investments, Inc., a Nebraska corporation O
<br />( "Arlington ") and Drs. Grange, Pedersen & Brown, a Nebraska general partnership ( "Grange ").
<br />RECITALS:
<br />WHEREAS, Grange is the owner of the property described as Lot 3, Richmond Third
<br />Subdivision, in the City of Grand Island, Hall County, Nebraska ( "Grange's Property"); and
<br />WHEREAS, Arlington in the owner of the property described as Lots 1 and 2, Richmond
<br />Fourth Subdivision in the City of Grand Island, Hall County, Nebraska ( "Arlington's Property");
<br />and
<br />WHEREAS, Grange has granted a Utility Easement to the City of Grand Island, Nebraska, a
<br />municipal corporation ( "the City") upon the property described as:
<br />The Westerly ten (10.0) feet of Lot Three (3) Richmond Third Subdivision, in the City of Grand
<br />Island, Hall County, Nebraska
<br />which easement was filed of record as Document No. 0200404387 on
<br />May 3 , 2004, in the Office of the Register of Deeds of Hall County, Nebraska
<br />( "Easement Property").
<br />NOW, THEREFORE, IT IS AGREED by and between Arlington and Grange as follows:
<br />1. Arlington agrees that in the event it is necessary for the City to make, perform, or
<br />cause to be made or performed, any excavation, construction, repair, replacement,
<br />maintenance, removal or improvement upon the Easement Property which damages
<br />Grange's Property, improvements or any part thereof, Arlington agrees that within
<br />ninety (90) days after receipt of written notice of damage from Grange, it will
<br />repair, replace, construct, maintain or remedy Grange's Property in order to restore
<br />said property and improvements to its condition as it existed prior to the City's
<br />action.
<br />2. Grange agrees that it will not construct any buildings or structures upon the
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<br />THIS MEMORANDUM AGREEMENT made and entered into this J-7 day of
<br />, 2004, by and between Arlington Investments, Inc., a Nebraska corporation O
<br />( "Arlington ") and Drs. Grange, Pedersen & Brown, a Nebraska general partnership ( "Grange ").
<br />RECITALS:
<br />WHEREAS, Grange is the owner of the property described as Lot 3, Richmond Third
<br />Subdivision, in the City of Grand Island, Hall County, Nebraska ( "Grange's Property"); and
<br />WHEREAS, Arlington in the owner of the property described as Lots 1 and 2, Richmond
<br />Fourth Subdivision in the City of Grand Island, Hall County, Nebraska ( "Arlington's Property");
<br />and
<br />WHEREAS, Grange has granted a Utility Easement to the City of Grand Island, Nebraska, a
<br />municipal corporation ( "the City") upon the property described as:
<br />The Westerly ten (10.0) feet of Lot Three (3) Richmond Third Subdivision, in the City of Grand
<br />Island, Hall County, Nebraska
<br />which easement was filed of record as Document No. 0200404387 on
<br />May 3 , 2004, in the Office of the Register of Deeds of Hall County, Nebraska
<br />( "Easement Property").
<br />NOW, THEREFORE, IT IS AGREED by and between Arlington and Grange as follows:
<br />1. Arlington agrees that in the event it is necessary for the City to make, perform, or
<br />cause to be made or performed, any excavation, construction, repair, replacement,
<br />maintenance, removal or improvement upon the Easement Property which damages
<br />Grange's Property, improvements or any part thereof, Arlington agrees that within
<br />ninety (90) days after receipt of written notice of damage from Grange, it will
<br />repair, replace, construct, maintain or remedy Grange's Property in order to restore
<br />said property and improvements to its condition as it existed prior to the City's
<br />action.
<br />2. Grange agrees that it will not construct any buildings or structures upon the
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