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Error! Unknown document property name. 2 with a street address of 2895 Casco Point Road, Orono, Minnesota (“Subject Property”). The City owns easements for drainage and utility purposes over portions of the Subject Property. Owners want to construct a two foot retaining wall on the Subject Property which encroaches on the City’s drainage and utility easement areas (the “Improvement(s)”) as depicted on the sketch attached hereto as Exhibit “A”. 2. ENCROACHMENT AUTHORIZATION. The City hereby approves the encroachment in the City’s easement areas on the Subject Property for the Improvement subject to the conditions set forth in this Agreement. Further conditions of encroachment approval are: • The City shall have no responsibility to maintain or repair the Improvement located within the City’s easement areas. • The Improvement located on the Subject Property must not impact or increase water drainage on the abutting properties or cause any adverse drainage patterns or erosion to the abutting properties. • The Owners are fully responsible and liable for any and all damage caused to the Improvement because of the Improvement being constructed in the City’s easement areas. • The owner of the Subject Property will own and maintain the Improvement. Further, Owners agree that the Improvement shall be constructed consistent with all applicable federal, state and local laws and regulations. 3. HOLD HARMLESS AND INDEMNITY. In consideration of being allowed to encroach in the City’s easement areas, Owners, for themselves, their heirs and assigns, hereby agree to indemnify and hold the City harmless from any damage caused to the Subject Property, including the Improvement in the City’s easement areas, caused in whole or in part by the encroachment into the City's easement areas. 4. TERMINATION OF AGREEMENT. The City may terminate this Agreement at any time if it is reasonably necessary for the City to occupy the easement areas for drainage or utility purposes and the Improvement is inconsistent with the City’ s use of the easement areas. Prior to termination, the City will give the then owner of the Subject Property thirty (30) days