Agenda - Council - 09/13/2022 - 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 of five (5) foot on and over the Easements by Landowners for the purposes of constructing and maintaining a movable structure over that part of the Easements subject to the terms of this Agreement. 2. The City hereby approves an encroachment of ten (10) foot on and over the Easements by Landowners for the purposes of constructing and maintaining a pool patio over that part of the Easements subject to the terms of this Agreement. 3. Landowners shall not expand the pool patio and structure in width, depth, or height unless approved in writing by the City. If the pool patio or structure are demolished, destroyed, or substantially replaced, any replacement shall not encroach upon the Easements without written consent of the City. 4. Nothing in this Agreement shall be deemed a waiver or abandonment of the City's rights under the Easements. 5. The Landowners are responsible for all costs relating to use, maintenance and repair of the pool patio and structure. 6. Landowners agree 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 Landowners agree to remove any accessory items that have been placed in the Easements. Landowners 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. 7. In the event that Landowners 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, 2