This Drainage and/or Utility Easement Encroachment is made by the owners or owners’ duly authorized representative of real property.
In consideration of the grant of permission by the City for the Owner to encroach into the Drainage and/or Utility Easement by installing and maintaining private improvements, the Owner agrees as follows:
- This Agreement shall run with the land.
- The Encroachment shall be installed and maintained in a safe, sanitary and attractive condition at the sole cost, risk and responsibility of the Owner and the successors in interest.
- The Owner shall remove, relocate or restore the Encroachment as directed by the City within twenty (20) calendar days of written notice from the City, or in the case of an emergency, as determined by the City, the City may request that the work be done immediately or within less than the twenty (20) calendar days. If the Owner fails to remove, relocate or restore the Encroachment or otherwise comply with the direction of the City regarding the Encroachment, the City may cause the work to be done, and the costs thereof shall be a lien against the Property.
- The Owner agrees to restore the effected easement back to its original condition at such time as the Encroachment is removed. Should the Owner fail to restore the easement to its original condition, the City may cause the work to be done, and the costs thereof shall be a lien against the Property.
- The City’s rights and powers as it applies to this easement shall remain in full force and effect even with the acceptance of this Encroachment into the easement. Should the City determine that the easement is needed for any proper use; the City shall have the right to occupy and utilize the easement when needed without obligation to remove, relocate or replace the Encroachment. The City’s acceptance of this Encroachment into the easement shall not limit or restrict any use of the easement by utilities.
- This acceptance of Encroachment into the easement shall be ongoing and shall be reviewable at any time at the discretion of the City.
- All exhibits and attachments referenced or included herein are incorporated by reference.
- The Owner agrees to defend, indemnify, protect and hold harmless the City, its agents, officers and employees from and against any and all liability including, but not limited to, claims asserted, demands, causes of action, costs, expenses, losses, attorney fees, damages, expenses or payments that the City may sustain or incur in any manner for damages or injuries, including those to any person or property, arising from, relating to, or resulting from the construction, maintenance, state of use, repair or presence of the Encroachment.
- The City cannot grant approval for encroachment into the General Network Easement.