HomeMy WebLinkAboutA005 - Lawn Irrigation Apparatus Encroachment Permit Agreement LAWN IRRIGATION APPARATUS
ENCROACHMENT PERMIT AGREEMENT
WHEREAS, the undersigned property owner of premises at ,
Ames, Iowa, legally described as:
desires to install lawn irrigation apparatus between the said property line
and the road curbs in the city street; and,
WHEREAS, the Ames Municipal Code required the abutting property owner to
maintain said portion of the street and enter an agreement with the City for
the desired encroachment;
THE UNDERSIGNED AGREE as follows:
1. In consideration of the City hereby granting permission for the
desired encroachment, the undersigned owners and mortgagees, their successors
and assigns do hereby covenant and agree to indemnify and hold harmless the
City of Ames, its officers and employees, and also public utilities and cable
television operators, against any loss or liability whatsoever, including
attorneys fees, pertaining to any and all claims whatsoever made by any and
all persons whomsoever, resulting from or arising out of the location, in-
stallation, operation or maintenance of said lawn irrigation apparatus be-
tween the said property line and road curb.
2. The undersigned owners, mortgagees, and their successors and as-
signs shall be responsible for all costs associated with the installation ,
maintenance, repair, modification or removal of the said apparatus. The City
shall have no liability or responsibility for damage to the apparatus regard-
less of cause, including damage caused by the work of city employees.
In case of any malfunction in said apparatus which, in the sole judgment of
the City, requires immediate emergency repair, the City may take such mea-
sures as it deems appropriate in response, and the undersigned owners, mort-
gagees, their successors and assigns shall be jointly and severally liable to
the City for the costs thereof.
3. The aforesaid permission to encroach shall be and is subordinate to
the rights of the City of Ames, Iowa and to any existing or future rights
granted to any utility. After reasonable notice and an opportunity to be
heard, the City may revoke the aforesaid permission for any reason of public
purpose or policy.
4. The said irrigation approaches shall be installed at or below
ground level and shall be operated so as to not cast water onto the streets
or public sidewalks.
DATED this day of 19
CITY OF AMES, IOWA PROPERTY OWNER
By: By:
Jerald N. Byg
Municipal Engineer
MORTGAGEE
By:
Law/Lawnirri.402