The property owner will maintain said object(s) at no expense to the City; and if the owner fails to do so, the City may, at its option, perform or have such maintenance performed and assess the full cost thereof against the real estate as a direct benefit thereto.

The owner will not hold the City liable for any damages to said object resulting from any of the City’s operations. Further, the owner, recognizes the right of the City to remove said objects when they interfere with a public purpose as may be defined or redefined by Council now or in the future.

The owner will remove said object when it interferes with the use of the right-of-way by the City or its authorized representatives including its franchisers, and will allow the City and its authorized representatives including its franchisers the right to maintain their existing facilities or install new ones in said location as if the objects to be installed were not there.

Nothing shall be erected or maintained that would violate present or future zoning laws or other safety laws or rules. The property owner shall bear the cost of complying with present or future requirements of the City as to zoning and safety matters.

If your installation includes a sprinkler system in the vicinity of any sidewalk, either now or hereafter constructed, water must be aimed away from the sidewalk so as not to preclude the use of said walkway or create any hazardous condition. Any adjustment that may be needed to satisfy this obligation, and any other change mentioned herein or throughout this agreement, shall be at the property owner’s expense.

No wall, bush, fences, objects or like structures in the right-of-way (but not including trees) shall exceed 42” in height or otherwise interfere with traffic vision. All vegetation (not including trees) shall be maintained as required by City ordinances.

If a water meter, valve, or other City owned object is existing within the area delineated, provisions shall be made for allowing City personnel to get to said object conveniently.

If a fire hydrant is located in the area concerned, special provisions to allow for its unrestricted use will be shown and guaranteed, to the City’s satisfaction.

Nothing shall be erected or maintained that would violate present or future zoning laws or other safety laws or rules. The property owner shall bear the cost of complying with present or future requirements of the City as to zoning and safety matters.

The Owners acknowledge that the City’s action in granting permission for placement of objects in the right-of-way shall not cause the City to be liable for any damages arising therefrom; and the property owner agrees to indemnify and hold the City harmless from any and all such damages and from all direct and indirect expenses which might otherwise be incurred by the City in defending damage claims.

The Owners will bear the expense of preparing all documents referenced herein, and of satisfying any obligation stated herein, as part of process of applying for City approval via this agreement. The Owner understands that this agreement, if approved, will be recorded in the chain of title for the subject property as a covenant