encroachment agreement-2013 - Laserfiche WebLink

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2. ENCROAC�IMENT AUTHORIZATION. The City hereby approves the encroachment of the existing driveway upon its easement areas on the Subject Property,subject to the conditions set forth in this Agreemen� . 3. 11RAilv1'�NANCE AND REPAIR OF DRNEWAY. The Owner shall be solely responsible for all costs relating to the maintenance and repair of the driveway,including any damage to the driveway caused in whole or in part by the Owner's use,maintenance,and repair of the driveway. This maintenance agreement is an obligation of the Owner and shall be binding upon the executors,administrators,su�ccessors and assigns of Owner. 4. HOLD HARMLESS AND INDEMNITY. In consideration of being allowed to encroach in the City's easement areas,Owner,for himself,his heirs and assigns,hereby agrees to indemnify and hold the City harmless from all costs and expenses,claims and liabiliiy,including attorney's fees,relating to or arising out of this grant to the Owner of permission for the existing driveway on the Subject Properiy. The Owner further agrees to indemnify and hold the City harmless from any dainage caused to the Subject Property,including the driveway in the City's easement area, ca.used in whole or in part by the encroachmeut and use of the Subject Property 5. TERNIINATION OF AGREEMENT. The City may,at its sole discretion, terminate this Agreement at any time by giving the then owner of the Subject Property thirly(30) days advance written notice,except that no notice period will be required in the case of an emergency condition as determined solely by the City and the Agreement may then be terminated immediately. Following notice,the Owner shall remove the portion of the driveway from the easement area,at Owner's sole expense. If the owner fails to remove the driveway as provided in this paragraph,then the City may remove the driveway and charge the cost of removal to the owner for reimbursement or have it assessed against the Subject Properiy. '