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feet from the southerly line of the Property for the purpose of installing a sign, all as <br />shown on Exhibit "A" attached hereto (the "Improvements"). The said "Sign" may not exceed <br />six (6) feet by three (3) feet in size. <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 sign 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 agree that any work done by the Landowners according to the <br />Plans and Specifications with regard to any public utility including, but not limited to, the City's <br />storm sewer system will be warranted for a period of one (1) year from the date of the <br />completion and approval of the City Engineer ("Warranty Period"). During the Warranty Period, <br />Landowners shall at the City's request, repair and/or reconstruct any portion of the storm sewer <br />system materially damaged by Landowners, its contractors and/or agents during the construction <br />of the Improvements.. If Landowners fail to repair or to dispute the repair of the City's storm <br />sewer system damaged by Landowners during erection of the Improvements within the Easement <br />area within sixty (60) days from the date of written notice or sooner in the event that it is an <br />emergency, then the City may enter upon the Property and make all necessary repairs and <br />Landowners shall pay to the City all of the direct hard costs incurred by the City to repair the <br />same. <br />2 <br />