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_ ti ti <br />4. Termination of Right-of-Entry. As to Area ~kl, this <br />right-of-entry shall terminate upon the effective date of the <br />formal instruments passing title of said property to City. <br />In the event City refuses to execute the formal instruments <br />following Property Owner's acceptance of an offer to purchase <br />made. by City or a final decree of any court acting upon a <br />complaint in eminent domain anal affixing the fair market <br />value for City's. acquisition of Area ~~1, City agrees to <br />immediately vacate Area ~~1, restore it to its original <br />condition, and relinquish this right-of-entry in writing. <br />As to Area ~~2, this right-of-entry shall terminate upon <br />City's acceptance of the public improvements being constructed <br />on the reservoir site. <br />S. Temporary Fence. A temporary fence, as required <br />by Condition ~~8 of the February 13, 1979 Agreement, shall be <br />located generally as shown. on Exhibit B. Said fence shall <br />connect at its north and south end points to existing fences <br />and shall be sufficient to keep Property Owner's livestock <br />from reaching any portion of the. area under construction, <br />including, but not limited to, roadway, stockpile areas, and <br />the reservoir site itself.. The temporary fence shall contain <br />a gate, in a location selected by Property Owner, to allow <br />access from Area ~~2 to the lands adjoining immediately to <br />the west. Upon acceptance of the reservoir, City shall <br />remove the temporary fence. At that time, City shall have <br />installed a permanent fence enclosing the reservoir which meets <br />the requirements of Condition ~~8 of the February 13, 1979 <br />Agreement. <br />-3- <br />