Encroachment agreement-2007 - Laserfiche WebLink

Home Browse Search

agreed upon and approved by the City. The Owners shall be required to obtain a land alteration permit and agree to restore the subject property as required in the land alteration permit. An escrow agreement shall be executed contemporaneously with this Agreement to guaranty restoration will be completed on the subject property. 3. INTEREST IN RIGHT-OF-WAY. Nothing in this Agreement shall be deemed a wavier or abandonment of the City's interest in the right-of-way within Lydiard Avenue. 4. COST, MAINTENANCE AND REPAIR. In consideration of being allowed to encroach on the City's right-of-way, the Owners shall be solely responsible for all costs relating to the repair of the seawall. 5. HOLD HARMLESS AND INDEMNITY. The Owners, their successors, heirs, and assigns, hereby agree to indemnify and hold the City harmless from all costs and expenses, claims and liability,including attorney's fees,relating to or arising out of this grant to the Owners of permission by the City to encroach within the City's right-of-way. The Owners further agree to indemnify and hold the City harmless from any damage caused, in whole or in part, by the encroachment into the City's right-of-way and the City's use of the right-of-way. 6. TERMINATION. If the portion of the seawall within Lydiard Avenue interferes with the use, maintenance, or repair of the City's right-of-way, the Owners shall remove the interference, at their sole expense. If the Owners fail to remove any interference as provided in this paragraph, then the City may, at its sole discretion, terminate this Agreement at any time by giving the Owners thirty (30) days advance written notice, and may then remove the interference and charge the cost to the Owners or have it assessed against the subject property. 7. RECORDING. This Agreement shall be recorded against the title to the subject property and shall be binding upon the Owners,their heirs,assigns, and successors in interest. 13550002 2