Agenda - Council - 02/25/2014 - Laserfiche WebLink

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approximately sixty (60) feet from the most North line of the Property and approximately 100 feet from the most West line of the Property, all as shown on Exhibit "A" (the "Garage"). 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 Landowner for the purposes of using and maintaining the existing Garage over that part of the Easements as shown in Exhibit "A" subject to the terms of this Agreement. Landowner shall not expand the existing garage in width, depth or height unless approved in writing by the City. If demolished or destroyed, any replacement structure shall not encroach upon the Easements. 2. Nothing in this Agreement shall be deemed a waiver or abandonment of the City's rights under the Easements. 3. The Landowner shall be responsible for all costs relating to use, maintenance and repair of the Garage. 4. Landowner agrees 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, Landowner shall be responsible for removing, reconstructing and/or repairing the Garage 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. Not withstanding the above, in the event the City finds it is necessary to completely and totally restore easement area, the landowner agrees to remove the Garage that has been placed in the Easements. Landowner will promptly comply with said removal request at his expense and will remove the Garage within sixty (60) days of the written request by the City. 5. In the event that Landowner fails 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, as a result of the Landowner's use and maintenance of the Garage, the City may take any and all actions permitted by law to collect the costs of those repairs and the City may further levy an 2