Agenda - Council - 11/13/2012 - Laserfiche WebLink

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