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f <br />:)m the public utility easement at their own expense if, in the determination of <br />ie City or of any utility company which has a right to the use of such easement, <br />ach removal is necessary for the construction, reconstruction, repair or <br />iaintenance of utility lines within such easement, or as to any other lawful uses <br />f such easement. Failure oh ahn Puohe ey eSt shall ent the Ithe C tysoroutility <br />i t e r e s t, t o p r o m p t l y c o m p l y w i t Y q <br />ompany to cause such removal to be accomplished, with the Property Owners <br />r their successors in interest being liable for all such costs incurred, and with <br />uch costs incurred constituting a lien upon the subject Property. <br />3. Neither the City nor any utility company shall be liable to the <br />'roperty Owners or their successors in interest for any damage to or destruction <br />if such Structure, or to any contents thereof, or to any restriction in the <br />isefulness of such structure, by virtue of any lawful activities of the City or of any <br />itility company wifhin or as to such easement. The Property Owners and their <br />>uccessors in interest assume any and all risks associated therewith. <br />4. In the event of the removat or destruction (whether partial or <br />;omplete) of the Structure by any cause whatsoever, this Agreement shall not <br />;onfer any right or privilege to the Property Owners or to their successors in <br />nterest to construct or reconstruct this Structure or another structure in the same <br />:)r another encroaching location. Any such construction or reconstruction shall <br />require the separate permission and agreement of the governing body of the <br />City, which such permission and agreement may be denied or withheld for any <br />reason whatsoever. <br />5. The covenants, conditions and agreements contained in this <br />Agreement shall run with the land and be equally binding upon all future owners <br />of the subject real estate, and to the successors in interest to the Property <br />Owners. . <br />6. This Agreement shall expire and be null and void if not recorded by <br />the Property Owners in the n an Recors <br />constrouction aofCsuch t ucture within thirty <br />(30) days of its executio <br />cornmenced until a building permit shall have been issued therefore, and no <br />building permit shall be issued until proof of such recording has been provided to <br />the City. <br />7. This Agreement shall expire and be null and void within one year of <br />this date if such temporary portable security guard office structure has not been <br />constructed by such time. <br />IN WITNESS WHEREOF, the parties have executed this Agreement on <br />the date first above shown. <br />s <br />PAGE 2 <br />Encroachment on Easement <br />We Pack Facility 12-5-08 <br />