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within this right-of-way. See Attachment A for location of fence in
<br />relationship to the right-of-way.
<br />2. ENCROACHMENT AUTHORIZATION. The City hereby approves the
<br />encroachment on its right-of-way for the construction and maintenance of a
<br />fence and cart path. The Owner shall provide a detailed drawing, or
<br />drawin s, of the location, ze si and design of the fence to the City Engineer
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<br />prior to construction. Such drawing and construction shall be done to the
<br />satisfaction of the City Engineer, or her designee. The City reserves the
<br />right to the future use of the full width of right-of-way for street, sidewalk
<br />or utility construction.
<br />3�. ACCESS. The City maintains the right to have full access and use of the
<br />right-of-way. In consideration for this encroachment, the Owner hereby
<br />grants the City a waiver of trespass to allow any encroachment onto the
<br />Subject Property outside of the right-of-way area deemed necessary by the
<br />City or its agents to service repair, or replace the existina utility lines,
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<br />future utilities, or other uses of the right-of-way area. In the event by the
<br />City accessing its right-of-way, a portion of the Owner's fence or cart path
<br />needs removal, the Owner shall do so at its expense including the
<br />replacement thereof. The fence construction shall include the installation of
<br />moveable or removable fence panel /gate that allow a I 0'-wide ingress
<br />into the right-of-way.
<br />4. DEFEND, INDEMNIFY, AND HOLD HARMLESS. In consideration
<br />of being allowed to encroach on the City's right-of-way, the Owner, its
<br />successors, heirs, and assigns, hereby agree to defend, indemnify, and hold
<br />the City harmless from any claims, demands, losses, or injuries
<br />(collectively, C4 claims"') to persons or property which arise from or in
<br />connection with the use of the right-of-way area, which claims shall
<br />include, without limitation: loss, injury or death to any licensee, invitee,
<br />agent or employee of Owner. The Owner, its successors, heirs, and assigns,
<br />also agree to defend, indemnify, and hold the City harmless from any
<br />damages caused to the Subject Property or any improvements on the
<br />Subject Property, including, but not limited to, fences, driveways,
<br />vegetation, or sprinklers, by the City or its agents in accessing the right-of-
<br />way in serving, repairing, installing, or replacing the existing sewer lines,
<br />future utilities, or other uses of the right-of-way area. Owner is responsible
<br />for restoring its encroachments after the City or its agents service, repair,
<br />install, or replace the existing utility lines, future utilities or other uses of
<br />the right-of-way area.
<br />Encroachment Agreement
<br />Page 2 of 4
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