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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 constructing a cantilevered Deck over that part of the Easements <br />as shown in Exhibit "A" subject to the terms of this Agreement. The Deck shall be constructed <br />with diamond pier footings. <br />2. Landowner shall provide the City a copy of the No -Loss Determination (or other <br />form of permit) issued by the Lower Rum River Water Management Organization authorizing <br />the construction of the Deck within a wetland. <br />3. Landowner shall not expand the Deck in width, depth, or height unless approved <br />in writing by the City. If the Deck is demolished, destroyed, or substantially replaced, any <br />replacement deck shall not encroach upon the Easements without written consent of the City. <br />4. Nothing in this Agreement shall be deemed a waiver or abandonment of the <br />City's rights under the Easements. <br />5. The Landowner is responsible for all costs relating to use, maintenance and repair <br />of the Deck. <br />6. Landowner agrees that if the City, during its normal construction, reconstruction, <br />maintenance and/or repair of the public utilities located within the Easements including, but not <br />limited to, watermain, sanitary sewer and/or storm sewer systems, deems it necessary and <br />expedient to excavate within the Easements, Landowner shall be responsible for removing, <br />reconstructing and/or repairing that portion of the Deck within the Easements. The City's only <br />obligation shall be to fill the excavated area and level the same to the grade that it was prior to <br />the City's excavation. Notwithstanding the above, in the event the City finds it is necessary to <br />completely restore the easement area, the Landowner agrees to remove that portion of the Deck <br />that has been placed in the Easements. Landowner will promptly comply with said removal <br />request at their expense and will remove the Deck within sixty (60) days of the written request <br />by the City. <br />2 <br />