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from the public utility easement at their own expense if, in the determination of the City or of any utility company which has a right to the use of such easement, such removal is necessary for the construction, reconstruction, repair or maintenance of utility lines within such easement, or as to any other lawful uses of such easement. Failure of the Property Owners, or their successors in interest, to promptly comply with any such request shall entitle the City or utility company to cause such removal to be accomplished, with the Property Owners or their successors in interest being liable for all such costs incurred, and with such costs incurred constituting a lien upon the subject Property. 3. Neither the City nor any utility company shall be liable to the Property Owners or their successors in interest for any damage to or destruction of such Structure, or to any contents thereof, or to any restriction in the usefulness of such structure, by virtue of any lawful activities of the City or of any utility company within or as to such easement. The Property Owners and their successors in interest assume any and all risks associated therewith. 4. In the event of the removal or destruction (whether partial or complete) of the Structure by any cause whatsoever, this Agreement shall not confer any right or privilege to the Property Owners or to their successors in interest to construct or reconstruct this Structure or another structure in the same or another encroaching location. Any such construction or reconstruction shall require the separate permission and agreement of the governing body of the City, which such permission and agreement may be denied or withheld for any reason whatsoever. 5. The covenants, conditions and agreements contained in this Agreement shall run with the land and be equally binding upon all future owners of the subject real estate, and to the successors in interest to the Property Owners. 6. This Agreement shall expire and be null and void if not recorded by the Property Owners in the Land Records of Lamar County, Texas within thirty (30) days of its execution. No construction of such structure shall be commenced until a building permit shall have been issued therefore, and no building permit shall be issued until proof of such recording has been provided to the City. 7. This Agreement shall expire and be null and void within one year of this date if such temporary portable security guard office structure has not been constructed by such time. IN WITNESS WHEREOF, the parties have executed this Agreement on the date first above shown. Encroachment on Easement We Pack Facility 12-5-08 PAGE 2