08-28-2023 Council Packet - Laserfiche WebLink

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227687v1 2. ENCROACHMENT AUTHORIZATION. The City hereby approves the encroachment on its Easement Areas for the existing driveway, subject to the conditions set forth in this Agreement. Further conditions of encroachment approval are: x The City shall have no responsibility to maintain or repair the driveway located within the Easement Areas. x The driveway located on the Subject Property must not impact or increase water drainage on the abutting properties or cause any adverse drainage patterns or erosion to the abutting properties. x The Owners, their heirs, successors and assigns, are fully responsible and liable for any and all damage caused to the driveway because of it being constructed in the City’s Easement Areas. x The Owner of the Subject Property will own and maintain the driveway. Further, Owner agrees that the driveway shall be constructed consistent with all applicable federal, state and local laws and regulations. 3. HOLD HARMLESS AND INDEMNITY. In consideration of being allowed to encroach in the Easement Areas, the Owners, for themselves, their heirs and assigns, hereby agree to indemnify and hold the City harmless from any damage caused to the Subject Property, including the driveway located in the Easement Areas, caused in whole or in part by the encroachment into the Easement Areas. 4. TERMINATION OF AGREEMENT. The City may, at its sole discretion, terminate this agreement at any time if the City needs to occupy the Easement Areas by giving the then owner of the Subject Property thirty (30) day advance written notice. The owner of the Subject Property may be required to remove the driveway if it is deemed necessary by the City in order to exercise the purpose of the Easement Areas. If the owner fails to do so, the City may remove the driveway and charge the cost of removal back to the owner for reimbursement. No notice under this paragraph shall be required in the event of an emergency condition determined solely by the City and the Agreement may then be terminated immediately.