Agenda - Council - 05/11/2021 - 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 Pool and 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 Pool or Shed in width, depth, or height unless approved in writing by the City. If the Pool or Shed is demolished, destroyed, or substantially replaced, any replacement shall not encroach upon the Easements without written consent of the City. 3. Nothing in this Agreement shall be deemed a waiver or abandonment of the City's rights under the Easements. 4. The Landowner is responsible for all costs relating to use, maintenance and repair of the Pool and Shed. 5. 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 Pool and/or 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 the Pool and/or Shed that have been placed in the Easements. Landowner will promptly comply with said removal request at their expense and will remove the Pool and/or Shed within sixty (60) days of the written request by the City. 6. In the event that Landowner fails to take any action required in this Agreement and the City is required to repair, reconstruct or take other actions to maintain the City's utilities, as a result of the Landowner's use and maintenance of the Pool and Shed, the City may take any 2