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removed without prior written approval by the City and no additional retaining walls, fences, or other <br />structures may be placed within the City Parcel or within any City -owned drainage and utility easements on <br />the Olson Parcel without prior written approval by the City. <br />3. MAINTENANCE AND REPAIR OF RETAINING WALL. Olson shall be solely <br />responsible for all costs relating to the maintenance and repair of the retaining wall and landscaping on the <br />City Parcel, including any damage to the retaining wall and landscaping caused in whole or in part by any <br />use of the City Parcel. This maintenance agreement is a personal obligation of Olson and shall be binding <br />upon the executors, administrators, successors, and assigns of Olson. <br />4. HOLD HARMLESS AND INDEMNITY. In consideration of being allowed to encroach <br />on the City Parcel, Olson, their successors, heirs, and assigns, hereby agree to indemnify and hold the City <br />harmless from all costs and expenses, claims and liability, including attorney's fees, relating to or arising out <br />of this grant to Olson of permission for the retaining wall and landscaping to encroach on the City Parcel. <br />5. TERMINATION. If the retaining wall and landscaping on the City Parcel interfere with <br />the use, maintenance or repair of City Parcel or the use, maintenance or repair of the utilities within the <br />City's drainage and utility easements on the Olson Parcel, Olson shall remove the interference, at their sole <br />expense. If Olson fails to remove any interference as provided in this paragraph, then the City may, at its <br />sole discretion, terminate this Agreement at any time by giving Olson, their successors, heirs and assigns, <br />thirty (30) days advance written notice, and may then remove the interference and charge the cost to Olson <br />or have it assessed against the Olson Parcel. <br />6. RECORDING. This Agreement shall be recorded against the title to the City Parcel and <br />the Olson Parcel and shall be binding upon the parties name herein, their heirs, assigns and successors in <br />interest. <br />13213301 Z (Abstract Property) <br />SRN:06/07/2007 <br />