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WHEREAS, Landowner seeks permission from the City to encroach upon the Drainage <br />and Utility Easements (the "Easements") to install and maintain a pylon sign that is ninety-nine <br />(99) square feet in area and twenty-five (25) feet in height (the "Sign"). <br />WHEREAS, the Sign would be located in the southwest corner of the Property <br />approximately ten (10) feet from both the west and south boundary lines of the Property as <br />shown on Exhibit "B". <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 installing and maintaining the Sign as shown on Exhibit "B" over <br />that part of the Easements as shown in Exhibit "C" subject to the terms of this Agreement. <br />Landowner shall not expand the Sign in size or height unless approved in writing by the City and <br />no change in the existing grade by Landowner is allowed under this Agreement. <br />2. Nothing in this Agreement shall be deemed a waiver or abandonment of the <br />City's rights under the Easements. <br />3. The Landowner shall be responsible for all costs relating to use, maintenance and <br />repair of the Sign. <br />4. Landowner agrees that if the City, during its normal construction, reconstruction, <br />maintenance and/or repair of the public utilities of the City located within the Easements <br />including, but not limited to, watermain, sanitary sewer and/or storm sewer systems, deems it <br />necessary and expedient to excavate within the Easements, Landowner shall be responsible for <br />removing, reconstructing and/or repairing the Sign and the City's only obligation shall be to fill <br />the excavated area and level the same to the grade that it was prior to the City's excavation. Not <br />withstanding the above, in the event the City finds it is necessary to completely and totally <br />restore easement area, the landowner agrees to remove the Sign that has been placed in the <br />Easements. Landowner will promptly comply with said removal request at their expense and <br />will remove the Sign within sixty (60) days of the written request by the City. <br />2 <br />