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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 wail 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 constiuction, maintenance, use, and <br />operation of the retaining wall. <br />5. TERMINATION OF AGREEMENT. If the retaining wail 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 />