Encroachment Agreement- June 2007

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, . � � (. • 'The existing private driveway in the right-of-way area must be altered per the survey attached hereto as Exhibit"C". 2. Nothing in this Agreement sha11 be deemed a waiver or abandonment of the City's rights to the right-of-way area. 3. The Landowner sha11 be responsible for a11 costs relating to maintenance and repair, including snow removal,with respect to the existing private driveway. This maintenance agreement is a personal obligation of the Landowner and shall be binding upon the heirs, executors, administrators, successors,and assigns of the Landowner. 4. The Landowner, her heirs, assigns, and successors in interest, does hereby agree to defend, indemnify, and hold the City harmless from all costs and expenses, claims and liability, including attorney's fees, relating to or arising out of the grant to the Landowner of permission to encroach in the City's right-of-way area for the maintenance, use, operation, and the like of the existing private driveway. The Landowner further agrees to indemnify and hold the City harmless from any damage caused to the subject property, including the existing private driveway, caused in whole or part by the encroachment into the City's right-of-way area. 5. The City may, at its sole discretion, terminate this Agreement at any time by giving the then current owner of the subject property a minimum of thirty(30)days advance written notice. The property owner sha11 remove the existing private driveway by the effective date of the termination of this Agreement. If the owner fails to do so the City may remove the existing private driveway and assess the cost against the subject property. 6. This Agreement sha11 automatically terminate in the event any of the following occur: • Voluntary removal of the house. • Involuntary removal of the house and no permit for reconstruction issued within six(6)months. 131061v02 2 (Abstract Property) SRN:r04/23/2007