02-12-24-SWS - Laserfiche WebLink

Home Browse Search

1. Encroachment Authorization; Special Conditions. The City hereby approves the Encroachment, including the right to reasonable mowing of the City Property as depicted within the Encroachment Area, and permits the Encroachment to remain in the Encroachment Area, subject to the terms of this Agreement, including but not limited to, the following special conditions: A. Owners are the sole owners of the Encroachment, and are solely responsible for all work, cost, and expense for the maintenance of the Encroachment; B. Other than routine trimming and mowing of the Plantings that are already planted within the Encroachment Area, Owners are not permitted to alter, replace, expand, relocate, or add new plantings the Encroachment without prior approval by the City; C. At Owners' sole cost and expense, Owners are required to do all of the following: i. Comply with any directive or order given by City staff following inspection of the Encroachment; ii. The number of Plantings are not to exceed a quantity of X (X) and must be of like kind. iii. Maintain the Plantings at a height no taller than Xfeet; iv. Trim or remove the Plantings individually or coltedively as directed by City staff, and/or as required by the City, Xcel Energy, or other governmental agency; V. Promptly remove and replace any individual Planting that has died; vi. Upon removal of any individual Planting, group of Plantings, or the Encroachment as a whole, restore the Encroachment Area to a condition consistent with the condition of the surrounding City Property; and vii. Nd 2. Admission of No Right. Owners does not now claim any rights or title to any part of the City Property by reason of past, present, or future occupancy there, nor will Owners make any such claim in the future. 3. Acknowledgements by Owners. Owners acknowledge that City's ownership rights of the City Property, including the Encroachment Area, shall be superior to those rights conveyed by this Agreement. Owners further acknowledge that Owners' placement of the Encroachment in the Encroachment Area over and across the City Property includes the risk that it might become necessary that the Encroachment be disturbed or removed to facilitate City access to the City Property. 4. City Right of Entry, Work Within Encroachment Area. At all times, regardless of the hour of day or day of the week, the City shall have the right to enter onto the Encroachment Area to perform maintenance, repairs, replacement, or other work related to the City Property, as deemed necessary by the City, in the City's sole discretion. 5. Inspections by the City. The City shall inspect the Encroachment for compliance 2281030