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WHEREAS, Landowners seek permission from the City to encroach upon the Easements <br />for the purpose of installing a shed, all as shown on Exhibit "A" attached hereto (the <br />"Improvements"). <br />NOW, THEREFORE, in consideration of the mutual covenants contained herein and <br />other good and valuable consideration, the parties agree as follows: <br />1. The City hereby approves an encroachment on and over the Easements by <br />Landowners for the purposes of constructing the Improvements over that part of the Easements <br />as shown in Exhibit "A" subject to the terms of this Agreement. <br />2. Nothing in this Agreement shall be deemed a waiver or abandonment of the <br />City's rights under the Easements. <br />3. The Landowners shall be responsible for all costs relating to construction, <br />maintenance and repair of the shed and shall obtain all permits required by the City for the <br />construction of the Improvements, all of which Improvements shall be constructed by <br />Landowners in accordance with Plans and Specifications approved by the City ("Plans and <br />Specifications"). <br />4. Landowners hereby agrees that any work done by the Landowners according to <br />the Plans and Specifications with regard to any public utility including, but not limited to; the <br />City's storm sewer system and associated ponding area will be warranted for a period of one (1) <br />year from the date of the completion and approval of the City Engineer ("Warranty Period"). <br />Landowners shall at the City's request, repair and/or reconstruct any portion of the storm sewer <br />system and associated ponding area damaged or filled by Landowners, its contractors and/or <br />agents during the construction of the Improvements and during the Warranty Period. If <br />Landowners fail to repair the City's storm sewer system and associated ponding area within sixty <br />(60) days from the date of written notice or sooner in the eventthat it is an emergency, then the <br />City may enter upon the Property and make all necessary repairs and Landowners shall pay to <br />the City all of the cost incurred by the City to repair the same. <br />2 <br />