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1. The City hereby approves an encroachment of five (5) foot on and over the <br /> Easement by Landowner for the purposes of constructing and maintaining the lean-to structure and <br /> concrete pad over that part of the Easement subject to the terms of this Agreement. <br /> 2. Landowner shall not expand the lean-to structure and/or concrete pad in width, <br /> depth, or height unless approved in writing by the City. If the lean-to structure is demolished, <br /> destroyed, or substantially replaced, any replacement shall not encroach upon the Easement <br /> without written consent of the City. <br /> 3. Nothing in this Agreement shall be deemed a waiver or abandonment of the City's <br /> rights under the Easement. <br /> 4. The Landowner is responsible for all costs relating to use, maintenance, and repair <br /> of the lean-to structure and concrete pad. <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 Easement including, but not <br /> limited to, watermain, sanitary sewer, and/or storm sewer systems, deems it necessary and <br /> expedient to excavate within the Easement,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 restore the easement area, the <br /> Landowner agrees to remove any accessory items that have been placed in the Easement. <br /> Landowner will promptly comply with said removal request at their expense and will remove any <br /> accessory use within thirty (30) days of the written request by the City. <br /> 6. In the event that Landowner fails to take any action required in this Agreement and <br /> the City is required to repair, reconstruct or take other actions to maintain the City's utilities, as a <br /> result of the Landowner's use and maintenance of the lean-to structure and concrete pad, the City <br /> may take any and all actions permitted by law to collect the costs of those repairs and the City may <br /> further levy an assessment against the Property for all costs incurred by the City. Landowner <br /> waives any and all rights to challenge or appeal the assessment. <br /> 2 <br />