Agenda - Council - 01/22/2019 - Laserfiche WebLink

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NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the parties agree as follows: 1. The City hereby approves an encroachment on and over the Easements by Landowner for the purposes of constructing and maintaining the Shed over that part of the Easements as shown in Exhibit "A" subject to the terms of this Agreement. 2. Landowner shall not expand the Shed in width, depth, or height unless approved in writing by the City. If the Shed is demolished, destroyed, or substantially replaced, any replacement shall not encroach upon the Easements without written consent of the City. 3. The Easements were reserved to allow for ponding of water during storm events. The modeled 100-year high water level for this area is 865.3 feet. Construction of the Shed with a floor elevation equal to or lower than 865.3 feet may result in inundation during large storms. The City is not responsible for damage resulting from stormwater entering the Shed. 4. Nothing in this Agreement shall be deemed a waiver or abandonment of the City' s rights under the Easements. 5. The Landowner is responsible for all costs relating to use, maintenance and repair of the Shed. 6. Landowner agrees that if the City, during its normal construction, reconstruction, maintenance and/or repair of the public utilities located within the Easements including, but not limited to, watermain, sanitary sewer and/or storm sewer systems, deems it necessary and expedient to excavate within the Easements, Landowner shall be responsible for removing, reconstructing and/or repairing that portion of the Shed within the Easements. The City's only obligation shall be to fill the excavated area and level the same to the grade that it was prior to the City' s excavation. Notwithstanding the above, in the event the City finds it is necessary to completely restore the easement area, the Landowner agrees to remove that portion of the Shed that has been placed in the Easements. Landowner will promptly comply with said removal request at their expense and will remove the Shed within sixty (60) days of the written request by the City. 2