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<br /> b. Developer - Means Innisfree Ventures II, LLC and its lawful successors or
<br /> assigns.
<br /> c. Public Right-of-Way—Means the surface, the air space above the surface, and the
<br /> area below the surface, of the public streets, roads, sidewalks, lanes, courts, ways, alleys, and
<br /> boulevards, including, without limitation, all public utility easements and public service
<br /> easements as the same now or may thereafter exist that are under the jurisdiction of the City.
<br /> This term shall not include any property owned by any person or agency other than the City,
<br /> except as provided by applicable Laws or pursuant to an agreement between the City and any
<br /> person.
<br /> d. Engineering and Transportation Department Director - Means the individual
<br /> designated as the Engineering and Transportation Department Director of the City, including any
<br /> individual expressly designated to exercise functions with respect to the rights and obligations of
<br /> the Engineering and Transportation Department Director under this Agreement and any other
<br /> individual, person, division, department,bureau, or agency of the City as may, from time to time,
<br /> exercise functions equivalent or similar to those now exercised by the Engineering and
<br /> Transportation Department Director.
<br /> e. Laws—Means all applicable laws, statutes, ordinances, and regulations of the Federal,
<br /> State, county, and municipal governments and all other governmental authorities affecting the
<br /> Developer Parcel and/or the Encroachment, or any part thereof.
<br /> 3. Authorization for Encroachment. Subject to the provisions of this Agreement and all
<br /> applicable Laws, City hereby irrevocably licenses and permits the Encroachment in the Sidewalk
<br /> ROW described in Recital C above, and as more particularly depicted in Exhibit B, which is
<br /> attached hereto and made a part of this Agreement. This Agreement shall remain in effect in
<br /> perpetuity, and may be terminated or modified only in accordance with the terms hereof.
<br /> 4. Future Construction/Maintenance within the Encroachment Area and the Sidewalk ROW.
<br /> Except as permitted by applicable Laws or this Agreement, in the future performance and
<br /> exercise of its rights and obligations under this Agreement, Developer shall not interfere in any
<br /> material manner with the existence and operation of the Sidewalk ROW or with the existence
<br /> and operation of any facilities located therein, including any sanitary sewers, water mains, storm
<br /> drains, gas mains, poles, overhead and underground electric and telephone wires, electroliers,
<br /> cable television, telecommunications, utility, and municipal property located in said Sidewalk
<br /> ROW and affected by the Encroachment (individually and collectively, the "Third Party
<br /> Facilities") without the express written consent of the owner(s) of the affected Third Party
<br /> Facilities. Such consent, if applicable, shall indicate that the affected owner is aware of the
<br /> Encroachment, and that said owner consents to the proposed actions by Developer within the
<br /> Sidewalk ROW. Copies of such approvals, if applicable, must be received by the Engineering
<br /> and Transportation Department Director prior to the commencement of any future activity by
<br /> Developer that requires performance of construction or repairs to that portion of the Foundation
<br /> sitting within the Encroachment. Developer shall be responsible for coordinating its activities
<br /> with all said owner(s) of the Third Party Facilities, if any. Developer shall also be responsible
<br /> for the repair and restoration of any damage caused by Developer to facilities belonging to the
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<br /> Encroachment Agreement
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