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1. The Recitals set forth above are hereby incorporated herein by reference. <br /> 2. The City hereby approves an encroachment on and over the Easements by <br /> Landowner for the purposes of lowering the grade of the land within the Easements, and <br /> constructing, maintaining and repairing the Improvement over that part of the Easements as shown <br /> in Exhibit"A" subject to the terms of this Agreement. <br /> 3. Nothing in this Agreement shall be deemed a waiver or abandonment of the City's <br /> rights granted by the Easements, however, it being the intention of the parties hereto and their <br /> successors and assigns to establish the perpetual non-exclusive right of Landowner, its successors <br /> and assigns to construct and maintain the Improvement, subject to the terms of this Agreement. <br /> Nothing contained in this Agreement shall be deemed to be a gift or dedication of any portion of <br /> the Improvement to the general public for any public use or purpose whatsoever. <br /> 4. Landowner shall be responsible for all costs relating to construction, maintenance <br /> and repair of the Improvement and shall obtain all permits required by the City for the construction <br /> of the Improvement. The Improvement shall be constructed by Landowner in accordance with <br /> plans and specifications approved by the City("Plans and Specifications"). <br /> 5. Landowner shall at the City's request, repair and/or reconstruct any of the City's <br /> public utilities located within the Easements damaged by Landowner, its contractors and/or agents <br /> during the construction and or subsequent maintenance of the Improvement. If Landowner fails to <br /> repair the said City's utilities within sixty(60) days from the date of written notice to Landowner <br /> or sooner in the event that it is an emergency, then the City may make all necessary repairs and <br /> Landowner shall pay to the City all of the cost incurred by the City to repair the same and in its <br /> discretion, the City may specially assess the expense of said repairs pursuant to paragraph 7 below. <br /> 6. Landowner further agrees that if the City, during its normal construction, <br /> reconstruction, maintenance and/or repair of its public utilities located within the Easements deems <br /> it necessary and expedient to excavate within the Easements, and which excavation affects the <br /> Improvement, that Landowner shall be responsible for reconstructing and/or repairing the <br /> 2 <br />