Pace made no attempt to remove what remained of the buildings. An ordinance of the town of Derne authorized the town to take the necessary steps to compel the owner of any structure which has become an unsafe fire hazard, to demolish said building. The town obtained a court order compelling Pace to remove the remainder of the two buildings within thirty days. When Pace failed to comply with the order, the town of Derne, as authorized by the court order and the town ordinance, contracted with Demo to demolish what remained of the buildings. The remaining slab is to be crushed for drainage.
All large pieces are to be removed.
Demo completed the demolition job for the town on October 30, 1985. In December Pace contracted with Strong to construct a ten story office building on the site. He immediately told Pace of his discovery. On January 23rd, Strong, realizing that his equipment was old and inadequate to remove the slab and debris, entered into a written lease with Let for the leasing of certain heavy duty excavation equipment for a period of ten months. Let agreed to condition the leasing agreement upon the equipment's satisfactory operation.