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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 Ramps as shown on Exhibit "A" <br />over that part of the Easements as shown in Exhibit "A" subject to the terms of this Agreement. <br />Landowner shall not expand the Ramps in size or length unless approved in writing by the City <br />and 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 Ramps. <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 and reinstalling the Ramps and the City's only obligation shall be to fill the excavated <br />area and level the same to the grade that it was prior to the City's excavation. Notwithstanding <br />the above, in the event the City finds it is necessary to completely and totally restore the <br />easement area, the landowner agrees to remove the Ramps that has been placed in the <br />Easements. Landowner will promptly comply with said removal request at their expense and <br />will remove the Ramp within sixty (60) days of the written request by the City. <br />5. In the event that Landowner fails to take any action required in this Agreement <br />and the City is required to remove, repair, reconstruct or take other actions to maintain the City's <br />utilities, as a result of the Landowner's use and maintenance of the Ramp, the City may take any <br />and all actions permitted by law to collect the costs of those repairs and the City may further levy <br />an assessment against the Property for all costs incurred by the City. Landowner waives any and <br />all rights to challenge or appeal the assessment. <br />2 <br />