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AGREEMENT THIS AGREEMENT made and entered into by and between the owner of the apartment complex at 550 Sandhurst Avenue, referred to as Palisade Apartments, hereafter "Owner" and. the City of Rosevi lie, hereafter "City." WHEREAS, the City owns a sanitary sewer easement along the east side of the building at 550 Sandhurst Avenue and a portion of the southeast corner of said building encroaches into said sanitary sewer easement area; WHEREAS, the owner has requested that the City vacate a portion of the sanitary sewer easement at the location of the encroachment; WHEREAS, if it is necessary for the City to excavate to the sanitary sewer line running through the sanitary sewer easement, the excavation will be significantly more difficult and costly if the sanitary sewer easement is vacated as requested by the owner, because of the inability to use gradual slopes in the excavation; and WHEREAS, the parties desire that this agreement provide for the owner to pay the additional cost of said excavation caused by the granting of a vacation of a portion of the sanitary sewer easement. NOW, THEREFORE, IT IS HEREBY AGREED by and between the parties as follows: 1. In the event the City vacates a portion of the sanitary sewer easement adjacent to 550 Sandhurst Avenue, legally described as follows: the owner agrees to reimburse the City for additional costs which may be incurred by the City caused by the vacation of the easement, in the event it is necessary to perform construction work on the sanitary sewer line. 2. It is agreed that if the owner does not pay the additional cost when billed by the City, that said cost may be certified to the County for inclusion along with the owner's real estate taxes on the tax statement on said property.