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WHEREAS, the City currently has a Slope Easement over, under and across a <br />portion of the Property, as dedicated to the public pursuant to Final Certificate 1843849.0 <br />recorded in the Office of the County Recorder, Anoka County, Minnesota, which <br />easement is described on Exhibit "B" attached hereto and made a part hereof. <br />WHEREAS, Landowner seeks permission from the City to encroach upon both the <br />Drainage and Utility Easements and the Slope Easement (the "Easements") to install and <br />maintain two (2) signs, each being six (6) square feet in size (the "Signs"). <br />WHEREAS, one of the Signs would be located on Lot 1, Block 1 of the Property and <br />would be approximately ten (10) feet from West line of the Property and approximately ten (10) <br />feet from the South line of the Property, and one of the Signs would be located on Lot 2, Block 1 <br />of the Property and would be approximately ten (10) feet from the East line of the Property and <br />approximately ten (10) feet from the South line of the Property, all shown on Exhibit "C". <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 installing and maintaining two (2) signs as shown on Exhibit "D" <br />over that part of the Easements as shown in Exhibit "C" subject to the terms of this Agreement. <br />Landowner shall not expand the Signs in size or height unless approved in writing by the City <br />and no change in the existing grade by Landowner is allowed under this Agreement. <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 Signs. <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 />2 <br />