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utilities, Owner must repair said damage immediately and at Owner's expense; or at the option of <br />the City, City will repair said damage and Owner must immediately thereafter reimburse City for <br />said cost and expense. In addition, Owner must reimburse City for any and all additional cost and <br />expense incurred by City to the extent such additional cost and expense was necessitated by reason <br />of the shed encroachment; including any cost and expense associated with obtaining manual <br />access to the water or sewer main and other facilities. If Owner fails to reimburse City for the cost <br />of repair and damage and additional costs incurred by City, City will have the right to impose these <br />costs as a lien against the Property. <br />4. In the event that the shed is destroyed, removed, or demolished, this <br />Agreement is terminated. Owner, for themselves and their successors in interest in the Property, <br />agree that any replacement shed built on the Property will not encroach into the City's <br />Easement without the prior written consent of the City. <br />5. To the fullest extent permitted by law, Owner hereby indemnifies and agrees to <br />hold harmless the City, its officers, agents and employees, from and against all claims, damages, <br />losses and expenses, including reasonable attorney's fees, arising out of or resulting from the <br />construction, location, and maintenance of the shed_ on and within the City's Easement. <br />6. The City will not be restricted in any manner from accessing, maintaining, repairing <br />or reconstructing any current or future planned utilities located in the Easement. <br />7. This Agreement shall inure to the benefit of and be binding upon the respective <br />heirs, personal representatives, successors and assigns of the parties hereto. <br />IN WITNESS WHEREOF, the parties have hereunto set their hands and seals hereto on <br />the day and year first above written. <br />[signatures to follow] <br />2 <br />