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WHEREAS, the Sign would be located on the western side of the Property as shown on <br />Exhibit "A". <br />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 on and over the Easement by <br />Landowner for the purposes of installing and maintaining the Sign over and in that part of the <br />Easement as shown in Exhibit "A" subject to the terms of this Agreement. Landowner shall not <br />expand the Sign in size or height unless approved in writing by the City and no change in the <br />existing grade by Landowner is allowed under this Agreement. <br />2. Nothing in this Agreement shall be deemed a waiver or abandonment of the City's <br />rights under the Easements. <br />3. The Landowner shall be responsible for all costs relating to use, maintenance and <br />repair of the Signs. <br />4. Landowner agrees that if the City, during its normal construction, reconstruction, <br />maintenance and/or repair of the public utilities of the City located within the Easements including, <br />but not limited to, watermain, sanitary sewer and/or storm sewer systems, deems it necessary and <br />expedient to excavate within the Easement, Landowner shall be responsible for removing, <br />reconstructing and/or repairing the Signs and the City's only obligation shall be to fill the <br />excavated area and level the same to the grade that it was prior to the City's excavation. Not <br />withstanding the above, in the event the City finds it is necessary to completely and totally restore <br />easement area, the landowner agrees to remove the Signs that have been placed in the Easement. <br />Landowner will promptly comply with said removal request at their expense and will remove the <br />Signs within sixty (60) days of the written request by the City. <br />5. Landowner agrees to locate all private utilities located within the Easement and <br />work with any private utility company should the Sign affect any of those private utilities. <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 />2 <br />