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2. ENCROACHMENT AUTHORIZATION. The City hereby approves the <br /> encroachment on its Easement Areas for the existing driveway, subject to the conditions set forth in <br /> this Agreement. Further conditions of encroachment approval are: <br /> • The City shall have no responsibility to maintain or repair the driveway located within the <br /> Easement Areas. <br /> • The driveway 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 <br /> to the abutting properties. <br /> • The Owners,their heirs, successors and assigns,are fully responsible and liable for any <br /> and all damage caused to the driveway because of it being constructed in the City's <br /> Easement Areas. <br /> • The Owner of the Subject Property will own and maintain the driveway. <br /> Further, Owner agrees that the driveway shall be constructed consistent with all applicable <br /> federal, state and local laws and regulations. <br /> 3. HOLD HARMLESS AND INDEMNITY. In consideration of being allowed to <br /> encroach in the Easement Areas, the Owners, for themselves, their heirs and assigns, hereby agree <br /> to indemnify and hold the City harmless from any damage caused to the Subject Property, including <br /> the driveway located in the Easement Areas, caused in whole or in part by the encroachment into <br /> the Easement Areas. <br /> 4. TERMINATION OF AGREEMENT. The City may, at its sole discretion, <br /> terminate this agreement at any time if the City needs to occupy the Easement Areas by giving the <br /> then owner of the Subject Property thirty(30)day advance written notice. The owner of the Subject <br /> Property may be required to remove the driveway if it is deemed necessary by the City in order to <br /> exercise the purpose of the Easement Areas. If the owner fails to do so, the City may remove the <br /> driveway and charge the cost of removal back to the owner for reimbursement. No notice under this <br /> paragraph shall be required in the event of an emergency condition determined solely by the City <br /> and the Agreement may then be terminated immediately. <br /> 227687v1 <br />