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2. ENCROACHMENT AUTHORIZATION. The City hereby approves the <br /> encroachment in its right-of-way easement on the Subject Property for the retaining wall subject <br /> to the conditions set forth in this Agreement. Further conditions of encroachment approval are: <br /> • The City shall have no responsibility to maintain or repair the retaining wall located <br /> within the City's right-of-way area. <br /> • The retaining wall located on the Subject Property must not impact or increase water <br /> drainage on the abutting properties or cause any adverse drainage patterns or erosion to <br /> the abutting properties. <br /> • Owner shall construct the retaining wall consistent with all applicable federal, state <br /> and local laws and regulations. <br /> • The Owner is fully responsible and liable for any and all damage caused to the <br /> retaining wall because of it being constructed in the City's right-of-way area. <br /> • The owner of the Subject Property will own and maintain the retaining wall. <br /> • The retaining walls shall remain unless alternative plans have been approved by the <br /> city. <br /> 3. INTEREST IN RIGHT-OF-WAY. Nothing in this Agreement shall be deemed a <br /> waiver or abandonment of the City's interest in the right-of-way. <br /> 4. HOLD HARMLESS AND INDEMNITY. In consideration of being allowed to <br /> encroach in the City's right-of-way area, Owner, for himself, his heirs, successors and assigns, <br /> hereby agrees to indemnify and hold the City harmless from all costs and expenses, claims and <br /> liability, including attorney's fees,relating to or arising out of this grant to the Owner of permission <br /> to encroach on the City's right-of-way easement area for the construction,maintenance, use, and <br /> operation of the retaining wall. <br /> 5. TERMINATION OF AGREEMENT. If the retaining wall interferes with the <br /> use, maintenance or repair of the City's right-of-way and/or utilities within the right-of-way,the <br /> property Owner shall remove the interference at their sole expense. If the property owner fails to <br /> maintain the retaining wall or fails to remove the interference as provided in this paragraph, the City <br /> may, at its sole discretion,terminate this Agreement by giving the current owner of the Subject <br /> Property thirty(30) days advance written notice. The City may unilaterally terminate this <br /> 202790v1 2 <br />