03-26-18-R - Laserfiche WebLink

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196911v1 2 • The driveway shall not impact or increase water drainage on the abutting properties or cause any adverse drainage patterns or erosion to abutting properties; • The City shall have no responsibility to maintain the driveway located within the City’s easements; and • Horita agrees that the driveway shall be constructed consistent with all applicable federal, state and local laws and regulations and shall not encroach beyond the areas identified in the survey sketch. 3. HOLD HARMLESS AND INDEMNITY. In consideration of being allowed to encroach on the City’s easements within the Subject Property, Horita, for himself, his heirs, successors and assigns, hereby agrees to indemnify and hold the City, its officers, employees and agents, harmless from any damage caused by the construction and maintenance or lack of maintenance of the driveway. 4. TERMINATION OF AGREEMENT. The City may terminate this Agreement at any time if it is reasonably necessary for the City to occupy the easement area for drainage or utility purposes and the driveway is inconsistent with the City’s use of the easement. Prior to termination, the City will give the then owner of the Subject Property thirty (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 this agreement may then be terminated immediately. The property owner shall remove that portion of the driveway to the extent it impacts the easement area to the effective date of the termination of this agreement. If the owner fails to do so, the City may remove the driveway to the extent it impacts the easement area and charge the cost of removal back to the owner for reimbursement. 5. RECORDING. This Agreement shall run with the land and shall be recorded against the title to the Subject Property. [Signature pages follow.]