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� � � 1 <br /> fence encroaches on existing utilities and/or installation of gates having a cleaz span the width of the <br /> easement for City access to its easement azeas. Further conditions of encroachment approval are as <br /> follows: <br /> • T'he fence must also allow water to pass under it so as not to impede overland water flow <br /> during rain events. <br /> • The fence must remain a minimum distance of five(5)feet from any drainage structures. <br /> • T'he fence posts shall be placed on the subject property but not attached to the neighboring <br /> fences. <br /> 3. HOLD HARMLFSS AND INDENIl�IITY. In consideration of being allowed to <br /> encroach in the City's easement areas, the Kellys, for themselves. their heirs and assigns, hereby <br /> agree to indemnify and hold the City hatmless from any damage caused to the subject property, <br /> including the garden,fence and removable fence panels and/or gates on the subject property, caused <br /> in whole or in part by.the encroachment into the City's easement azeas. <br /> 4. TERMINATION OF AGREEMENT. The City may, at its sole discretion, <br /> terminate this Agreement at any time by giving the then owner of the subject property thirty (30) <br /> days advance written notice, except that no notice period will be required in the case of an <br /> emergency condition as determined solely by the City and the Agreement may then be <br /> terminated immediately. 'The property owner shall remove the garden and fence to the effective <br /> date of the termination of this Agreement. If the owner fails to do so the City may remove the <br /> garden and fence and charge the cost of removal back to the owner for reimbursement. <br /> 167418v1 2 <br />