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WHEREAS,the monument sign is hereafter referred to as (the "Improvement' and <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 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, its successors, assigns and grantees for the purposes of lowering the grade of the <br /> land within the Easements, constructing, maintaining and repairing the Improvement on the <br /> Encroachment Easement, subject to the terms of this Agreement. <br /> 3. Nothing in this Agreement shall be deemed a waiver or abandonment of the <br /> City's rights granted by the Easements, however, it being the intention of the parties hereto and <br /> their successors and assigns to establish the perpetual non-exclusive right of Landowner, its <br /> successors and assigns to construct and maintain the Improvement, subject to the terms of this <br /> Agreement. Nothing contained in this Agreement shall be deemed to be a gift or dedication of <br /> any portion of the Improvement to the general public or for any public use or purpose <br /> 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 <br /> construction of the Improvement. The Improvement shall be constructed by Landowner in <br /> accordance with 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 <br /> agents during the construction and or subsequent maintenance of the Improvement. If <br /> Landowner fails to repair the said City's utilities within sixty (60) days from the date of written <br /> notice to Landowner or sooner in the event that it is an emergency,then the City may make all <br /> necessary repairs and Landowner shall pay to the City all of the cost incurred by the City to <br /> repair the same and in its discretion, the City may specially assess the expense of said repairs <br /> pursuant to paragraph 7 below. <br /> 94451 <br />