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WHEREAS, Landowner seeks permission from the City to partially encroach upon the <br /> Easements to construct a ten foot by twelve foot(10' x 12') shed(the"Shed")positioned near <br /> the northwest corner of the Property as shown on Exhibit"A". <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 City hereby approves an encroachment on and over the Easements by <br /> Landowner for the purposes of constructing and maintaining the Shed over that part of the <br /> Easements as shown in Exhibit"A" subject to the terms of this Agreement. <br /> 2. Landowner shall not expand the Shed in width, depth, or height unless approved <br /> in writing by the City. If the Shed is demolished, destroyed, or substantially replaced, any <br /> replacement 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 Shed. <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 Shed 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 Shed <br /> that has been placed in the Easements. Landowner will promptly comply with said removal <br /> request at their expense and will remove the Shed within sixty (60) days of the written request by <br /> the City. <br /> 2 <br />