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2008_0225_packet
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continued encroachment on the Easement Area for a parking lot, conditioned <br />upon, and subject to, City continuing to have all rights granted to 'it pursuant to <br />the Easement, In the event Owner or Tenant constructs a fence over or across the <br />Easeinent Area, any such fence shall include moveable or removeable fence <br />panels or gates that will allow a ten (10) foot wide ingress to the Easement Area. <br />City shall continue to have all rights of ingress and egress granted by the <br />Easement to service the existing ston'n pond, existing or future underground <br />utilities, or other proper usies, of the Easement Area. <br />3. HOLD HARMLESS AND INDEMNITY., In consideration of being allowed to <br />encroach on the Easement Area, Owner and Tenant, their successors, heirs, l and <br />assigns, hereby agree to indemnify and hold City harmless from any damage <br />caused to the Subject Property, including improvements thereto and/or items <br />being stored thereon, including, but not limited to fences,, vehicles, pavement,, <br />curb and gutter, storrn sewer, shrubs, trees, grass, sprinklers, and any other <br />improvements on the Subject Property by or from any cause whatsoever, <br />provided, however, to the extent reasonably practicable, City shall use the <br />southerly entrance to the Subject Property for purposes, of gaining access to the <br />Easement Area. This hold harinliess and indemnity provision includes any <br />damages caused by personnel and/or equipment of City in accessing the Easement <br />LW- 3 <br />1 99 <br />encroachment of the Easement Area or use of the Subject Property conflicts with <br />2 <br />
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