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5. Landowners further agree that if the City, during its normal construction, <br />reconstruction, maintenance and/or repair of the public utilities of the City located within the <br />Easements, including, but not limited to, watermain, sanitary sewer and/or storm sewer systems, <br />deems it necessary and expedient to excavate within the Easements, that Landowners shall be <br />responsible for removing, reconstructing and/or repairing the Improvements all in accordance <br />with the Plans and Specifications, and the City's only obligation shall be to provide reasonable <br />notice to Landowners to remove the Improvements and to fill the excavated area and level the <br />same to the grade that it was prior to the City's excavation. Notwithstanding the above, in the <br />event the City finds it is necessary to completely and totally restore easement area, the landowner <br />agrees to remove the Improvements they have placed in the Easements. Landowners will <br />promptly comply with said removal request at their expense and will remove the Improvements <br />with -in sixty (60) days of the written request by the City. <br />6. In the event that Landowners fail to take any action required in this Agreement <br />and the City is required to repair, reconstruct or take other actions to maintain the City's utilities, <br />including the watermain, sanitary sewer and/or storm sewer systems as a result of the <br />Landowner's actions in making the Improvements, and the City incurs any cost directly related <br />thereto, the Landowners agree that if Landowners fail to pay the City, that the City may take any <br />and said actions permitted by law to collect the same and the City may further levy an <br />assessment against the Property for all costs incurred by the City. <br />7. Landowners and their successors and assigns do hereby agree to defend, <br />indemnify, and hold the City harmless from any and all costs and expenses, all claims and <br />liability, including reasonable attorney's fees, incurred by the City directly relating to or arising <br />from the Landowners' encroachment on the Easements for the construction, maintenance, use, <br />and operation of the Improvements. <br />8. All notices, requests, demands and other communications hereunder shall be in <br />writing and shall be deemed given if personally delivered or mailed, certified mail, return receipt <br />requested, to the following: <br />3 <br />