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approximately six (6) feet from the West line of the Property and approximately sixty-four (64) <br />feet from the North line of the Property and approximately 130 feet from the most Southerly line <br />of the Property, all as shown on Exhibit "A" (the "Deck"). <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 />Landowner for the purposes of using and maintaining the existing Deck over that part of the <br />Easements as shown in Exhibit "A" subject to the terms of this Agreement. Landowner shall not <br />expand the existing Deck in width, depth or height unless approved in writing by the City. If <br />demolished or destroyed, any replacement structure shall not encroach upon the Easements. <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 Landowner shall be responsible for all costs relating to use, maintenance and <br />repair of the Deck. <br />4. Landowner agrees that if the City, during its normal construction, reconstruction, <br />maintenance and/or repair of the public utilities of the City located within the Easements <br />including, but not limited to, watermain, sanitary sewer and/or storm sewer systems, deems it <br />necessary and expedient to excavate within the Easements, Landowner shall be responsible for <br />removing, reconstructing and/or repairing the Deck and the City's only obligation shall be to fill <br />the excavated area and level the same to the grade that it was prior to the City's excavation. Not <br />withstanding the above, in the event the City finds it is necessary to completely and totally <br />restore easement area, the landowner agrees to remove the Deck that has been placed in the <br />Easements. Landowner will promptly comply with said removal request at their expense and <br />will remove the Deck within sixty (60) days of the written request by the City. <br />5. In the event that Landowner fails 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 />as a result of the Landowner's use and maintenance of the Deck, the City may take any and all <br />2 <br />