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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 and maintaining the Improvements over that part of <br />the Easements as shown in Exhibit "A" subject to the terms of this Agreement. The <br />Improvements shall be constructed in accordance with the approved Site Plan for the Property. <br />2. Landowner shall not expand the Improvements unless approved in writing by the <br />City. If the Improvements are demolished, destroyed, or substantially replaced, any replacement <br />improvements shall not encroach upon the Easements without written consent of the City. <br />3. Nothing in this Agreement shall be deemed a waiver or abandonment of the <br />City's rights under the Easements. <br />4. The Landowner is responsible for all costs relating to use, maintenance and repair <br />of the Improvements. <br />5. 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 Improvements within the Easements. The <br />City's only obligation shall be to fill the excavated area and level the same to the grade that it <br />was prior to the City's excavation. Notwithstanding the above, in the event the City finds it is <br />necessary to completely restore the easement area, the Landowner agrees to remove that portion <br />of the Improvements that has been placed in the Easements. Landowner will promptly comply <br />with said removal request at their expense and will remove the Improvements within sixty (60) <br />days of the written request by the City. <br />7. 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 Improvements, the City may take any <br />2 <br />