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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 of no more than one (1) foot on and <br />over the Easements by Landowner for the purposes of constructing and maintaining eave <br />overhangs (the "Overhangs") over that part of the Easements subject to the terms of this <br />Agreement. <br />2. Landowner shall not expand the Overhangs in width, depth, or height unless <br />approved in writing by the City. If the Overhangs are demolished, destroyed, or substantially <br />replaced, any replacement shall not encroach upon the Easements without written consent of the <br />City. <br />3. Nothing in this Agreement shall be deemed a waiver or abandonment of the <br />City's rights under the Easements. <br />4. The Landowner is responsible for all costs relating to use, maintenance and repair <br />of the Overhangs. <br />5. Landowner agrees that if the City, during its normal construction, reconstruction, <br />maintenance and/or repair of the public utilities located within the Easements including, but not <br />limited to, watermain, sanitary sewer and/or storm sewer systems, deems it necessary and <br />expedient to excavate within the Easements, Landowner shall be responsible for removing, <br />reconstructing and/or repairing that portion of the Overhangs within the Easements. The City's <br />only obligation shall be to fill the excavated area and level the same to the grade that it was prior <br />to the City's excavation. Notwithstanding the above, in the event the City finds it is necessary to <br />completely restore the easement area, the Landowner agrees to remove that portion of the <br />Overhangs that has been placed in the Easements. Landowner will promptly comply with said <br />removal request at their expense and will remove the Overhangs within sixty (60) days of the <br />written request by the City. <br />6. In the event that Landowner fails to take any action required in this Agreement <br />and the City is required to repair, reconstruct or take other actions to maintain the City's utilities, <br />2 <br />