Laserfiche WebLink
1. The City hereby approves an encroachment on and over the Easements by <br />Landowner for the sole purpose of installing the Improvement. <br />2. Nothing in this Agreement shall be deemed a waiver or abandonment of the <br />City's rights granted by the Easements. <br />3. Landowner shall be responsible for all costs relating to recording this Agreement <br />and for the construction, maintenance, removal and/or replacement of the Improvement, <br />including but not limited to, removal of any portion of the Improvement upon Notice from the <br />City pursuant to this Agreement and shall obtain all permits required by the City for the <br />construction of the Improvement, which shall be constructed by Landowner in accordance with <br />the approved site plan drawing. <br />4. Landowner agrees to construct the Improvement in such a manner that will not <br />damage the City's public utilities including underground or at -grade storm water conveyance and <br />drainage systems (i.e. all posts and post footings will be hand dug). <br />5. Landowner agrees to install and maintain the Improvement in such a manner that <br />will not obstruct or redirect overland storm water flow. <br />6. If at any time the Landowner damages the City's public utilities, Landowner shall <br />immediately notify the City. Landowner shall at the City's request, repair and/or reconstruct any <br />of the City's public utilities located within the Easements damaged by Landowner, its contractors <br />and/or agents during the construction and/or subsequent maintenance, removal or replacement of <br />the Improvement. If Landowner fails to repair the said City's utilities within thirty (30) days <br />from the date of written notice to Landowner or sooner in the event that it is an emergency, then <br />the City may make all necessary repairs and Landowner shall pay to the City all of the cost <br />incurred by the City to repair the same. <br />7. Landowner further agrees that if the City, during its normal construction, <br />reconstruction, maintenance and/or repair of its public utilities located within the Easements <br />deems it necessary and expedient to excavate within the Easements, and which affects the <br />Improvements, that Landowner shall be responsible for reconstructing and/or repairing the <br />94451 <br />