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<br />AGREEMENT <br /> <br />This Agreement, made and entered into by and between Tanurb <br /> <br />Developments, Inc., a corporation under the laws of the province <br /> <br />of Ontario, Canada ("Tanurb), and the City of Roseville ("City"). <br /> <br />WHEREAS, Tanurb has petitioned the City for an amendment to <br /> <br />its special use permit at Rosedale Commons Shopping Center in <br /> <br />order to construct a loading dock and an enclosed trash compactor <br /> <br />at the rear of said shopping center: <br /> <br />WHEREAS, the City has approved Tanurb's request for an amend- <br /> <br />ment to its special use permit with a condition that a fence be <br /> <br />constructed to screen the shopping center from adjacent residen- <br /> <br />tial properties: and <br /> <br />WHEREAS, it is the intent of the parties for this agreement <br /> <br />to set forth the respective rights and obligations of the City <br /> <br />and Tanurb with regard to construction of said fence. <br /> <br />NOW, THEREFORE, it is agreed by and between the parties as <br />follows: <br /> <br />1. Tanurb will cause to be constructed on or before <br /> <br />1991, a fence located as described on Exhibit A, attached <br /> <br />hereto, in accordance with the specif ications approved by the <br /> <br />City Public Works Director. <br /> <br />2. The cost of the construction of said fence shall be <br /> <br />borne by the parties as follows: <br /> <br />a. Tanurb shall pay the first ten thousand dollars <br />($10,000.00) of said cost. <br /> <br />b. All costs in excess of ten thousand dollars <br />($10,000.00) shall be paid one-half (~) by the <br />