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4. <br /> improvement, at any time by giving the Owner(s)of the Subject Property thirty(30)days advance <br /> written notice,to remove at their own expense,the Encroachment, or a portion thereof. If the <br /> Owner fails to remove the Encroachment as requested upon notice by the City,the City may do so <br /> and the Owner agrees to promptly reimburse the City for any costs the City incurs. <br /> 3. HOLD HARMLESS AND INDEMNITY. In consideration of being allowed to <br /> encroach in the City's easement, Owners, for themselves, and their successors and assigns,hereby <br /> agree to indemnify and hold the City harmless from any damage caused to the Subject Property, in <br /> whole or in part, by the encroachment onto the City's easement. <br /> 4. OWNER'S RIGHT TO RECONSTRUCT RETAINING WALL. Owners may <br /> replace the retaining wall in kind without further City approvals, in the event that the City <br /> removes or requires removal of the wall for some purpose and such replacement is not in <br /> conflict with the City's use of the easement area. <br /> 5. RECORDING. This Agreement shall run with the land and shall be recorded <br /> against the title to the Subject Property. <br /> 6. BINDING AFFECT. This Agreement is binding upon the parties,their successors <br /> and assigns. <br /> IN WITNESS WHEREOF,this Agreement was executed by the parties the day and year <br /> first above written. <br /> CITY OF ORONO: <br /> By: <br /> (SEAL) Dennis Walsh,Mayor <br /> And0.--)--rek_ <br /> Anna Carlson, City Clerk <br />