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2012_0423_Packet
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2012_0423_Packet
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10/12/2012 3:06:58 PM
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4/19/2012 4:13:11 PM
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29 WHEREAS, the Owner desires to construct and maintain the retaining wall, parking lot <br />30and landscaping shown in Exhibit A attached hereto (“Encroachments”) within the Easement <br />31Area for the benefit of the Owner’s Property; <br />32 NOW THEREFORE, in consideration of the mutual covenants contained herein and for <br />33other good and valuable consideration, the parties agree as follows: <br />341. The Owner shall have the right to use the Easement Area to construct, maintain <br />35and repair the Encroachments, subject to the terms and conditions of this Agreement. <br />36 2. The Encroachments shall be constructed, maintained and repaired by the Owner at <br />37the Owner’s sole cost and expense holding the City free and clear of same. The Owner shall <br />38maintain the Encroachments in a neat, clean and safe condition. <br />39 3. The Owner shall be responsible for obtaining and paying for all permits, <br />40variances, approvals, costs, fees and other expenses necessary to construct, maintain and repair <br />41the Encroachments. The Owner shall construct, maintain and repair the Encroachments in <br />42compliance with all laws, rules, regulations, codes and ordinances imposed by all governmental <br />43authorities which have jurisdiction over the Easement Area. <br />44 4. The Owner hereby releases and discharges the City, and its officers, employees, <br />45contractors and agents from all damages, liabilities, claims, demands and actions arising out of <br />46the use and existence of the Encroachments within the Easement Area, including but not limited <br />47to damages caused to the Encroachments as a result of the exercise by the City, and its officers, <br />48employees, contractors and agents, of the easement rights granted under the Storm and Sanitary <br />49Sewer Easement, except to the extent caused by the gross negligence or intentional misconduct <br />50of the City, its officers, employees, contractors and agents. The Owner hereby further agrees to <br />51indemnify, defend and hold the City, and its officers, employees, contractors and agents, <br /> <br />
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