Agenda - Council - 05/26/2015 - Laserfiche WebLink

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WHEREAS, Landowner seeks permission from the City to encroach upon the Easements by using and maintaining a twelve foot by eighteen foot (12 x 18) Patio as shown on Exhibit "A" (the "Patio"). 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 an at -grade Patio over that part of the Easements as shown in Exhibit "A" subject to the terms of this Agreement. Landowner shall not expand the existing Patio 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 Patio. 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 Patio 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. Notwithstanding the above, in the event the City finds it is necessary to completely and totally restore easement area, the landowner agrees to remove the Patio that has been placed in the Easements. Landowner will promptly comply with said removal request at their expense and will remove the Patio 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 Patio, the City may take any and all 2