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<br />204871v1 <br />prior to commencing construction of the Encroachments. The Owner agrees that all work <br />performed on the Subject Property shall be inspected and approved by the City Engineer and in <br />accordance with the City Codes. Further conditions of encroachment approval are: <br /> The Owner shall be responsible for all costs associated with the Encroachments. <br /> The Encroachments located on the Subject Property must not impact or increase <br />water drainage on the abutting properties or cause any adverse drainage patterns <br />or erosion to the abutting properties. <br /> The Owner shall be responsible for the maintenance and repair of the <br />Encroachments. <br /> The owner of the Subject Property is fully responsible and liable for any and all <br />damage caused to the Encroachments because of them being constructed in the <br />City’s easements. <br /> <br />3. HOLD HARMLESS AND INDEMNITY. In consideration of being allowed to <br />encroach in the City's easements, Owner, for himself, his heirs, successors and assigns, hereby <br />agrees to indemnify and hold the City harmless from any damage caused to the Subject <br />Property, in whole or in part, by the Encroachments onto the City's easements. <br /> 4. TERMINATION OF AGREEMENT. The City may terminate this Agreement <br />at any time if it is reasonably necessary for the City to occupy the City’s easements. Prior to <br />termination, the City will give the then owner of the Subject Property thirty (30) days advance <br />written notice, except that no notice period will be required in the case of an emergency <br />condition as determined solely by the City and this Agreement may then be terminated <br />immediately. The property owner shall remove the Encroachments to the extent they impact the <br />City’s easements to the effective date of the termination of this Agreement. If the owner fails to <br />do so, the City may remove the Encroachments to the extent they impact the City’s easements <br />and charge the cost of removal back to the owner for reimbursement. <br /> 5. RECORDING. This Agreement shall run with the land and shall be recorded <br />against the title to the Subject Property.