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2. ENCROACHMENT AUTHORIZATION. The City hereby approves the <br /> encroachment within its easement area for the installation of a mound septic system on the subject <br /> property as depicted on the attached sketch drawing, except over existing utilities. <br /> 3. HOLD HARMLESS AND INDEMNITY. In consideration of being allowed to <br /> encroach within the City's easement area, Person, their successors, heirs and assigns, hereby agree <br /> to indemnify and hold the City harmless from any damage caused to the subject property,�including <br /> the mound septic system being installed on the subject property. <br /> 4. TERMINATION OF AGREEMENT. The City may, at its sole discretion, <br /> terminate this Agreement at any time by giving the owner of the subject property thirty (30) days <br /> advance 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 the Agreement may then be terminated <br /> immediately. The property owner shall remove the mound septic system to the effective date of the <br /> termination of this Agreement. If the owner fails to do so the City may remove the septic system � _ <br /> and charge the cost of removal back to the property owner. <br /> 5. RECORDING. This Agreement shall be recorded against the title to the�subject � � <br /> property. <br /> 151693v01 2 ORONO/630 Big Island <br /> SRN:O�/12/2010 (Septic System Encroachments) <br />