01-08-2024 CC Agenda Packet - Laserfiche WebLink

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229351v1 Subject Property and which encroach on the City’s Easement Areas as depicted on the sketch attached hereto as Exhibit “A”. 2. ENCROACHMENT AUTHORIZATION. The City hereby approves the encroachment on its Easement Areas for the Improvements, subject to the conditions set forth in this Agreement. Further conditions of encroachment approval are as follows: • The Improvements 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. • Owners will be responsible for repair, replacement and maintenance of the Improvements. • The Owners, their heirs, successors and assigns, are fully responsible and liable for any and all damage caused to the Improvements because of it being constructed in the City’s Easement Areas. • The City shall have no responsibility to maintain or repair the Improvements located on the Subject Property or encroaching into the Easement Areas. Further, Owners agree that the Improvements 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 Improvements 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 Improvements 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 Improvements and charge the cost of removal back to the owner for reimbursement. No notice under 58