Agenda - Council - 08/10/2021 - Laserfiche WebLink

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1. The City hereby approves an encroachment of no more than five (5) foot on and over the Easements by Landowner for the purposes of constructing and maintaining a movable structure over that part of the Easements subject to the terms of this Agreement. 2. Landowner shall not expand the structure in width, depth, or height unless approved in writing by the City. If the structure 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 structure. 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, 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 any accessory items that have been placed in the Easements. Landowner will promptly comply with said removal request at their expense and will remove any accessory use 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 overhang of the home, the City may take any and all actions permitted by law to collect the costs of those repairs and the City may further levy an assessment against the Property for all costs incurred by the City. Landowner waives any and all rights to challenge or appeal the assessment. 2