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"Improvements")on the Subject Property and which encroach on the City's Easement Areas as <br /> depicted on the attached Exhibit"A". <br /> 2. ENCROACHMENT AUTHORIZATION. The City hereby approves the <br /> encroachment in its Easement Areas on the Subject Property for the Improvements conditioned <br /> upon removable fence panels in areas where the fence encroaches on existing utilities and/or <br /> installation of gates having a clear span the width of the easement for City access to its Easement <br /> Areas. <br /> 3. HOLD HARMLESS AND INDEMNITY. In consideration of being allowed to <br /> encroach in the Easement Areas, Owners, for themselves,their heirs and assigns,hereby agree to <br /> indemnify and hold the City harmless from any damage caused to the Subject Property, <br /> including the Improvements located in the Easement Areas, caused in whole or in part by the <br /> encroachment into the Easement Areas. <br /> 4. TERMINATION OF AGREEMENT. The City may, at its sole discretion, <br /> terminate this Agreement at any time if it is reasonably necessary for the City to occupy the <br /> Easement Areas by giving 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 that portion of the Improvement's to the extent it <br /> impacts the Easement Areas to the effective date of the termination of this Agreement. If the <br /> owner fails to do so,the City may remove the Improvements to the extent it impacts the <br /> Easement Areas 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. <br /> 220082v2 2 <br />