Agenda - Council - 07/13/2010 - Laserfiche WebLink

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5. .Landowners further:agree that if the City, during its normal construction, reconstruction, maintenance and/or repair of the public utilities of the City located within the Easements including, but not limited to, watermain, sanitary sewer and/or storm sewer systems deems it necessary and expedient to excavate within the Easements, that Landowners shall be responsible for removing, 7econstructing and/or repairing the Improvements all in accordance with the Plans-.and Specifications and the City's only obligation shall be to fill the excavated area . . and level the same to the grade that it was prior to the City's excavation. Landowners hereby grant to the City a temporary easement ten (10) feet in width along the. entire length of the Easements ("Temporary Easement") for the purpose of the City constructing, reconstructing, repairing and maintaining the City's utilities located in the Easements. The Temporary Easement area shall only be used by the City for such period of time as is necessary for the City to construct, reconstruct, repair and/or maintain the City's utilities located in the Easements. In the event that Landowners fail to take any action required in this Agreement and the City is required to repair, reconstruct or take other actions to maintain the City's utilities, including the watermain, sanitary sewer and/or storm sewer systems as a result of the. Landowner's actions.in making the Improvements, and the City incurs -any cost, the Landowners agree that if Landowners fail to pay the City, that the City may take any and all actions permitted by law to collect the same and the City may further levy an assessment against the Property for all costs incun•ed.by the City. Landowners waive any and all rights to challenge or appeal the assessment. Landowners-and their successors and assigns do hereby agree to defend, indemnify, and hold the City harmless from any and all costs and expenses, all claims and liability, including attorney's fees, relating to or arising from granting to the Landowners the permission to encroach on the Easements for the construction, maintenance, use, and operation of the Improvements, including third party claims against flooding issues that may occur due to filling within the drainage/ponding easement.